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CONTRACT FOR SERVICES
THIS
CONTACT FOR SERVICES is made and entered into the ___
day of
___, 2006, by and between (the “Organization”) and (“Grantsmanship
Institute”).
WITNESSED:
NOW,
THEREFORE, in consideration of the premises and the mutual covenants and
conditions herein contained, the ORGANIZATION and Grantsmanship Institute agrees as follows:
Term:
This Contract and Grantsmanship Institute's performance hereunder
shall be for a period of six months commencing January 1, 2006 and
terminating June 30, 2006, unless sooner terminated pursuant in further
Paragraph.
Duties of Grantsmanship Institute
shall provide the services set forth in the Statement of Work, which is
attached hereto as Exhibit A and made a part hereof, and such other
services as the parties may hereafter agree in writing.
Duties
of the ORGANIZATION: The ORGANIZATION may provide the following to
Grantsmanship Institute in connection with Grantsmanship Institute's performance of services hereunder:
Printing of all material produced by Grantsmanship Institute in
connection with the performance of their services to the ORGANIZATION
hereunder. Qualified, competent personnel to assist Grantsmanship
Institute in connection with the performance of their services
hereunder.
Accessibility and availability, as deemed necessary by an authorized
office of the ORGANIZATION, to business and financial information to
assist Grantsmanship Institute in connection with their
performance of their services hereunder.
Consideration: As compensation for Grantsmanship
Institute agreement to provide services hereunder, the ORGANIZATION
shall pay Grantsmanship Institute the amount of $75 per hour for
research (See Exhibit B for explanation) times the number of hours
submitted per month, and approved by the ORGANIZATION, payable by the
tenth of each month. The maximum number of hours the Consultant will be
paid for in any month period is 20 hours per week. The Consultant shall
receive a standard fee of $2,500 (federal) for each grant
submitted, as approved for submittal by the ORGANIZATION and in accordance
to the set deliverables for the billing period as outlined in the
Statement of Work. Grantsmanship Institute shall also be allowed
to include a “Grants Management Fee” as a line item into the budget of
each grant the Consultant writes for the ORGANIZATION. The “Grants
Management Fee” shall not exceed 7% of the total grant budget or $3,500,
whichever is the lesser. Grantsmanship Institute shall be paid
the “Grants Management Fee” only if the grant is awarded with the
approval of the Grants Management
Fee line item in the budget.
Grantsmanship Institute shall submit to the ORGANIZATION, a
detailed invoice to the ORGANIZATION for the number of hours worked during
the billing period, along with the deliverable, as described in the Statement of Work, by the 1st of the following month.
Grantsmanship Institute shall not receive any remuneration’s from the
ORGANIZATION, until such time as all invoices and/or discrepancies have
been corrected, settled, and approved by the ORGANIZATION.
Expenses and Charges: Grantsmanship Institute may not incur or
bill expenses as needed in conjunction with the performance of their
services pursuant to this contract to the ORGANIZATION.
Independent Consultant: The parties understand and agree that
Grantsmanship Institute shall at all times be considered and independent
consultant, rather than a co-venture, agent, employee or officer of the
ORGANIZATION, and that Grantsmanship Institute shall not hold
themselves out to the public as a co-venture, agent, employee, or officer
of the ORGANIZATION. Grantsmanship Institute shall develop their
business by whatever means and methods that they deems necessary and at
their own discretion. Grantsmanship Institute shall be free to
devote to their business such portion of their time, energy, effort and
skills they see fit without interference from the ORGANIZATION except
where otherwise referenced in this Contract. Grantsmanship Institute's work schedule shall be determined solely by
Grantsmanship Institute, except whereas the ORGANIZATION requests limited
accessibility during its operating hours. In conducting their business,
Grantsmanship Institute:
(I) Shall not be subjected to control or supervision by the ORGANIZATION,
(II) Shall work on an irregular basis,
(III)
Shall work at such times as they elect, and
(IV)
Shall work at such locations as they elect.
The
ORGANIZATION acknowledges and agrees that Grantsmanship Institute
may engage, directly or indirectly, in any business that Grantsmanship
Institute may determine, and is not required to devote all
their energies and attention exclusively for the benefit of the
ORGANIZATION. Since Grantsmanship Institute shall fulfill their
responsibilities independent of, and without supervisory control by the
ORGANIZATION, Grantsmanship Institute shall not be subject to the
provisions of any rules applicable to employees of the ORGANIZATION. The
Consultant shall make no false or misleading representations with respect
to the ORGANIZATION.
Nothing contained in this Contract shall be regarded by creating any
relationship between the parties other than independent consultant
relationship set forth herein. Grantsmanship Institute hereby
agrees not to claim or assert, or to support third party assertion of the
existence of, an employer/employee or joint venture relationship between
Grantsmanship Institute and the ORGANIZATION. As an independent,
Grantsmanship Institute, understands, agrees, and acknowledges
that they are responsible to secure, at their own cost and/or expense,
worker’s compensation and any other insurance as may be appropriate or
required by law.
Grantsmanship Institute shall have no authority (I) to bind the ORGANIZATION in any
manner for any purpose or (ii to assume or create any obligation of any
kind, expressed or implied, on behalf of the ORGANIZATION.
The
ORGANIZATION will not provide, nor will it be responsible to pay for any
benefits for Grantsmanship Insitute, including but not limited
to health insurance, paid vacations, paid holidays, paid sick leave or
disability insurance coverage of whatever nature. Any such benefits shall
be secured and paid for by the Consultant, herself.
The
parties agree that the payments from the ORGANIZATION to Grantsmanship
Institute (I) constitute ordinary income to Grantsmanship Institute, (II) are deductible from the federal gross income
of the ORGANIZATION as an ordinary and necessary business expense under
Section 162 of the Internal Revenue Code of 1986, as amended, and (III) do
nor constitute wages for purposes of the Federal Income Contributions Act
(FICA) but constitute earnings from self-employment for purposes of FICA.
Grantsmanship Institute hereby acknowledges that, as an
independent consultant (non-employee), they are responsible for the
payment of all their own federal income taxes and self-employment taxes
together with any and all corresponding state, local, and county taxes,
and Grantsmanship Institute hereby agrees to meet such
responsibilities. Grantsmanship Institute hereby waives and
releases any claims they have or may have against the ORGANIZATION now or
in the future respecting such taxes or in the failure of the ORGANIZATION
to withhold, pay or contribute to such taxes on behalf of Grantsmanship
Institute. Such waiver and release are material
consideration for this Contract. The parties agree to file tax returns and
pay taxes consistent with such intentions, to resist (and cooperate with
each other in resisting) any assertion to the contrary by any government
agencies, and to indemnify each other from and against any loss or expense
by reason of breach of such agreement. Such agreement and obligations
shall survive termination or expiration of this contract.
Confidentiality of the ORGANIZATION'S Information: Grantsmanship Institute acknowledges being advised that certain data, materials and
information may be disclosed to them hereunder by the ORGANIZATION.
Grantsmanship Institute agrees to protect the confidentiality of
the aforementioned information and to not disclose it or discuss it with
other parties without the prior consent of the ORGANIZATION; provided,
however, that:
In the
event Grantsmanship Institute receives a subpoena or other
validly issued administrative or judicial process or order requesting the
release of the aforementioned information, Grantsmanship Institute shall provide prompt notice to the ORGANIZATION of such
receipt, and Grantsmanship Institute shall thereafter be entitled
to comply with subpoena or other process to the extent permitted by law.
Grantsmanship Institute shall not be liable for disclosures of
the aforementioned information if such disclosures occur despite
Grantsmanship Institute exercise of the same degree of care, which they
use to protect their own like information.
Grantsmanship Institute may use or disclose information
(including, but not limited to. ideas, concepts, know how, techniques, and
methodologies) (I) previously known to them, (II) independently developed
by them, (III) acquired by them from a third party which is not, to their
knowledge, under an obligation to the ORGANIZATION not to disclose such
information, or (iv) which is or becomes publicly available through no
breach of the Contract.
Ownership of Documents and Materials:
All original final plans and reports and other formal original documents
prepared or developed by Grantsmanship Institute pursuant to this
Contract (the “Deliverables”) shall, upon the ORGANIZATION tendering of
all amounts payable hereunder, become the exclusive property of the
ORGANIZATION. Grantsmanship Institute shall; however, be entitled
to retain their work papers and any other materials developed hereunder
that are not defined herein as Deliverables. Except as provided below, use
of the Deliverables, other than related to the performance by
Grantsmanship Institute of their services hereunder, without the prior
consent of the ORGANIZATION is prohibited. This Contract shall not,
however, preclude Grantsmanship Institute from developing other
original documents for themselves, or for others, which are based upon
ideas, concepts, know how, and techniques related to the scope of
Grantsmanship Institute services and used in the course of providing their
services to the ORGANIZATION (provided they contain no specific
identifiable elements unique to the ORGANIZATION or its operations)
irrespective of their similarity to the Deliverables which may be
delivered to the ORGANIZATION pursuant to this Contract.
Termination: Either party hereto may terminate this
Contract and Grantsmanship Institute performance hereunder by
providing the other with at least thirty days prior written notice of
termination, provided, however, that this Contract and Grantsmanship
Institute performance hereunder shall immediately terminate
in the event the ORGANIZATION’S funding is decreased or terminated.
Successors and Assignees:
This Contract and all its terms, covenants and conditions shall be binding
on, insure to the benefit of and be enforceable by the parties hereto and
their respective successors and assignees.
Governing Law: This Contract shall be construed in
accordance with and governed by Colorado Law, and suit, if any, must be
brought in the State of Colorado.
Waivers and Amendments:
This Contract may be amended, superseded, canceled, renewed or extended,
and its terms or covenants may be waived, only by a written instrument
executed by the parties hereto, in the case of a waiver, executed by the
party waiving compliance. The failure of any party at any time to require
performance of any provision hereof shall in no manner affect its right at
a later time to enforce the same. No waiver by any party or the breach of
any term or covenant contained in this Contract, whether by conduct or
otherwise, in any one more instances, shall be deemed to be, or construed
as, a further or continuing waiver of any breach, or a waiver of the
breach of any similar or dissimilar term or covenant contained herein, at
the same or any prior or subsequent time. The parties reserve the right,
by mutual written consent, to amend, modify, supersede, and cancel this
Contract, or to waive the terms or conditions hereof, without the consent
of any other person (natural or otherwise) not a party to this Contract.
Entire
Contract: This Contract sets forth the entire understanding and agreement
between the parties hereto with respect to the subject matter hereof and supersedes
all prior agreements, arrangements and understanding, written or oral,
relating to the subject matter hereof.
Invalidity: The invalidity or lack of enforceability of any provision of
this Contract shall not effect the validity and continuing effectiveness
of any provision hereof
Headings: The headings contained in this Contract are for reference
purposes only and shall not affect the meaning or interpretation of this
Contract.
Counterparts: This Contract may be executed simultaneously in several
identical counterparts, each of which shall be deemed an original but all
of which together shall constitute on and the same instrument. In making
proof of this Contract, it shall not be necessary to produce or account
for more than one such counterpart.
IN
WITNESSES WHEREOF, the Consultant and the ORGANIZATION has executed this
Contract for services as of the date and year first written above.
By
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By
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Good Research Skills