form of agreement for consultancy services … · web viewform of agreement for consultancy...

Form of Agreement for Consultancy Services

Contract Name: [Contract Name]

Contract Number:[MoE Contract No.]

Between the Ministry of Education / [School Name] Board of Trustees and the Consultant

The Consultant [insert]

Address [insert]

Set No. [insert]

KEY:Black font – not to be changed

Red font – free text, please insert

Blue font – optional

<<>> Guidance notes

<<This template is for Consultancy Services engagements for contracts for Direct Appointments up to 500k)>>

<<Ensure you delete all guidance notes, update your contract number on both odd and even footers and change all text to black font when you finish document.>>

Ministry of Education of 10

This Page is intentionally blank.

MoE Contract Number [Contract No.]


The Ministry of Education OR [School name] Board of Trustees

Form of Agreement for Engagement of Consultant

Consultancy Services Contract Number: [Contract No.] [Contract Name]

For the Delivery of Consultancy Services to the Ministry of Education/ [School name] Board of Trustees by the Consultant

This contract is made on the [Number] day of [Month] [Year]

Parties

1. The Ministry of Education, government department listed under Schedule 1 of the State Sector Act 1988 / [School name] Board of Trustees (the Client); and

2. [Name] of [Location](the Consultant).

Background

1. The Client wishes to undertake the works (“the Services”) described in Schedule 1 to this Agreement (“Schedule 1”).

2. The Client and the Consultant have agreed that the Consultant will, on the terms and conditions set out in this Agreement, undertake and provide the Services in respect of the Services.

THE PARTIES AGREE as follows:

1. Agreement

The term “Agreement” shall include each of the following documents:

1.1 This Form of Agreement for Engagement of Consultant;

1.2 Statement of Works

1.3 The Request for Quote or Proposal (RFQ or RFP) and/or Supplier’s submission.

1.4 The Services and/or deliverables as set out in Schedule1

1.5 Panel Contract as specified herein (Schedule 1.)

1.6 The “General Conditions of Contract for Consultancy Services” (CCCS), August 2009; and

1.7 Special Conditions Part A Specific Conditions and Part B Special Conditions.

SIGNED for and on behalf of SIGNED for and on behalf ofThe Ministry of Education/[School name] Board of Trustee The Consultant bySignature: Signature: Name: Name: acting pursuant to delegated authority Occupation:

Address:

In the presence of In the presence ofSignature of Witness: Signature of Witness: Name of Witness: Name of Witness: Occupation: Occupation: Address: Address:



1 AppendicesThe appendices referred to in the General Conditions are linked to this Form of Agreement for Engagement of Consultant as follows:

Schedules 1 and 2

Appendix A:Scope of Service / Statement of Works, Programme and Completion Date for the Services

Refer to Schedule 1.

Appendix B:Fees, Expenses and Payment

Refer to Schedule 1.

Appendix C:Client’s Representative

Detailed in Schedule1.

Appendix D:Consultant’s Representative, Key Personnel and Other Personnel

Detailed in Schedule 1.

Appendix E:Sub-Consultants and Sub-consultants’ Key Personnel

The parties acknowledge and agree that no part of the Services will be carried out by a Sub-Consultant unless otherwise stated in Schedule 1.

Appendix F:Other Consultants, Other Consultants' insurance, personnel, equipment, facilities, and information supplied by the Client

Where applicable, these are listed Schedule 1.

Appendix G:Client's Hazard Identification and Notification

These are listed under "Hazards Known to the Client" in Schedule 1.



2 Schedule 1<<Letters and Proposals: Insert the following for letters or proposals that are “offer made, offer accepted.”>>

Refer to attached letter/proposal (“Submission”) being the “offer made, offer accepted” services and requirements for this contract. Additional requirements not already included in the letter/proposal are set out below.<<Panel selection contracts: Insert the following for consultants that have been appointed via a panel contract. Ensure to include reference to the panel contract and if no scope has been set out for the services then include as below. Ensure to attach Annexure 2 conditions of contract.>>

The Consultant has been appointed via the Panel Contract [Contract name and No.] dated [day month year].

<<Include all of the following items if the Client has had to scope, specify requirements and deliverables etc from scratch, insert as follows:

Data marked with an asterisk(*) must be supplied in this document unless already included in the attached offer (letter/proposal/ panel contract). Alternatively specifically note as “not applicable to this contract.” Basic template and formatting has been provided>>.

1. Notices

With reference to Clause 12.7 of the General Conditions Contract all notices under this Agreement shall be sent to the following addresses by hand, post, email or facsimile, or to such other addresses as are from time-to-time nominated in writing by the parties:

Ministry of Education The Consultant

Name: [Insert]

Title: [Insert]

Ministry of Education

Street Address

PO Box [Insert]

City

Email: [Insert]

Tel: [Insert]

Fax: [Insert]

Contract Number: [MoE Contract No.]

Contract Name: [Contract Name]

Name: [Insert]

Title: [Insert]

Company Name

Street Address

PO Box [Insert]

City

Email: [Insert]

Tel: [Insert]

Fax: [Insert]

2. *Representatives

Representatives are as set out in the proposal/letter attached.

OR



Client’s Representative Consultant’s Representative

Name: [Insert]

Title: [Insert]

Ministry of Education/ [School name] Board of Trustee

Street Address

PO Box [Insert]

City

Email: [Insert]

Tel: [Insert]

Fax: [Insert]

Name: [Insert]

Title: [Insert]

Company

Street Address

PO Box [Insert]

City

Email: [Insert]

Tel: [Insert]

Fax: [Insert]

3. *Contract period

Contract period is as set out in the proposal/letter attached.

OR

Start date [Insert]

Finish date [Insert]

Contract period [Insert]

4. Contract Value

Contract value is as set out in the proposal/letter attached.

OR

Contract value is: [insert $ and words]

5. *The Services

As per attached letter/proposal.OR The Services are as stated below.<<Insert scope and specific requirements as appropriate ensuring that you are scoping what is required to be done. Pricing schedule and deliverables associated with the Scope of Services are included below.>>

5.1 Background

Insert text

insert

5.2 Panel Contract

This Statement of Work and Specific Requirements will be subject to the terms and conditions of the panel contract [insert name of panel contract].

5.3 Statement of Work

Insert text

5.4 Specific requirements

Insert text



5.5 Heading [other]

Insert text

6. Programme of Deliverables Schedule

<<Ensure your Programme of Deliverables Schedule matches that of the Pricing Schedule>

The following is the “Time Schedule for Deliverables”. It outlines the major/milestone deliverables but is not to be deemed all-inclusive.

No Deliverable Time for Delivery

1. [Other] [Insert]

2. [Other] [Insert]

7. *Fees, Expenses and Payment

7.1 Fees

<<Select one of the options of Fee choices below>>

Fees are as set out in the Submission attached.

OR

Fixed Price Quote (exclusive of GST)

The Consultant has provided a fixed price quote based on the rates agreed.

Payment will be made as a Lump Sum on completion of the Services. Where the Consultant has entered a zero rate for any item, or part thereof, payment for any work instructed under this item is deemed to be included elsewhere and no additional payment shall be made.

OR

Panel Rates (exclusive of GST) <<please refer to the payment clause in the Panel contract / or Syndicated Agreement you are using for this appointment>>.

The Consultant has provided a fixed price quote based on the rates as agreed and set out in the Panel Contract [insert name of panel contract].and/or Syndicated Agreement [insert schedule reference e.g. Schedule 4 for Police Panel].

Payment will be made as a Lump Sum on completion of the Services. Where the Consultant has entered a zero rate for any item, or part thereof, payment for any work instructed under this item is deemed to be included elsewhere in the schedule rates and no additional payment shall be made.

OR

Time Writing to Fee Budget (exclusive of GST)

The Consultant shall record all costs against each task in terms of the rates priced in the rates agreed and, where applicable, shall provide the Client with an itemised assessment of the expected totals and final cost. The Client may set a ceiling for expenditure. The Consultant shall allow for the complete disclosure of all items which comprise a priced task if so requested by the Client.

Payment will be made monthly on the basis of agreed work completed.

OR

Pricing Schedule (exclusive of GST)

This payment schedule defines the pricing schedule items, which must be separately priced by the Consultant. The method and the basis of payment for each of the following Pricing Schedule items is described in the Payment Schedule. The numbering shown below corresponds to the numbering on the Contract Pricing Schedule.



Item Description Unit Rate Amount

1 Fixed price quote for Services L.S.

2 [Rate per hour / Other] [X] hrs / L.S./

[X] ea

Total $XX,XXX.XX

7.2 Timing and Payment Schedule

The time for payments shall be on the 20th of the month following the month of issue of the GST invoice.

Payment Schedule (exclusive of GST)

This payment schedule defines the pricing schedule items, which must be separately priced by the Consultant, and the terms of their payment. The numbering shown corresponds to the numbering on the Contract Pricing Schedule.

<<Ensure your Payment Schedule matches the Pricing Schedule items above>>

Item Description

1 Fixed price quote for Services <<for example>>

The Lump Sum shall include all expenses relating to Services referenced in Annexure 1, necessary for the satisfactory completion of the Services. Payment of the Lump Sum will be prorated on a monthly basis for the duration of the phase

2 Other

Define Payment

7.3 Expenses and Disbursements

<<Select one of the options of Expenses below>>

Allowable expenses and/or disbursements are as set out in the Submission attached.

OR

Allowable expenses and/or disbursements are as agreed and set out in the Panel Contract [insert name of panel contract].and/or Syndicated Agreement [insert schedule reference e.g. Schedule 4 for Police Panel].

OR

There is no allowance for expenses and/or disbursements under this Agreement.

8. Consultants’ Key Personnel

Name and Title Contact details

[Insert] [Insert]

[Insert] [Insert]

9. Sub-Consultants and Sub Consultants’ Key Personnel

Name and Title Company and Contact details

[Insert] [Insert]




[Insert] [Insert]

10. Inputs Provided by the Client

10.1 Other Consultants

There are no other consultants for this contract.

<<OR Insert the following.>>


[Insert] [Insert]

[Insert] [Insert]

10.2 Client Personnel

There are no Client personnel provided for this contract.


Name and Title Ministry of Education contact details

[Insert] [Insert]

[Insert] [Insert]

10.3 Equipment

There is no equipment provided by the Client for this contract.


The following equipment is provided by the Client for this contract:

[Insert]

10.4 Facilities

There are no facilities provided by the Client for this contract.


The following facilities are provided by the Client for this contract.

[Insert]

11. *Client's Hazard Identification and Notification

There are no known hazards for this contract.

<<OR Insert the following clause and table if hazards known.>>

With reference to Clause 3.8 of the General Conditions Contract the following is a list of known identified hazards relevant to the Services:

No Hazard Known to the Client Detail <<examples below>>

1. Known Services Existence of a high voltage cable, cell phone towers, microwave transmission devices and radio transmission devices.



No Hazard Known to the Client Detail <<examples below>>

2. Contaminated ground conditions

Risk of injury or illness to people.

3. insert insert

12. Conditions of Contract for Consultancy Services

The Conditions of Contract for Consultancy Services and Specials: Part A Specific Conditions of Contract and Part B Other Conditions of Contract are as attached in Additional documents.

13. Additional documents

There are no additional documents, information or services to be provided for by the Client forming part of the Agreement.

<<OR Insert the following clause and table if additional docs are provided.>>

Additional documents, information or services to be provided for by the Client forming part of the Agreement are listed as follows and attached as appendices to this Agreement:

Information or Services name/title Format Appendix #

Conditions of Contract for Consultancy Services (CCCS – August 2009)Download from Contracts for Construction Works and Professional Services

[PDF; 295kb]

Special Conditions Part A – Specific ConditionsSpecial Conditions Part B – Other ConditionsDownload from Contracts for Construction Works and Professional Services

[PDF; 214kb]

Statement of Work

[insert: e.g. 10 YPP, Asbestos Report, Site Plan, Brief on SNUP]

[PDF/ WORD/ XLS] Appendix A

[Insert] [insert] Appendix B

3 Appendices

<<Attach your appendices as listed above and ensure that you delete all Guidance notes and ensure to change all our font to “BLACK” and update your footers >>


https://education.govt.nz/school/property/state-schools/project-management/procurement/contracts/




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