7474 S. Camino De Oeste Tucson, AZ 85757 (520)879-5669 FAX (520)879-5670
Whereas, it is the policy of the Pascua Yaqui Tribe (hereinafter "Tribe") to require all
CONTRACTORS working for the Tribe to give employment preference to Indians and to comply
with specific TERO requirements and the TERO Ordinance, and;
Whereas, a CONTRACTOR working or proposing to engage in work for the Pascua Yaqui Tribe
must obtain a written agreement from the Tribal Employment Rights Office (TERO) stating that the
CONTRACTOR will comply with the specific TERO requirements and the TERO Ordinance, and;
Whereas, the __________________________________________________ (hereinafter
CONTRACTOR) is proposing to engage in work for the Pascua Yaqui Tribe.
Therefore, the Pascua Yaqui Tribe and the _____________________________________
(CONTRACTOR) do hereby enter into the following agreement in satisfaction of the Tribal policy:
1. The CONTRACTOR agrees to give absolute preference to Indians in all phases of
employment including recruiting, hiring, training, promotion, pay increase, transfer, layoff and
termination. Indians will be given preference in obtaining any apprentice or training positions on the
specific work project. This means that for any job on the specific work project, except previously
identified and agreed upon key personnel of the CONTRACTOR, a qualified Indian will be given
preference over a qualified non-Indian for all work performed for the Tribe.
2. If the CONTRACTOR determines that an Indian applicant is not qualified for the job, it shall
inform the Indian applicant and the TERO, in writing, of the specific skills lacking and the type of
training that person would need to be qualified.
3. The CONTRACTOR agrees that before beginning work for the Tribe it will provide written
notice to the TERO, two weeks in advance of the start of any work, including; date of project work to
begin, anticipated length of the project, expected number of jobs to be performed by skill category, if
construction work, number of apprentice and journey level slots, with ratio by skill category, basic
qualifications for each skill category (e.g., years of experience, education level, specific skills, etc.).
4. The CONTRACTOR agrees to provide weekly payroll reports to the TERO showing the
following information on all Indians and non-Indian workers: name, social security, address, wage or
salary paid (hourly, weekly, depending upon method of computing), total hours worked, skill
category or job title, and racial/minority designation.
7474 S. Camino De Oeste Tucson, AZ 85757 (520)879-5669 FAX (520)879-5670
5. The CONTRACTOR agrees to advise the TERO immediately of any personnel problems
encountered with any referred Indian employees and agrees that no referred Indian worker shall be
fired or laid off without first notifying the TERO. If a referred Indian employee's behavior is
disrupting or unduly delaying the work being performed on the job site, the referred Indian employee
may be temporarily suspended until the problem is discussed with the TERO. In no case shall
resolution be delayed beyond 48 hours.
6. The CONTRACTOR agrees that no qualified referred Indian employee shall be laid off while
there is a non-Indian employee remaining in the job category.
7. The CONTRACTOR agrees to provide the TERO, in writing, an Indian Preference Plan, no
later than two weeks prior to beginning work for the Tribe. This Plan shall include: (a) recruiting,
outreach, and affirmative action steps to be taken to hire Indian people; (b) by skill category, total
number of jobs to be performed; and (c) basic qualifications needed to fill each job category.
8. The CONTRACTOR hereby agrees to comply with the Tribal Employment Rights Ordinance.
9. The Tribe and its Tribal Employment Rights Office (hereinafter TERO) agrees to seek
qualified Indians for jobs and refer them to the CONTRACTOR. The CONTRACTOR agrees to post
all jobs, listed by skill category, qualifications, and dates of expected employment, with the TERO in
writing, in advance of need, in case of construction jobs, and five working days in advance for non-
construction jobs to be performed.
10. The TERO agrees to provide and refer dependable, productive workers, work in full
cooperation with the CONTRACTOR to meet the Indian Preference plan's goals and timetables,
conduct site inspections as deemed necessary, and examine CONTRACTOR payroll records when
necessary to confirm payroll reports.
11. Key personnel/positions (Excluding trade positions) to be working on the Project are:
Position Name
7474 S. Camino De Oeste Tucson, AZ 85757 (520)879-5669 FAX (520)879-5670
Authorized CONTRACTOR Official Tribal Employment Rights Officer
Print Name and Title Printed Name
Date Date