Sample Contract and Terms of Reference for the Design of a Performance Snapshot and a Data Development Plan

Disclaimer: The only purpose of this sample contract is to serve as an educational example of the contract terms and project work plan and deliverables.
ENGAGEMENT OF SERVICES
BETWEEN
NAME OF CLIENT
AND
NAME OF CONSULTANT
The following agreement is between the NAME OF CONSULTANT and NAME OF CLIENT. This agreement confirms our understanding of the terms of our engagement.
Description of Services to be Performed:
NAME OF CONSULTANT will work with NAME OF CLIENT to plan and design a performance monitoring system for NAME OF CLIENT using the Demonstrating Value Framework. This includes the identification of performance and impact measures, design of a customized reporting template (a ‘Performance Snapshot’) and direction on how to develop data for the measures (a ‘Data Development Plan’). A full description of technical advisory services is described in the project Terms of Reference (Annex A).
Payment Schedule
Billed upon completion: $2,500
Term of Contract:
This project will commence upon signature of this contract and will close upon completion of a Performance Snapshot reporting template and a Data Development Plan.
Confidentiality
NAME OF CONSULTANT shall keep all confidential information of the client in confidence. NAME OF CONSULTANT shall only use the confidential information in connection with the performance of the project and for no other purposes.
Disclaimer
Notwithstanding any other provision of this agreement, the aggregate liability of NAME OF CONSULTANT on whatever basis, shall not exceed the fee actually received by NAME OF CONSULTANT. NAME OF CONSULTANT accepts no responsibility for loss of data or software, or failure to adequately back up data or software.
Scope and Termination
This agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties.
Client confidentiality will continue to be maintained following termination.
Should either party wish to terminate this contract, billing will be negotiated based on work performed.
All work performed will become the sole property of the client.
Unless the Client may otherwise agree, no changes shall be made in the personnel.
Governing Law
This agreement shall be construed and interpreted in accordance with the laws of the Province of British Columbia
SIGNED
_______________________________ ____________________________
NAME OF CONSULTANT Date
_______________________________ ____________________________
NAME OF CLIENT Date
Annex A: Terms of Reference
The Rationale and Purpose
The purpose of this project is to plan and design a performance monitoring system for NAME OF CLIENT using the Demonstrating Value Framework. This will enable NAME OF CLIENT to improve how it monitors and reports on its business performance, social and environmental impact and organizational sustainability. This project will build on the work that NAME OF CLIENT is already doing in this area. This project will strengthen NAME OF CLIENT’s organizational capacity by allowing NAME OF CLIENT to:
Report to the Board of Directors and other audiences on progress of NAME OF CLIENT’s goals.
Improve communication and engagement with staff, partners and the community at large.
More efficiently provide relevant information for funding opportunities and grant reporting.
It will provide NAME OF CLIENT specifically with:
A set of performance and impact measures that supports what NAME OF CLIENT wants to