Florida accounting independent contractor agreement template

Florida Accounting Independent Contractor Agreement

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

[Client Full Legal Name], residing at [Client Address], and/or doing business as [Client Business Name, if applicable] with contact number [Client Phone Number] and email address [Client Email Address] ("Client"),

and

[Contractor Full Legal Name], residing at [Contractor Address], and/or doing business as [Contractor Business Name, if applicable], with contact number [Contractor Phone Number] and email address [Contractor Email Address] ("Contractor").

1. Scope of Services

Option A: The Contractor shall provide the following accounting services to the Client: [Detailed Description of Accounting Services]. This may include, but is not limited to, bookkeeping, preparation and review of financial statements, internal and external audits, payroll processing, tax planning and filing (including federal and Florida-specific returns like Florida sales/use tax returns), review of compliance with Florida state business regulations, and financial consulting.

Option B: The Contractor shall perform the services described in Exhibit A attached hereto.

Deliverables shall include [List of Deliverables]. Service standards shall conform to generally accepted accounting principles (GAAP) and Florida statutes. Reporting formats shall be [Reporting Format]. Interim milestones and deadlines are specified in Exhibit B. Frequency of financial reporting is [Frequency]. Documentation retention obligations shall be per applicable Florida law and professional standards.

2. Qualifications and Licensure

Option A: The Contractor represents and warrants that they possess the necessary qualifications, skills, and experience to perform the services outlined in Section 1. If the scope of services requires it, the Contractor is an active Florida Certified Public Accountant (CPA) and holds license number [CPA License Number].

Option B: If a Florida CPA license is required, the Contractor shall maintain an active license and comply with all continuing education and ethical standards mandated by the Florida Board of Accountancy.

The Contractor is responsible for complying with Florida state business and professional regulations.

3. Location and Performance of Services

Option A: Services will be performed primarily at [Location of Services], including possible on-site visits to Florida business locations.

Option B: Services will be performed remotely. The Contractor is responsible for maintaining a secure and reliable internet connection and appropriate software.

Record-keeping and equipment responsibilities are as follows: [Details of Record-Keeping & Equipment]. Use and security of electronic communications and data access protocols will adhere to industry best practices and Florida data security statutes.

4. Service Fee and Payment

Option A: The Client shall compensate the Contractor at an hourly rate of [Hourly Rate].

Option B: The Client shall compensate the Contractor a fixed fee of [Fixed Fee] for the entire scope of services.

Option C: The Client shall pay the Contractor a retainer fee of [Retainer Fee Amount] per [Time Period, e.g., month].

The Contractor will submit invoices [Frequency of Invoices] with supporting documentation (e.g., time logs, expense receipts). Payment is due [Number] days from the date of the invoice. A late payment penalty of [Interest Rate]% per month may be applied to overdue invoices, not exceeding Florida's usury law limits.

Reimbursement for travel and business expenses will be made according to the following protocol: [Reimbursement Protocol]. Florida sales tax, if applicable, is the responsibility of [Responsible Party] and will be handled accordingly.

5. Tax Status

The Contractor is an independent contractor and is responsible for all self-employment taxes, tax filings in accordance with Florida and federal IRS guidelines.

The Client will not withhold any taxes or provide any employment benefits to the Contractor.

6. Ownership of Work Product and Confidentiality

All work product, accounting files, financial data, and intellectual property created as a result of this Agreement are the sole property of the Client.

The Contractor shall maintain the confidentiality of all client records and confidential information and adhere to the Florida Uniform Trade Secrets Act, client data privacy regulations, Gramm-Leach-Bliley Act (if applicable), and robust protocols for safeguarding personal and financial information in compliance with industry and Florida data security statutes.

7. Independent Contractor Relationship

The parties agree that the Contractor is an independent contractor and not an employee, partner, or agent of the Client. This agreement is consistent with Florida Statute 440.02(15)(d), confirming exclusion from client-provided workers' compensation and benefits.

The Contractor is solely responsible for their own insurance (including professional liability/E&O coverage), licensing, payroll taxes, and regulatory registrations.

8. Professional Standards

The Contractor agrees to adhere to all applicable professional standards, including accounting ethics, anti-fraud, anti-money laundering regulations, documentation, and retention timelines under Florida law, and any industry standards for record keeping and audit practices.

9. Indemnification

The Contractor agrees to indemnify and hold harmless the Client from any losses, damages, liabilities, or expenses arising out of or relating to the Contractor's improper acts, accounting errors, or noncompliance with professional standards or applicable Florida law.

[Optional: Include caps or exclusions on liability] Liability shall be capped at [Dollar Amount].

10. Breach and Default

In the event of a breach of this Agreement, the non-breaching party shall have the right to pursue all available remedies, including damages, specific performance, and termination of the Agreement.

Specific remedies for untimely, incomplete, or negligently performed work, or violations of confidentiality are as follows: [Detailed Remedies].

11. Audit Rights

The Client and/or regulators (e.g., Florida's Department of Business and Professional Regulation (DBPR) or the Florida Board of Accountancy) shall have the right to inspect the Contractor's work papers and supporting documentation related to the services provided under this Agreement.

12. Term and Termination

This Agreement shall commence on [Start Date] and shall continue for a term of [Duration of Agreement].

Option A: This Agreement shall automatically renew for successive [Renewal Period] periods unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.

Option B: Either party may terminate this Agreement for cause upon [Number] days written notice. "Cause" includes, but is not limited to, breach of contract, unprofessional conduct, or failure to meet professional standards.

Option C: Either party may terminate this agreement at any time, without cause, upon [Number] days written notice.

Upon termination, the Contractor shall provide the Client with all records and data in a readily accessible format. Any outstanding charges shall be settled, and refunds, if any, shall be processed promptly.

13. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, fire, flood, hurricane (specific to Florida), or declared emergencies.

14. Insurance

The Contractor shall maintain professional liability insurance with coverage of at least [Dollar Amount] per occurrence.

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

15. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through direct negotiation. If negotiation fails, the parties agree to participate in mediation in [City, Florida]. If mediation is unsuccessful, the parties may pursue binding arbitration in accordance with the laws of Florida.

The choice of law and venue for any legal action shall be Florida, [Specify County or State Court Jurisdiction].

16. Miscellaneous

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Amendment: This Agreement may be amended only by a written instrument signed by both parties.

Assignment/Subcontracting: The Contractor shall not assign or subcontract any of its rights or obligations under this Agreement without the prior written consent of the Client.

Execution: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures shall be valid in accordance with the Florida Uniform Electronic Transaction Act.

Compliance with Laws: The Contractor shall comply with all applicable local, state (including Florida's business and professional regulations), and federal laws and accounting standards, including Florida’s Public Accountancy Act, business licensing, and consumer protection statutes.

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

Client:

____________________________

[Client Full Legal Name/Authorized Signature]

Contractor:

____________________________

[Contractor Full Legal Name/Authorized Signature]