SAMPLE NOT-TO-EXCEED CONTRACT
THIS AGREEMENT is made by and between NONPROFIT ORGANIZATION, a Texas-based nonprofit organization having its principal office located at ADDRESS, Austin, Texas, 78702, hereinafter referred to as the ORGANIZATION, and Academic Research Associates, a division of SYZZYGGY, INC., 500 South First Street, Pflugerville, Texas, 78660, hereinafter referred to as CONSULTANT. The CONSULTANT is a woman-owned, Texas-based small business corporation
The PERIOD OF THE AGREEMENT is DATES OF ENGAGEMENT, inclusive.
WHEREAS, the ORGANIZATION is undertaking the process of developing proposals to fund PROGRAM OR PROJECT DESCRIPTION;
WHEREAS, the ORGANIZATION has determined it is necessary to have a skilled grantwriting consultant to assist in the development of these proposals;
WHEREAS, the CONSULTANT is experienced in this field and well-qualified to develop funding proposals for the ORGANIZATION; In consideration of the mutual covenants and considerations herein set forth, the parties agree as follows:
1. The CONSULTANT agrees that for the fee specified it will provide services as a contractual proposal writer ("grantwriter") to the ORGANIZATION for the development of funding proposals to local, state and/or federal funding sources, including private and community foundations and/or corporations;
These services will include, but not be limited to: researching and communicating with funding resources ("funders") via telephone, mail and email; developing outlines of fundable programs or projects of interest to these funders; and, drafting and submitting letters of intent and/or proposal narratives to these funders. The CONSULTANT does not have expertise in preparing budgets for the ORGANIZATION and will not prepare the budgets required for the submission of a proposal as part of this contract. The ORGANIZATION agrees it will provide the budget portion required for any proposal.
2. A proposal will be considered as "completed" when the narrative portion required is provided by the CONSULTANT to the ORGANIZATION for submission to a funding source.
2. The term of this agreement will begin on DATE and continue through DATE, regardless of the date this agreement is signed. The CONSULTANT will begin work upon receipt a contract signed by an authorized representative of the ORGANIZATION.
3. The total fee paid under this contract will not exceed AGREED UPON FEE to be paid to the CONSULTANT as follows: TERMS FOR PAYMENT OF FEE.
4. Expenses associated with preparation of proposals by the CONSULTANT will be paid by the ORGANIZATION on the following basis: Cost of expense, plus 15%, including but not limited to postage and express mail service, copying, printing or other duplication, , and production of submission forms and other documents. These will be detailed as incurred on each invoice by the CONSULTANT and paid promptly by the ORGANIZATION.
5. The CONSULTANT specifically agrees that all work produced pursuant to this agreement will be the property of the ORGANIZATION.
6. The CONSULTANT will comply with all requirements of Federal, State of Texas and City of Austin governments applicable thereto during her performance under this contract, including Title VI of the Civil Rights Act of 1965, labor standards under Section 5(j) of the National Foundation of the Arts and Humanities Act of 1965, Section 504 of the Rehabilitation Act Amendments of 1972, Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and with the Drug Free Workplace Act of 1988.
7. Regardless of the place of physical execution of the agreement, this agreement will be interpreted according to the laws of the State of Texas.
8. The ORGANIZATION may at any time during the term of this agreement terminate said agreement by mailing to the CONSULTANT at the address above set forth 30 days prior written notice of such termination, in which event CONSULTANT shall be paid for professional time and expenses incurred to date of termination upon receipt by the ORGANIZATION of all work or working papers related to the scope of this assignment completed to the time of such termination.
9. This agreement constitutes the entire agreement of the parties hereto and all previous communications between the parties, whether written or oral, with reference to the subject matter of this contract are hereby superseded.
10. All notices to either party hereunder must be in writing, signed by the party giving it, and shall be served either personally or by registered mail to the addresses above or to such other addressee as may be hereafter designated by notice. All notices become effective only when received by the addressee.
CONSULTANT
BY ______________________
Academic Research Associates, President
a division of Syzzyggy, Inc.
DATE ____________________
ORGANIZATION
BY_______________________
TITLE: ____________________
DATE: ____________________
