Due to strict (AB)5 California Labor Laws, our agency does not pay Independent Contractors for business expenses such as mileage, travel time, tolls, parking, etc.
If you wish to increase your hourly rate to accommodate this change, please include this in your quote for each assignment.
Request for quotes does not guarantee acceptance of your rate, as these will be evaluated on a per assignment basis as outlined in contract below.
2. PAYMENT FOR SERVICES. Contractor will provide Recipient with a quote for each Assignment accepted. Each quote shall be inclusive of all fees and costs. The Recipient will pay compensation to the Contractor for the Services based upon the quote. Payments will be made as follows:
Quoted hourly rate with a minimum of 2 hours. Additional minimum hours may be negotiated on a per Assignment basis. The quoted hourly rate shall be inclusive of all expenses and costs. No other fees and/or expenses will be paid to the Contractor. The Contractor shall be solely responsible for any and all taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to such compensation. The Contractor is solely responsible for the payment of Contractor’s costs and expenses.
3. TERM/TERMINATION. Termination of this agreement will occur as follows:
Either party may terminate this Agreement upon thirty-days’ written notice. For purposes of this provision, email notification shall be considered written notification. Such termination shall be effective upon the expiration of such thirty-day period, or the completion of any Assignments in progress, whichever is later.
4. RELATIONSHIP OF PARTIES. It is understood by the parties that the Contractor is an independent contractor with respect to the Recipient, and not an employee of the Recipient. The Recipient will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor.
It is contemplated that the relationship between the Contractor and the Recipient shall be a non-exclusive one. The Contractor also performs services for other organizations and/or individuals, including direct competitors of Recipient. The Recipient has no right to further inquire into the Contractor's other activities.
5. RECIPIENT'S CONTROL. The Recipient has no right or power to control or otherwise interfere with the Contractor's mode of effecting performance under this Agreement. The Recipient's only concern is the result of the Contractor's work, and not the means of accomplishing it. The Contractor shall, at all times, perform the Services without supervision by the Recipient.
6. PROFESSIONAL CAPACITY. The Contractor is a skilled professional who uses his or her own professional and business methods to perform services. The Contractor has not and will not receive training from the Recipient regarding how to perform the Services.
7. PERSONAL SERVICES REQUIRED. Because the Services require a specific set of skills, the Contractor is required to render the Services personally and may not employ others to perform the Services without the Recipient's knowledge and consent.
If Contractor is unable to perform the Services due to illness or other circumstances beyond Contractor’s control, Contractor shall immediately notify Recipient so a replacement may be arranged by Recipient.
If the Contractor has assistants, it is the Contractor's responsibility to hire them and to provide materials, equipment and supplies for them.
* UPDATED ON 09/15/2020
8. CONTRACTOR RESPONSIBLE FOR OWN BUSINESS FACILITY. The Contractor has no office, equipment, or other supplies either located at or furnished by the Recipient. Contractor shall provide Contractor’s own business facilities, equipment, and supplies needed to perform an Assignment. The Recipient serves as a clearinghouse for interpretation and translation services, and does not employ any individuals who perform the same services as the Contractor.
9. NO SET WORK HOURS. The Contractor has no set hours of work. There is no requirement that the Contractor work full time or otherwise account for work hours to Recipient.
10. EXPENSES PAID BY CONTRACTOR. All of Contractor's business and travel expenses shall be paid for by the Contractor, including but not limited to, advertising and insurance.
11. EVIDENCE OF ESTABLISHED BUSINESS. Before performing any Assignment, Contractor shall provide Recipient with a copy of Contractor’s valid business license. Additionally, Contractor shall provide Recipient with a copy of any organizational documents and valid tax identification number established for Contractor’s business.
12. CONFIDENTIALITY. Contractor may have access to proprietary, private and/or otherwise confidential information ("Confidential Information") of the Recipient. Confidential Information shall mean all non-public information which constitutes, relates or refers to the operation of the business of the Recipient, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the Recipient, and any and all trade secrets, customer lists and contact information, or pricing information of the Recipient. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. The Contractor will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Contractor, or divulge, disclose, or communicate in any manner any Confidential Information. The Contractor will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, the Contractor will return to the Recipient all Confidential Information, whether physical or electronic, and other items that were used, created, or controlled by the Contractor during the term of this Agreement.
This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) in a complaint or other document filed in a lawsuit if made under seal.
13. INJURIES. The Contractor acknowledges that Contractor is responsible for obtaining insurance coverage for the benefit of the Contractor (and the Contractor's employees, if any), and shall further name Recipient as an additional insured on any such coverage obtained. The Recipient shall not provide any insurance coverage to Contractor or Contractor’s employees.
14. LIMITATION OF LIABILITY. Recipient will not be liable to Contractor, or to anyone who may claim any right due to a relationship with Contractor, for any acts or omissions in the performance of services under the terms of this Agreement or on the part of the employees or agents of Recipient unless those acts or omissions are due to the willful misconduct of Recipient. Contractor will indemnify and hold Recipient free and harmless from any damages, obligations, costs, claims, judgments, attorneys' fees, and awards arising from, growing out of, or in any way connected with the services rendered by Contractor under the terms of this Agreement.
[Signatures to Follow]
You can find information on where to obtain a Business License here: https://www.sos.ca.gov/business-programs/business-entities/starting-business/ & http://www.calgold.ca.gov/
In order for Now Interpreters to be in compliance, all Independent Contractors will need to register with the IRS for a Tax ID number if they haven't already.
If you don't have one, you can request one for free from the IRS directly: https://www.irs-tax-ein-number.com
Please fill out the form below or upload your signed document in the box provided.
View W-9 Form Online for Reference. https://www.irs.gov/pub/irs-pdf/fw9.pdf
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.