Kansas accounting independent contractor agreement template

Kansas Accounting Independent Contractor Agreement

This Kansas Accounting Independent Contractor Agreement (the “Agreement”) is made and entered into as of this [Date], by and between:

[Client Name], residing at [Client Address], with phone number [Client Phone Number] and email address [Client Email Address] (hereinafter referred to as “Client”),

and

[Contractor Name], residing at [Contractor Address], with phone number [Contractor Phone Number] and email address [Contractor Email Address] (hereinafter referred to as “Contractor”).

1. Scope of Services

The Contractor agrees to provide the following accounting services to the Client:

• Option A: Bookkeeping services, including but not limited to, accounts payable, accounts receivable, bank reconciliations, and general ledger maintenance.
• Option B: Tax preparation and filing services in accordance with Kansas state and local tax laws. The Contractor will prepare and file the following tax returns: [List Tax Returns].
• Option C: Payroll management services, including payroll processing, tax withholding, and filing of payroll tax returns.
• Option D: Financial statement compilation services, including preparation of balance sheets, income statements, and cash flow statements.
• Option E: Audit support services, including preparing schedules and providing documentation to the Client's auditors.
• Option F: Compliance consulting services related to [Specific Compliance Area].
• Option G: Internal controls review and assessment.
• Option H: Other industry-specific tasks: [Describe Specific Tasks].
• Scope: The specific scope of each service will be as mutually agreed upon in writing and attached as Exhibit A.
• Standards: Services will be performed in accordance with generally accepted accounting principles (GAAP) and professional standards applicable in Kansas.
• Reporting Frequency: The Contractor shall provide reports to the Client on a [Frequency: e.g., weekly, monthly, quarterly] basis.
• Deadlines: Specific deadlines for deliverables will be agreed upon in advance for each project.
• Deliverables: The deliverables for each service will be clearly defined in Exhibit A.
• Method and Format: Services will be provided [On-site, Remotely, Hybrid], and deliverables will be provided in [Format: e.g., electronic format, hard copy].

2. Kansas Regulatory Compliance

The Contractor agrees to comply with all applicable Kansas laws and regulations, including:

• Option A: If the Contractor holds CPA credentials, they will adhere to the rules and regulations of the Kansas Board of Accountancy.
• Option B: Compliance with Kansas laws on client confidentiality, data retention, and records destruction.
• Option C: Compliance with all applicable Kansas state and local tax laws.
• Option D: The Contractor confirms that they are properly registered/licensed to provide accounting services in Kansas, if applicable. [License Number, if applicable]
• Option E: The Contractor acknowledges the rules against unauthorized practice of public accountancy in Kansas.

3. Work Location

• Option A: The Contractor will perform the services remotely.
• Option B: The Contractor will perform the services on-site at the Client’s Kansas offices located at [Client Office Address].
• Option C: The Contractor will perform the services in a hybrid arrangement, with [Number] days per week on-site and the remaining days remotely.
• If on-site access to the Client's records or secured data systems is necessary, the Client will provide the Contractor with the appropriate access.
• The Contractor will use secure data transfer standards compliant with Kansas and federal privacy and cyber-security regulations for all electronic communications.

4. Compensation

The Client shall compensate the Contractor as follows:

• Option A: Hourly Rate: [Dollar Amount] per hour.
• Option B: Fixed Fee: [Dollar Amount] per project, as defined in Exhibit A.
• Option C: Project-Based: The Contractor will be paid [Dollar Amount] per completed project milestone, as outlined in Exhibit A.
• Option D: Retainer: [Dollar Amount] per month.
• The Contractor shall submit invoices to the Client on a [Frequency: e.g., weekly, bi-weekly, monthly] basis.
• Invoices must include a detailed description of the services performed, the hours worked (if applicable), and any expenses incurred.
• The Client shall pay all invoices within [Number] days of receipt.
• Late payment penalties will be applied at a rate of [Percentage]% per month, as allowed by Kansas law.
• Payment will be made via [Payment Method: e.g., check, ACH] to the following account: [Bank Name, Account Number, Routing Number].
• The Client is responsible for determining the applicability of Kansas state and local sales or use taxes on the services provided and remitting the appropriate taxes, if any.

5. Ownership of Work Product and Client Data

All accounting records, work papers, digital files, and analyses created by the Contractor for the Client are the exclusive property of the Client.

• Upon termination of this Agreement, the Contractor shall promptly return or destroy all Client materials in accordance with Kansas data privacy and recordkeeping laws.

6. Confidentiality and Non-Disclosure

The Contractor acknowledges that they will have access to confidential information of the Client, including but not limited to financial data, tax filings, employee payroll and social security numbers.

• Option A: The Contractor agrees to hold all such information in strict confidence and not to disclose it to any third party without the Client’s prior written consent, consistent with the Kansas Uniform Trade Secrets Act.
• Option B: This confidentiality obligation shall survive the termination of this Agreement for a period of [Number] years.
• Option C: Permitted Disclosures: The Contractor may disclose confidential information only as required by law or legal process.
• Option D: The Client shall be entitled to injunctive relief and monetary damages for any breach of this confidentiality clause.

7. Independent Contractor Status

The Contractor is an independent contractor and not an employee of the Client.

• The Contractor is not eligible for unemployment or workers’ compensation benefits from the Client.
• The Contractor is responsible for paying all applicable Kansas and federal income taxes, self-employment taxes, and regulatory reporting requirements.
• The Contractor shall provide the Client with a completed IRS Form W-9 prior to the commencement of services. The client will file necessary tax forms (such as a W-9 and annual 1099) as per Kansas Department of Revenue requirements.

8. Liability

The Contractor shall be liable for any damages or losses suffered by the Client as a direct result of the Contractor’s:

• Option A: Failure to deliver timely or accurate services.
• Option B: Data breach or loss caused by the Contractor’s negligence.
• Option C: Professional negligence.
• Option D: Non-compliance with professional accounting standards.
• Option E: The Contractor shall indemnify and hold harmless the Client from any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with the Contractor’s performance of services under this Agreement.

9. Subcontracting

The Contractor shall not subcontract any of the services under this Agreement without the Client’s prior written consent.

10. Regulatory Investigations

In the event of a regulatory investigation by the Kansas Board of Accountancy or state tax authorities related to the services provided under this Agreement, the Contractor shall promptly notify the Client and cooperate fully with the investigation.

11. Insurance

The Contractor shall maintain professional liability/errors and omissions insurance with coverage of at least [Dollar Amount] per claim.

12. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved as follows:

• Option A: The parties shall first attempt to resolve the dispute through good faith discussions.
• Option B: If the dispute cannot be resolved through discussions, the parties shall submit the dispute to mediation in [City, Kansas].
• Option C: If mediation is unsuccessful, the parties may pursue arbitration in [City, Kansas].
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas.
• Jurisdiction: The parties agree that the state and federal courts located in [County Name] County, Kansas shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement.

13. Termination

This Agreement shall terminate on [Date], unless sooner terminated as provided herein.

• Option A: Either party may terminate this Agreement for cause upon [Number] days written notice to the other party.
• Option B: Either party may terminate this Agreement for convenience upon [Number] days written notice to the other party.
• Option C: The Client may terminate this Agreement immediately if the Contractor breaches any legal or ethical obligation.
• Upon termination, the Contractor shall promptly deliver to the Client all work in progress and securely return all Client property.
• The Client shall pay the Contractor for all services completed prior to the termination date.
• The final settlement of fees shall be determined based on the amount of work completed and delivered and in adherence with Kansas law.

14. Data Security

The Contractor shall implement written procedures for safeguarding client information, including:

• Option A: Secure document transfer protocols.
• Option B: Cybersecurity measures to protect against unauthorized access.
• Option C: Compliance with Kansas and federal data protection laws, including the Gramm-Leach-Bliley Act (if applicable).
• The Client shall have the right to audit and inspect the Contractor’s records related to the services provided under this Agreement.

15. Miscellaneous

• Amendment: This Agreement may be amended only by a written instrument signed by both parties.
• Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Assignment: This Agreement may not be assigned by either party without the prior written consent of the other party.
• Notices: All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by email to the addresses set forth above.
• 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 party against whom the waiver is sought to be enforced.

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

[Client Name]

By: [Client Signature]

[Contractor Name]

By: [Contractor Signature]