32.17.010 Special Tero Rules for Large Tribal Construction Projects

For construction projects in amounts over $500,000, where the Tribe, the Turtle Mountain Housing Authority or any other tribal agency or instrumentality solicits bids for section of one or more prime contractors, the following special TERO rules shall apply:

(a) For all such projects which the entity soliciting bids for one or more prime construction contractors has appointed a project team to oversee the project the TERO Director shall serve as a non-voting member of the project team during the pre-bid and construction phases of the project.

(b) For all such projects, the minimum numerical goals and timetables for Indian employment under Section 32.04.030 for the prime contractor(s)and all subcontractors and the approved plan for how the contractor or subcontractors are to meet these goals under this ordinance shall not be finalized by the TERO Director or Commission or become legally effective until approved by the project team for that project, and no TERO enforcement proceedings (including the conduct of hearings under Section 32.07.050 and the imposition of penalties under Chapter 32.08 or application for tribal court action there under) shall be initiated by the TERO Director or Commission as to said projects until cleared by the project team.

(c) All written requests for pre-bid interpretations of TERO requirements received by the TERO office on such projects shall be answered in writing by the TERO office or the Tribe's legal counsel for the project after clearance of said answers by the tribal project manager for the project.

(d) All day-to-day TERO office functions including, but not limited to, compliance review, hiring hall, labor survey, employee referral, hiring plan negotiations and other TERO efforts to secure TERO compliance through informal means, shall continue to apply to such projects as otherwise set out in this ordinance.