5.25.060 Subcontractors.
The Indian preference requirements contained in this division shall be binding on all subcontractors of covered employers, regardless of a subcontractor’s size, and shall be deemed a part of all resulting subcontract specifications. A subcontractor may be held liable for violations of this division.
(a) For large construction projects, subcontractors should meet and negotiate their own Indian preference plan with the TERO Officer. The subcontractor is to be treated in the same manner as a contractor under this division. Both the subcontractor and the contractor can be held jointly and severally liable for any violation of the subcontractor’s TERO permit or Indian preference plan and both may be subject to sanctions, including a stop work order or monetary civil penalty. Because the Tribe may not be the contracting entity with the subcontractor, the contractor is encouraged to work cooperatively with TERO to ensure the subcontractor meets compliance obligations. [Ord. 58 § 4406, amended, 5/9/2019; Ord. 34 § 4406, adopted, 2/6/2014.]