Hello!
 
This posting is in response to Renee Kurtzweil's request for a sample contract:.......
 
In case others are interested, I am including in this email a copy of a generic letter of agreement / contract/ memorandum of understanding that I've used at a variety of institutions when contracting services.  Hope it's of use to someone!  Where I've said "ORGANIZATION", substitute the name of your organization in that place and obviously the name of the consultant/contractor for "CONSULTANT".
 
Kind regards,
Terrie
 
Terrie Nolinske, Ph.D.
www.tniconsultants.com
[log in to unmask]
 
TNI Consultants in Professional Development
Oak Park, Illinois
708. 386. 1331
 
SAMPLE GENERIC LETTER OF AGREEMENT / MEMORANDUM OF UNDERSTANDING / CONTRACT
 

DATE

RETURN ADDRESS

 DEAR  ______:

 This letter serves as a form of agreement between ORGANIZATION NAME and  CONSULTANT NAME, represented respectively by CEO or PERSON RESPONSIBLE FOR PROJECT OF ORGANIZATION  and CONSULTANT.  It also serves to outline responsibilities for developing an accessibility "transition plan" for  ORGANIZATION.

 Responsibitities of Consultant

 1.         Field survey the following buildings and sites for compliance with the accessibility     requirements of the Illinois Accessibility Code, the Americans with Disabilties Act (ADA) and other applicable laws:

             a.

            b.        

            c., etc.,  specify areas that needed surveying         

 2.         Review existing drawings, as avialable, of the above listed buildings and sites to determine problems and possible solutions.

 3.            Document representative areas of non-compliance by means of photographs keyed to site or building plans.

 4.         Prepare recommendations to comply with the most stringent of applicable standards.

 5.         Prepare sketches illustrating possible solutions to achieve compliance; include descriptions of sucessful accommodations used in other institutions, as available and appropriate.

 6.         Prepare cost estimates for each recommendation.

 7.            Prioritize recommendations based on the ADA Regulcations; note degree of difficulty to ORGANIZATION in implementing the accommodation;  propose schedule for operationalizing recommendations.

 8.            Assimilate all findings in matrix form, clearly differentiating areas of compliance from     those of non-compliance; compile in an illustrated report.

 9.            Interface with other consultants or staff, as appropriate, to discuss their perceptions             of grounds,walkways, site furnishings, signage and interpretive graphics and methods of             communication;  Incorporate these findings into illustrated report, as appropriate.

 10.       Attend meetings, as requested.

 11.       Provide ORGANIZATION with 25 printed copies of illustrated report.

 12        Present a summary of the final report to the Board or ORGANIZATION staff, as requested.

 Responsibilities of ORGANIZATION

 1.         Provide full information relative to the project in a timely manner, including floor plans or blueprints of necessary buildings on ORGANIZATION grounds, as available.

 2.         Provide a representative authorized to act on behalf of ORGANIZATION with respect to             the project who shall make decisions in a timely manner. 

 Completion of Project

The project will be completed no later than four months from the date on page four of this letter of agreement or no later than December 5, 1997, whichever comes first.

 Use and Ownership of Project Documents

The documents prepared by the consultant for this project are for use solely with respect to this project.  The consultant shall be considered the author of the documents and shall retain all common law, statutory and other reserved rights, including the copyright.  ORGANIZATION shall be permitted to retain copies, including reproducible copies, of the consultant's documents for the ORGANIZATION’s information, presentation, reference or accreditation purposes.  The ORGANIZATION may add to or build upon the documents produced during this project as a result of future changes.

 Payments to Consultant

The fixed fee for completion of tasks contained within this letter of agreement is $____. One half of this amount is due on completion of one half of the report based on tasks itemized on page one of this letter of agreement.  The balance is payable upon completion of the project.

 Basis of Compensation

Should the scope of this project change significantly, the amount of additional compensation shall be negotiated based on an hourly rate of $___, unless both parties mutually agree on a fixed rate.

 Termination or Suspension

This agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this agreement through no fault of the party initiating the termination.

 If the ORGANIZATION fails to make payment when due, the consultants may, upon seven days' written notice to the zoo, suspend performance of services under this agreement.  Unless payment in full is received by the consultant within seven days of the date of the written notice, the suspension shall take effect without further notice.  In the event of a suspension of services, the consultant shall have no liability to the ORGANIZATION for delay or damage caused the ORGANIZATION  because of the suspension.

 In the event of termination not the fault of the consultant, the consultant shall be compensated for services performed prior to the termination.

 Insurance

 The consultant shall provide ORGANIZATIONI with written proof of insurance, that shall be maintained at all times during the project, including Worker’s Compensation in statutory amounts; Professional Iiability with limits of not less than $1,000,000 per occurrence; Comprehensive General Liability; Automobile Liability; and Valuable Papers Insurance with limits sufficient to cover the recreation of any records.

Amendments to Agreement

This agreement may be amended only in writing and is valid only upon signatures of the consultant and a representative from the ORGANIZATION

Effective Date of Letter of Agreement

This agreement is entered into as of  ____ _____,  by

 Signatures

ORGANIZATION Representative                                      CONSULTANT

_______________________________                                  _____________________________

Signature                                                                                                               Signature

ORG REP NAME                                                 CONSULTANT NAME

ADDRESS                                                                   ADDRESS

PHONE                                                                       PHONE

EMAIL                                                                        EMAIL

FAX                                                                            FAX

 

 -----Original Message-----
From: Museum discussion list [mailto:[log in to unmask]]On Behalf Of Renee Kurtzweil
Sent: Thursday, February 07, 2002 8:49 AM
To: [log in to unmask]
Subject: Exhibit Contract

Our museum is developing an exhibit and will be hiring an outside contractor to write the text.  I feel that there should be a formal contract that stipulates the dates and deadlines needed for the text.  Does anyone out there have a sample that we could look at? 
 
THANKS!
 
Renee Kurtzweil
Director of Collections
Northern Indiana Center for History
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