HomeMy WebLinkAboutItem 13 - Off Duty Law EnfocrementITEM
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER
MEETING DATE: MARCH 28, 2000
SUBJECT: CONTRACT WITH U. S. ARMY CORPS OF ENGINEERS
FOR OFF-DUTY LAW ENFORCEMENT
RECOMMENDATION:
City Council to consider authorizing the City Manager and the Chief of Police to enter
into a contract with the U. S. Army Corps of Engineers for off-duty law enforcement.
FUNDING SOURCE:
Account: 100-33200-000-0 Amount $39,166.56
BACKGROUND INFORMATION:
The U. S. Army Corps of Engineers has for the past 15 years contracted with the City
of Grapevine for off-duty officers to patrol those areas of the lake not leased by the
City. This contract is fully funded by the U. S. Army Corps of Engineers for six
months (April through September) each year during peak use of the lake within our city
limits. This contract is for three days (Friday, Saturday and Sunday) per week and
holidays at12 hours per day, with the exception of the month of April, which will be
worked on Saturday and Sunday only.
RDW/ct
PDLAKEPATROL
March 22, 2000 9:03AM
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
GRAPEVINE PROJECT OFFICE
~110 FAIRWAY DRIVE
GRAPEVINE, TEXAS 76051-3495
March 6, 2000
Grapevine Police Department
307 W. Dallas Road
Grapevine, Tx. 76051
Dear Chief Wilkins,
The enclosed Cooperative Agreement for Additional Law
Enforcement Services, Tarrant County, Grapevine Lake, Texas
initiates an Agreement No. COOPLAW-00-GRAPE between the City of
Grapevine and the U.S. Army Corps of Engineers. This agreement
is for the provision of additional law enforcement services from
1 April 2000 through 24 September 2000 for a sum not to exceed
$39,166.56.
If the agreement is satisfactory, please sign both copies
keeping one for your records, and returning the other to the U.S.
Army Corps of Engineers office at Grapevine Lake.
Sincerely,
Enclosure
CF:
CESWF-OD-M
CESWF-RM
60513
A00061
00639138
39,166.56
Charles L. rger
Park Manager
EXCELLENCE4C BY DESIGN
1950 VIAS 1990
RESUME OF NEGOTIATIONS
PROPOSED LAW ENFORCEMENT SERVICES AGREEMENT
NO. COOPLAW-00GRAPE
CITY OF GRAPEVINE
On 4 January 2000 Park Ranger Jennifer Linde contacted the
Administrative Assistant to Grapevine Chief of Police Dale Wilkins,
Sherry Hendricks, regarding the requirements for the renewal of the
Law Enforcement Contract for 2000. Based on an evaluation of visitor
patterns and use tendencies it was decided that the scheduling of
patrols would remain the same as in past seasons with the exception of
additional holiday hours on July 3, 2000.
Ms. Linde informed Ms. Hendricks that the number of hours for 2000
would be 1062 hours. On 4 January 2000 Ms. Hendricks notified Ms.
Linde that the hourly wage rate for 2000 is as follows:
Labor/Manhour. . . . . 33.46
Vehicle/manhour . . 2.65
Overhead . . . . . 0.77
TOTAL $36.88
These figures were found to be within the wage rate requirements
issued for this contract. The proposed cost for 1062 hours at the
rate of $36.88 is $39166.56. This schedule and cost is considered to
be fair and reasonable to both parties involved in the proposed law
enforcement agreement. Approval of this is recommended.
61'4't 2C)O0
Charles L. _B0 err Date
Reservoir Manager
�17
Dale Wilkins Date
Chief of Police
APPENDIX A
1. The cooperator agrees to provide law enforcement services for that
part of Grapevine Lake Project lying within the limits of the City of
Grapevine, Texas, for the purpose of enforcement of State and local
criminal and civil laws. Standard surveillance will include vehicular
patrol by the cooperator of the interior roads of Rockledge Park,
Silver Lake Park (except the Golf Course lease area and the Silverlake
Day Use Area located off of Fairway Drive, which is colloquially known
as -Silverlake By the Dam" and is now leased to Marinas
International), Oak Grove Park (except the City of Grapevine lease
area), and Meadowmere Park (except the City of Grapevine lease area).
In addition, all interior roads, shoreline accesses, and lake waters
of all U.S. Government property (excluding city lease areas) within
the city limits of the City of Grapevine will be included in the
patrol area.
2. (a) Reimbursement for law enforcement services shall be limited to
those services specifically identified in the contract as stated in
paragraph 3.
(b) State and local law enforcement agencies generally have the
same authority and responsibilities on Corps administered lands and
waters as they do elsewhere in their respective jurisdictions.
Because of this, requests by the District Commander or his authorized
representative for emergency or unanticipated law enforcement
assistance will be considered non -reimbursable.
3. The cooperator agrees to provide reimbursable law enforcement
services in the areas described in Paragraph 1 during the time period
between the effective dates of 3 April 1999 and 26 September 1999, in
accordance with the following schedule:
(a) PATROL SCHEDULE - Patrol of the areas in paragraph 1 shall be
as follows:
VESSELS/
if"DAY OF WEEK TIME OF DAY HOURS VEHICLES OFFICE.
Friday
1400
- 0200
12
Saturday
1400
- 0200
12
Sunday 1400 - 0200 12
1600 - 2200 6
Holidays on 1400 - 0200 12
29 May, 4 July, 1600 - 2200 6
and 4 Sept 2000
July 3, 2000 1800 - 2400 6 1 1
(April only schedule: 1400-0200, Saturday and Sunday).
NOTE: Deviations from the above schedule may be required to allow for
special situations that may arise during the contract period. Any
deviations shall be mutually agreed upon in advance by both the
Government and the City and in no event shall the total manhours
specified in the contract be exceeded.
(b) Patrols shall start on 1 April 2000 or on the first scheduled
day after approval of this modification, whichever is later, and shall
be provided for a total of 1,062 manhours through 24 September 2000,
in accordance with the above patrol schedule.
4. The cost per manhour for the provision of law enforcement services
described in paragraph 3 will he $ 36.88. The costs for labor,
utilization, operation, maintenance and repair of equipment and
supplies used in performing the reimbursable services are listed as
follows:
Labor/manhour - $33.46,
Vehicle/manhour - $ 2.65
Overhead (S/A) - � .77
TOTAL - $36.8.8
5. When requested by the Corps of Engineers representative, the
cooperator agrees to dispatch an officer, within his manpower
capabilities, to unforseen or emergency situations. This assistance
will be considered non -reimbursable.
Z'
6. The cooperator will prepare a Daily Law Enforcement Log in
accordance with the attached format. The log will be completed daily
and submitted at the close of each week to the Corps of Engineers
representative listed in paragraph 8 of this plan.
7. The cooperator will provide the Corps of Engineers representative
designated in paragraph 8 a request for payment for reimbursable
services performed each month. The request for payment will include
total charges (including cost of utilization, operations, maintenance
and repair of equipment and supplies), number of hours involved, and
starting and ending dates of billing period. The request for payment
will be submitted no later than 5 calendar days after the close of the
reporting month. Total cost of reimbursable services during tenure of
the contract may not exceed $39,166.56. The following individuals
are designated to issue and receive requests for reimbursable law
enforcement services under the contract:
8.Corps of Engineers Representative Address/Phone
Charles L. Burger, Reservoir Manager Grapevine Lake
110 Fairway Drive
Grapevine, Texas 76051
Phone 817/481-4541
Police Department Representative Address/Phone
Dale Wilkins, Chief of Police Grapevine Police Dept.
Grapevine, Texas 76051
9. All contract personnel shall wear uniforms normally worn by the
law enforcement agency.
10. All patrol vehicles/vessels shall have standard insignia and
markings normally used by the law enforcement agency. Patrol
vehicles/vessels shall also be equipped with standard law enforcement
type lights, radios, and any other standard equipment necessary to
perform the required services. The cooperator shall be responsible
for all vehicle/vessel costs, including insurance, fuel, service and
t%maintenance, and any other costs associated with the operation of the
141-"
vehicle/vessel.
11. The services performed by the contract law enforcement agency
under provisions of this contract shall be subject to inspection by
the Contracting officer or his designated representative to insure
strict compliance with the terms of the contract. If for any reason
the cooperator fails to provide or satisfactorily perform the services
as specified, the Government reserves the right to terminate the
contract.
12. An appropriate orientation for all contract law enforcement
personnel will be conducted by the Corps of Engineers (Reservoir
Manager) to familiarize the cooperator with policies and procedures of
the Corps, and to familiarize Corps personnel with the functions and
duties of the local law enforcement contracting agency.
le COOPERATIVE AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
GRAPEVINE, TEXAS
FOR
THE PROVISION OF ADDITIONAL LAW ENFORCEMENT SERVICES
(Agreement No. COOPLAW-00GRAPE)
This agreement, entered into by the U.S. Army Corps of Engineers,
Fort Worth District (hereinafter referred to as the Corps) and
the city of Grapevine, Texas (hereinafter referred to as the
Cooperator), witnesseth that:
WHEREAS, the construction of Grapevine Lake (hereinafter called
the "Project") was authorized by the River and Harbor Act, Public
Law 14, 79th Congress, First- Session, approved 2 March 1945,
and the provision of recreation resources in Tarrant County was
authorized by Section 4 of the Flood Control Act approved 22
December 1944 (Public Law 534, 78th Congress, Second Session);
and
WHEREAS, it is the responsibility of the Corps, in administering
the Project lands, to provide the public with safe and healthful
recreational opportunities; and
WHEREAS, the Cooperator has the authority to enforce the state
and local laws for the City of Grapevine on such lands, and
WHEREAS, Section 120 of the Water Resources Development Act of
1976 (Public Law 94-587) authorizes the Corps to contract with
states and their political subdivisions for the purpose of
obtaining increased law enforcement services on project lands to
meet needs during peak visitation periods; and
WHEREAS, it is in the best interests of the Corps to obtain the
assistance of the Cooperator in the enforcement of state and
local laws on project lands.
NOW, THEREFORE, the parties hereto mutually agree as follows:
Article 1. Plan of operation.
(a) The Corps and the Cooperator have agreed to a Plan of
Operation which describes the scope and extent of law enforcement
services to be provided by the Cooperator in accordance with this
agreement. Such Plan of Operation, as concurred in by the
Cooperator, is attached hereto as Appendix A and made a part
hereof.
(b) It is recognized and understood that the Corps and the
Cooperator may, at the request of either, renegotiate the Plan of
Operation. The renegotiated Plan of operation shall, upon
written acceptance thereof by both parties, supersede Appendix A.
Article 2. obligations of the Cooperator.
(a) The Cooperator agrees to furnish additional law enforcement
services as follows:
(1) Normal, emergency, or unanticipated enforcement of civil
and criminal laws of the state and local jurisdiction on Project
lands and waters without claim for reimbursement under this
agreement. This agreement does not diminish or otherwise limit
the existing law enforcement responsibilities of state or local
law enforcement agencies.
(2) The enforcement of the civil and criminal laws of the
state and applicable local laws on project lands in accordance
with the schedules and duties described in the Plan of operation,
with payment by the Corps in accordance with Article 3 of this
agreement.
(b) The Cooperator agrees to provide personnel, equipment, and
supplies which are required in order to provide the law
enforcement services requested by the Corps in accordance with
subparagraph (a) above.
(c) The Cooperator agrees to prepare a Daily Enforcement Log of
a format provided or approved by the Corps and to submit this log
to the Corps at least once a month throughout the effective
period of the current Plan of Operation.
(d) The Cooperator agrees to assign only those personnel who are
qualified and trained pursuant to the requirements of state and
local laws and regulations to undertake the law enforcement
services to be provided under Article 2(a)(2). Where state and
local standards for the qualifications of law enforcement
personnel do not exist, the Cooperator will advise the Corps of
the experience, qualifications and training of those personnel
expected to be assigned law enforcement duties under this
agreement and assign such duties to them only with the approval
of the Corps.
Article 3. Obligation of the Government. Subject to the
availability of funds, the Corps agrees to pay the Cooperator for
the total cost of the law enforcement services to be provided in
accordance with the obligations agreed to be undertaken by the
Cooperator in Article 2(a)(2), including the costs of operation
and maintenance of such equipment as is required for the
provision of such services identified in the Plan of operation
under Article 1. At the request of the Cooperator, partial
payments may be made as the law enforcement services are
performed based on billings as identified in the Plan of
Operation under Article 1 and approved by the Corps.
Article 4. Period of Services. The period of this agreement
shall be from the date of execution until terminated by mutual
agreement, or on written notice from either party to the other,
as set forth in Articles 6 and 10.
Article 5. Disputes (Dec. 1991)FAR 52.233-0001.
(a) This contract is subject to the Contract Disputes Act of
1978, as amended (41 U.S.C. 601-613).
(b) Except as provided in the Act, all disputes arising under or
relating to this contract shall be resolved under this clause.
(c) "Claim," as used in this clause, means a written demand or
written assertion by one of the contracting parties seeking, as a
matter of right, the payment of money in a sum certain, the
adjustment or interpretation of contract terms, or other relief
arising under or relating to this contract. A claim arising
under a contract, unlike relating to that contract, is a claim
that can be resolved under a contract clause that provides for
the relief sought by the claimant. However, a written demand or
written assertion by the contractor seeking the payment of money
exceeding $50,000 is not a claim under the Act until certified as
required by subparagraph (d) (2) below. A Voucher, invoice, or
other routine request for payment that is not in dispute when
submitted is not a claim under the Act. The submission may be
converted to a claim under the Act, by complying with the
submission and certification requirements of this clause, if it
is disputed either as to liability or amount or is not acted upon
in a reasonable time.
(d)(1) A claim by the contractor shall be made in writing and
submitted to the Contracting officer for a written decision. A
claim by the Government against the Contractor shall be subject
to a written decision by the Contracting Officer.
(2) For Contractor claims exceeding $50,000, the Contractor
shall submit with the claim a certification that -
(i) The claim is made in good faith;
(ii) Supporting data are accurate and complete to the best
of the Contractor's knowledge and belief; and
(iii) The amount requested accurately reflects the
contract adjustment for which the contractor believes the
Government is liable.
(3) (i) If the Contractor is an individual, the
certification shall be executed by that individual.
(ii) If the Contractor is not an individual, the
certification shall be executed by -
(A) A senior company official in charge at the
contractor's plant or location involved; or
(9) An officer or general partner of the Contractor
having overall responsibility for the conduct of the Contractor's
affairs.
(e) For Contractor claims of $50,000 or less, the Contracting
Officer must, if requested in writing by the Contractor, render a
decision within 60 days of the request. For Contractor -certified
claims over $50,000, the Contracting officer must, within 60
days, decide the claim or notify the Contractor of the date by
which the decision will be made.
(f) The Contracting officer's decision shall be final unless the
Contractor appeals or files a suit as provided in the Act.
(g) At the time a claim by the Contractor is submitted to the
Contracting officer or a claim by the Government is presented to
the Contractor, the parties, by mutual consent, may agree to use
alternative means of dispute resolution. When using alternated
dispute resolution pro cedures, any claim, regardless of amount,
shall he accompanied by the certification described in paragraph
(d) (2) of this clause, and executed in accordance with paragraph
(d) (3) of this clause.
(h) The Government shall pay interest on the amount found due
and unpaid from (1) the date the contracting Officer receives the
claim (Properly certified if required), of (2) the date payment
otherwise would be due, if that date is later, until the date of
payment. Simple interest on claims shall be paid at the rate,
fixed by the Secretary of the Treasury as provided in the Act,
which is applicable to the period during which the Contracting
Officer receives the claim and then at the rate applicable for
each 6 -moth period as fixed by the Treasury Secretary during the
pendency of the claim.
(i) The Contractor shall proceed diligently with performance of
this contract, pending final resolution of any request for
relief, claim, appeal, or action arising under the contract, and
comply with any decision of the Contracting Officer.
Article 6. Default. In the event that either party to this
agreement fails to meet any of its obligations hereunder, the
other party may immediately terminate the whole or any part of
this agreement. Such termination shall be effected by written
notice of either party to the other.
Article 7. Exclusion of Federal Employee Benefits. It is
understood and agreed that the services to be provided by the
Cooperator and its employees shall not be considered to fall
within the scope of Federal employment, that the Cooperator and
its employees shall not be considered as agents or employees of
the Federal government, and that none of the benefits of Federal
employment will be conferred under the terms of this agreement.
Article 8. Release of. - Claim . The Cooperator agrees to hold and
save the Corps, its officers, agents or employees, harmless from
liability of any nature or kind, for or on account of any claims
for damages that may arise during the performance of the law
enforcement services by the Cooperator under this agreement.
Article 9. Transfer or Assignment. The Cooperator shall not
transfer or assign this agreement, nor any rights acquired
thereunder, nor grant any interest, privilege, or license
whatsoever in connection with this agreement without the approval
of the Corps.
Article 10. Termination for Convenience. The Corps or
Cooperator may, on 30 days written notice, terminate this
agreement, in whole or in part, when it is in the best interests
of either party. if this agreement is so terminated, the Corps
shall be ' liable only for payment in accordance with the payment
provisions of this agreement for services rendered prior to the
effective date of termination.
Article 11. Egual Opportunity (Apr. 1984)FAR 52.222-0026.
(a) If, during any 12 -month period (including the 12 months
preceding the award of this contract), the Contractor has been or
is awarded nonexempt Federal contracts and/or subcontracts that
have an aggregate value in excess of $10,000, the Contractor
shall comply with subparagraphs (b)(1) through (11) below. Upon
request, the Contractor shall provide information necessary to
determine the applicability of this clause.
(b) During performing this contract, the Contractor agrees as
follows:
(1) The Contractor shall not discriminate against any
employee or applicant- for employment because of race, color,
religion, sex, or national origin.
(2) The Contractor shall take affirmative action to ensure
that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion,
sex, or national origin. This shall include, but not be limited
to (i) employment, (ii) upgrading, (iii) demotion, (iv)
transfer, (v) recruitment or recruitment advertising, (vi)
layoff or termination, (vii) rates of pay or other forms of
compensation, and (viii) selection for training, including
apprenticeship.
(3) The Contractor shall post in conspicuous places available
to employees and applicants for employment the notices to be
provided by the Contracting Officer that explain this clause.
(4) The contractor shall, in all solicitations or
advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, sex, or national origin.
(5) The Contractor shall send, to each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract or understanding, the
notice to be provided by the Contracting Officer advising the
labor union or workers' representative of the Contractor's
commitments under this clause, and post copies of the notice in
conspicuous places available to employees and applicants for
employment.
(6) The Contractor shall comply with Executive Order 11246,
as amended, and the rules, regulations, and order of the
Secretary of Labor.
(7) The Contractor shall furnish to the contracting agency
all information required by Executive Order 11246, as amended,
and by the rules, regulations , and orders of the Secretary of
Labor. Standard Form 100 (EEO -1), or any successor form, is the
prescribed form to be filed within 30 days following the award,
unless filed within 12 months preceding the date of award.
(8) The Contractor shall permit access to its books,
-records, and accounts bLL,r the contracting agency or the office of
Federal Contract Compliance Programs (OFCCP) for the purposes of
investigation to ascertain the Contractor's compliance with the
applicable rules, regulations, and orders.
(9) If the OFCCP determines that the Contractor is not in
compliance with this clause or any rule, regulation, or order of
the Secretary of Labor, this contract may be canceled,
terminated, or suspended in whole or in part and the Contractor
may be declared ineligible for further Government contracts,
under the procedures authorized in Executive Order 11246, as
amended. In addition, sanctions may be imposed and remedies
invoked against the Contractor as provided in Executive Order
11246, as amended, the rules, regulations, and orders of the
Secretary of Labor, or as otherwise provided by law.
(10) The Contractor shall include the terms and conditions
of subparagraph (b)(1) through (11) of this clause in every
subcontract or purchase order that is not excepted by the rules,
regulations, or orders of the Secretary of Labor issued under
Executive Order 11246, as amended, so that these terms and
conditions will be binding upon each subcontractor or vendor.
(11) The Contractor shall take such action with respect to
any subcontract or purchase order as the contracting agency may
direct as a means of enforcing these terms and condition,
including sanctions for noncompliance; provided, that if the
Contractor becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of any direction, the
Contractor may request the United States to enter into the
litigation to protect the interests of the United States. (c)
Notwithstanding any other clause in this contract, disputes
relative to this clause will be governed by the procedures in 41
CFR 60-1.1.
Article 12. Gratuities (Apr.1984)FAR 52.203-0003).
(a) The right of the Contractor to proceed may be terminated by
written notice if, after notice and hearing, the agency head or a
designee determines that the Contractor, its agent, or another
representative -
(1) Offered or gave a gratuity (e.g., an entertainment or
gift) to an officer, official, or employee of the Government; and
(2) Intended, by the gratuity, to obtain a contract or
favorable treatment under a contract.
(b) The facts supporting this determination may be reviewed by
any court having lawful jurisdiction.
(c) If this contract is terminated under paragraph (a) above,
the Government is entitled -
(1) To pursue the same remedies as in a breach of the
contract; and
(2) In additio-11 --o any other damages provided by law, to
exemplary damages of not less than 3 nor more than 10 times the
cost incurred by the Contractor in giving gratuities to the
person concerned, as determined by the agency head or a designee.
(This subparagraph (c)(2) is applicable only if this contract
uses money appropriated to the Department of Defense.)
(d) The rights and remedies of the Government provided in this clause
shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this contract.
Article 13. Examination of Records by Comptroller General. The
Cooperator agrees that the Comptroller General of the United States or
any of his duly authorized representatives shall, until the expiration
of three years after final payment under this agreement or such less
time specified in Appendix M of the Defense Acquisition Regulation have
access to and the right to examine any directly pertinent books,
documents, papers, and records of the Cooperator involving transactions
related to this agreement.
Article 14. Audit by Department of Defense. Upon request, the
Cooperator shall provide, and the Corps shall have the right to
examine, books, records, documents, and other evidence of accounting
procedures and practices, sufficient to reflect properly all direct and
indirect costs of whatever nature claimed to have been incurred and
anticipated to be incurred for the performance of this agreement.
Article 15. Service Contract Act of 1965 (As Amended) (may 1989) FA
-
52 .2220041.
(a) This cooperative agreement is subject to the following provisions
and all other provisions of the Service Contract Act of 1965, as
amended. Each service employee employed in the performance of this
contract shall be paid not less than the prevailing wage rates and
fringe benefits of the cooperator for the locale in which the work is
being performed.
(b) Records. The cooperator and each subcontractor performing work
subject to the Act shall make and maintain for 3 years from the
completion of the work, and make them available for inspection and
transcription by authorized representatives of the Wage and Hour
Division Employment Standards Administration, a record of the following
for each employee subject to the Act:
(1) Name and address and social security number;
(2) Correct work classification or classifications, rate or rates
of monetary wages paid and fringe benefits provided, rate or rates of
payments in lieu of fringe benefits, and total daily and weekly
compensation,
(3) Daily and weekly hours worked by each employee; and
(4) Any deductions, rebates, or refunds from the total daily or
weekly compensation of each employee.
Article 16. Any changes in the provisions of this agreement which are
necessary and proper will be made by formal amendment signed by both
parties.
IN WITNESS WHEREOF, the partie.s hereto have executed this agreement as
of the day and year first written above.
U.S. ARMY CORPS OF ENGINEERS
FORT WORTH DISTRICT
BY:
Dwight Quarles
Chief, Operations Division
THE CITY OF GRAPEVINE
BY:
Roger Nelson
City Manager
DATE: DATE:
WAGE DETERMINATION NO: 94-2513 REV (14) AREA: TX,FORT WORTH
WAGE DETERMINATION NO: 94-2513 REV (14)
AREA: TX,FORT WORTH
***FOR
OFFICIAL USE ONLY BY FEDERAL AGENCIES
PARTICIPATING IN MOU WITH
DOL***
REGISTER OF WAGE DETERMINATION UNDER 1
U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT j
EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor I
WAGE AND HOUR DIVISION
j
Washington, D.C. 20210
I
j
Wage Determination No.: 94-2513
Revision No.: 14
Division of Wage Determinations]
Date of Last Revision: 06/01/1999
State): Texas
I
j Areas: Texas COUNTIES OF Erath, Hood,
Jack, Johnson, Montague, Palo
Pinto,
j
Parker, Somervell, Tarrant, Wise
** Fringe Benefits Required For
All Occupations Included In
This Wage Determination Follow
The Occupational Listing
**
OCCUPATION CODE AND TITLE
MINIMUM HOURLY WAGE
Administrative
Support and Clerical Occupations:
01011
Accounting Clerk I
$
8.50
01012
Accounting Clerk II
$
9.18
01013
Accounting Clerk III
$
10.95
01014
Accounting Clerk IV
$
13.27
01030
Court Reporter
$
11.58
01050
Dispatcher, Motor Vehicle
$
10.05
01060
Document Preparation Clerk
$
9.60
01070
Messenger (Courier)
$
7.80
01090
Duplicating Machine Operator
$
9.60
01110
Film/Tape Librarian
$
10.60
01115
General Clerk I
$
7.80
01116
General Clerk II
$
7.99
01117
General Clerk III
$
9.60
01118
General Clerk IV
$
10.60
01120
Housing Referral Assistant
$
13.21
01131
Key Entry Operator I
$
7.63
01132
Key Entry Operator II
$
9.20
01191
Order Clerk I
$
8.47
01192
Order Clerk II
$
10.22
01261
Personnel Assistant (Employment)
I $
8.65
01262
Personnel Assistant (Employment)
II $
10.31
01263
Personnel Assistant (Employment)
III $
11.98
01264
Personnel Assistant (Employment)
IV $
14.91
01270
Production Control Clerk
$
13.21
01290
Rental Clerk
$
10.33
01300
Scheduler, Maintenance
$
10.33
01311
Secretary I
$
10.33
01312
Secretary II
$
11.58
01313
Secretary III
$
13.21
01314
Secretary IV
$
15.89
01315
Secretary V
$
19.36
01320
Service Order Dispatcher
$
10.06
01341
Stenographer I
$
10.63
01342
Stenographer II
$
11.38
01400
Supply Technician
$
15.27
01420
Survey Worker (Interviewer)
$
11.58
01460
Switchboard Operator -Receptionist
$
8.40
01510
Test Examiner
$
11.58
01520
Test Proctor
$
11.58
01531
Travel Clerk I
$
9.26
01532
Travel Clerk II
$
9.97
01533
Travel Clerk III
$
10.69
01611
Word Processor I
$
9.83
01612
Word Processor II
$
12.41
01613
Word Processor III
$
12.82
Automatic Data Processing Occupations:
03010
Computer Data Librarian
$
9.25
03041
Computer Operator I
$
9.25
03042
Computer Operator II
$
11.35
03043
Computer Operator III
$
14.08
03044
Computer Operator IV
$
15.81
03045
Computer Operator V
$
16.20
03071
Computer Programmer I 1/
$
11.89
03072
Computer Programmer II 1/
$
15.88
03073
Computer Programmer III 1/
$
18.30
03074
Computer Programmer IV 1/
$
22.93
03101
Computer Systems Analyst I 1/
$
18.65
03102
Computer Systems Analyst II 1/
$
22.85
03103
Computer Systems Analyst III 1/
$
26.83
03160
Peripheral Equipment Operator
$
9.25
Automotive Service Occupations:
05005
Automobile Body Repairer, Fiberglass
$
15.28
05010
Automotive Glass Installer
$
14.22
05040
Automotive Worker
$
14.22
05070
Electrician, Automotive
$
15.28
05100
Mobile Equipment Servicer
$
11.39
05130
Motor Equipment Metal Mechanic
$
15.28
05160
Motor Equipment Metal Worker
$
14.22
05190
Motor Vehicle Mechanic
$
15.28
05220
Motor Vehicle Mechanic Helper
$
11.39
05250
Motor Vehicle Upholstery Worker
$
13.58
05280
Motor Vehicle Wrecker
$
13.58
05310
Painter, Automotive
$
14.22
05340
Radiator Repair Specialist
$
13.58
05370
Tire Repairer
$
11.39
05400
Transmission Repair Specialist
$
15.28
Food Preparation and Service Occupations:
07010
Baker
$
9.89
07041
Cook I
$
8.74
07042
Cook II
$
9.89
07070
Dishwasher
$
6.31
07100
Food Service Worker (Cafeteria Worker)
$
6.31
07130
Meat Cutter
$
9.89
07250
Waiter/Waitress
$
6.95
Furniture
Maintenance and Repair Occupations:
09010
Electrostatic Spray Painter
$
14.22
09040
Furniture Handler
$
11.39
09070
Furniture Refinisher
$
14.22
09100
Furniture Refinisher Helper
$
11.39
09110
Furniture Repairer, Minor
$
12.50
09130
Upholsterer
$
13.58
General Service and Support Occupations:
11030
Cleaner, Vehicles
$
6.31
11060
Elevator Operator
$
6.31
11090
Gardener
$
8.74
11121
Housekeeping Aide I
$
5.48
11122
Housekeeping Aide II
$
6.31
11150
Janitor
$
6.31
11210
Laborer, Grounds Maintenance
$
6.95
11240
Maid or Houseman
$
5.47
11270
Pest Controller
$
9.36
11300
Refuse Collector
$
6.31
11330
Tractor Operator
$
8.16
11360
Window Cleaner
$
6.95
Health
Occupations:
12020
Dental Assistant
$
10.44
12040
Emergency Medical Technician/Paramedic Ambulance Driver
$
10.44
12071
Licensed Practical Nurse I
$
8.32
12072
Licensed Practical Nurse II
$
9.33
12073
Licensed Practical Nurse III
$
10.44
12100
Medical Assistant
$
9.33
12130
Medical Laboratory Technician
$
9.33
12160
Medical Record Clerk
$
9.33
12190
Medical Record Technician
$
12.94
12221
Nursing Assistant I
$
6.78
12222
Nursing Assistant II
$
7.62
12223
Nursing Assistant III
$
8.32
12224
Nursing Assistant IV
$
9.33
12250
Pharmacy Technician
$
11.64
12280
Phlebotomist
$
9.33
12311
Registered Nurse I
$
12.94
12312
Registered Nurse II
$
15.82
12313
Registered Nurse II, Specialist
$
15.82
12314
Registered Nurse III
$
19.15
12315
Registered Nurse III, Anesthetist
$
19.15
12316
Registered Nurse IV
$
22.95
information and Arts Occupations:
13002
Audiovisual Librarian
$
14.29
13011
Exhibits Specialist I
$
15.00
13012
Exhibits Specialist II
$
18.49 =
13013
Exhibits Specialist III
$
20.39
13041
Illustrator I
$
15.00
13042
Illustrator II
$
18.49
13043
Illustrator III
$
20.39
13047
Librarian
$
19.36
13050
Library Technician
$
11.58
13071
Photographer I
$
12.33
13072
Photographer II
$
15.00
13073
Photographer III
$
18.49
13074
Photographer IV
$
20.39
13075
Photographer V
$
23.77
Laundry, Drycleaning, Pressing and Related Occups:
1510
Assembler
$
6.41
15030
Counter Attendant
$
6.41
15040
Dry Cleaner
$
8.36
15070
Finisher, Flatwork, Machine
$
6.41
15090
Presser, Hand
$
6.41
15100
Presser, Machine, Drycleaning
$
6.41
15130
Presser, Machine, Shirts
$
6.41
15160
Presser, Machine, Wearing Apparel, Laundry
$
6.41
15190
Sewing Machine Operator
$
8.71
15220
Tailor
$
9.40
15250
Washer, Machine
$
7.10
Machine Tool Operation and Repair Occupations:
19010
Machine -Tool Operator (Toolroom)
$
13.58
19040
Tool and Die Maker
$
18.05
Materials Handling and Packing Occupations:
21010
Fuel Distribution System Operator
$
13.36
21020
Material Coordinator
$
11.96
21030
Material Expediter
$
11.96
21040
Material Handling Laborer
$
9.29
21050
Order Filler
$
8.37
21071
Forklift Operator
$
10.40
21080
Production Line Worker (Food Processing)
$
10.40
21100
Shipping/Receiving Clerk
$
10.40
21130
Shipping Packer
$
8.25
21140
Store Worker I
$
8.36
21150
Stock Clerk (Shelf Stocker; Store Worker II)
$
11.23
21210
Tools c d Parts Attendant
$
10.40
21400
Warehouse Specialist
$
10.40
Mechanics and Maintenance and Repair Occupations:
23010
Aircraft Mechanic
$
15.28
23040
Aircraft Mechanic Helper
$
11.39
23050
Aircraft Quality Control Inspector
$
18.16
23060
Aircraft Servicer
$
12.92
23070
Aircraft Worker
$
13.58
23100
Appliance Mechanic
$
13.88
23120
Bicycle Repairer
$
11.39
23125
Cable Splicer
$
15.28
23130
Carpenter, Maintenance
$
14.22
2_2140
Carpet Layer
$
13.58
._60
Electrician, Maintenance
$
15.28
2J_'l
Electronics Technician, Maintenance I
$
12.65
23182
Electronics Technician, Maintenance II
$
18.62
23183
Electronics Technician, Maintenance III
$
19.24
23260
Fabric Wos'aar
$
11.39
23290
Fire Ala--.. System Mechanic
$
15.28
23310
Fire Extir._;;lisher Repairer
$
12.92
'3340
Fuel Distr -ution System Mechanic
$
15.28
-370
General Ma,.raten<-Ice Worker
$
13.58
__0
Heating, Refrige ation and Air -Conditioning Mechanic
$
15.28
23430
Heavy Equipment Mechanic
$
15.28
23440
Heavy Equipment Operator
$
15.28
23460
Instrument Mechanic
$
15.28
23470
Laborer
$
10.11
23500
Locksmith
$
14.22
23530
Machinery Maintenance Mechanic
$
15.28
23550
Machinist, Maintenance
$
15.28
23580
Maintenance Trades Helper
$
11.39
23640
Millw sht
$
15.28
23700
Office Appliance Repairer
$
12.92
23740
Painter, Aircraft
$
14.22
23760
Painter, Maintenance
$
14.22
23790
Pipefitter, Maintenance
$
15.28
23800
Plumber, Maintenance
$
14.22
23820
Pneudraulic Systems Mechanic
$
15.28
23850
Rigger
$
15.28
23870
Scale Mechanic
$
13.58
23890
Sheet -Metal Worker, Maintenance
$
15.28
23910
Small Engine Mechanic
$
12.92
23930
Telecommunications Mechanic I
$
15.28
23931
Telecommunications Mechanic II
$
15.95
23950
Telephone Lineman
$
15.28
23960
Welder, Combination, Maintenance
$
15.28
23965
Well Driller
$
15.28
23970
Woodcraft Worker
$
15.28
23980
Woodworker
$
13.58
Personal
Needs Occupations:
24570
Child Care Attendant
$
9.42
24580
Child Care Center Clerk
$
11.76
24600
Chore Aide
$
5.47
24630
Homemaker
$
13.06
Plant
and System Operation Occupations:
25010
Boiler Tender
$
15.28
25040
Sewage Plant Operator
$
14.22
25070
Stationary Engineer
$
15.28
25190
Ventilation Equipment Tender
$
10.82
25210
Water Treatment Plant Operator
$
14.22
Protective
Service Occupations:
27004
Alarm Monitor
$
8.69
27006
Corrections Officer
$
15.33
27010
Court Security Officer
$
15.33
27040
Detention Officer
$
15.33
27070
Firefighter
$
13.74
27101
Guard I
$
6.75
27102
Guard II
$
14.01
27130
Police Officer
$
16.18
Stevedoring/Longshoremen
Occupational Services:
28010
Blocker and Bracer
$
12.62
28020
Hatch Tender
$
12.62
28030
Line Handler
$
12.62
28040
Stevedore I
$
11.93
28050
Stevedore II
$
13.27
Technical
Occupations:
29010
Air Traffic Control Specialist, Center 2/
$
24.90
29011
Air Traffic Control Specialist, Station 2/
$
17.17
29012
Air Traffic Control Specialist, Terminal 2/
$
18.91
29023
Archeological Technician I
$
13.35
29024
Archeological Technician II
$
14.94
29025
Archeological Technician III
$
18.49
29030
Cartographic Technician
$
18.49
29035
Computer Based Training (CBT) Specialist/Instructor
$
18.65
29040
Civil Engineering Technician
$
18.49
29061
Drafter I
$
11.20
29062
Drafter II
$
12.33
29063
Drafter III
$
15.00
29064
Drafter IV
$
18.75
t
29081
Engineering Technician I
$
11.20
29082
Engineering Technician II
$
13.65
29083
Engineering Technician III
$
14.55
29084
Engineering Technician IV
$
16.40
29085
Engineering Technician V
$
18.07
29086
Engineering Technician VI
$
21.06
29090
Environmental Technician
$
16.08
29100
Flight Simulator/Instructor (Pilot)
$
22.85
29150
Graphic Artist
$
18.65
29160
Instructor
$
16.56
29210
Laboratory Technician
$
13.13
29240
Mathematical Technician
$
16.40
29361
Paralegal/Legal Assistant I
$
11.55
29362
Paralegal/Legal Assistant II
$
15.89
29363
Paralegal/Legal Assistant III
$
18.41
29364
Paralegal/Legal Assistant IV
$
22.27
29390
Photooptics Technician
$
16.40
29480
Technical Writer
$
17.80
29491
Unexploded Ordnance Technician I
$
15.82
29492
Unexploded Ordnance Technician II
$
19.15
29493
Unexploded Ordnance Technician III
$
22.95
29494
Unexploded Safety Escort
$
15.82
29495
Unexploded Sweep Personnel
$
15.82
29620
Weather Observer, Senior 3/
$
15.64
29621
Weather Observer, Combined Upper Air & Surface Programs 3/
$
14.08
29622
Weather Observer, Upper Air 3/
$
14.08
Transportation/Mobile Equipment Operation Occups:
31030
Bus Driver
$
11.97
31260
Parking and Lot Attendant
$
6.52
31290
Shuttle Bus Driver
$
9.05
31300
Taxi Driver
$
7.98
31361
Truckdriver, Light Truck
$
9.05
31362
Truckdriver, Medium Truck
$
11.97
31363
Truckdriver, Heavy Truck
$
12.60
31364
Truckdriver, Tractor-Trailer
$
13.22
Miscellaneous Occupations:
99020
Animal Caretaker
$
7.55
99030
Cashier
$
7.69
99041
Carnival Equipment Operator
$
8.16
99042
Carnival Equipment Repairer
$
8.74
99043
Carnival Worker
$
6.31
99050
Desk Clerk
$
9.42
99095
Embalmer
$
15.82
99300
Lifeguard
$
8.40
99310
Mortician
$
15.82
99350
Park Attendant (Aide)
$
10.54
99400
Photofinishing Worker (Photo Lab Tech., Darkroom Tech)
$
8.40
99500
Recreation Specialist
$
13.06
99510
Recycling Worker
$
8.13
99610
Sales Clerk
$
8.40
99620
School Crossing Guard (Crosswalk Attendant)
$
6.31
99630
Sports Official
$
8.40
99658
Survey Party Chief (Chief of Party)
$
15.23
99659
Surveying Technician (Instr. Person/Surveyor Asst./Instr.)
$
9.63
99660
Surveying Aide
$
7.68
99690
Swimming Pool Operator
$
9.89
99720
Vending Machine Attendant
$
8.16
99730
Vending Machine Repairer
$
9.89
99740
Vending Machine Repairer Helper
$
8.16
** Fringe Benefits Required For All Occupations Included In
--- This Wage Determination **
HEALTH & WELFARE: $1.63 an hour or $65.20 a week or $282.53 a month.
VACATION: Two weeks paid vacation after 1 year of service with a
contractor or successor; 3 weeks after 5 years; 4 weeks after 15 years.
Length of service includes the whole span of continuous service with
the present contractor or successor, wherever employed, and with the
predecessor contractor in the performance of similar work at the same
Federal facility. (Reg. 4.173)
HOLIDAYS: Minimum of ten paid holidays per year: New Year's Day,
Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving
Day, and Christmas Day. (A contractor may substitute for any of the
named holidays another day off with pay in accordance with a plan
communicated to the employees involved.) (See 29 CFR 4.174)
1/
Does not apply to employees employed in a bona fide executive,
administrative, or professional capacity as defined and delineated in
29 CFR 541. (See 29 CFR 4.156)
2/
APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An employee
is entitled to pay for all work performed between the hours of 6:00 P.M. and
6:00 A.M. at the rate of basic pay plus a night pay differential amounting to
10 percent of the rate of basic pay.
3/
WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of
a regular tour of duty, you will earn a night differential and receive an
Y additional 10% of basic pay for any hours worked between 6pm and 6am. If you
are a full-time employee (40 hours a week) and Sunday is part of your
regularly scheduled workweek, you are paid at your rate of basic pay plus a
Sunday preium of 250 of your basic rate for each hour of Sunday work which is
not overtime (i.e. occasional work on Sunday outside the normal tour of duty
is considered overtime work).
`* UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of
this contract (either by the terms of the Government contract, by
the employer, by the state or local law, etc.), the cost of
furnishing such uniforms and maintaining (by laundering or dry
cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that
required by the wage determination. The Department of Labor will
accept payment in accordance with the following standards as
compliance:
The contractor or subcontractor is required to furnish all
employees with an adequate number of uniforms without cost or to
reimburse employees for the actual cost of the uniforms. In
addition, where uniform cleaning and maintenance is made the
responsibility of the employee, all contractors and subcontractors
subject to this wage determination shall (in the absence of a bona
fide collective bargaining agreement providing for a different
amount, or the furnishing of contrary affirmative proof as to the
actual cost), reimburse all employees for such cleaning and
maintenance at a rate of $4.25 per week (or $.85 cents per day).
However, in those instances where the uniforms furnished are made
of "wash and wear" materials, may be routinely washed and dried
with other personal garments, and do not require any special
treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards
set by the terms of the Government contract, by the contractor, by
law, or by the nature of the work, there is no requirement that
employees be reimbursed for uniform maintenance costs.
** NOTES APPLYING TO THIS WAGE DETERMINATION **
Source of Occupational Titles and Descriptions:
The duties of employees under job titles listed are those described
in the "Service Contract Act Directory of Occupations," Fourth
Edition, January 1993, as amended by the Second Supplement, dated
August 1995, unless otherwise indicated. This publication may be
obtained from the Superintendent of Documents, at 202-783-3238, or
by writing to the Superintendent of Documents, U.S. Government J
Printing Office, Washington, D.C. 20402. Copies of specific job j
descriptions may also be obtained from the appropriate contracting
officer.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE
(Standard Form 1444 (SF 1444))
Conformance Process:
The contracting officer shall require that any class of service
employee which is not listed herein and which is to be employed
under the contract (i.e., the work to be performed is not performed
by any classification listed in the wage determination), be
classified by the contractor so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between,
such unlisted classifications and the classifications listed in the
wage determination. Such conformed classes of employees shall be
paid the monetary wages and furnished the fringe benefits as are
determined. Such conforming process shall be initiated by the
contractor prior to the performance of contract work by such
unlisted class(es) of employees. The conformed classification,
wage rate, and/or fringe benefits shall be retroactive to the
commencement date of the contract. fSee Section 4.6 (C)(vi))
When multiple wage determinations are included in a contract, a
separate SF 1444 should be prepared for each wage determination to
which a class(es) is to be conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a
conformed occupation) and computes a proposed rate).
2) After contract award, the contractor prepares a written report
listing in order proposed classification title), a Federal grade
equivalency (FGE) for each proposed classification), job
description), and rationale for proposed wage rate), including
information regarding the agreement or disagreement of the
authorized representative of the employees involved, or where there
is no authorized representative, the employees themselves. This
report should be submitted to the contracting officer no later than
30 days after such unlisted class(es) of employees performs any
contract work.
3) The contracting officer reviews the proposed action and promptly
submits a report of the action, together with the agency's
recommendations and pertinent information including the position of
the contractor and the employees, to the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, for
review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).
4) Within 30 days of receipt, the Wage and Hour Division approves,
modifies, or disapproves the action via transmittal to the agency
contracting officer, or notifies the contracting officer that
additional time will be required to process the request.
5) The contracting officer transmits the Wage and Hour decision to
the contractor.
6) The contractor informs the affected employees.
Information required by the Regulations must be submitted on SF
1444 or bond paper.
When preparing a conformance request, the "Service Contract Act
Directory of Occupations" (the Directory) should be used to compare
job definitions to insure that duties requested are not performed
by a classification already listed in the wage determination.
Remember, it is not the job title, but the required tasks that
determine whether a class is included in an established wage
determination. Conformances may not be used to artificially split,
combine, or subdivide classifications listed in the wage
determination.