On Going Projects
Tribal Labor Agreement
Compliance
Plan Agreement
Indian Employment Tax Credit
Minimum Construction Wage Scale
Native American Owned Business Registry
Native American Owned Business Registry-Mailing Label
Contractors
and Sub-Contractors Responsibilities
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The following outlines the TERO expectations and
responsibilities placed on all contractors and subs doing work on or near the
Tulalip Indian Reservation. This document should be read carefully, along with
TERO Ordinances #60 & #89. If you have any questions or concerns contact a
TERO Compliance Officer.
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TERO ACKNOWLEDGMENT:
Requirement: The contractor/employer must comply with all rules and
regulations as set forth in the TERO Ordinance. This agreement will be affirmed
in writing and will be signed and dated by the TERO Manager. Furthermore, if a
project is expected to be of one month duration or more, the contractor must
arrange a pre construction meeting with the TERO Manager or TERO Compliance
Officers prior to submitting a Compliance Plan to the TERO department.
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TERO LIAISON:
Requirement: All contractors and employers must designate a responsible
company official to coordinate all employment, training and contracting related
activities with the TERO department to ensure that the company is in compliance
with the TERO Ordinance during all phases of the project.
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NATIVE AMERICAN OWNED BUSINESS REGISTRY:
Requirement: The TERO Office maintains a certified Native American Owned
Business Registry. All the businesses on the registry need to be given the
opportunity to bid on any projects that they are qualified for. If they
are with in 10% of the lowest bid, you need to negotiate to see if they can
reduce their price. But the fact remains that the bid will be awarded on:
price, quality and capability.
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TERO COMPLIANCE PLAN:
Requirement: All contractors, sub-contractors and employers must have an
approved written compliance agreement filed, negotiated and approved by the
TERO Office prior to commencement of any construction activities on the
Tulalip Reservation. There is a 1.75% TERO fee on any projects over $10,000 to
be paid in full or negotiated with the TERO Compliance Officers.
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COMPLIANCE PLAN WORKFORCE/KEY EMPLOYEE:
Requirement: Contactors/employers shall be required to hire and maintain
as many TERO/Native American preference employees as apply for and are qualified
for each craft or skill.
Exception: Prior to commencing work on the Tulalip Indian Reservation
the prospective employer, contractor and sub-contractors shall identify key,
regular and permanent employees.
Key employee: One who is in a top supervisory position or performs a
critical function such that an employer would risk likely financial damage or
loss if that task were assigned to a person unknown to the employer. A maximum
of 25% of the work force may be considered key. A key employee has been
on the employers' or contractors' annual payroll for a period of one year
continuously in a supervisory capacity, or is an owner of the firm. An employee
who is hired on a project-by-project basis shall not be considered a key
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TERO HIRING HALL & RECRUITMENT EFFORTS:
Requirement: The contractor or employer is required to contact the TERO
Office for recruiting and placement services on all non-key positions. The TERO
Office shall be given a minimum of (78) seventy-eight hours to furnish a
qualified referral. Furthermore contractors and employers are required to
provide the TERO with a written list of their projected workforce needs, job
classifications, openings, hiring policies, rate of pay, experience/skill
requirements, employment screening procedures and anticipated duration of
employment.
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NATIVE PREFERENCE:
Requirement: While working on, or near the Tulalip Tribes the
contractors and employers must give preference to qualified, native applicants
for all employment positions. The order of preference shall be given to the
following persons in the following enumerated order:
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Tulalip Tribal Veterans
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Tulalip Tribal Members
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Spouses of Tulalip Tribal Members
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Other Natives
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Spouses of other Natives
Exception: Where prohibited by applicable Federal Law, the above order
of preference set out in subsection 4.2, shall not apply. In such cases
preference shall be given in the following enumerated order:
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Natives who are local residents
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Other Natives
Requirement: If the TERO Office is unable to refer an adequate number of
qualified, preferred employees for a Contractor, TERO will notify the
Contractor who may fill the remaining positions with non-TERO workers. When
this occurs, TERO work permits may be valid for one month from the date
of issuances and may be renewed. Work permits are non-transferable.
Requirement: When work permits are issued, the contractor is still
required to notify the TERO Office of all future job openings on the
project so that qualified, preferred employees have an opportunity to be
dispatched.
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JOB QUALIFICATIONS, PERSONNEL REQUIREMENTS & RELIGIOUS
ACCOMODATIONS:
Requirement: An employer may not use any job qualification criteria or
personnel requirements which serve as barriers to the employment of Natives
which are not required by business necessity. The TERO department will review
the job duties and may require the employer to eliminate the personnel
requirements at issue. Employers shall also make reasonable accommodation to
the religious beliefs and cultural traditions of Native workers.
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TRAINING:
Requirement: Contractors/Employers may be required to develop on the job
training opportunities and/or participate in Tribal or local training programs,
including upgrading programs, and apprenticeship or other trainee programs
relevant to the employer's needs.
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LAY-OFFS:
Requirement: In all lay-offs and reductions in force, no preferred
employee shall be terminated if a non-preferred employee worker in the same job
qualifications is still employed. If an employer lays-off workers by crews, all
qualified Native workers shall be transferred to a crew to be retained.
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DISCIPLINARY ACTIONS & TERMINATIONS:
Requirement: Prior to the discipline or termination of any TERO Employee
the contractor or employer shall notify a TERO Compliance Officer. The
Compliance Officer will then request verification that:
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The TERO Employee has received one or more warnings
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The TERO Employee has been counseled regarding the areas in which they
deficient
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The TERO Employee has been given an opportunity to improve their performance
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NOTE:
The TERO Office is here to help in any way we can. Communication with the TERO
Compliance Officers is very important in that it will help ensure the job to
run smoothly.
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