CORDAID CONSULTANCY CONTRACT

Parties:

1. The non-governmental organisation under Kenyan Law Cordaid, established statutory in Kenya
(New Rehema House, Rhapta Road 5 th floor), registered at the NGO Organisations Board under
number OP. 218/051/9553/540 (May 11 2000) represented by Annelies Claessens in her function
of Country Director, Cordaid Office Kenya hereafter named: "Cordaid";

2. Not applicable
3. Names of enumerators hereinafter named “the consultant”

also jointly referred to as: "Parties".

1. DOREEN NASERIAN
2. MARGARET NGAMON
3. LILY LESHALOTE
4. LEMPUSHUNA A ALBERTINA
5. JAMES GITAU MWANGI
6. JAMES GITHAIGA WAHOME
7. ELSIE WANJIKU NGUGI
8. SELINA LOKWAWI NGITERITO
9. BENEDICT LTARASI LOLKOKI
10. SOLOMON LOLKOKI
11. NICHOLAS LESEELA
12. JOSPHAT LESANJIR
13. CLARENCE NASIEKU
14. SERENA LENGUROO
15. STEVE LEPARIYO
16. ERIC ETAPAR EDAPAL
17. NAOM KEMUNTO MOKUA
18. PAULINE YONO
19. KEMBOI GEORGE
20. ARUAN APAYA

Initials Cordaid: ……………… Initials Consultant: …………..

Contract NON EU Consultant Company - Cordaid NL v. 2013.10 Page 1 of 9

Parties consider as follows:
- Cordaid is a Dutch development aid agency, operating worldwide;
-Enumerator is an individual who offers service of collecting data in the Baseline Survey undertaken in
Samburu County under KEEP.
- The Enumerator shall attend training and visit designated schools and fill three questionnaires and
return completed questionnaires to Cordaid and Partners IIRR and Caritas Maralal from 12– 17
July 2015.

Initials Cordaid: ……………… Initials Consultant: …………..

Contract NON EU Consultant Company – Cordaid NL v.2013.10

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Parties have agreed as follows:

Article 1 - Definitions

In this Agreement the following terms shall have the indicated meaning:

Agreement : This consultancy contract

Budget : An itemized summary of estimated or intended expenditures for a given
period along with proposals for financing themas, attached as Annex 1.
Code of Conduct : A set of conventional principles and expectations against sexual abuse that
Cordaid considers binding on any person or organization applying for funds
against sexual abuse
or who are receiving funds from Cordaid, to accept these principles and to
act accordingly, attached as Annex 7
Cordaid Code of : A set of conventional principles and expectations that Cordaid considers
binding for all concrete activities that are launched and carried out by
Conduct
Cordaid, its affiliates and all those working on behalf of Cordaid. The aim of
the Code of Conduct is to provide guidance and protection to all Cordaid
staff and all contracted consultants regarding some important key issues
which one needs to be aware of. The Code of Conduct applies to all staff
and consultants regardless of their location, attached as Annex 6.
General terms and : These Cordaid General Terms and Conditions are applicable to all
Conditions consultancy contracts, attached as Annex 3.
‘Safety First’ : A Manual for Safety & Security in the field, applicable to Cordaid staff
(national and international), all contracted consultants that work on behalf
of Cordaid and/or travel outside Western Europe, and all third parties
visiting Cordaid Offices Abroad, attached as Annex 4.
Terms of Reference : A Statement of the background, objectives, and purpose of the assignment,
attached as Annex 5
Respondent : In this case a respondent refers to the target group of the assignment,
including but not limited to: Cordaid’s partner organisations, stakeholders,
consortium partners or otherwise involved third parties.

Article 2 - Agreement and Assignment

2.1 The Consultant will be assigned to Cordaid to implement the assignment as described in the
training held on 12 July 2015

2.2 The duration of this Agreement will be 6 days (six) and will automatically end on Friday 17 July
2015, unless parties agree otherwise in writing. The duration of the Assignment will be 6
working days.

Initials Cordaid: ……………… Initials Consultant: …………..

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2.3 This Agreement will be executed by the Consultant according to the enclosed tasking notes,
Budget, Cordaid General Terms and Conditions for consultancy contracts and the Safety &
Security Manual as attached. The Consultant declares that he/she has received and studied all
mentioned annexes before starting the Assignment

2.4 The Company and/or the Consultant will obtain on his/her costs all necessary visa and work
permits to fulfil the Assignment in a proper way if applicable.

2.5 According to the principle of freedom of contract and given the Consultant’s specific expertise,
the option of entering into an employment contract was deliberately not used. This Agreement
does not constitute any personal, economic or social dependence of the Consultant going
beyond the scope of this Agreement.

2.6 The Consultant indemnify Cordaid of any taxes or social insurance contributions payable as a
result of this Agreement.

Article 3 - Fees and expenses

3.1 Fees
Each enumerator will receive a consultancy fee of gross KES 12,000 (inclusive all taxes) in
Kenya Shillings (inclusive of VAT & inclusive of WHT 5%), for this 6 day Assignment. Final
payment will be made after submission and approval of all duly filled questionnaires by the
lead consultants (Welread Consultants)

3.2 Payment will be made in two instalments, first instalment at the start of consultancy and the
balance to be paid on approval of questionnaires as stated in 3.1 above

3.3 If air tickets are bought by the Consultant, the travel agency’s invoice must be submitted to
Cordaid and the flight details (flight number and date) must be clearly shown on the copy of the
ticket or the boarding pass.

3.4 The Consultant must submit a well-documented invoice for expenses, including all original
receipts of expenses made according to the enclosed budget. Reimbursable costs are only
travel expenses.

3.5 Final invoice including consultancy fee and expenses must be submitted to Cordaid no later
than August 31 2014

Initials Cordaid: ……………… Initials Consultant: …………..

Contract NON EU Consultant Company – Cordaid NL v.2013.10

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3.6 Cordaid will deduct 5% withholding tax on fees and paid to Kenya Revenue Authority. Any due
tax payments are within the responsibility of the Consultant.

Article 4 – VAT

Companies & Individual consultants have to submit the PIN Tax registration certificate and thereafter
submit ETR with payment if VAT is applicable. In the latter case, the Kenya VAT Act 2013 applies to
you or your company.

Article 5 - Authorised recipient and bank account

In case it is difficult or impossible to contact the Consultant due to his/her stay abroad, he/she shall
designate the following authorised recipient in his/her home country:

Name : as per list provided in annex 1

Payment to be done by cash to enumerators as provided in annex 1 of the contract

Article 6 - Safety Policy

6.1 A safety policy applies which has been laid down in the accompanying Cordaid Safety &
Security Manual “Safety first” (Annex 4). On the basis of Article 2.2 of this Agreement, it is
assumed that the Consultant has read and understood this document before start of the
assignment or departure and that the Consultant will take Cordaid‘s Safety Policy into account
and will adhere to the safety measures taken by Cordaid. Furthermore the Consultant has read
and understood the most recent security report as submitted by the Cordaid Country office or
representative.

6.2 The Company and/or the Consultant is/are responsible for taking out all necessary insurances.
Cordaid cannot be held liable for consequences of the absence of any (risk) insurance.

Article 7 – Ownership & copyright

7.1 Consultant agrees that all work product developed by her/him alone or in conjunction with
others in connection with the performance of services pursuant to this Agreement is and shall be
the sole property of Cordaid, and Consultant shall retain no ownership, interest, or rights

Initials Cordaid: ……………… Initials Consultant: …………..

Contract NON EU Consultant Company – Cordaid NL v.2013.10

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 therein. Work product includes but is not limited to reports, graphics, memoranda, slogans, and
taglines

7.2 All written and oral information concerning the assignment will be regarded with the strictest
confidence. The Consultant shall refrain from issuing publications with any relation to the
Assignment, the programme and/or related activities, unless he/she has received Cordaid’s
written consent.

7.3 In case of data collection the use of data and/or information during the Assignment should be in
such a way that it is not harmful to the respondent. The respondent stays anonymous and data
cannot be traced back to individuals unless explicitly stated otherwise during data collection.

Article 8 - Penalty

Should the Consultant break the rule of confidentiality or issue an unauthorized publication, he/she will
be liable to pay a fine of € 15.000, - and face a claim for full compensation of damages.

Article 9 - Cordaid Code of Conduct, Code of Conduct against Sexual Abuse, Conflict of Interest
policy, Anti – corruption policy

9.1 The Project will be carried out according to the enclosed Cordaid Code of Conduct (Annex 6)
and Code of Conduct against Sexual Abuse (Annex 7). The project will further be carried out in
accordance with the enclosed Conflict of Interest Policy (Annex 2). By signing this Agreement
the Consultant declares that he/she has received and studied all mentioned annexes, accepts
them and will act upon accordingly.

9.2. Cordaid applies an anti-corruption policy. In the event that there is a suspicion of corruption, this
policy shall enter into force immediately, and any financial transfers shall be stopped without
delay. In the event that acts of corruption or misuse are revealed, the Agreement shall be
terminated with immediate effect and the already paid fees and other costs shall be reclaimed.

Article 10 - Governing law

10. This Agreement is subject to and in accordance with Kenyan law. Any dispute between the
parties shall in first instance be brought to the civil court in Kenya.

Article 11 - Final provisions

Initials Cordaid: ……………… Initials Consultant: …………..

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11.1 If, due to unforeseen circumstances this Agreement needs extension, Cordaid will provide, after
mutual agreement, a new agreement and terms of reference.

11.2 If, due to unforeseen circumstances Cordaid considers that this Agreement cannot be carried
out, Cordaid has the right to terminate this Agreement at any time. All expenses made according
to the conditions of this Agreement until date of termination will then be reimbursed. Cordaid will
have no obligation for further compensation.

Agreed and signed in duplicate on ……………………. in Nairobi Kenya:

………………………………………………………..… .
Cordaid
Ms Jennie van de Weerd

Initials Cordaid: ……………… Initials Consultant: …………..

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Annex 1

RATE PER NO OF
S/NO NAME ID.NO DAY DAYS TOTAL SIGNATURE/DATE

1 DOREEN NASERIAN 33234304 2000.00 6 12,000.00

2 MARGARET NGAMON 31994386 2000.00 6 12,000.00

3 LILY LESHALOTE 28050862 2000.00 6 12,000.00

LEMPUSHUNA A
4 ALBERTINA 31892536 2000.00 6 12,000.00

5 JAMES GITAU MWANGI 29251730 2000.00 6 12,000.00

JAMES GITHAIGA
6 WAHOME 30230879 2000.00 6 12,000.00

7 ELSIE WANJIKU NGUGI 26727001 2000.00 6 12.000.00

SELINA LOKWAWI
8 NGITERITO 32072547 2000.00 6 12,000.00
BENEDICT LTARASI
9 LOLKOKI 29670195 2000.00 6 12,000.00

10 SOLOMON LOLKOKI 33237521 2000.00 6 12,000.00

11 NICHOLAS LESEELA 30338996 2000.00 6 12,000.00

12 JOSPHAT LESANJIR 30649703 2000.00 6 12,000.00

13 CLARENCE NASIEKU 30322533 2000.00 6 12,000.00

14 SERENA LENGUROO 24586033 2000.00 6 12,000.00

15 STEVE LEPARIYO 28287668 2000.00 6 12,000.00

16 ERIC ETAPAR EDAPAL 27771031 2000.00 6 12,000.00

Initials Cordaid: ……………… Initials Consultant: …………..

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 NAOM KEMUNTO
17 MOKUA 27561921 2000.00 6 12,000.00

18 PAULINEYONO 27881645 2000.00 6 12,000.00

19 KEMBOI GEORGE 2000.00 6 12,000.00

20 ARUAN APAYA 2000.00 6 12,000.00

Net to Consultant
Fees Instalments WHT 5% to KRA

30% down payment 13.500,00 675,00 12.825,00

13.500,
00
30% second payment 675,00 12.825,00
00
40% final payment 18.000, 900,00 17.100,00

Total 45.000,00 2.250,00 42.750,00

Initials Cordaid: ……………… Initials Consultant: …………..

Contract NON EU Consultant Company – Cordaid NL v.2013.10

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