California accounting independent contractor agreement template

California Accounting Independent Contractor Agreement

This California Accounting Independent Contractor Agreement ("Agreement") is made and entered into as of [Date], by and between:

[Client Legal Name], located at [Client Address], with telephone number [Client Phone Number] and email address [Client Email] ("Client"),

and

[Contractor Legal Name], located at [Contractor Address], with telephone number [Contractor Phone Number] and email address [Contractor Email] ("Contractor").

Scope of Services

Option A: The Contractor shall provide the following accounting services to the Client: [Detailed Description of Accounting Services, including frequency, reporting requirements, service milestones, deadlines, key performance indicators, and minimum service standards. Examples: Financial statement preparation (monthly), Bookkeeping (weekly), Account reconciliation (monthly), Payroll processing (bi-weekly), Tax return preparation (annually), Tax compliance reviews (quarterly), Advisory on California state and local tax matters (as needed), Audit support (annually), Budgeting (annually), Forensic accounting (as needed), Internal controls consulting (as needed)].

Option B: Services will be defined on a per-project basis via mutually agreed upon Statements of Work (SOWs) which will be incorporated by reference into this agreement.

Option C: Other: [Specific scope of services].

Required Licenses and Qualifications

Option A: The Contractor represents and warrants that they possess all necessary licenses and qualifications to perform the services described herein, including [Specify Licenses, e.g., California CPA license number, enrolled agent status], and that such licenses are current and in good standing with the State of California.

Option B: Contractor is not required to hold specific licenses to perform the services described herein.

Option C: Other requirements: [List of required qualifications].

Work Location

Option A: The Contractor shall perform the services remotely.

Option B: The Contractor shall perform the services at the Client's location. Office access will be provided, and the contractor agrees to follow the client's security protocols.

Option C: The Contractor shall perform the services both remotely and at the Client's location as needed. Contractor's hours of required availability during California business hours will be [Specify Hours].

Data Security and Privacy

Option A: The Contractor shall comply with all applicable California laws and regulations regarding data security and privacy, including the California Consumer Privacy Act (CCPA) if applicable.

Option B: Contractor will implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. Contractor will use secure communications/transmission methods.

Option C: In the event of a security incident or data breach, the Contractor shall immediately notify the Client. Contractor will follow Client's record retention and secure destruction policies.

Fees and Compensation

Option A: The Client shall pay the Contractor at an hourly rate of [Dollar Amount].

Option B: The Client shall pay the Contractor a fixed fee of [Dollar Amount] per project.

Option C: The Client shall pay the Contractor a retainer of [Dollar Amount] per month.

Overtime or rush work premium: [Specify terms]

The Contractor shall submit invoices to the Client on a [Frequency, e.g., monthly] basis. Payment is due within [Number] days of invoice receipt.

Option A: The Client shall reimburse the Contractor for pre-approved expenses, including [List of Reimbursable Expenses].

Option B: The Contractor is responsible for all expenses.

Late payment interest: [Specify interest rate, complying with California law].

Contractor is responsible for all federal, California state, and local taxes, self-employment tax and is required to remit California sales/use tax if applicable.

Independent Contractor Status

The Contractor is an independent contractor and not an employee, agent, partner, or joint venturer of the Client. Nothing in this Agreement shall be construed as creating an employment relationship.

The Contractor is responsible for all federal, California state, and local taxes, self-employment tax, reporting and payment of their own insurance (including professional liability and workers’ compensation, if not exempt). The Contractor shall indemnify the Client for any resulting liabilities.

Contractor is not debarred from practicing before the IRS, FTB, or other California tax authorities.

Insurance

Option A: The Contractor shall maintain current and adequate professional liability (E&O) insurance with minimum coverage of [Dollar Amount], general liability insurance with minimum coverage of [Dollar Amount], and workers' compensation insurance if required by California law.

Option B: The Contractor is not required to hold worker's compensation.

The Contractor shall provide certificates of insurance to the Client upon request.

Work Product and Intellectual Property

The Client shall own all work product and intellectual property created by the Contractor in connection with the services performed under this Agreement, including all prepared financial records, analyses, and work product.

The Contractor assigns all rights to prepared financial records, analyses, and work product to the Client. Contractor will retain ownership of pre-existing contractor materials.

Confidentiality

"Confidential Information" means any information disclosed by the Client to the Contractor that is not generally known to the public.

The Contractor shall not disclose or use any Confidential Information for any purpose other than performing the services under this Agreement.

Exceptions: Disclosures required by law or regulatory bodies.

Post-termination confidentiality obligations remain in effect.

Non-Solicitation and Non-Competition

Option A: The Contractor shall not solicit any employees, vendors, or customers of the Client during the term of this Agreement and for a period of [Number] months after termination.

Option B: Non-competition agreement: During the term of this agreement and for a period of [Number] months following the termination of this agreement, the Contractor shall not, within the geographic area of [Specify geographic area], engage in [Specify prohibited activities]. (Note: Ensure this is enforceable under California law).

Option C: No non-solicitation or non-competition restrictions apply.

Liability and Indemnification

The Contractor shall be liable for professional errors, omissions, breach of duty, or gross negligence.

The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorney's fees) arising out of or relating to the Contractor's performance of services under this Agreement, including, but not limited to, client data loss, privacy violations, or violation of California law.

Service Quality Standards and Error Correction

The Contractor shall perform the services in a professional and workmanlike manner, meeting industry standards.

In the event of errors, the Contractor shall correct the errors promptly and at no additional cost to the Client.

Re-performance or refund policy: [Specify terms]

Compliance

The Contractor shall comply with all applicable California statutes and regulations, including the Business & Professions Code, Accountancy Act, regulations of the California Board of Accountancy, local tax ordinances, anti-money laundering rules, anti-fraud standards, and continuing professional education requirements.

Non-Discrimination

The Contractor shall not unlawfully discriminate against any individual based on race, color, religion, sex, national origin, age, disability, or any other protected characteristic in accordance with California’s Fair Employment and Housing laws.

Subcontracting and Assignment

Option A: The Contractor shall not subcontract or assign any of its responsibilities under this Agreement without the Client's prior written consent.

Option B: The Contractor is permitted to use subcontractors in performing their duties, provided that the Contractor guarantees the subcontractor will meet the same California licensing and confidentiality standards.

Subcontracted parties must meet the same California licensing and confidentiality standards.

Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters (including California-specific events), utility failures, or legal orders.

Termination

The term of this Agreement shall commence on [Start Date] and continue until [End Date] or until terminated as provided herein.

Termination for Cause: The Client may terminate this Agreement for cause, including, but not limited to, breach of this Agreement, loss of licensure, non-payment, or violation of confidentiality.

Termination for Client's Business Needs: The Client may terminate this Agreement for its business needs upon [Number] days' written notice.

Notice Procedures: Written notice is required for termination.

Payment of fees due upon termination: The Client shall pay the Contractor for all services performed up to the date of termination.

Return or transfer of all client records and data is required upon termination.

Deliverables and Service Handover

Upon contract completion or early termination, the Contractor will provide the Client with the following deliverables: [List Deliverables].

Service handover process: [Describe the handover process]

Dispute Resolution

The parties shall attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiation.

If negotiation fails, the parties shall submit to mediation in [City, State].

If mediation fails, any unresolved dispute shall be settled by binding arbitration in accordance with California law. The venue for arbitration shall be [City, State]. California law shall govern this agreement.

Progress Meetings and Reports

The parties will hold progress meetings on a [Frequency] basis.

The Contractor will provide status updates in [Format] every [Frequency].

Reports will be delivered via [Delivery Method].

Primary Contacts and Escalation

The Client's primary contact is [Client Contact Name].

The Contractor's primary contact is [Contractor Contact Name].

Escalation procedures for unresolved issues: [Describe Escalation Procedures].

Notices

All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by overnight courier, sent by email (with confirmation of receipt), or sent by certified mail, return receipt requested, to the addresses set forth above. Effective date of notice is [Specify Effective Date] under California law.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter of this Agreement.

Any amendment or waiver must be in writing and signed by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________

[Client Legal Name]

By: [Client Authorized Signatory Name]

Title: [Client Authorized Signatory Title]

____________________________

[Contractor Legal Name]

By: [Contractor Name]

Title: [Contractor Title, if applicable]