Section 328. Registration of contracts by the comptroller  


Latest version.
  • 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.