§ 7A-16. Requirements for authorization of independent contractors.

A. 

All contractors and their independent contractors, as authorized herein, that commence work pursuant to a Town contract issued by a Town awarding agency where such compensation is funded, in whole or in part, by the Town shall comply with the following provisions herein and shall complete a sworn affidavit (under penalty of perjury), the form of which shall be established by the Town Attorney's office, certifying compliance with the following:

(1) 

Prior to any contractor hiring or retaining an independent contractor to perform any portion of the contract work, the contractor must submit to the commissioner of the authorizing Town department or to the Town-retained engineer the name of the independent contractor, and the work to be performed.

(2) 

The contractor shall be required to and shall have obtained the written approval of the Commissioner of the authorizing Town department prior to the hiring or retaining of any independent contractor in connection with the Town contract;

B. 

The independent contractor shall be prohibited from hiring or retaining any other independent contractor or subcontractor to perform the work. The independent contractor shall submit a completed sworn affidavit, under penalty of perjury, the form of which shall established by the Town Attorney's office, certifying that said independent contractor does not have any employees as defined under applicable law, including New York State Labor Law, Article 8 and Article 9, and New York State Workers' Compensation Law, and that said independent contractor performs the contract work alone.

C. 

The Town's authorization for the hiring or retaining of an independent contractor and the independent contractor's affidavit of compliance shall be submitted in accordance with § 7A-17 herein and at such other times as requested by the Town awarding agency.