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.