For purposes of this article, the following
definitions shall have the following meanings as set forth herein:
AWARDING AGENCY
The Town Board or authorized department or authorized person
of the Town that is responsible for solicitation of bids, quotes or
proposals and responsible for the award and administration of applicable
contracts.
COMPENSATION
The payment of monies to any person, including but not limited
to a contractor or subcontractor, for any Town public work project.
CONTRACT
Any contract, agreement, requisition, purchase order or work
order that involves the employment of laborers, workmen or mechanics
for public work, as defined under New York State Labor Law, Article
8 (and any amendments thereto); and any contract, agreement, requisition,
purchase order or work order involving work performed by building
service employees, as defined under New York State Labor Law Article
9 (and any amendments thereto).
CONTRACTOR
Any person awarded a contract by the Town awarding agency
subject to the requirements of Article 8 or Article 9 of the New York
State Labor Law, and the requirements of the Workers' Compensation
Law (and any amendments thereto).
COVERED EMPLOYEE
The employment of any laborer, worker or mechanic covered
under Article 8 or building service employees covered under Article
9 of the New York State Labor Law, and any amendments thereto, which
requires the payment of prevailing wages as applicable.
INDEPENDENT CONTRACTOR
Any owner-operated business having a direct contract with
a contractor to perform work in connection with a Town contract, as
authorized by the Town in writing.
PERSON
One or more of the following: any individual, owner, entity,
corporation, agent, company, parent company, subsidiary, limited-liability
company, substantially owned affiliated entity, successor, partnership,
joint venture, association, legal representative or any other form
of doing business.
SUBCONTRACTOR, AUTHORIZED
A person, as approved by the Town in writing, having a direct
contract with the contractor involving any part of a Town contract.
The requirements under this article shall apply
as follows:
A. All Town contracts for the construction, replacement,
maintenance and repair of public works, as defined under New York
State Labor Law, Article 8 (and any amendments thereto), and any Town
contract performed by building service employees, as defined under
New York State Labor Law Article 9 (and any amendments thereto), which
said contracts are entered into, renewed or amended after the effective
date of this article.
B. All contracts, subcontracts or contracts with independent
contractors, as authorized by the Town, which involve any portion
of the Town contract work, entered into, renewed or amended after
the effective date of this article.
C. All awarded Town contracts shall set forth the obligations
as enumerated in this article.
The Commissioner of Finance, together with the
Town Attorney, shall promulgate such rules and regulations, as it
deems necessary and appropriate, for the implementation and enforcement
of any provisions of this article.
If any clause, sentence, paragraph, subdivision,
section, or part of this article or the application thereof to any
person, individual, corporation, firm, partnership, entity, or circumstance
shall be adjudged by any court of competent jurisdiction to be invalid
or unconstitutional, such order or judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section,
or part of this article, or in its application to the person, individual,
corporation, firm, partnership, entity, or circumstance directly involved
in the controversy in which such order or judgment shall be rendered.