TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO)/

NEZ PERCE

TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO)/

TERO YOUTH APPRENTICESHIP PROGRAM (TYAP)

P.O. Box 365

Lapwai, ID 83540

Ph.: (208)843-7363

TERO/TYAP COMPLIANCE PLAN & AGREEMENT

PROJECT INFORMATION

Project Name:

Project No:

Location:

Project Owner:

Project Architect:

Phone:

Project Funding Agency:

Phone:

Funding Agency Contact:

CONTRACTOR INFORMATION

Check all that apply:

Prime Contractor

Subcontractor

Union

Non-Union

Company:

Address:

Email:

Contact Person:

Title:

Phone:

Fax:

Insurance Company:

Shed/Ce11:

Policy #:

Scope of work to be performed:

PERIOD OF PERFORMANCE

Approximate Start Date:

Ending Date:

CONTRACT AWARD AMOUNT: _________________________ TERO/TYAP FEE AMOUNT: ___________________

TERO/TYAP FEE: A TERO/TYAP Fee will be accrued at 3.5% of the total contract award amount for contracts

totaling $15,000 or more.

Contracts/subcontracts the sum of $15,000 or more are subject to a fee of 3.5% of the total award amount. Requests for a

TERO/TYAP Fee payment schedule must be approved prior to the commencement of work activity on the project.

a.

TERO/TYAP FEE ON PROJECTS $350,000 OR LESS: a full payment of the TERO/TYAP Fee is due prior to the

beginning of work activity.

b.

TERO/TYAP FEE ON PROJECTS OVER $350.000: No less than 1/2 the TERO/TYAP Fee must be paid prior to the

commencement of work activity. A written request for a payment schedule for the remaining balance of TERO/TYAP

Fee must be submitted with this compliance plan for approval.

c.

CHANGE ORDERS: Must be reported to TERO/TYAP immediately upon approval from the funding/contracting

agency. Adjustments to the TERO/TYAP Fee amount will be made accordingly.

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IDENTIFICATION OF CORE & KEY WORKERS

Core Crew: Owners, officers and directors of private employers or contracting entities who are listed in such positions on the annual

payroll for a minimum of one year continuously.

NAME

POSITION/CLASSIFICATION

Licensed

YES

NO

Hr. Pay Rate

Length with

Company

Key Employees: An employee who occupies a supervisory position or one who possess a specialized skill and who performs a critical

function, such that an employer would likely risk financial damage or loss if unable to employ that person.

Upon request: All claims to possess a “specialized” skill must be submitted with complete resume of work history and proof of

specialized skill (e.g., certificates, licenses, etc.) (SEE pg. 6 ATTACHMENT A SECTION A)

NAME

➢

➢

POSITION/CLASSIFICATION

Licensed

YES

NO

Hr. Pay

Rate

Length with

Company

Employers who wish to utilize workers that do not meet these definitions must obtain approval through a written request for

a “TERO/TYAP Waiver.” (SEE PAGE 7 - ATTACHMENT A SECTION K)

All Supervisory employees listed, will be required to attend the TERO/TYAP Preconstruction Meeting which will be held

prior to the beginning of work on the project identified on this compliance plan.

MANPOWER REQUESTS

Provide a preliminary estimate of workers (in addition to core crew and key employees) that your company will be required to complete

the work on this project. List classification/skill, number needed, starting date, and pay rate. A TERO/TYAP Dispatch form and followup call to TERO/TYAP at least forty-eight (48) hours prior to identified “start date” is required. TERO/TYAP will provide all laborer

positions unless there are no laborers available.

SKILL/CLASSIFICATION

START DATE

NO.

Hr. PAY

RATE

SPECIAL INSTRUCTIONS

EMERGENCY REPLACEMENT WORKERS: TERO/TYAP Waivers must be obtained for workers who do not meet the definition

of “CORE CREW/KEY EMPLOYEE.” Employers operating during hours when the TERO/TYAP Offices are closed (i.e. weekends,

holidays, etc.) who are in need of workers to fill a vacancy will be authorized to place an emergency worker to fill the vacancy. This

emergency placement shall be allowed for no longer than seventy-two (72) hours. The TERO/TYAP will be notified of all such hires

immediately upon the next working day and the position will be filled pursuant to the standard TERO/TYAP procedures described in

this compliance plan. Emergencies will be determined on a case-by-case basis.

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IDENTIFICATION OF SUBCONTRACTORS

It shall be the Prime/General Contractor's responsibility to provide copies of this TERO/TYAP Compliance Plan and Agreement form

to all their subcontractors and suppliers. All Subcontractors must secure an approved TERO/TYAP Compliance Plan and Agreement

prior to the commencement of any portion of work activity they will be involved in. The Prime and all Subcontractors will be required

to attend a TERO/TYAP Preconstruction meeting prior to the beginning of work activity.

COMPANY NAME

PHONE

ESTIMATED

START DATE

SCOPE OF WORK

ATTACH ADDITIONAL SUBCONTRACTOR INFORMATION ON A SEPARATE SHEET OF PAPER

TERO/TYAP PRECONSTRUCTION MEETING

A TERO/TYAP Preconstruction meeting is required to provide each contractor and their supervisory personnel orientation on the

TERO/TYAP requirements and procedures. The Prime/General Contractor shall be responsible for contacting TERO/TYAP to

schedule the meeting and for providing notification of meeting date and time to their subcontractors.

MEETING DATE

➢

LOCATION

TIME

All supervisory personnel, listed by the prime and subcontractors, will be required to attend the TERO/TYAP

Preconstruction meeting.

FOR ASSISTANCE CONTACT:

MAIL COMPLETED FORMS TO:

NEZ PERCE TERO/TYAP

PHONE: (208)843-7363

EMAIL:melvinw@nezperce.org

laatisl@nezperce.org

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NEZ PERCE TERO/TYAP

P.O. Box 365

Lapwai, ID 83540

Page 3 of 20

CERTIFICATION OF UNDERSTANDING & ACCEPTANCE

On behalf of _________________________________________________ hereby certify that I have received and understand the Nez

Perce Tribal Employment Rights Office/TERO Youth Apprenticeship Program (TERO/TYAP) requirements spelled out as

“Attachment A” of this compliance plan and Agreement, and hereby agree to accept the responsibility of compliance with the

described obligations and requirements. Dated this __________day of ______________________________20________.

Project:

Project No:

Contractor:

Email:

Address:

Phone:

Fax:

Printed Name:

Title:

Signature:

Date:

On behalf of the Nez Perce TERO/TYAP, I hereby attest to the conditions set forth in this TERO/TYAP Compliance Plan and

Agreement, and will enforce this agreement through the powers vested in me by the Nez Perce Tribal Executive Committee

and the Nez Perce Tribe Title 9.

NOTICE TO PROCEED

The attached TERO/TYAP Compliance Plan and Agreement has been received, reviewed and is fully acceptable. On behalf of the

Nez Perce TERO/TYAP, authorization to begin work on the above described project is hereby granted.

Dated this ______ day of___________________________, 20______.

Signature:_______________________________________, TERO/TYAP Director

Melvin Wheeler

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EMPLOYER ACCEPTANCE AGREEMENT

ADOPTED BY

NEZ PERCE TRIBAL EMPLOYMENT RIGHTS OFFICE(TERO)/TERO YOUTH

APPRENTICESHIP PROGRAM (TYAP)

DEVELOPED IN COOPERATION WITH THE

U. S. DEPARTMENT OF LABOR

OFFICE OF APPRENTICESHIP

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EMPLOYER ACCEPTANCE AGREEMENT

The undersigned employer hereby subscribes to the provisions of the Apprenticeship

Standards formulated and registered by the NEZ PERCE TRIBAL EMPLOYMENT RIGHTS

OFFICE/TYAP PROGRAM and agree(s) to carry out the intent and purpose of said Standards for

General Laborer and accompanying Appendices and to abide by the rules and decisions of

the Sponsor established under these Apprenticeship Standards. The undersigned employer

further agrees to allow the NEZ PERCE TRIBAL EMPLOYMENT RIGHTS OFFICE/TYAP

PROGRAM (s) to access the employer’s records and Certified Payroll to confirm compliance

with the terms of the Apprenticeship Standards and requirements of 29 CFR Part 29, subpart

A, and Part 30.

have been furnished a copy of the

Standards and have read and understood them, and request certification to train apprentices

under the provisions of these Standards. On-the-job, the apprentice is hereby assured

qualified training personnel and adequate supervision during the apprenticeship. The

training should follow the approved Work Process Schedule and Related Instruction Outline

including the rotation of tasks. The employer further agrees to follow the selection

procedures per the approved Standards consistent with the requirements set forth in 29 CFR

§ 30.10(b). This employer acceptance agreement will remain in effect until canceled

voluntarily or revoked by the Sponsor, Employer, or the Registration Agency. Upon request

NEZ PERCE TRIBAL EMPLOYMENT RIGHTS OFFICE/TYAP PROGRAM will email a copy of

the work schedule for the employer to review.

__________________________________________

Laatis Lawrence & Melvin Wheeler

Signed: _____________________________________

(On Behalf of Employer)

Signed: _______________________________________

(On Behalf of Sponsor)

Date:

Date:

(Print Name of Employer Representative)

(Print Name of Sponsor Representative)

Employer Title:

Name of Company:

Address:

City/State/Zip Code:

Phone Number:

Fax:

Email:

NAICS Code (Optional): ____________________________________________

Employer Identification Number (Optional): _______________________________________________

cc:

Registration Agency

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NEZ PERCE TERO/TYAP COMPLIANCE

PLAN

ATTACHMENT A

“DESCRIPTION OF TERO/TYAP COMPLIANCE REQUIREMENTS”

FINDINGS

Historically, Nez Perce Tribal members and other Indians have suffered discrimination in employment on and near

the Nez Perce Reservation. As a result, Indians were excluded from the employment market and when employed by

private sector employers, experienced discrimination; suffered poverty and high unemployment rates; lost

opportunities to learn needed skills or to participate in job training programs; lost opportunities for permanent/fulltime employment; weren't paid equal wages for equal work, to name a few of the consequences. To eliminate

discrimination and affirm that tribal members and other Indians on the Nez Perce Reservation will have preference

in employment and training opportunities the Nez Perce Tribe established a Title 9.

NEZ PERCE TRIBE TITLE 9

Nez Perce Tribe Title 9 addresses Contracting and Subcontracting and establishes the Tribal Employment Rights

Office/TERO Youth Apprenticeship Program and its authority to issue rules, regulations, and guidelines.

I.

EMPLOYMENT REQUIREMENTS

The intent of TERO/TYAP is to achieve employment and training opportunities for the local Indian workforce.

TERO/TYAP Law is provided for in the Equal Employment Opportunity Commission (EEOC) and other federal

laws. Pursuant to the Nez Perce Title 9, Indian Preference will be required on all employment and training

opportunities. All Core Crew and Key Employees, who will be utilized on this project, must be identified in this

TERO/TYAP Compliance Plan by name and title, with a complete description of duties each will be performing on

this project.

A.

CORE CREW: Owners, officers and directors of private employers or contracting entities who are

listed in such positions on the annual payroll for a minimum of one year continuously. An employee

who is hired on a project-by-project basis is not considered within the core crew. (Attach complete

description of duties each will perform on this project, including operation of equipment, and type/

model of equipment)

B.

KEY EMPLOYEE: Is defined as, an employee who occupies a supervisory position or one who

possesses a “specialized skill” and who performs a critical function, such that an employer would

likely risk financial damage or loss if unable to employ that person.

Such claim to have invested in the employee's skill level shall require written proof, including

resume of work history, certificates, licenses, etc. A complete description of duties for each “key

employee” listed must be attached to this TERO/TYAP Compliance Plan. TERO/TYAP will review

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the information submitted and make a determination. Employers who wish to utilize workers that

do not meet the definition “key employee” on this project must obtain approval by submitting a

“TERO/TYAP Waiver” (See Pg. 15 Attachment C).

C.

JOB OPPORTUNITIES: All job opportunities shall be considered opportunities. If a contractor has

employed an Indian worker on previous projects, or on a continuous basis, they may request that

worker by name. The TERO/TYAP will consider the employer's request only if the named

individual is currently unemployed and available, has a current skills bank application on file, and is

actively signing in at the TERO/TYAP Hiring Hall. It will be recommended that the employer, at

some point in time, begin identifying that Indian worker as “key personnel”.

D.

HIRING: The employer agrees to utilize the TERO/TYAP to fill their manpower request and must

provide a minimum of forty-eight (48) hours’ notice and a job description. The 48 hours will begin

on the date a Job Dispatch form is submitted to the TERO/TYAP (excluding weekends).

TERO/TYAP will attempt to accommodate the employer in the timeliest manner, matching the

specified needs with a TERO/TYAP referral who meets the minimum of qualifications.

TERO/TYAP will certify in writing when a qualified. TERO/TYAP referral is not available.

E.

TERO/TYAP DISPATCHING: All TERO/TYAP Referrals or “Dispatches” will be made from the

Hiring Hall listings of Local Indian Workforce. The hiring hall lists contain names of unemployed

Indian workers who have indicated that they are available for work and their skill. Once a name is

taken from the Hiring Hall List, the individual's work skills bank application will be reviewed to

match the skills requested by the employer. If that worker possesses the minimum threshold of

qualifications, then they are referred for the opportunity. All TERO/TYAP Referrals will report to

work with a TERO/TYAP Dispatch form in hand, unless a copy has been faxed/mailed/handdelivered prior to the referral's first day of work. The employer shall contact TERO/TYAP regarding

any worker who reports to the job site without a TERO/TYAP Dispatch Form in hand.

F.

TERO/TYAP DISPATCH FORM: Provides a space for the employer to give a brief job summary,

including company name, address and phone number, position title/classification, start date, start

time, rate of pay, anticipated length of employment, who to see, etc. The TERO/TYAP Referral or

“dispatch” shall sign the dispatch form to confirm that he/she has understood the requirements of

the job and the pay rate offered. All dispatch forms shall require dates and signatures of the

employer and a TERO/TYAP Representative. Unsigned forms will be considered invalid.

Employers should review the dispatch form and discuss it with the referral/worker his/her first day

of work. Any revisions to the work opportunity, identified on the original dispatch form, regarding

position/title, duties, rate of pay, etc. must be reported to TERO/TYAP prior to any revisions taking

place.

G.

LOCAL INDIAN WORKFORCE: Is defined as, an enrolled Indian worker who is a resident of the

Nez Perce Reservation or its immediate exterior boundaries.

H.

LOCAL PREFERENCE DISPATCHING: Local preference in dispatching shall apply for job

opportunities nearest to where the job is located. For example, if the job is located in Lapwai,

TERO/TYAP will dispatch job seekers from the Lapwai area. Unless the local workforce, in a

particular skill is unavailable, then a search for a worker with that skill will be sought from the next

tribal community (i.e. Orofino, Kamiah, etc.)

I.

HIRING HALL: The TERO/TYAP Hiring Hall is located at 102 Agency Road, in Lapwai, Idaho.

The Hiring Hall maintains sign in sheets contain the names of available, unemployed Indian

workers, who live on or near the Nez Perce Reservation. To use the TERO/TYAP Hiring Hall

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individuals must submit a copy of their tribal enrollment card, a current skills bank application, and

a copy of all licenses and certifications. It shall be the worker's responsibility to sign in at

TERO/TYAP once a week, by name, type of skill and to leave a reliable contact phone number. All

dispatches will come off the Hiring Hall lists of available workers.

J.

TRAINING: All training opportunities or Training Special Provisions (TSP) requirements must be

identified prior to the commencement of work activity on this project. Training opportunities shall

be filled through the same process described under Section B “Hiring,” and through coordination

with the TERO/TYAP Employment and Training Program component to locate individual(s) who

may already be in an apprenticeship program for which the opportunity will exist.

K.

WAIVERS: A TERO/TYAP waiver is an employer's written request for an employee who does not

meet the definition of “Core Crew” or “Key Employee” (See TERO/TYAP Waiver Form in

Attachment C). Employers are required to identify a work opportunity by submitting a

TERO/TYAP Dispatch form, prior to submitting a Waiver Request, as described in “Section C

Hiring.”

Written request, and supporting documentation (i.e. resume, proof of certifications/licenses, etc.)

must be submitted and approved by TERO/TYAP prior to the individual beginning work on the

above- described project. Any worker discovered on the job, who does not possess an approved

TERO/TYAP Waiver, shall constitute grounds for a “Notice of Violation” and possible sanctions

against the employer.

L.

LAY OFF: TERO/TYAP referred workers will have priority in all work opportunities. In the event

that a lay-off becomes necessary, an Indian worker with skills equal to a waived employee, and in

some cases a key employee, will be retained. Once work resumes, the TERO/TYAP referred

worker shall have the first opportunity to return to work, in the order in which they were referred

to the job. Daily TERO/TYAP Monitoring and a review of weekly certified payroll reports will be

made to assure that opportunities are not being eliminated by revising the duties of Core Crew Key

or Waived Employees.

M.

DISCIPLINARY ACTION: Employers must report any disciplinary action taken against a

TERO/TYAP referred worker in written form, providing name, date of incident(s), individual(s)

involved, names of witnesses, location of incident, etc. Any disciplinary action taken against an

Indian worker will be kept on record at TERO/TYAP.

N.

TERMINATION: Employers must discuss termination of an Indian worker with TERO/TYAP

prior to final action. In instances of deliberate acts of safety violation, damage to property, or acts

of violence the employer shall have the right to dismiss the employee immediately. Failure to

provide TERO/TYAP with a notice of impending termination for other matters may result in a

violation of this agreement.

O.

EMPLOYER POLICIES: The employer must submit a copy of its employee policies prior to the

commencement of work activity for TERO/TYAP review and approval. In case of any conflict or

dispute between company policy with the TERO/TYAP requirements, Nez Perce Tribal Law will

have primacy. An employer may be required to demonstrate that a challenged employment practice

is job-related for the position in question and consistent with business necessity.

P.

DRUG TESTING: Employment must be offered prior to requiring a “pre-employment” drug test.

The TERO/TYAP must be notified and provided a copy of the employer's pre-employment drug

testing policies. Documentation must be provided that drug testing is mandatory for all employees

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of this employer, and/or as a specification of the project contract. Documentation may be requested

indicating that all core crew and key employees have complied with the drug testing requirements

prior to the commencement of their work activity on this project.

II.

WAGE RATES/FRINGE BENEFITS/PAYROLL REPORTS

A.

AVAILABILITY OF WORK HOURS: Indian workers shall receive the same work hour

opportunities as the key personnel and waived workers. This includes regular and overtime hours.

B.

WAGES: The prime contractor and their subcontractor(s) must submit a table of wage to be paid.

TERO/TYAP Referrals must receive pay equal to the employer's key personnel and waived

workers performing the same duties/job descriptions.

Each worker must receive a paycheck with an explanation of work week, payroll number, regular

and over-time hours, and all deductions taken. General Laborer positions will be paid according to

the approved Project Wage Scale or the pay scale equal to that utilized by the company for

permanent/annual employees.

C.

FRINGE BENEFITS: TERO/TYAP Referrals will receive all benefits in cash unless the worker is

a union member. TERO/TYAP Referrals will not be required to join a union to procure or retain

employment.

D.

IDAHO STATE TAX EXEMPTIONS: For of determining whether an Indian worker is exempt

from paying Idaho State Taxes three rules must be met:

1.

2.

3.

The worker must present proof of enrollment with a federally recognized Indian tribe,

and

The work being performed must be performed within the boundaries of the Nez Perce

Indian Reservation, and

The worker must reside within the boundaries of the Nez Perce Reservation

It is recommended that each employer keep copies of the worker's enrollment card for their

company's tax records. Each enrolled Nez Perce tribal member is responsible for having their

proof of enrollment with them on the day they report to work. It is the employer's responsibility to

keep copies once they are provided this proof.

E.

CERTIFIED PAYROLL REPORTS: All Contractors and subcontractors must submit a weekly

certified payroll report. Certified payroll reports submitted to the contracting agency will not

satisfy this requirement. Payroll reports must contain the name, address, social security number,

classification/title, hourly rate, over-time rate, number of regular and over-time hours worked that

pay period and deductions for each worker the employer has on the project. Failure to submit

certified payroll reports on a weekly/timely basis will constitute grounds for a “violation”

and possible sanctions against the employer.

The Prime/General Contractor will be held responsible for their subcontractors and may face

sanctions for failure to meet the requirements of this section of the TERO/TYAP Agreement.

F.

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PAYROLL DEDUCTIONS: No payroll deductions indirectly or directly will be taken from the

full wages earned, other than permissible deductions outlined in the United States Federal Labor

and Standards Act (FLSA) and this TERO/TYAP Agreement.

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III.

G.

PAY DAY SCHEDULES: TERO/TYAP workers will receive their pay on the same day as the

employer's core crew and key employees. All employees must receive their paycheck for the

previous week's work hours no later than the close of the workday every Thursday or Friday

(whichever may be the last working day of the week for the employer).

H.

DISTRIBUTION OF PAYROLL: Payroll checks must not be distributed to anyone other than the

worker for whom the check is made out to. Unless the worker has given written permission to

release their check to a specifically named individual.

I.

SHOW UP TIME: Will be determined by TERO/TYAP on a case-by-case basis. Failure to

provide adequate notice of the cancellation of a workday may require the employer to pay show

up time.

J.

UNDERUTILIZED WORKERS: Shall be defined as a worker who is used on an on-call or a parttime basis. To address the need to earn a livable wage, an underutilized worker will receive a

minimum of two (2) work hours when called to report to work, or for each time they're required to

be at their workstation.

CONTRACTING AND SUBCONTRACTING

Indian Preference in Contracting and Subcontracting opportunities on projects located on or near the Nez Perce

Reservation is allowed through the authority delegated by or recognized by the United States Congress through

federal enactments, rules and regulations promulgated for the benefit of Indians. The General Contractor and

Subcontractor shall give preference to Nez Perce TERO/TYAP Certified Indian Business (CIB), all subcontracting

opportunities on this project. A list of Nez Perce Certified Indian Businesses is attached or available from

TERO/TYAP. TERO/TYAP CIBs are subject to the same terms of this agreement and required to submit a

compliance plan and agreement for TERO/TYAP approval prior to the start of work activity.

IV.

A.

NOTIFICATION OF SUBCONTRACTING OPPORTUNITY: Contractor’s bidding on projects

on or near the Nez Perce Reservation must provide notification to TERO/TYAP providing the

name of the project, project owner, funding source, location and listing of subcontract

opportunities. Once it has been determined that the project is located on the Nez Perce

Reservation, contractors must provide copies of “notice of subcontracting opportunity” the

contracting entity must show, at a minimum that it notified all Certified Indian businesses (listed

in the register maintained by the Office as performing work of the kind sought to be contracted for

by the contracting entity) via certified mail, with sufficient time and sufficient information to

make a reasonable bid, with proof of mailing. If you do not wish to use the attached form, provide

copies of letters notifying CIBs of opportunity and attach U.S. Post Office certified mail receipts.

Notification must be made in good faith, providing adequate information about the scope of work

opportunity and timeline for response. (SEE ATTACHMENT D NOTICE OF

SUBCONTRACTNG OPPORTUNITY)

B.

RESPONSE TO NOTICE OF SUBCONTRACTING OPPORTUNITY: Once the timeline for

response to the “Notification of Subcontracting Opportunity” has elapsed, provide TERO/TYAP

with a written explanation of the results. TERO/TYAP will retain a copy in the project file.

RELIGIOUS ACCOMMODATION

In concurrence with the Native American Indian Religious Freedom Act, the employer agrees to provide reasonable

accommodation to Native American Indians who wish to exercise their rights under the Act. TERO/TYAP will

assist the employer in identifying “reasonable accommodation.”

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V.

PROJECT MONITORING

TERO/TYAP will monitor this Compliance Plan and Agreement through on-site inspections. On-site visits will be

conducted in a manner which causes minimal interruption to the workforce duties and project. Any possible

violation will be documented and reported to the employer for immediate resolution. Continuous violation may

result in sanctions against the employer, including monetary sanctions of up to $500 per day per violation, back pay

for lost opportunity and as last resort, a stop work order.

VI.

COMPLAINTS

A.

ON-THE-JOB CONFLICTS: TERO/TYAP Dispatches are advised to make complaints for

incidents occurring on the job through the procedures outlined in the employer policies prior to

filing a complaint with TERO/TYAP. The employer must provide notice to TERO/TYAP once a

complaint is filed and provide information on the action taken to resolve the matter and final

disposition of the matter once it is settled.

B.

DISCRIMINATION: If a TERO/TYAP Dispatched worker feels they have been discriminated

against because of they are Indian and have been treated unfairly by the employer or the employer

representatives (e.g. core crew, key personnel) they may file a complaint with TERO/TYAP. The

complaint must be employment related.

COMPLAINT INVESTIGATION: TERO/TYAP will investigate complaints through on site

investigation, by interviewing witnesses, collecting written statements and review of supporting

evidence. Employees providing statements to TERO/TYAP will not be penalized for time taken to

give a brief statement or for cooperating with the investigation. TERO/TYAP will attempt to make

interruption in work activity at the minimum.

VII.

Failure to complete this compliance plan thoroughly and submit prior to the commencement of

work on the above-described project will be construed as a refusal to comply and may result in a

“notice of violation.” The Nez Perce TERO/TYAP will make every effort to work cooperatively

with the employer named on this agreement. However, when willful disregard for these

requirements are evident, the sanctions afforded will be utilized to the fullest extent of the law.

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NEZ PERCE TERO/TYAP COMPLIANCE

PLAN

ATTACHMENT B

“DISPATCH FORM”

“EMPLOYEE DISPOSITION FORM”

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NEZ PERCE TERO/TYAP DISPATCH FORM

FOR OFFICE USE ONLY:

No. Requested:

Date Submitted:

Interview Only

Direct Referral

DISPATCH INFORMATION (TO BE COMPLETED BY TERO/TYAP)

Name:

Social Security #:

Address:

City:

Phone:

Reliable Message #:

State:

Zip.

EMPLOYER INFORMATION (TO BE COMPLETED BY EMPLOYER)

Company Name:

Project:

Mail Address:

City:

Phone:

State:

Fax:

Zip:

Cell/Shed:

Email:

JOB SUMMARY (TO BE COMPLETED BY EMPLOYER)

Classification/Title:

Hourly Pay Rate:

Fringe Benefit Rate:

Start Date:

Time:

Whom to report to:

Title:

AM

PM

Job Length:

Brief job summary:

Tools/Equipment required:

Employer will provide the following:

EMPLOYER SIGNATURE:

DATE:

UNDERSTANDING & ACCEPTANCE (TO BE SIGNED BY DISPATCHED WORKER)

I have reviewed and understand that I am being dispatched to the above-named company for the stated job classification/title, at no less than the hourly rate

of pay stated. I understand that TERO/TYAP does not issue payroll for the above-named company, and questions regarding pay, pay days or any discrepancy

of pay related matters, I must first attempt to resolve the matter with my employer. If issues cannot be resolved TERO/TYAP will intervene upon receipt of

written complaint. I further understand that it is my responsibility to carry proper identification with me when I report to work for employer tax purposes, and

proof of citizenship. I also understand that it is not TERO/TYAP’s responsibility to provide my proof of enrollment, or any other identification required.

The employer is required to deduct Idaho State Taxes unless the following requirements apply to me: l.) I am an enrolled member of a federally recognized

Indian Tribe; 2.) I am working and reside on the Nez Perce Reservation; 3.) I am responsible for providing this proof.

I further understand that I may be required to submit to pre-employment and random drug testing and hereby authorize my employer to

release information to TERO/TYAP regarding the results, should these requirements result in my exclusion for this job opportunity.

I HEREBY ACCEPT THIS JOB DISPATCH

I DECLNE THIS DISPATCH

DISPATCH SIGNATURE:

DATE:

TERO/TYAP OFFICIAL:

DATE:

MAIL OR FAX COMPLETED FORMS TO: TERO/TYAP, P.O. Box 365. Lapwai. ID 83540 or FAX: (208) 843-7365

The Nez Perce Tribal Executive Committee has authorized the planning and implementation of the Child Support Enforcement Program (CSEP)

under the Nez Perce Tribal Court.

The TERO/TYAP will send a copy of your Dispatch to CSEP regarding Child Support.

____________________________________________

(Signature acknowledging that you have read the information regarding Child Support.)

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FINAL DISPOSITION OF TERO/TYAP REFERRED & WAIVED EMPLOYEES

PROJECT: ______________________________________________________________________________________________________

EMPLOYER NAME: _____________________________________________________________________________________________

EMPLOYEE NAME: ________________________________________ JOB/TITLE/CLASS: ___________________________________

(Please check one or more)

TODAY'S DATE:

JOB START DATE:

INTERVIEWED

HIRED

Full-time

Part-Time

On Call

Subject to recall

NOT HIRED

JOB COMPLETED Last day worked: ____/____/____

TERMINATED

Date of termination: ____/____/____

Reason for termination:

Safety Violation

Work Ethics

No call/No show

Other

Briefly explain:

Would you rehire this employee? :

YES

NO

NOT SURE

RATE THIS EMPLOYEE, ON A SCALE OF 1-10, ON THE FOLLOWING:

Attendance

Knowledge of skills required for the job/classification for which they were referred

Knowledge of proper use of tools or equipment required for this position

Used time productively

Ability to work cooperatively with others

Attitude

COMMENTS (required) :

AUTHORIZED EMPLOYER REPRESENTATIVE

I understand that the information provided above will be kept in the strictest of confidentiality, and is to be used to assist TERO/TYAP in

assessing the level of skill and training needs of TERO/TYAP referred workers.

Employer Representative:

PLEASE RETURN TO:

Date:

Nez Perce TERO/TYAP

P.O. Box 365

Lapwai, ID 83540

Ph: (208)843-7363

DATE RECEIVED: ____/____/____ BY: ___________________________________________

Nez Perce TERO/TYAP Representative

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NEZ PERCE TERO/TYAP COMPLIANCE PLAN

ATTACHMENT C

“WAIVER FORM”

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NEZ PERCE TERO/TYAP WAIVER REQUEST FORM

FOR OFFICE USE ONLY

DATE RECEIVED:

BY:

Project:

Employer:

Name & Title of Person making request:

Address:

Phone:

Fax:

Cell/Shed:

INFORMATION RE: WAIVED EMPLOYEE

Name:

Social Security #:

Address:

Phone:

Position to be waived:

Licenses or Certificates (Provide Copies):

This waiver request is being submitted because:

This is a specialized skill which requires licensing or certification for which I have invested time and finances into the training,

certification, or licensing of the individual to be waived: (Attach supporting documentation).

This opportunity was identified, prior to making this request and TERO/TYAP did not have a referral who met the qualifications required

and advised me to file a waiver request.

Other: ________________________________________________________________________________________________________

________________________________________

Date:_________________________

Authorized Employer Signature

APPROVED

DISAPPROVED EFFECTIVE DATES: ____/____/____ TO ____/____/____

________________________________________

Date: _________________________

Authorized TERO/TYAP Signature

* NOTE: A TERO/TYAP DISPATCH FORM MUST BE SUBMITTED TO TERO/TYAP PRIOR TO MAKING A WAIVER REQUEST

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NEZ PERCE TERO/TYAP COMPLIANCE PLAN

ATTACHMENT D

“NOTICE OF SUBCONTRACTING

OPPORTUNITY FORM”

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DATE: ______/______/______

NOTICE OF SUBCONTRACTING OPPORTUNITY

PROJECT INFORMATION

Project Name:

Project No.:

Location:

Project Owner:

Project Funding Source:

CONTRACTOR NFORMATION

Name:

Address:

Contact:

Title:

Phone:

Fax:

Email:

This form is a request for bids on the above-described project, located on the Nez Perce Indian Reservation. Our company was referred to your company by

the Nez Perce Tribal Employment Rights Office (TERO/TYAP), and we look forward to receiving a bid. If you would take a moment and fill out the

following item(s), it would assist this company in fulfilling its obligation to provide subcontracting opportunities for Nez Perce TERO/TYAP Certified

Indian Businesses.

Bid opening date is: _____/_____/_____ and this company will welcome bids up until _____/_____/_____

Time: __________________________

AM

PM

Thank you for your time and response.

Please note the division (i.e., framing, drywall, trucking, site prep, etc.) that your company would be interested in bidding on:

AUTHORIZED SIGNATURE FOR PRIME CONTRACTOR:

RESPONSE FROM TERO/TYAP CERTIFIED INDIAN BUSINESS

Upon notification of this opportunity, our company requested, received or were given the opportunity to review the description of work to be bid on:

YES

NO

If yes, date received: _____/_____/_____

Our company has DECLINED the opportunity to bid on the above-named division/project

Our company BID and were given the opportunity to negotiate for the above division

COMMENTS:

TERO/TYAP CERTIFIED INDIAN BUSINESS INFORMATION

Company Name:

CIB #:

Owner Name/Contact:

Title:

Address:

Insurance/Bonding Company:

Phone:

Fax:

____________________________________________

Cell/Email:

Date: _____/______/______

TERO/TYAP CERTIFIED INDIAN BUSINESS OWNER

cc:

Nez Perce TERO/TYAP

U.S. Postal

Fax

Hand Delivered

Other

Date Sent/Delivered to TERO/TYAP: ______/______/______

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NEZ PERCE TERO/TYAP COMPLIANCE PLAN

ATTACHMENT D

“CERTIFIED INDIAN BUSINESS LIST”

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