Fillable Printable Consulting Service Sample Contract

Consulting Service Sample Contract

CONTRACT FOR CONSULTING SERVICES

“Insert Name of the Position”

THIS CONTRACT (“Contract”) is entered into this [Insert the Date] by and between

[Insert the institution Name] (“the Client”) having its principal place of business at

[Insert the City or region Name] – West Bank, and [Insert the consultant Name] (“the

Consultant”).

WHEREAS, the Client wishes to have the Consultant performing the services hereinafter

referred to, and

WHEREAS, the Consultant is willing to perform these services,

NOW THEREFORE THE PARTIES hereby agree as follows:

1. Services (i) The Consultant shall perform the services specified in Annex

A, “Terms of Reference and Scope of Services,” which is

made an integral part of this Contract (“the Services”).

(ii) The Consultant shall provide the reports listed in Annex B,

“Consultant's Reporting Obligations,” within the time

periods listed in such Annex, and the personnel listed in

Annex C, “Cost Estimate of Services, List of Personnel and

Schedule of Rates” to perform the Services. Not Applicable

2. Term The Consultant shall perform the Services during the period

commencing [Insert the contract validation period (from)] and

continuing through [insert the contract ending Date (to)] or any

other period as may be subsequently agreed by the parties in writing.

3. Payment A. Ceiling

For Services rendered pursuant to Annex A, the Client shall

pay the Consultant an amount not to exceed a ceiling of

[Insert the contract amount during the period] US $ (write the

contract amount in words). This amount has been

established based on the understanding that it includes all of

the Consultant’s costs and profits as well as any tax

obligation that may be imposed on the Consultant. The

payments made under the Contract consist of the

Consultant's remuneration as defined in sub-paragraph B

below and of the reimbursable expenditures as defined in

sub-paragraph C below.

B. Remuneration

The Client shall pay the Consultant for Services rendered at

the rate(s) per man/month spent, in accordance with the

rates agreed and specified in Annex C, “Cost Estimate of

Services, List of Personnel and Schedule of Rates.”

C. Reimbursables – Not Applicable

The Client shall pay the Consultant for reimbursable

expenses, which shall consist of and be limited to:

(i) Normal and customary expenditures for official

travel, accommodation, printing, and telephone

charges; official travel will be reimbursed at the cost

of less than first class travel and will need to be

authorized by the Client’s coordinator;

(ii) Such other expenses as approved in advance by the

Client’s coordinator.

D. Payment Conditions

Payment shall be made in US Dollars not later than 7 days

after the end of each month following submission of

invoices in duplicate to the Coordinator designated in

paragraph 4.

4. Project

Administration

A. Coordinator

The Client designates [Insert the client coordinator Name]

as Client’s Coordinator; the Coordinator shall be responsible

for the coordination of activities under the Contract, and for

approving payments.

B. Timesheets

During the course of their work under this Contract,

including field work, the Consultant may be required to

complete timesheets or any other document used to identify

time spent, as instructed by the Project Coordinator.

C. Records and Accounts (Not Applicable)

The Consultant shall keep accurate and systematic records

and accounts in respect of the Services, which will clearly

identify all charges and expenses. The Client reserves the

right to audit, or to nominate a reputable accounting firm to

audit, the Consultant’s records relating to amounts claimed

under this Contract during its term and any extension, and for

a period of three months thereafter.

5. Performance The Consultant undertakes to perform the Services with the highest

Standard standards of professional and ethical competence and integrity.

6. Confidentiality The Consultants shall not, during the term of this Contract and

within two years after its expiration, disclose any proprietary or

confidential information relating to the Services, this Contract or the

Client’s business or operations without the prior written consent of

the Client.

7. Ownership of

Material

Any studies, reports or other material, graphic, software or

otherwise, prepared by the Consultant for the Client under the

Contract shall belong to and remain the property of the Client. The

Consultant may retain a copy of such documents and software.

8. Consultant Not

to be Engaged

in Certain

Activities

The Consultant agrees that, during the term of this Contract and

after its termination, the Consultants and any entity affiliated with

the Consultant, shall be disqualified from providing goods, works or

services (other than the Services or any continuation thereof) for any

project resulting from or closely related to the Services.

9. Insurance The Consultant will be responsible for taking out any appropriate

insurance coverage.

10. Assignment The Consultant shall not assign this Contract or Subcontract any

portion of it without the Client's prior written consent.

11. Law Governing

Contract and

Language

The Contract shall be governed by the law(s) in effect in the parts of

West Bank and Gaza under the jurisdiction of the Palestinian

Authority, and the language of the Contract shall be English

Language.

12. Dispute

Resolution

Any dispute arising out of this Contract, which cannot be amicably

settled between the parties, shall be referred to

adjudication/arbitration in accordance with the laws of the Client’s

country.

13 Termination

13.1 By the

Client

The Client may terminate this Contract if the Consultants are unable to

perform a material portion of the Services for a period of not less than thirty

(30) days

(a) if the Consultants do not remedy a failure in the performance of their

obligations under the Contract, within thirty (30) days after being

notified or within any further period as the Client may have

subsequently approved in writing,

(b) if the Consultants become insolvent or bankrupt;

perform a material portion of the Services for a period of not less than

sixty (60) days, or

(d) if the consultant, in the judgment of the client has engaged in corrupt

or fraudulent practices in competing for or in executing the Contract.

For the purpose of this clause:

“corrupt practice” means the offering, giving, receiving, or soliciting

of any thing of value to influence the action of a public official in the

selection process or in contract execution.

“fraudulent practice” means a misrepresentation of facts in order to

influence a selection process or the execution of a contract to the

detriment of the Borrower, and includes collusive practice among

consultants (prior to or after submission of proposals) designed to

establish prices at artificial non-competitive levels and to deprive the

Borrower of the benefits of free and open competition.

(e) if the Client, in its sole discretion, decides to terminate this Contract.

13.2 By the

Consultants

The Consultants may terminate this Contract, by not less than thirty (30)

days’ written notice to the Client, such notice to be given after the

occurrence of any of the events specified in paragraphs (a) and (b) of this

Clause 13.2:

(a) if the Client fails to pay any monies due to the Consultants pursuant to

this Contract and not subject to dispute pursuant to Clause 7 within

forty-five (45) days after receiving written notice from the

Consultants that such payment is overdue; or

(b) if, as the result of Force Majeure, the Consultants are unable to

perform a material portion of the Services for a period of not less than

sixty (60) days.

13.3 Payment

upon

Termination

Upon termination of this Contract pursuant to Clauses 13.1 or 13.2, the

Client shall make the following payments to the Consultants:

(a) remuneration pursuant to Clause 3 for Services satisfactorily

performed prior to the effective date of termination;

(b) except in the case of termination pursuant to paragraphs (a) ,(b) and d

of Clause 13.1, reimbursement of any reasonable cost incident to the

prompt and orderly termination of the Contract, including the cost of

the return travel of the Personnel and their eligible dependents.

FOR THE CLIENT FOR THE CONSULTANT

[Insert the institution Name] [Insert the position Name]

[Insert the name of authorized signatory] [Insert the Consultant Name]

Signature Signature

LIST OF ANNEXES

Annex A: Terms of Reference and Scope of Services

Annex B: Consultant’s Reporting Obligations (Not Applicable)

Annex C: Cost Estimate of Services, List of Personnel and Schedule of Rates

Annex A

[Insert the TOR]

ANNEX C

Cost Estimate of Services, List of Personnel and Schedule of Rates

(1) Remuneration of Staff

Name

Rate

(per month in

currency) US$

Time spent

(month)

Total

(currency)

US$

[Insert the position

name]

[Insert the

consultant

Name]

[Insert the

monthly rate

Name]

[Insert the

contract

period]

[Insert the

total

amount of

contract]

[Insert the

total

amount of

contract]

(2) Reimbursables – Not Applicable

Rate Days Total

(a) International Travel N.A N.A

(b) Local Transportation N.A N.A

0.00