a. Any contract, except as otherwise provided in this section, shall not be binding or of any force, unless the comptroller shall indorse thereon the comptroller's certificate that there remains unexpended and unapplied a 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.
b. In contracts for the purchase of food supplies, forage, fuel, printing, stationery, books and other supplies required for daily or continuous use, or of supplies, materials and equipment needed for use immediately after the beginning of the next succeeding fiscal year, to be delivered within a period of one year from the date thereof, the comptroller shall indorse thereon the comptroller's certificate that there remains unexpended and unapplied a balance of the appropriation or fund applicable thereto, sufficient to pay the estimated expense of executing such contract in so far as the same is to be executed during the current fiscal year, as certified by the officer making the same. Upon the first of the following fiscal year the comptroller shall certify by indorsement upon such contract as to the portion of such contract then unexecuted, and such certification by the comptroller shall make any such contract binding and of full force.
c. It shall be the duty of the comptroller to make such indorsement upon every contract so presented to him or her, if there remains unapplied and unexpended the amount so specified by the officer making the contract, and thereafter to hold and retain such sum to pay the expense incurred until such contract shall be fully performed. Such indorsement shall be sufficient evidence of such appropriation or fund in any action.
d. The provisions of this section shall not apply to supplies, materials and equipment purchased directly by any agency pursuant to subdivisions (c) and (d) of section three hundred forty-four of the charter.
a. Each agency shall require and enforce the faithful performance of every contract made by it.
b. If the contractor or contractors shall fail in any respect to fulfill the contract within the time limited for its performance, then the agency in charge thereof shall complete the same in the manner provided for in the contract. The cost of such completion shall be a charge against such delinquent contractor or contractors.
c. If any work shall be abandoned by any contractor, the appropriate agency, if the best interest of the city be thereby served, and subject to the approval of the board of estimate, may adopt all subcontracts made by such contractor for such work. All subcontractors shall be bound by such adoption. The agency shall readvertise and relet the work specified in the original contract, exclusive of so much thereof as shall be provided for in the subcontracts so adopted.
a. It shall be unlawful for the comptroller to release any contractor from any fine or penalty incurred under a contract, except upon the unanimous recommendation of the board of estimate.
b. The board of estimate may, by resolution, authorize the comptroller to dispose of such cases without reference to or further action by the board where the sum released does not exceed five hundred dollars.
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