US Laws, Codes, Statutes & Cases

 
    §  328. Registration of contracts by the comptroller.  a.  No contract
  or agreement executed pursuant to this charter or  other  law  shall  be
  implemented until (1) a copy has been filed with the comptroller and (2)
  either  the  comptroller  has  registered it or thirty days have elapsed
  from the date of filing, whichever is sooner, unless  an  objection  has
  been filed pursuant to subdivision c of this section, or the comptroller
  has grounds for not registering the contract under subdivision b of this
  section.
    b.    Subject  to the provisions of subdivision c of this section, the
  comptroller shall register a contract  within  thirty  days  unless  the
  comptroller has information indicating that:
    i.   there   remains  no  unexpended  and  unapplied  balance  of  the
  appropriation  or  fund  applicable  thereto,  sufficient  to  pay   the
  estimated  expense  of  executing  such  contract,  as  certified by the
  officer making the same;
    ii.    that  a  certification  required  by  section   three   hundred
  twenty-seven of this chapter has not been made; or
    iii.   the proposed vendor has been debarred by the city in accordance
  with the provisions of section three hundred thirty-five.
    c.  The comptroller may, within thirty days of the date of  filing  of
  the  contract  with  the  comptroller's office, object in writing to the
  registration of the contract, if in the comptroller's judgment there  is
  sufficient  reason  to  believe that there is possible corruption in the
  letting of the contract or that the proposed contractor is  involved  in
  corrupt  activity.  Such objection shall be delivered within such thirty
  day period to the mayor setting forth in  detail  the  grounds  for  the
  comptroller's  determination.    After  the   mayor has responded to the
  comptroller's objections  in  writing,  indicating  (i)  the  corrective
  actions if any, that have been taken or will be taken in response to the
  comptroller's  objections,  or  (ii) the reasons why the mayor disagrees
  with the comptroller's objections, the mayor may require registration of
  the contract despite the comptroller's objections.  Such response by the
  mayor shall not  serve  as  the  basis  for  further  objection  by  the
  comptroller,  and the comptroller shall register the contract within ten
  days of receipt of the mayor's response.
    d.  The requirements of this section shall not apply to
    (1) an emergency contract awarded pursuant to  section  three  hundred
  fifteen  or to an accelerated procurement as defined under section three
  hundred twenty-six, provided that  the  agency  shall,  as  soon  as  is
  practicable, submit any such contract to the comptroller for an audit of
  the  procedures  and  basis  for  the  determination  of the need for an
  emergency or accelerated procurement, or
    (2) a contract awarded pursuant to this chapter for the  provision  of
  goods,  services  or  construction that is not to be paid for out of the
  city treasury or out of moneys under the control of the  city,  provided
  that  the  board of the entity awarding such a contract shall within ten
  days of awarding contract, file a copy of such contract and any  related
  materials specified by the mayor, with the mayor or the mayor's designee
  for purposes of section three hundred thirty-four of this charter.