Contract

AGREEMENT FOR PROFESSIONAL SERVICES

 

THIS AGREEMENT is made this _____ day of ________, 2012,

by and between $CLIENT of $CLIENTLOC

hereinafter referred to as “the Client”

and David Axel Kurtz, resident of Cambridge, Massachusetts,

hereinafter referred to as “the Contractor”

It is mutually agreed between the Client and the Contractor as follows:

1. Duration and Termination

A) This Agreement shall be considered in force as of the signatory date

B) This Agreement shall continue in effect until terminated by either party.

C) This Agreement is subject to termination by either party on thirty (30) days prior written notice.

2. Performance

The Contractor agrees to perform services as an independent contractor on behalf of the Client. The Client agrees to assist the Contractor in the performance of any and all such services which he performs. The Client agrees to provide payment to the Contractor for any and all services based upon the formula herein explicated. The Client agrees to refer to the Contractor as “$TITLE” and to engage no other individuals or organizations to fulfill any of the responsibilities for which the Contractor has been engaged.

Their further responsibilities are outlined below.

3. Responsibilities of the Contractor

The Contractor’s duties shall include:

a. Preparing and submitting grant applications on behalf of the Client

b. Performing research as to grantmakers and potential funders

c. Compiling said research into a searchable databse

d. Building a searchable calendar for all grants and related deadlines

e. Maintaining said calendar throughout the year

f. Advising the Client of the success or failures of all the Contractor’s efforts

g. Advising the Client of the status of all agreements and duties entered into as a result of seeking or accepting grans

h. Performing any and all reportive duties as required by these grantmakers, as are within his power to perform

i. Assisting the Client in performing any required reportive duties that must be performed by the Client

j. Acting as the primary liaison between the Client and grantmakers

k. Representing the Client in a warm and professional manner at all times

It shall be understood that the Contractor’s goal shall be to secure for the Client grant monies in excess of four times the Contractor’s salary. This amount is approximated to the total of $GOAL.

4. Responsibilities of the Client

The Client’s duties shall include:

a. Making available to the Contractor any and all documents and information which he deems related to the execution of his duties

b. Providing at all times a complete and honest description of the state of affairs of the Client, its membership, finances, legal status, and other relevant information

c. Providing at all times a complete and honest description of the state of affairs of the Client as regards their legal and fiscal obligations, including but not limited to those related to such grants, donations, or like contracts entered into between the Client and other individuals or organizations

d. Fulfilling at all times any and all obligations entered into by the Contractor on behalf of the Client, particularly those obligations entered into as a result of grants or funds solicited by the Contractor on behalf of the Client

e. Fulfilling at all times any and all financial responsibilities to the Contractor as are occasioned by his solicitation of grants or funds on their behalf, based upon the criteria outlined below.

It shall be understood that the Client shall provide the Contractor with its full faith and support throughout his engagement thereby.

5. Payment for Services

a. The Contractor agrees to perform these services on behalf of the Client in exchange

for a salary rate of $RATE dollars per hour.

b. The Contractor shall invoice the Client on a weekly basis with a complete and accurate enumeration of his hours worked

c. Pursuant to the Client’s bookkeeping methods, the Contractor shall $INVOICE_METHODS

d. The Contractor shall hereby waive any and all claim to overtime, or any other modulations of this base salary amount based upon an excess of hours worked

e. The Contractor shall abide by the following restrictions in the number of billable hours he incurs:

i. No more than twenty (40) hours in a given week

ii. This unless otherwise approved by the Client

e. All monies owed to the Contractor by the Client shall be paid within seven (7) days of their being invoiced

f. All monies owed to the Contractor by the Client shall be paid in U. S. dollars, either by business check or direct deposit

6. Reimbursal for Expenses

It is to be understood that the Client shall assume the burden of all reasonable business expenses necessary to the Contractor’s performance of his duties. Such expenses must be documented by the Client and invoiced within sixty (60) days of their being incurred.

All such expenses must be approved by the Client prior to their being incurred. This unless the time it would take for the Client to give their approval would be to the detriment of the Client’s interests. In such instances the Contractor may proceed at his discretion.

It is further to be understood that any requirement that the Contractor be physically present at the Client’s offices, or at any other physical location, shall be at the expense of the Client. This includes the Contractor’s transit time and transit expenses.

The Contractor shall endeavor to minimize these expenses at every possibility.

Approved expenses shall include but not be limited to:

-membership to common grantmaking databases

est. $20/month

-printing and mailing

est. $5/grant submitted

-transport to/from the Client at the Client’s request

est. $50 (by car)

7. Other Declared Responsibilities

The Contractor bares no responsibility, legal or otherwise, to the Client, its employers or employees, its fiscal agents, its supervisors, its community, its creditors, or its donors, for the actions of the Client, the execution of its responsibilities as defined by either its charter or any applicable laws, or the disposal of any and all funds received by the Client as a result of the Contractor’s services. All such responsibilities are assumed by the Client.

The Contractor shall bare no personal responsibility to any third parties, including such organizations, public and private, institutional and individual, as shall tender to the Client any monies, goods, or services, as a result of the Contractor’s labors. All such responsibilities are assumed by the Client.

The Contractor shall bare no personal responsibility to any legal bodies, municipal, state, or federal, regarding the Client’s receipt of grants or funds, or the Client’s disposal thereof. This includes responsibilities to the Internal Revenue Service and all governmental agencies with jurisdiction over the Contractor or the Client. All such responsibilities are assumed by the Client.

The Contractor shall at all times respect the privacy of the Client. All information provided to the Contractor, excepting such as is publicly available, shall be treated as private and the property of the Client. All information presented to the Contractor which includes medically sensitive or third-party personal information shall be considered private and guarded by the Health Insurance Portability and Accountability Act and related legislation. All information generated by the Contractor, including but not limited to databases and calendars, shall be considered the property of the Client.

The Client shall at all times avow the validity of this agreement to all parties, and support the Contractor in his title of “Grant Manager” for the organization. For this purpose the Client shall furnish the Contractor with an organizational email address, ID badge, and access to all pertinent facilities, resources, and personnel.

If the Contractor wishes to cease performing any or all of these duties, or no longer feels himself capable of so doing, he shall suggest to the Client the termination of this Agreement as provided for herein. If the Client is unsatisfied with the Contractor’s performance of any of all of the aforementioned duties, or for any reason desires their working relationship to cease, they may likewise suggest the termination of this Agreement.

8. Assignment

This Agreement may not be assigned or transferred by either party without the prior written consent of both parties. The duties outlined in this Agreement may not be assigned by the Client to any other party or parties prior to the termination of this Agreement.

9. Integration

This agreement contains the entire contract between the parties. Any representations that may have been made before the signing of this contract, concerning those activities to be engaged in during the term in which this contract is to be in force, are nonbinding, void, and of no effect. Neither party has relied on such prior representations in entering into this Agreement.

This agreement is executed by the parties as of the date stated at the beginning of this document.

 

[signatures, witnesses, etc]

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~ by davekov on 19 October 2012.

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