Indian Contractors List - PDF by kfd18398

VIEWS: 413 PAGES: 10

More Info
									                                   TERO REQUIREMENTS
                               FORT BERTHOLD RESERVATION
                                       Tribal Employment Rights Office (TERO)
                                                 Post Office Box 488
                                           New Town, North Dakota 58763

            PHONE #701-627-3634        TELEFAX #701-627-4496
=================================================================================

PRIME CONTRACTORS

           All Prime Contractors/Operators must have an approved TERO License, immediately after being awarded
a contract, within the exterior boundaries of the Fort Berthold Reservation. Failure to abide by this shall be subject to
sanction, in accordance with the TERO Ordinance of the Three Affiliated Tribes, Enacted May 13, 1983 by Resolution #83-
122-S, revised March 11, 1993 by Resolution #93-40-JJR. Upon remittance of the applicable TERO Fees, Revised January
11, 2007 by Resolution No. 07-12-VJB, License and upon receiving notification of approval of the TERO License and
Compliance Plan, the Prime Contractor/Operator will then be licensed to work within the Fort Berthold Reservation. Which
will be valid for a twelve (12) month period. However, a unique Compliance Plan will be needed for each development
contracted.

          The Prime Contractor/Operator shall give preference to Indian Certified Contractors and/or Suppliers of the Fort
Berthold Reservation, when accepting quotes from subcontractors and suppliers.


SUBCONTRACTORS & SUPPLIERS/OTHER

          All Subcontractors/Suppliers/Other who intend to provide services to the Fort Berthold Reservation must
have an approved TERO License and Compliance Plan, prior to performing any services for any Prime
Contractors/Operators or any other entity, within the exterior boundaries of the Fort Berthold Indian Reservation.
Failure to abide by this shall be subject to sanction, in accordance with the TERO Ordinance of the Three
Affiliated Tribes, Enacted May 13, 1983 by Resolution #83-122-S. revised March 11, 1993 by Resolution #93-40-
JJR, revised January 11, 2007, by Resolution No. 07-12-VJB.

PRIORITY OF EMPLOYMENT PREFERENCE

        All Prime/Sub Contractors shall employ at least fifty percent (50%) of the skilled positions from the resident Indians
of the Fort Berthold Reservation, through the TERO of the Three Affiliated Tribes. All Prime/Subcontractors shall employ
one-hundred percent (100%) of the labor positions from the resident Indians of the Fort Berthold Reservation, through the
TERO of the Three Affiliated Tribes.

BUREAU OF APPRENTICESHIP & TRAINING

         All Prime/Sub Contractors shall adhere to the established “Standard of Apprenticeship” of the Three
Affiliated Tribes, which is in cooperation with the U.S. Dept. Labor, Bureau of Apprenticeship and Training
(BAT) Agency. And shall adhere to the BAT Fee, Pursuant to Resolution #95-71-DSB. The “Standard of
Apprenticeship” is administered through the Apprenticeship Officer, of the TERO of the Three Affiliated Tribes.

                                                                                                    TERO REQUIREMENTS 6/95
                                                                                                   TERO FORM INSTRUCTIONS



CONSTRUCTION
                                         TERO FORMS
                                           FOR THE
                                 FORT BERTHOLD RESERVATION
=================================================================================
TERO FORMS MUST BE COMPLETELY FILLED OUT AND RETURNED TO:

TERO OFFICE, POST OFFICE BOX 488, NEW TOWN, NORTH DAKOTA 58763.

COMPLIANCE PLAN

         All Prime/Sub Contractors shall prepare a Compliance Plan, for each contract to be performed within the exterior
boundaries of the Fort Berthold Reservation. Upon the approval of the Compliance Plan by the TERO Director the entity may
proceed with project. Compliance Plan Forms may be obtained from the Tribal Employment Rights Office (TERO).

LICENSE & AGREEMENT FORM

          All Prime/Sub Contractors/Suppliers shall prepare the TERO License & Agreement Form with the requested
information and cite the number of services and the amount of fees remitted. The License shall be valid for a twelve (12)
month period of time. License & Agreement Forms may be obtained from the Tribal Employment Rights Office (TERO).
(Schedule of Fees is provided below.)


                                CONSTRUCTION DEVELOPMENT FEES

PRIME CONTRACTOR:                SHALL PAY $500.00 VENDOR FEE RENEWABLE PER ANNUM, ALSO
                                                                        -


                                 SHALL PAY A 2% GROSS COST OF CONSTRUCTION FEE ON THE
                                 ENTIRE PROJECT, PER PROJECT.
                                 SHALL PAY A ½ OF 1% (BAT) BUREAU OF APPRENTICESHIP &
                                 TRAINING FEE OF THE COST OF CONSTRUCTION ON THE ENTIRE
                                 PROJECT, PER PROJECT.

SUBCONTRACTOR OR
      SUPPLIER:                  SHALL PAY $200.00 PER SERVICE TO BE PERFORMED ON THE FORT
                                 BERTHOLD INDIAN RESERVATION RENEWABLE PER ANNUM.
                                                                                -




                                          OIL DEVELOPMENT FEES

OIL OPERATOR/CO.:                SHALL PAY $500.00 VENDOR FEE RENEWABLE PER ANNUM, ALSO
                                                                        -


                                 SHALL PAY A 1% GROSS COST OF CONSTRUTION FEE ON THE
                                 ENTIRE PROJECT, PER PROJECT.

OIL DRILLING RIG:                SHALL PAY $1,500.00 VENDOR FEE RENEWABLE PER ANNUM.
                                                                            -




OIL WORKOVER RIG:                SHALL PAY $1,000.00 VENDOR FEE RENEWABLE PER ANNUM.
                                                                            -


SUBCONTRACTOR OR
     SUPPLIER:                   SHALL PAY $200.00 PER SERVICE TO BE PERFORMED ON THE FORT
                                 BERTHOLD INDIAN RESERVATION RENEWABLE PER ANNUM.



                                                                                                   TERO REQUIREMENTS 6/95
                                                                                                  TERO FORM INSTRUCTIONS


CONSTRUCTION
                                  COMPLIANCE PLAN
                                       TERO
                                       THREE AFFILIATED TRIBES
==========================================================================

     INSTRUCTIONS

     Pursuant to Chapter 10 of the TERO Ordinance the following Compliance Plan shall be filled out
     Completely, prior to any commencement of work by any Prime Contractor/Operator,

     Subcontractor or Supplier who intends to perform any work on the Fort Berthold Indian

     Reservation.


     TERO ORDINANCE: Enacted May 13, 1983, by Reso. #83-122-S, revised March 11, 1993, by Reso.

                               #93-40-JJR and including Reso. # 07-12-VJB, dated January 11, 2007.


     CHAPTER 10- COMPLIANCE PLAN


     Subsequent to the effective date of this Ordinance, no covered employer who intends to do business within

     the exterior boundaries of the Fort Berthold Reservation, shall commence the conduct of such business

     until such time as he/she has consulted with the TERO Director and/or staff for the purpose of being

     advised of his/her/its Indian preference and other obligations, as prescribed by and set forth in this

     Ordinance, in any and all supplementary ordinances, and in any and all rules, regulations, and/or guidelines

     promulgated by the TERO Commission. After such consultation and previous to the commencement of the

     conduct of business, such covered employer shall develop a compliance plan which is acceptable to and

     approved by the TERO Director.


     UPON COMPLETION OF THE COMPLIANCE FORM, PLEASE SEND TO:

     TERO - THREE AFFILIATED TRIBES
     POST OFFICE BOX 488
     NEW TOWN, NORTH DAKOTA, 58763

     PHONE: (701)427-3634           TELEFAX: (701)-627-4496


                                                                                        COMPLIANCE PLAN FORM 6/95
                                           COMPLIANCE PLAN
CONSTRUCTION
                                                    TERO
                                           THREE AFFILIATED TRIBES

   Please fill in the following:

   Project__________________________________ Number___________________________

  FIRM NAME: _____________________________________


   ADDRESS: ______________________________________________________________________________

   ________________________________________________________________________________________

           PHONE: ___________________________                                   FAX: _________________________

   Please mark all that apply:

  PROJECT TYPE:              Building Construction              ___             Road/Related Construction ___

                                 Oil Field Development           ___            Other: _____________          ___

  CONTRACTOR TYPE:               PRIME CONTRACTOR              ___            OILFIELD - PRIME OPERATOR ___
                                                                                           -




                                 SUBCONTRACTOR                   ___                                 SUPPLIER ___

========================================================================================
                                        SUBCONTRACTORS & SUPPLIERS

PREFERENCE OF SUBCONTRACTORS SHALL BE GIVEN TO RESIDENT CERTIFIED INDIAN CONTRACTORS
OF THE FORT BERTHOLD INDIAN RESERVATION.

LIST SUBCONTRACTORS/SUPPLIERS & CURRENT MAILING ADDRESS:
1.________________________________________________           2.______________________________________
 _________________________________________________            _______________________________________
3.__________________________________________________________ 4._______________________________________________
 ____________________________________________________________          _______________________________________________
5._______________________________________________                     6.______________________________________
  __________________________________________________________           _______________________________________________
7._______________________________________________                     8.______________________________________
 ________________________________________________                       ______________________________________
9.__________________________________________________________          10._______________________________________________
________________________________________________                       ______________________________________


PLEASE NOTE:
      IF ANOTHER SUBCONTRACTOR OR SUPPLIER IS NEEDED, FIRM SHALL CONTACT TILE
      TERO OFFICE TO MODIFY THIS COMPLIANCE PLAN. SUBCONTRACTORS AND SUPPLIERS THAT
      ARE

                                                                                               COMPLIANCE PLAN FORM 6/95




CONSTRUCTION
                                                               COMPLIANCE PLAN TERO           -


                                                                    CONTINUED

   ON THE WORK SITE WHO ARE NOT PARTICIPANTS ON THE VENDORS LIST, WILL
   NECESSITATE SANCTIONS PURSUANT TO CHAPTER 20 OF THE TERO ORDINANCE, TO THE
   PRIME CONTRACTOR/OPERATOR, SUBCONTRACTOR AND/OR SUPPLIER INVOLVED.
===========================================================================
                                EMPLOYMENT

           PREFERENCE IN EMPLOYMENT SHALL BE GIVEN TO RESIDENT INDIANS OF THE FORT
           BERTHOLD RESERVATION. PLEASE LIST TYPE AND TOTAL NUMBER OF POSITIONS THAT
           WILL BE FILLED WITH THREE AFFILIATED TRIBES TERO REFERRALS AND TOTAL
           POSITIONS.
                                                                TERO             TOTAL

        POSITION TYPE                                                                                       POSITIONS                    POSITIONS

1. ______________________________________________________________________________________                   _______________              _________________



2. _______________________________________________                                                          ________                     _________

3. ______________________________________________________________________________________                   ________                     _________

4. _______________________________________________________________________________                          ________                     _________

5. _______________________________________________                                                         ________                      _________

6. __________________________________________________________________________                              ________                      _________

8. _______________________________________________                                                         ________                      _________

PLEASE NOTE: STRICT ADHERENCE TO THIS COMPLIANCE PLAN SHALL BE FOLLOWED. ANY
                 MODIFICATIONS TO THIS COMPLIANCE PLAN SHALL REQUIRE TERO APPROVAL.
=========================================================================================
This compliance plan will be for this project/operation only; if another project/operation is to be performed a unique
compliance plan will need to be completed.



------------------------------------------------------                                      ------------------------------------------------
AUTHORIZED COMPANY OFFICIAL                                                                 DATE



----------------------------------------------------------------                            ----------------------------------------------------------
TERO Director or Designate                                                                  DATE




                                                                                                                        COMPLIANCE PLAN FORM 6/95



CONSTRUCTION
                  CONSTRUCTION DEVELOPMENT LICENSE & AGREEMENT

                        TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO)
                                THREE AFFILIATED TRIBES
                                        Post Office Box 488
                                   New Town, North Dakota 58763

                                            LICENSE

              PHONE #701-627-3634              TELEFAX #701-627-4496

NAME OF COMPANY ________________________________________________________________________


ADDRESS __________________________________________________              PHONE: ___________________


CITY & STATE ____________________________________________                ZIP ______________________


DATE OF APPLICATION _________________________ ,20___.

FORM OF BUSINESS:          PROPRIETORSHIP _______ OTHER _______
                                                         ___


                          PARTNERSHIP        ________   __


                          CORPORATION        ________             ___




OWNER OR OWNER’S NAME ______________________________________________ N/A ______

CONTACT PERSON                  _______________________________________


INSURANCE COMPANY                ____________________________________
      ADDRESS                   ____________________________________
      POLICY #                  ____________________________________
      EFFECTIVE DATE            ___________________________, 20______
WORKMENS COMP. NO.              ____________________________________
UNEMPLOYMENT NO.                ____________________________________
BOND COMPANY NAME               ____________________________________
FEDERAL I.D. NO.                ____________________________________    __________________




NUMBER OF YEARS IN BUSINESS: _______________________

TYPES OF WORK PERFORMED:
      1. _______________________      2.__________________________
      3. _______________________      4. ____________________________

PLEASE CHECK, ALL THAT APPLY:
     PRIME OPERATOR           _______       SUBCONTRACTOR         _________
     SUPPLIER                 _______       OTHER                 _________




CONSTRUCTION
                        CONSTRUCTION DEVELOPMENT AGREEMENT
                               THREE AFFILIATED TRIBES

                        TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO)
                           FORT BERTHOLD INDIAN RESERVATION
                                  NEW TOWN, N.D. 58763

                                                        AND

                           _______________________________________

         Whereas this agreement is entered into on this date of _________________ between the Three Affiliated Tribes

Tribal Employment Rights Office (TERO), and ______________________, with respect to employment practices on
                                                                               ,,




the Fort Berthold Reservation.


1.       PRIME CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS

                That the entity shall comply with the procedures for the selection of Contractors and Sub-contractors
         as set forth in the Tribal Ordinance or the Three Affiliated Tribes of the Fort Berthold Indian Reservation,
         Resolution #83-122-S, subsequently revised by Resolution #93-40-JJ’R, and Resolution No.07-12-VJB,
         January 11, 2007.

              The TERO will receive notice in the form of copies of bid forms let by entity for all Contracting
       and Sub-contracting jobs on the Fort Berthold Reservation. The notice will be given reasonably in
       advance of any contract awarded, but no later than five (5) days in advance of any award, unless such
       notice cannot be given due to business consideration.


             ____________________ shall be responsible for its contractors and sub-contractors, who must
       comply with Tribal Employment Rights Ordinance, (Chapter 6, and “Scope of Indian Preference”).

2.     EMPLOYMENT PRIORITY

              TERO will maintain a list of available resident Indians for employment.

               The TERO Director shall be given at least three (3) business days notice of any positions to be filled
       or vacancies.

              Employer agrees to consider for hire, either for a job vacancy or new positions, all available
       resident Indians or Indian applicants who meet the pre-employment standards.

             For the purpose of this agreement, pre-employment standards are those directly




CONSTRUCTION
                      CONSTRUCTION DEVELOPMENT AGREEMENT

       job related standards of fitness and ability which indicate that with a reasonable amount of training a
       person will be capable of satisfactorily performing the entry job, as well as jobs at a higher level which
       with a reasonable amount of further training, are normally filled by progression from the entry job. This
       provision applied to those persons who at the time of application for employment are not fully qualified
       for the available job, but general potential of becoming qualified through a reasonable amount of training.

3.    PRE-EMPLOYMENT STANDARDS

             Employer will not use qualifications, criteria, or other requirements as barriers to resident Indians or
      Indian employment, except where such criteria, requirements or qualifications are required by business
      necessity. However, employer shall have the burden of showing that such criteria or requirements are
      required by business necessity.

4.    TRAINING

              Employer shall agree that all resident Indians and Indian employees will be adequately trained for
      the positions for which they are hired. All Indian employees will be evaluated and paid according to
      current employer and company policies.

5.    DISCRIMINATION

            There shall be no discrimination in the amount of rate of wages or fringe benefits to or for
      employees on the basis of race, creed, color, age, sex, national origin, or religion.

6.    EMPLOYMENT GOALS

      The following will apply to all: CONTRACTORS AND SUBCONTRACTORS.

      (A)    Employer working on or near the Fort Berthold Indian Reservation agrees that at least fifty-percent
             (50%) of all its employees in the skilled positions will be filled by resident Indians or Indian
             Employees.

      (B)   Employer working on or near the Fort Berthold Indian Reservation agrees that at least one-hundred
            (100%) of all its employees in the unskilled positions will be filled by resident Indians or Indian
            Employees.

     (C)    If the employer fails to meet the required percentage of resident Indian and Indian employee goals as
            set forth above, it shall have the burden of justifying the rejection of every resident Indian or Indian
            applicants for any positions which become available and of substantiating the criteria used in hiring
            for the position as being relevant to the job being performed.




CONSTRUCTION
                         CONSTRUCTION DEVELOPMENT AGREEMENT


     7.     TERO FEE’S


           (A)     Completed by Prime Contractor/General Contractor
                   Pursuant to Chapter 11 of the Tribal Employment Rights Ordinance and BAT Fee Resolution #95-
                   71-DSB., the PRIME/GENERAL CONTRACTOR:

                   HEREBY, ________________________ shall pay 2% fee of the total Project cost of
                   construction. The 2% fee shall apply for each project contracted.

                   HEREBY, ________________________ shall pay ½ of 1% (BAT) Bureau of Apprenticeship &
                   Training Fee of the total Project cost of construction. The ½ of 1% fee shall apply for each
                   project contracted.

                   HEREBY, ________________________ shall pay $500.00 per annum, for the privilege of doing
                   business as a Prime/General Contracctor on the Fort Berthold Reservation.


           (B)     Completed by Subcontractors/Suppliers

                   Subcontractor:

                          Subcontractor/Supplier                 $200.00
                          (If 3 or more services)                $500.00 Ceiling

                   HEREBY, _____________________ will pay $____________ per annum, to
                                                                                   _


                   perform_____________ services, for the privilege to perform the service(s) on the Fort Berthold
                   Reservation. Please be advised that services that are not listed, but are displayed on site will be
                   subject to sanction.


8.        INSPECTIONS

                 The TERO Director or his/her designated person shall have the right to inspect all employment sites
          within exterior boundaries of the Fort Berthold Reservation.

9.        RECORDS

                 Employer shall maintain records on all workers who apply for work, including those who were not
          employed, or were employed and subsequently terminated, The files shall reflect the name, last known
          address, and employee craft or category of which the




CONSTRUCTION
                         CONTRACTOR DEVELOPMENTAGREEMENT

         Employee is or was available.

                 If called and not hired, or if later terminated, the file shall reflect the reasons why he or she was
         not hired or was terminated.

                Such files shall be available at reasonable times and upon reasonable notice to the
         Director and/or designate.


  10.    ASSISTANCE


                If employer deems that an employee’s performance is such that he/she is in danger of being
         suspended or terminated, employer shall contact TERO for assistance in working out the problem.

 11.     EMPLOYMENT POLICIES AND PROCEDURES

                 It is further understood that employer recognized that its operations are taking place within a
         unique cultural setting upon the Three Affiliated Tribes Fort Berthold Reservation. Accordingly,
         employer, in conjunction with the Director of TERO, will consider and take into account Tribal
         Holidays and other cultural customs as well as the needs of the business, so as to promote rather than
         hinder the employment of resident Indians and Indians.


  12.    LAYOFFS


               If a layoff is required, employer shall maintain a layoff consistent with its obligations under
        Section 6 in this agreement to employ resident Indians and Indians up to the required percentage of the
        work force. Any layoff must be justified by business consideration or necessity.

 13.     DURATION

        This agreement shall be for a one year period from the date it is approved by the TERO Director.

         _____________________________                       ________________________________________
        DATE                                                 TERO DIRECTOR or Designate

        ______________________________                       ________________________________________
        DATE                                                 AUTHORIZED COMPANY OFFICIAL

                                                             ________________________________________
                                                             TITLE

Office use Only:
COMMENTS: ____________________________________________________________________________

								
To top