IRS Indian Employment Credit Form 8845 and Instructions
The following outlines the TERO expectations and responsibilities placed on all contractors and sub-contractors doing work on or near the Tulalip Indian Reservation and on Tribal projects off Reservation. If you have any questions or concerns contact a TERO Compliance Officer.
Requirement: The contractor/employer must comply with all rules and regulations as set forth in the TERO code 9.05. This agreement will be affirmed in writing and will be signed and dated by the TERO Manager.
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 TERO.
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 within 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.
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 and on Tribal projects off 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.
COMPLIANCE PLAN WORKFORCE/KEY EMPLOYEE:
Requirement: Contractors/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 20% 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 employee.
TERO HIRING HALL AND 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 seventy-two (72) 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.
Requirement: While working within Tribal jurisdiction 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:
- Enrolled Tulalip Tribal members
- Spouses, parent of a Tribal member child, biological child born to an enrolled Tulalip Tribal member, current legal guardian of a Tribal member dependent child (with a proper letter of temporary or permanent legal guardianship from a court), or a Tribal member in a domestic partner relationship (with documentation).
- Other Natives/Indians shall mean any member of a federally recognized Indian tribe, nation or band, including members of federally recognized Alaskan Native villages or communities.
- Spouse of federally recognized Native American
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:
- Natives who are local residents
- 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.
Requirement: The contractor is 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.
JOB QUALIFICATIONS, PERSONNEL REQUIREMENTS AND RELIGIOUS ACCOMMODATIONS:
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.
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.
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.
DISCIPLINARY ACTIONS AND TERMINATIONS:
Requirement: Prior to the discipline or termination of any TERO employee, the contractor or employer shall consult with the TERO Compliance Officer to see if they can resolve the issue.
The TERO Office is here to help in any way it can. Communication with the TERO Compliance Officers is very important to help ensure the job runs smoothly.