(a) Indian Preference Plan. Upon being selected for a contract and prior to commencing work, a contractor shall negotiate an Indian preference plan with the TERO Officer. The Indian preference plan shall include key employees, anticipated project occupational classifications, and Indian preference goals for the general contract and any subcontracts. For subcontracts, the contractor shall indicate proposed subcontractors and, if the subcontractor is not an Indian firm, evidence of steps taken to identify Indian firms.

(b) Labor Force Reports. Upon commencing work, to submit to TERO weekly labor force reports, in a form acceptable to TERO, indicating the number of Indian and non-Indian employees, pay rates, fringe benefits paid, hires, terminations, layoffs, promotions, pay increases, reprimands, and results in achieving Indian preference goals. TERO maintains discretion to require such reports on a more or less frequent basis and to require additional information.

(c) Payroll Reports. Upon request by TERO, to submit to TERO weekly payroll reporting forms, in the format then in use by the California Department of Industrial Relations, for all employees. TERO may also require submission of canceled payroll checks and check stubs.

(d) Nonresponsive Bidder. A contractor who fails to secure a TERO permit within a reasonable amount of time as determined by the TERO Officer shall be considered a nonresponsive bidder for the purpose of awarding the contract.

(e) Primary Responsibility for TERO Compliance. A contractor shall have initial and primary responsibility for ensuring that it and all of its subcontractors comply with these requirements. A contractor may be held jointly and severally liable for violations of this division by its subcontractors. [Ord. 58 § 4405, amended, 5/9/2019; Ord. 34 § 4405, adopted, 2/6/2014.]