Every contract to which the city is a party shall be made and
executed in the name of the city and approved as to form by the corporation
counsel, and signed and acknowledged by the head of the department
charged with the execution of the matter therein provided for.
Except for contracts which are to be paid for with funds provided
by local assessment, no contract hereafter made, shall be binding
or enforceable unless the comptroller shall endorse thereon a certificate
that there remains a sufficient balance of the applicable appropriation
or fund to pay the obligation under the contract in compliance with
its terms.
There shall be no unnecessary division of any contract or purchase
by split voucher or otherwise, designed to evade any requirements
of this act as to advertising.
Where the head of the department or of any city agency certifies
in writing that owing to unforeseen contingencies in the carrying
out of any contract for any work or improvement any additional work
is necessary for the completion thereof, the council may authorize
the same by a three-fourths vote of its membership. No extra work
shall be ordered or authorized by the head of any department, or agency,
or by the council, except as in this section provided.
No bid shall be accepted from nor any contract awarded to any
person or corporation who is in arrears to the city upon debt or contract
or who is a defaulter, as surety or otherwise, upon any obligation
to the city. Every department, board and agency of the city of Buffalo
shall submit a written report to the common council, the comptroller,
and the corporation counsel of any defaults in contracts within their
respective jurisdictions, specifying the name of the contractor, the
names of the principal officers or partners, the nature of the contract,
the amount involved and all other pertinent details with respect to
such default. The city clerk shall keep a permanent record of such
reports indexed by the name of the firm or corporation and by the
names of the principal officers or partners as submitted by the department.
No contracts made in violation of sections 22-2, 22-3, 22-4 or 22-5, shall be binding on the city, and each officer of the city who executes or assists in the execution or carrying out of any such contract, and the comptroller, if he or she makes a false certificate, shall be subject to removal from office, and any remedy to which the contracting party may be entitled for any expense the contractor may incur in the performance of such contract, or for any damage he may sustain by reason of the execution thereof, shall be solely against such officer or officers, in his, her or their individual capacities.
There shall be fair and reasonable opportunity of competition
in the advertising for, contracting for and purchase of any patented
article or pavement.
Every department, board or agency of the city of Buffalo, within
five days after granting of any extension of time to complete any
contract within their jurisdiction, shall submit to the common council,
the comptroller, and the corporation counsel, a written report as
to such extension specifying the original time for completion, any
extensions previously granted, the number of days of the extension
therein reported, the reasons therefor and all other pertinent details
with respect to the granting of such extension.
Every contract hereafter awarded pursuant to bids shall contain
a provision prohibiting the assignment of such contract or the subcontracting
of any part of the work or services thereunder by the successful bidder
to any other person, firm or corporation by whom a proposal was submitted
to the city for the same contract.
