5.25.030 Certification of an Indian firm.
(a) Burden of Demonstrating Satisfaction of Eligibility Requirements. An entity claiming that it is an Indian firm and seeking certification shall have the burden to demonstrate to the TERO Officer, by a preponderance of the evidence, that it satisfies Indian firm eligibility requirements. Indian ownership must be real, substantial, and continuing, going beyond pro forma ownership of the entity as reflected in ownership documents.
(b) Application for Certification. An entity shall submit an Indian firm certification application, in a form acceptable to TERO, and proof of the entity’s Indian ownership, which shall include, but not be limited to:
(1) Evidence that the entity is at least 51 percent owned by an Indian or at least 51 percent owned by a federally recognized tribe;
(2) Evidence that at least 51 percent of all profits will flow to the Indian owner during all portions of the contract or subcontract;
(3) Evidence that the Indian owner maintains management control; and
(4) The entity’s name, address, and telephone number.
(c) Documentation of Indian Ownership. To establish Indian ownership or maintain certification, the TERO Officer may require an entity to submit the following:
(1) Current bank and tax records, incorporation documents, joint venture agreements, or partnership agreements documenting the share of Indian ownership;
(2) Certification that an Indian owner is a member of a federally recognized tribe; and
(3) Documents demonstrating that an Indian owner is an entity of a federally recognized tribe, such as articles of incorporation, a tribal ordinance or resolution establishing the entity, or certification by an appropriate authority of the federally recognized tribe that the entity is tribally owned;
(4) Such other documents as may be reasonably necessary to establish that Indian firm eligibility requirements are satisfied.
(d) Certification. Upon satisfactory evidence that the requirements are met, the TERO Officer shall certify the entity as an Indian firm. The TERO Officer maintains sole authority to certify an entity as an Indian firm.
(e) Certified Indian Firms. TERO shall maintain a list or database of certified Indian firms that classifies such Indian firms by major group using the North American Industry Classification System standard. TERO shall confirm certification of an Indian firm upon a contractor’s request.
(f) Ongoing Obligations. An Indian firm maintains ongoing obligations to ensure that Indian firm eligibility requirements are satisfied. The TERO Officer maintains discretion to revoke Indian firm certification upon finding that Indian firm eligibility requirements are not being met.
(g) Expiration of Certification. An Indian firm must resubmit a certification application every two years to remain in good standing. [Ord. 58 § 4403, amended, 5/9/2019; Ord. 34 § 4403, adopted, 2/6/2014.]