General Contract Terms & Conditions

The City's Contract Terms & Conditions

Contract Terms and Conditions:

The City mandates standard terms and conditions for vendors when purchasing goods and services commensurate with the specific good or service provided and the type of award.

Who has Authority to Sign a Contract and/or Purchase Order?:

A contract or purchase order is only binding if an authorized representative of OCA signs the document. In the case of a written contract agreement, the City will have at a minimum, the signature of the City Purchaser (or designee), as well as the Deputy City Attorney, department head and the vendor. For a purchase order, only OCA is authorized to sign and execute the document.

Ordinances That Affect Contracting:

Ordinance:

Code Section:

Applies to:

Requirements:

Contract clause?

For more information:

Business tax

Chapter 21, section 21.14

 

All purchases

If a vendor should register with the Tax Collector but has not, then the City cannot purchase from the vendor.

No

Tax Collector,
(415) 554-6718

Earned Income Credit

Chapter 12O

All purchases

Vendor must make employees aware of EIC.

Yes

 

False Claims

Chapter 21, section 21.35

All purchases

Imposes liability if a vendor files a false claim for payment or approval of payment against the City.

Yes

 

First Source Hiring Program

Chapter 83

 

Contracts over $50,000 if the vendor is working in Alameda, San Francisco or San Mateo counties

Requires vendor to negotiate an agreement with the FSHA and to consider people referred by the City for entry-level positions.

Yes

First Source Hiring Administrator, (415) 401-4960

Food Service Waste Reduction

Environment Code, Chapter 16

All purchases

Restricts the types of food containers and utensils a vendor may use.

Yes

Dept. of the Environment,
(415) 335-3700

Guaranteed Maximum Costs

Chapter 21, section 21.19

 

All purchases

Notifies vendors that City's obligation shall not exceed the amount of the contract.

Yes

 

Health Care Accountability Ordinance (HCAO)

Chapter 12Q

 

Contracts for services of $50,000 or more and lasting at least one year

Vendor must provide health care to employees working on the City contract.

Yes

Office of Labor Standards Enforcement,
(415) 554-6235

Limitations on Contributions

Campaign and Governmental Conduct Code, Article 1, Chapter 1, section 1.126

All purchases

Prohibits vendor from making campaign contributions to any government official that has approval authority over the contract.

Yes

 

Local Business Enterprise (LBE) Ordinance

Chapter 14B
 

All purchases

Depts. apply a bid discount for certified LBEs. Subcontracting programs apply to service contracts. Compliance declaration required of all service vendors.

Yes

Unit Representative,
(415) 252-2520

MacBride Principles

Chapter 12F

 

All purchases

None. City encourages vendors to abide by the MacBride Principles, which relate to Northern Ireland.

Yes

 

Minimum Compensation Ordinance (MCO)

Chapter 12P

 

Service contracts of $50,000 or more

Vendors must provide time off to employees working on the City contract.

Yes

Office of Labor Standards Enforcement,
(415) 554-6235

Nondiscrimination in Contracts (Equal Benefits)

Chapter 12B

Almost all purchases

If a vendor doesn't comply, the City can award a contract only if CMD grants a waiver.

Yes

Human Rights Commission,
(415) 252-2500

Preservative-treated wood containing arsenic

Environment Code, Chapter 13

All purchases

Restricts purchase of wood.

Yes

Dept. of the Environment,
(415) 335-3700

Prohibition on Political Activity with City funds

Chapter 12G

 

All purchases

City funds may not be used to influence a political campaign for a candidate or ballot measure.

Yes

 

Protection of private information

Chapter 12M

 

All purchases

Neither the City nor a vendor or subcontractor shall release private information except under specified conditions.

Yes

 

Public Access to Meetings and Records

Chapter 12L

 

Non-profits that receive at least $250,000 in City funds in a single year

Vendor must provide access to specified records.

Yes

 

Resource Conservation

Environment Code, Chapter 5

All purchases

Vendor must make efforts to conserve resources.

Yes

Dept. of the Environment,
(415) 335-3700

Slavery Era Disclosure

Chapter 12Y

Purchases of insurance, textiles or banking services

Requires vendor to investigate company history.

Yes

 

Sunshine Ordinance

Chapter 67, section 67.24(e)

 

All purchases and bids

Defines which records are public records and so must be disclosed upon request.

No, but we include one anyway to inform bidders and vendors.

Sunshine Ordinance Task Force
(415) 554-7724

Sweatfree Contracting Ordinance

Chapter 12U

 

Purchases of garments and apparel, over $25,000 and longer than 3 months

Requires purchases of products made under most sweatfree conditions.

Yes

Purchasing, (415) 554-6743

Tropical hardwood and virgin redwood ban

Environment Code, Chapter 8, Section 804(b)

All purchases

Restricts purchases of hardwoods and redwood.

Yes

Dept. of the Environment,
(415) 335-3700