Creating a Purchasing Contract
Departments have primary responsibility for your contracts. Work with contract specialists in your department to start work on a purchasing contract and see it through to signatures and payment.
Contact the Attorney’s Office for legal support, including:
- Requests for edits or legal changes from the contractor
- Unlocking the template documents for edits
- Questions about contract templates
For small requests – such as how to fill out a section, or requests for minor legal changes from the contractor – email your assigned Assistant City Attorney. For larger requests, fill out one of these forms:
Templates for Purchase of Services (POS)
Select the right POS contract template. If there was an RFP or RFB, use the same POS contract type as the sample you attached to the RFP or RFB. Make sure to download a fresh copy from the template page.
Make sure you:
- Fill in all the blanks in the template. Do not send a contract for signature with any blanks.
- In Section 1 and the signature page - type the full, legal business name of the contractor.
- In Section 3, label and describe all attachments/exhibits. Go to Attachment Tips below.
- In Section 4, Term and Effective Date, read the choices and select and complete the one that best describes the “term” or duration of your contract.
- In Section 5, Contract Price, read the choices and select and complete the one that best describes how your contract will be paid, and fill in the blanks.
- In Section 13.B, Affirmative Action Articles of Agreement, make sure the contractor checks one box in Article IV.
- In Section 15, enter your Department Head name, mailing address and email and make sure the Contractor section is filled out.
- Fill out the template electronically if possible, and avoid handwriting.
- Do not include edits, tracked changes, strikeouts, or comment bubbles in the final contract.
- Remove the Instruction Page and instruction notes throughout, such as “label and attach exhibits here”.
- Signature page: Check and update names of city signers as needed. It’s okay if this is missed; the person signing can cross out the old name and write in the correct name.
Attachment Tips
Do not sign or attach legal terms from the contractor, unless approved or negotiated by the City Attorney. Some technology contracts require the contractor’s legal terms; work with the City Attorney.
Every POS contract should have at least one attachment to describe what you are getting. Identify useful, relevant documents, and list them in Section 3. Contract attachments might include:
- Statement or Work (SOW) or Scope of Services: Description of services, products, or both. Be specific about what you are getting, when the contractor must deliver it, roles, deadlines, etc.
- Payment information: Complete section 5 first. Then decide if you are attaching any other documents with payment details, such as a payment schedule, when the Contractor may invoice the City, and when the City must pay. Common payment exhibits:
- Quote, just make sure to remove any vendor legal terms or links to online legal terms.
- Price proposal from the Contractor (if the City accepted it without changes, or a BAFO.)
- Custom payment schedule if you’re making partial payments on a milestone basis, or deliverable-based schedule.
- Parts of RFP and Proposal: Relevant parts of the City’s RFP or the Contractor’s Proposal can be useful contract documents. Just be sure to remove any blank forms, or duplicative, incorrect, or outdated information.
- Legal attachments (if needed): Such as a HIPAA Business Associate Addendum or a Grant Agreement that apply to the purchase. Contact the Attorney’s Office with questions.
- Specialty documents for software or technology contracts, like an SLA or SAQ.
Do not attach these:
- Resolution
- Certificate of Insurance
- Cover letter from vendor (unless it has important information not found elsewhere)
- Irrelevant parts of the City RFP or the contractor’s proposal, such as references, blank forms, sample contracts, or parts of the proposal that you rejected or negotiated changes to.
- Scoring document from your RFP or any information about the other bidders.
How to label attachments:
- Identify everything you want to attach.
- Choose a word and numbers or letters such as “Attachment A” or “Exhibit 1, Exhibit 2,” etc. Type this title at the top of the first page of each attachment.
- Make a list of all attachments or exhibits in Section 3. Make sure this is identical to what you titled each attachment.
- Attach them to your contract, after the signature page, in the order listed in Section 3. Your contract, including attachments, should be a single PDF.
Affirmative Action Plans
When using a POS contract, or any other contract template that has an Affirmative Action clause, make sure the correct Affirmative Action box is checked in Article IV, before routing the contract for signature.
- The vendor can only check Box A if they already have an approved AA plan on file.
- If the vendor checks Box B, they must submit a plan and get it approved by Civil Rights within 30 days of the contract start date, or you cannot pay.
- Boxes C and D can be used only if the vendor believes they are exempt.
If the vendor has questions, refer them to the POS contract Instruction Page and share the Affirmative Action Plan Vendors page. You can also reach out to the Affirmative Action specialist in Civil Rights with questions or concerns.