95-747. Kimmins Abatement Corporation, Debarment  

  • [Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
    [Notices]
    [Pages 2992-2996]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-747]
    
    
    
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    DEPARTMENT OF LABOR
    Office of Federal Contract Compliance Programs
    
    
    Kimmins Abatement Corporation, Debarment
    
    AGENCY: Office of Federal Contract Compliance Programs, Labor.
    
    ACTION: Notice of Debarment, Kimmins Abatement Corporation.
    
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    SUMMARY: This notice advises of the debarment of Kimmins Abatement 
    Corporation (hereinafter ``KAC''), as an eligible bidder on Government 
    contracts and subcontracts and federally-assisted construction 
    contracts and subcontracts. The debarment is effective immediately.
    
    FOR FURTHER INFORMATION CONTACT: Annie Blackwell, Director Program 
    Policy, Office of Federal Contract Compliance Programs, U.S. Department 
    of Labor, 200 Constitution Ave., N.W., Room C-3325, Washington, DC 
    20210 ((202) 219-9430).
    
    SUPPLEMENTARY INFORMATION: On December 21, 1994, pursuant to 41 CFR 60-
    30.31, et seq., the Administrative Law Judge approved a consent decree 
    which provides: (1) KAC will be ineligible for the award of any 
    Government contracts or subcontracts for at least 180 days, and 
    thereafter until KAC satisfies the Deputy Assistant Secretary for 
    Federal Contract Compliance Programs that KAC is in compliance with 
    Executive Order 11246, as amended. A copy of the Consent Decree is 
    attached.
    
        Signed January 5, 1995, Washington, D.C.
    Shirley J. Wilcher,
    Deputy Assistant Secretary For Federal Contract Compliance Programs.
    
    United States Department of Labor, Office of Federal Contract 
    Compliance Programs, Plaintiff, v. Kimmins Abatement Corporation and 
    Kimmins Environmental Service Corporation, Defendants; Consent Decree
    
    [Case No. 94-OFC-20]
    
        This Consent Decree is entered into between the Plaintiff, United 
    States Department of Labor, Office of Federal Contract Compliance 
    Programs (hereinafter ``OFCCP''), and Defendants Kimmins Abatement 
    Corporation (``KAC'') and Kimmins Environmental Services Corporation 
    (``KESC''), in resolution of the Administrative Complaint filed by 
    OFCCP pursuant to Executive Order 11246 (30 FR 12319), as amended by 
    Executive Order 11375 (32 FR 14303) and Executive Order 12086 (43 FR 
    46501) (``Executive Order''). The Administrative Complaint alleged that 
    Defendant violated the terms of a conciliation agreement which was 
    executed by Defendant KAC and OFCCP and which became effective on 
    November 20, 1991.
    
    Part A. General Provisions
    
        1. The record on the basis of which this Consent Decree is entered 
    shall consist of the Complaint and the Consent Decree and the 
    attachments thereto.
        2. Attachment A of the Consent Decree consists of the conciliation 
    agreement between OFCCP and KAC which became effective on November 20, 
    1991.
        3. This Consent Decree shall not become final until it has been 
    signed by the Administrative Law Judge, and the effective date of the 
    Decree shall be the date it is signed by the Administrative Law Judge.
        4. This Consent Decree shall be binding upon KAC and KESC and shall 
    have the same force and effect as an order made after a full hearing.
        5. All further procedural steps to contest the binding effect of 
    the Consent Decree, and any right to challenge or contest the 
    obligations entered into in accordance with the agreement contained in 
    this Decree, are waived by the parties.
        6. Subject to the performance of all duties and obligations 
    contained in this Consent Decree, all alleged violations identified in 
    the Administrative Complaint shall be deemed fully resolved. However, 
    nothing herein is intended to relieve Defendants from compliance with 
    the requirements of the Executive Order, or its regulations, nor to 
    limit OFCCP's right to review Defendants' compliance with such 
    requirements, subject to Defendants' rights set forth in paragraph 17b 
    of this agreement.
        7. Defendants agree that there will be no retaliation of any kind 
    against any beneficiary of this Consent Decree, or against any person 
    who has provided information or assistance in connection with this 
    Decree.
    
    Part B. Jurisdiction and Procedural History
    
        8. In its initial compliance review of KAC, OFCCP identified 
    violations of the Executive Order 11246 and its regulation by KAC at 
    its Niagara Falls office.
        9. On November 20, 1991, OFCCP and KAC entered into a conciliation 
    agreement.
        10. The conciliation agreement required KAC to notify outreach 
    groups of available employment opportunities. KAC failed to issue such 
    notification.
        11. In addition, the conciliation agreement obligated KAC to submit 
    two annual reports to OFCCP so that OFCCP could monitor the company's 
    compliance with the terms of the conciliation agreement in its Niagara 
    Falls office. KAC failed to timely submit such reports.
    
    Part C. Specific Provisions
    
    1. Debarment Period
    
        12. The Office of Administrative Law Judges shall retain 
    jurisdiction in this case for a period of nine (9) months 
    [[Page 2993]] from the effective date of this Consent Decree.
        13. a. KAC and Kimmins Industrial Service Corporation (``KISC'') 
    agree not to bid for or enter into future Government contracts or 
    subcontracts for a period of 180 days from the effective date of this 
    Consent Decree.
        b. ThermoCor Kimmins (``TK'') agrees not to bid on federal or 
    federally assisted demolition or asbestos abatement contracts for a 
    period of 180 days from the effective date of this Consent Decree. It 
    may, however, continue to bid on federal or federally assisted 
    contracts which are for remediation of hazardous waste or 
    contamination.
        14. Notice of the debarment shall be printed in the Federal 
    Register. In addition, OFCCP shall notify the Comptroller General of 
    the United States General Accounting Office and all Federal Contracting 
    Officers that KAC and KISC are ineligible for the award of any 
    Government contracts or subcontracts. TK shall be ineligible for 
    bidding on the type of contracts noted above in paragraph 13b. The 
    notice in the Federal Register shall read, with respect to TK, 
    ``Limited to demolition and asbestos abatement; hazardous waste and 
    contamination work permitted.''
        15. The debarment shall be lifted at the conclusion of the 180-day 
    period if KAC, KISC and TK satisfy the Director of OFCCP that they are 
    in compliance with the Executive Order 11246 and its implementing 
    regulations. Such consent to lifting the debarment shall not be 
    unreasonably withheld.
        16. In order to satisfy the Director of OFCCP that they are in 
    compliance with the Executive Order and its implementing regulations, 
    KAC, KISC and TK must accomplish each of the following regarding the 
    Niagara Falls, New York, office:
        a. KAC, KISC and TK must agree to list all employment opportunities 
    within the eight Western New York counties with the New York State 
    Employment Service.
        b. KAC, KISC and TK must provide timely notification to female 
    recruitment sources when they have an employment opportunity. KAC, KISC 
    and TK provided OFCCP with a list of female recruitment sources on 
    December 12, 1994, in fulfillment of their obligations under the 
    conciliation agreement. KAC, KISC and TK must contact these sources 
    when an opening is available in the eight Western New York counties.
        c. KAC, KISC and TK agree to provide five (5) successive reports to 
    the OFCCP Buffalo Office, 6 Fountain Plaza, Suite 300, Buffalo, New 
    York, 14202. Each report will include the following:
        1. List for the laborer craft the number of openings in the eight 
    Western New York counties during the reporting period.
        2. List for the laborer craft the total number of applications and 
    the number of female applications received in each reporting period 
    within the eight Western New York counties.
        3. Verification for the laborer craft that the above openings were 
    referred to the New York State Employment Service and the female 
    recruitment sources outlined in 16 a. and b. above in each reporting 
    period.
        4. List for the laborer craft the total number of hires and the 
    number of female hires in each reporting period in the eight Western 
    New York counties.
        5. The reports will be due on the dates specified below and will 
    cover the periods specified. Each report will be due on the dates 
    designated for the five successive reports.
    
    ------------------------------------------------------------------------
                                                 Period covered     Date due
    ------------------------------------------------------------------------
    First report.............................    12/25/94-1/28/95     2/6/95
    Second report............................      1/29/95-3/4/95    3/13/95
    Third report.............................       3/5/95-4/8/95    4/17/95
    Fourth report............................       4/9/95-5/6/95    5/15/95
    Fifth report.............................       5/7/95-6/3/95    6/12/95
    ------------------------------------------------------------------------
    
        17. In order to satisfy the Director of OFCCP that it is in 
    compliance with the Executive Order and its implementing regulations, 
    KESC and its existing or newly created subsidiaries agree to accomplish 
    each of the following:
        a. They will not bid on a federal or federally assisted demolition 
    or asbestos abatement contract for the period of debarment. However, it 
    is understood that this will not preclude Kimmins Contracting 
    Corporation from bidding or performing federal or federally assisted 
    demolition contracts in the state of Florida. It is further understood 
    that subsidiaries of KESC, other than KAC and KISC, will not be 
    precluded from bidding on federal or federally assisted contracts which 
    are for dismantling for resale or rebuilding, and not demolition or 
    asbestors abatement.
        b. Kimmins International Corporation agrees to withdraw the 
    litigation pending before the Untied States District Court for the 
    Eastern District of Virginia in Case No. 94-CV-169. The withdrawal of 
    this lawsuit shall not be deemed to prejudice the rights of Kimmins 
    International, KAC, KISC, TK, KESC or any of its subsidiaries to 
    initiate future litigation alleging similar claims as those asserted in 
    the pending matter should OFCCP initiate enforcement proceedings 
    against KESC or any of its existing or newly created subsidiaries after 
    the effective date of this Consent Decree. This provision shall not, in 
    any way, preclude the Secretary of Labor from raising any defenses he 
    deems appropriate to any newly filed litigation.
        c. KESC will hire an EEO Director to assist its subsidiaries in 
    compliance with the Executive Order and its implementing regulations. 
    OFCCP will provide technical assistance to ensure compliance within the 
    180 debarment period provided herein.
        d. KESC and its current and newly created subsidiaries will file 
    five (5) successive reports with OFCCP listing all federal and 
    federally assisted projects on which it bid and the scope of such work. 
    The reports will be due as follows:
    
    ------------------------------------------------------------------------
                                                 Period covered     Date due
    ------------------------------------------------------------------------
    First report.............................    12/25/94-1/28/95     2/6/95
    Second report............................      1/29/95-3/4/95    3/13/95
    Third report.............................       3/5/95-4/8/95    4/17/95
    Fourth report............................       4/9/95-5/6/95    5/15/95
    Fifth report.............................       5/7/95-6/3/95    6/12/95
    ------------------------------------------------------------------------
    
        18. The Buffalo District Office shall review each of the reports 
    and shall determine whether there has been compliance with the terms of 
    this Consent Decree and the terms of the Executive Order and its 
    implementing regulations. OFCCP shall notify Defendants in writing, 
    within ten (10) days of receipt of each report, if there is a 
    deficiency. Defendants shall be given fifteen (15) days to rectify the 
    deficiency. If rectified within the fifteen (15) days, such deficiency 
    shall not be deemed a breach of this agreement. All mailing shall be 
    done by certified mail/return receipt.
        19. If OFCCP finds that there has been compliance with the terms of 
    this Consent Decree and with the terms of the Executive Order and its 
    implementing regulations, the debarment of KAC, KISC and TK shall be 
    lifted and such companies shall be free to enter into future Government 
    contracts and subcontracts. OFCCP will notify KAC, KISC and TK within 
    ten (10) days of the last report whether they will be reinstated. 
    Notice of the reinstatement shall be printed in the Federal Register 
    and shall be made to the Comptroller General of the General Accounting 
    Office and all Federal Contracting Officers. It is understood that 
    OFCCP may conduct an onsite review at the Niagara Falls, New York, 
    office or projects in the eight Western New York counties to ensure 
    [[Page 2994]] compliance with the Consent Decree and the Executive 
    Order. However, in no circumstances shall this review delay the 
    determination of lifting the debarment beyond the ten (10) day period 
    noted in this paragraph.
        20. If OFCCP finds that there has not been compliance with the 
    terms of the Consent Decree or with the terms of the Executive Order 
    and its implementing regulations, OFCCP will notify KAC, KISC, TK and 
    KESC within ten (10) days (after the twenty-five (25) day period noted 
    in paragraph 18, above) that the debarment shall not be lifted and 
    shall remain in effect until there is submission of three (3) 
    consecutive monthly reports which demonstrate compliance with the 
    Consent Decree, the Executive Order and its implementing regulations. 
    KAC, KISC, TK and/or KESC may file a motion with the Administrative Law 
    Judge for review of the Director's decision, and such companies may 
    request a hearing at which the sole issue will be whether there has 
    been compliance with the terms of this Consent Decree and the Executive 
    Order and its implementing regulations.
        21. Compliance, as used in this Consent Decree, shall mean that, 
    with regard to the Niagara Falls, New York, office, KAC, KISC an TK 
    have satisfied the provisions of Regulation 41 C.F.R. 60-4. In 
    addition, KAC will make a good faith effort to determine whether there 
    were available qualified female employees within the eight Western New 
    York counties who would have been employed as laborers at the Niagara 
    Falls location of KAC during the period of October 1, 1991 to October 
    1, 1993. KAC agrees to make such employees whole for lost wages they 
    would have received from KAC, less interim earnings, during such period 
    had they been employed by KAC. In order to be deemed qualified to work 
    for KAC, the employee must successfully complete the medical 
    examination required under OSHA 1926.58 and 1910.134, successfully pass 
    the company drug test, and shows that they had attended and 
    successfully passed Part 763 of the Asbestos Hazard Emergency Removal 
    Act with a grade of at least 70% and had received a state asbestos 
    license prior to or during the period of October 1, 1991, to October 1, 
    1993.
    
    Part D. Implementation and Enforcement of the Decree
    
        22. Jurisdiction, including the authority to issue any additional 
    orders or decrees necessary to effectuate the implementation of the 
    provisions of this Consent Decree, is retained by the Office of 
    Administrative Law Judges for a period of nine (9) months from the date 
    this Consent Decree becomes final, or until debarment is lifted, 
    whichever is earlier. If any motion is pending before the Office of 
    Administrative Law Judges nine (9) months from the date this Consent 
    Decree becomes final, jurisdiction shall continue beyond nine (9) 
    months and until such time as the pending motion is finally resolved.
        23. Enforcement proceedings for violation of this Consent Decree 
    may be initiated at any time after the 25-day period referred to in 
    Paragraph 18 has elapsed upon filing with the Court a motion for an 
    order of enforcement and/or sanctions. The hearing on the motion shall 
    relate solely to the issues of the factual and legal claims made in the 
    motion.
        24. Liability for violation of this Consent Decree shall subject 
    KAC, KISC and TK to possible sanctions set forth in the Executive Order 
    and its implementing regulations.
        25. If an application or motion for an order of enforcement or 
    clarification indicates by signature of counsel that the application or 
    motion is unopposed by the Plaintiff or KAC, KISC, TK and/or KESC as 
    appropriate, the application or motion may be presented to the Court 
    without hearing, and the proposed Order may be implemented immediately. 
    If an application or motion is opposed by any party, the party in 
    opposition shall file a written response within twenty (20) days of 
    service. The Office of Administrative Law Judges may, if it deems it 
    appropriate, schedule an oral hearing on the application or motion.
        26. This Consent Decree sets forth the complete agreement reached 
    by the parties, including the agreement that there shall be no 
    cancellation of any federal or federally assisted contracts or 
    debarment of any officers of the KAC, KISC, TK and KESC or its 
    subsidiaries.
        27. The Agreement, herein set forth, is hereby approved and shall 
    constitute the final Administrative Order in this case.
    
        It is so ordered, this 21st day of December, 1994.
    George P. Morin,
    Administrative Law Judge, U.S. Department of Labor.
        So agreed.
        On behalf of Kimmins Environmental Services Corporation.
    
        Dated: December 13, 1994.
    Edward A. Mackowiak,
    Vice President.
        On behalf of the Office of Federal Contract Compliance Programs.
    
        Dated: December 20, 1994.
    Thomas S. Williamson,
    Solicitor of Labor.
    James D. Henry,
    Associate Solicitor.
    Debra A. Millenson,
    Senior Trial Attorney.
    Gretchen M. Lucken,
    Attorney, U.S. Department of Labor, Room N-2464, 200 Constitution Ave., 
    N.W., Washington, D.C. 20210, (202) 219-5854.
        It is understood that each of the subsidiaries of KESC will sign 
    this consent decree in its own name and such signature page shall be 
    added to the consent decree.
        On behalf of Kimmins Abatement Corporation.
    
        Dated: December 14, 1994.
    Daniel Hoffner,
    Assistant Secretary.
        On behalf of Kimmins Industrial Services Corporation.
    
        Dated: December 14, 1994.
    Norman S. Dominiak,
    Treasurer.
        On behalf of Thermocor Kimmins, Inc.
    
        Dated: December 14, 1994.
    Thomas C. Andrews,
    President.
        On behalf of Kimmins International.
    
        Dated: December 13, 1994.
    Joseph M. Williams,
    Secretary.
        On behalf of Kimmins Contracting Corporation.
    
        Dated: December 13, 1994.
    John V. Simon, Jr.,
    President.
        On behalf of Transcor Waste Services, Inc.
    
        Dated: December 13, 1994.
    Francis M. Williams,
    President.
        On behalf of Kimmins Recycling Corp.
    Charles A. Baker, Jr.
    
    Attachment A--Conciliation Agreement Between U.S. Department of Labor, 
    Office of Federal Contract Compliance Programs and Kimmins Abatement 
    Co., 256 3rd Street, Niagara Falls, New York 14303
    
    Part I: General Provisions
    
        1. This Agreement is between the Office of Federal Contract 
    Compliance Programs (hereinafter OFCCP) and Kimmins Abatement Co. 256 
    3rd Street, Niagara Falls, New York 14303, (hereinafter Kimmins).
        2. The violations identified in this Agreement were found during a 
    compliance review of Kimmins which began on October 22, 1991 and they 
    were specified in a Notice of Violation issued October 31, 1991. OFCCP 
    alleges that Kimmins violated Executive Order 11246, as amended, and 
    implementing regulations at 41 CFR Chapter 60 due to [[Page 2995]] the 
    specific violations cited in Part II below.
        3. Subject to the performance by Kimmins of all promises and 
    representations contained herein and all named violations in regard to 
    the compliance of Kimmins with all OFCCP programs will be deemed 
    resolved. However, Kimmins is advised that the commitments contained in 
    this Agreement do not preclude future determinations of noncompliance 
    based on a finding that the commitments are not sufficient to achieve 
    compliance.
        4. Kimmins agrees that OFCCP may review compliance with this 
    Agreement. As part of such review, OFCCP may require written reports, 
    inspect the premises, interview witnesses, and examine and copy 
    documents, as may be relevant to the matter under investigation and 
    pertinent to Kimmins' compliance. Kimmins shall permit access to its 
    premises during normal business hours for these purposes.
        5. Nothing herein is intended to relieve Kimmins from the 
    obligation to comply with the requirements of Executive Order 11246, as 
    amended, and/or Section 503 of the Rehabilitation Act of 1973, as 
    amended, and/or the Vietnam Era Veterans' Readjustment Assistance Act 
    of 1974, as amended (38 U.S.C. 2012) and implementing regulations, or 
    any other equal employment statute or executive order or its 
    implementing regulations.
        6. Kimmins agrees that there will be no retaliation of any kind 
    against any beneficiary of this Agreement or against any person who has 
    provided information or assistance, or who files a complaint, or who 
    participates in any manner in any proceedings under Executive Order 
    11246, as amended, Section 503 of the Rehabilitation Act of 1973, as 
    amended, and/or the Vietnam Era Veterans' Readjustment Assistance Act 
    of 1974, as amended (38 U.S.C. 2012).
        7. This Agreement will be deemed to have been accepted by the 
    Government on the date of signature by the District Director for OFCCP, 
    unless the Regional Director, OFCCP indicates otherwise within 45 days 
    of the District Director's signature of this Agreement.
        8. If, at any time in the future, OFCCP believes that Kimmins has 
    violated any portion of this Agreement during the term of this 
    Agreement, Kimmins will be promptly notified of that fact in writing. 
    This notification will include a statement of the facts and 
    circumstances relied upon in forming that belief. In addition, the 
    notification will provide Kimmins with 15 days from receipt of the 
    notification to respond in writing, except where OFCCP alleges that 
    such delay would result in irreparable injury.
        Enforcement proceedings for violation of this Agreement may be 
    initiated at any time after the 15 days period has elapsed (or sooner, 
    if irreparable injury is alleged), without issuing a Show Cause Notice.
        Where OFCCP believes that Kimmins has violated this Conciliation 
    Agreement, evidence regarding the entire scope of Kimmins' alleged 
    noncompliance which gave rise to the Notice of Violations from which 
    this Conciliation Agreement resulted, in addition to evidence regarding 
    the Kimmins' alleged violation of the Conciliation Agreement, may be 
    introduced at enforcement proceedings.
        Liability for violation of this Agreement may subject Kimmins to 
    sanctions set forth in Section 209 of the Executive Order, and/or other 
    appropriate relief.
    
    Part II: Specific Provisions
    
        1. Violation: Kimmins failed to demonstrate good faith efforts 
    towards increased female employment, as required by 41 CFR 60-4.3(a), 7 
    b, c, and i, in the following craft(s):
    
    ------------------------------------------------------------------------
                                        Goal (%)           Utilization (%)  
                Craft            -------------------------------------------
                                   Minority    Female    Minority    Female 
    ------------------------------------------------------------------------
    Laborer.....................        7.7        6.9       12.0        0.0
    ------------------------------------------------------------------------
    
        Remedy: Kimmins accomplished the following:
        a. On October 22, 1991, Kimmins established and shall maintain a 
    current list of minority and female recruitment sources, provide 
    written notification to minority and female recruitment sources and to 
    community organizations when it or its unions have employment 
    opportunities available, and maintain a record of the organizations' 
    responses, as required by 41 CFR 60-4.3(a) 7b.
        b. On October 22, 1991, Kimmins developed and shall continuously 
    maintain, a current file of names, addresses, and telephone numbers of 
    each minority and female off-the-street applicant, and minority or 
    female referral from a union, recruitment source or community 
    organization, and what action taken with respect to each individual. If 
    such individual was sent to a union hiring hall for referral and was 
    not referred back to the Contractor, by the union or, if referred, not 
    employed by the Contractor, this shall be documented in the file with 
    the reason therefore, along with whatever additional actions the 
    Contractor may have taken, as required by 41 CFR 60-4.3(a) 7c.
        c. On October 22, 1991, Kimmins agreed to direct its recruitment 
    efforts, both oral and written, to minority, female and community 
    organizations, to schools with minority and female students and to 
    minority and female recruitment and training organizations serving 
    Kimmins recruitment area and employment needs, as required by 41 CFR 
    60-4.3(a) 7j.
        2. Violation: Kimmins failed to maintain and submit the Monthly 
    Employment Utilization Reports (CC-257) to OFCCP and to record its 
    employment utilization completely, accurately, and in a timely manner, 
    as required by 41 CFR 60-1.4(b)5.
        Remedy: On October 22, 1991, Kimmins began and will continue to 
    maintain and submit Monthly Employment Utilization Reports (CC-257) to 
    OFCCP by the 5th of each month for the preceding month, and record its 
    employment utilization completely, accurately, and in a timely manner, 
    as required by 41 CFR 60-1.4(b)5.
        Kimmins agrees to ensure that violations 1 and 2 listed above will 
    not recur.
    
    Part III: Reporting
    
        Kimmins agrees to furnish OFCCP, U.S. Department of Labor, 220 
    Delaware Avenue, 609 Jackson Building, Buffalo, New York 14202 with the 
    following reports:
        1. Copies of letters sent to minority and female recruitment 
    sources when it or its unions have opportunities available and copies 
    of the organizations responses.
        2. A copy of their applicant log for minorities and females.
        3. Copies of letters sent to minority/female recruitment sources 
    and community organizations providing notice of apprentice and training 
    program opportunities.
        4. Any other relevant documentation the contractor has to 
    substantiate that each enumerated item in this agreement is being, and 
    continues to be fulfilled. [[Page 2996]] 
        The documentation will be submitted annually as follows:
    
    ------------------------------------------------------------------------
                      Covered period                       Report due date  
    ------------------------------------------------------------------------
    Oct. 1, 1991-Sep. 30, 1992........................  Nov. 1, 1992.       
    Oct. 1, 1992-Sep. 30, 1993........................  Nov. 1, 1993.       
    ------------------------------------------------------------------------
    
        All support documentation and records pertinent to the violations 
    resolved by the Conciliation Agreement and submitted to OFCCP shall be 
    retained until the expiration of the Conciliation Agreement or 
    consistent with regulatory requirements (41 CFR 60-3.15) whichever is 
    later.
        This Conciliation Agreement shall remain in full force and effect 
    until such time as Kimmins is notified by OFCCP that it has met all of 
    the terms of this Agreement or for two (2) years following its 
    execution by the District Director, whichever comes first.
    
    Part IV: Signatures
    
        This Conciliation Agreement is hereby executed by and between the 
    Office of Federal Contract Compliance Programs and Kimmins Abatement 
    Co.
        Dated: November 19, 1991.
    Michael O'Brien,
    Regional Manager, Kimmins Abatement Co., 256 3rd Street, Niagara Falls, 
    NY 14303.
        Dated: November 20, 1991.
    Mary Ellen Bentivogli,
    Asst. District Director, Buffalo District Office.
        Dated: November 20, 1991.
    Allan Cecchini,
    Compliance Officer, Buffalo District Office.
        Dated: November 20, 1991.
    Garland Sweeney,
    District Director, Buffalo District Office.
    
    Service Sheet
    
        Case Name: Kimmins Abatement Corporation and Kimmins Environmental 
    Services Corp.
        Case Number: 94-OFC-20.
        Title of Document: Consent Decree.
        I hereby certify that on December 21, 1994 a copy of the above-
    entitled document was mailed to the following parties:
    Laura Ann Brown,
    Legal Technician.
    
    Certified Mail
    
    Director, Office of Administrative Appeals, U.S. Department of Labor, 
    Room S-4309, 200 Constitution Avenue, NW, Washington, DC 20210
    Robert Reich, Secretary of Labor, U.S. Department of Labor, Room S-
    2018, 200 Constitution Avenue, NW, Washington, DC 20210
    Gretchen M. Luken, Esq., U.S. Department of Labor, Office of the 
    Solicitor, 200 Constitution Ave., NW, Room N-2464, Washington, DC 20210
    Robert A. Doren, Esq., Flaherty Cohen Grande Randazzo Doren P.C., Suite 
    210, Firstmark Building, 135 Delaware Avenue, Buffalo, NY 14202
    Josephine A. Greco, Esq., Offermann, Cassano, Pigott & Greco, 1776 
    Statler Towers, Buffalo, NY 14202-3090
    
    Regular Mail
    
    Office of Federal Contract Compliance Programs, U.S. Department of 
    Labor, Room C-3325, FPB, 200 Constitution Avenue, NW, Washington, DC 
    20210
    Associate Solicitor, Civil Rights Division, U.S. Department of Labor, 
    Room N-2464, FPB, 200 Constitution Avenue, NW, Washington, DC 20210
    Patricia M. Rodenhausen, Esq., Regional Solictor, Office of the 
    Solicitor, U.S. Department of Labor, 201 Varick Street, Room 707, New 
    York, NY 10014-4811
    Solicitor of Labor, Office of the Solicitor, U.S. Department of Labor, 
    Room S-2002, FPB, 200 Constitution Avenue, NW, Washington, DC 20210
    Special Counsel to the Assistant Secretary of Labor, U.S. Department of 
    Labor, Employment & Training Admin., Room N-4671, 200 Constitution 
    Avenue, NW, Washington, DC 20210
    President, Kimmins Abatement Corporation, 256 Third Street, Niagara 
    Falls, NY 14303
    Garland Sweeney, District Director, U.S. Department of Labor, 
    Employment Standards Admin., Office of Federal Contract Compliance 
    Programs, 6 Fountain Plaza, Suite 300, Buffalo, NY 14202
    Francis Williams, Chief Executive Officer, Kimmins Environmental 
    Services Corporation, 1501 Second Avenue, Tampa, FL 33605
    Harry Anbarlian, Acting Regional Director, U.S. Department of Labor, 
    Employment Standards Admin., Office of Federal Contract Compliance 
    Programs, 201 Varick Street, Room 750, New York, NY 10014
    
    [FR Doc. 95-747 Filed 1-11-95; 8:45 am]
    BILLING CODE 4510-27-M
    
    

Document Information

Published:
01/12/1995
Department:
Federal Contract Compliance Programs Office
Entry Type:
Notice
Action:
Notice of Debarment, Kimmins Abatement Corporation.
Document Number:
95-747
Pages:
2992-2996 (5 pages)
PDF File:
95-747.pdf