Independent Contractor Agreement

BACKGROUND:

1. A. The Customer wishes to engage the Contractor to provide American Sign Language interpretive services to and on behalf of the Customer.

1. B. The Contractor is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

Services Provided

1. 1. The Customer hereby agrees to engage the Contractor to provide the Customer and Customer’s clients with services (the "Services") consisting of:

1. • o Interpretation from American Sign Language to English
   • o Interpretation from English to American Sign Language.

1. • 2. The Services will also include any other tasks which the Parties may agree on and any other interpretive services as directed by Customer. The Contractor hereby agrees to provide such Services to the Customer.
   • 3. Customer acknowledges that Contractor may engage in work as an American Sign Language interpreter for other entities and/or may maintain self-employment during the Term of this Agreement.  However, Contractor acknowledges and agrees that in engaging in such outside work, he/she is bound by the terms of this Agreement including, but not limited to, the terms of the Confidentiality and Non-Solicitation sections herein.

Term of Agreement; Termination

1. • 4. The term of this Agreement (the "Term") will begin on the effective date of this Agreement and will remain in full force and effect for five (5) years, unless earlier terminated as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.
   • 5. This Agreement shall terminate immediately upon the occurrence of any of the following: (a) Death of Contractor; (b) A disability or impairment of Contractor which is defined for purposes of this Agreement as a Contractor’s documented and verifiable inability to provide Services due to a physical or mental impairment; (c) Contractor’s conviction of a felony, or of a misdemeanor involving moral turpitude or which, in Customer’s sole discretion, will cause harm or damage to Customer’s business, reputation or community standing; (d) Contractor’s failure to comply with this Agreement, including but not limited to the practices, procedures, guidelines and requirements of Customer that are incorporated in this Agreement; (e) Contractor’s gross or culpable professional negligence in providing Services as determined solely by Customer; (f) Conduct by Contractor that is detrimental to Customer’s business reputation or goodwill, as determined solely by Customer, (g) Contractor’s furnishing of deceptive, false, or fraudulent information to Customer or to its employees, clients, or agents, representatives, or other persons associated with Customer’s clients, at any time during the Term of this Agreement; (h) Customer’s use of alcohol, illegal drugs, or controlled substances while performing Services or in a manner which impairs Contractor or raises reasonable questions about Contractor’s ability to perform Services in the manner required by this Agreement, as determined solely by Customer, including but not limited to a positive drug and/or alcohol screen. 

In addition, either Party may terminate this Agreement, without cause, upon two (2) weeks’ written notice to the other Party. 

Performance

1. • 6. The Parties agree to ensure that the terms of this Agreement take effect.  Contractor further agrees to use his/her best efforts in providing the Services due under this Agreement.

Compensation

1. • 7. For the Services rendered by the Contractor as required by this Agreement, and except as otherwise provided herein, the Customer will provide compensation (the "Compensation") to the Contractor at the rate of

including a two-hour minimum and portal-to-portal time as is industry standard.  Portal time will be calculated in Customer’s sole discretion using Mapquest or a similar online map service.  For multiple consecutive assignments on a given day or day(s), portal time will be divided equally among Customer’s clients for whom or which Contractor provides services for purposes of Customer’s billing practices and will be paid to the Contractor as actual portal time for the day.  The above-described rates and/or rate differentials may be subject to variance based on the terms of Customer’s agreements with its clients. Compensation does not include reimbursement for parking or mileage unless otherwise covered by Customer’s agreement with a given client.

1. The Compensation will be payable, while this Agreement is in force, on a Net 30 days payment schedule.

Performance Penalties

2. If Customer determines, in its sole discretion, that the Contractor fails or refuses to perform the Services as assigned (including but not limited to arriving late, leaving early, or no shows), by this Agreement a performance penalty will be charged based upon the loss of performance, up to and including refusing payment in full. The amount of such performance penalty shall be in Customer’s sole discretion.

Confidentiality

3. As used herein, "Confidential Information" refers to any data or information about business, marketing and financial matters (including, without limitation, information relating to costs, profits, budgets and plans for future development, strategy, methods of operation or production, formulas, and marketing concepts) of Employer, its employment policies and plans, and any other trade secret and/or proprietary information relating to Customer or its operations, business, marketing or financial affairs or any other information that is not generally available and for which the release of such information could reasonably be expected to cause harm to the Customer. “Confidential information” shall also include information that has been disclosed by a third party to the Customer or the Contractor in the course of performance of Contractor’s Services hereunder and is protected by a non-disclosure agreement or similar confidentiality obligation entered into between the third party and the Customer.

4. The Contractor agrees not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information, except as necessary in the performance of Contractor’s Services under this Agreement, as authorized by the Customer or as required by law. This obligation will survive indefinitely upon termination of this Agreement.[1]

Non-Solicitation

5. Contractor acknowledges and agrees that any attempt on the part of the Contractor to interfere with, in any way, the Customer's relationship with its employees, other service providers affiliated with or engaged by the Customer, or the Customer’s clients or prospective clients that would be harmful and damaging to the Customer.

6. The Contractor agrees that, during the term of this Agreement, and for a period of one (1) year after the termination of the Agreement, the Contractor will not in any way directly or indirectly:
   1. solicit, induce, or encourage, or attempt to solicit, induce, or encourage, any employee or other service provider affiliated with or engaged by the Customer to leave employment, retainer, or other engagement with the Customer or to accept employment with or render services for any competitor of Customer;
   2. otherwise interfere with or disrupt the Customer's relationship with its employees or other service providers affiliated with or engaged by the Customer;
   3. discuss, promote, or otherwise provide information about competitive employment or competitive employment opportunities to any of the Customer's employees or other service providers affiliated with or engaged by the Customer;
   4. induce or attempt to induce any client or prospective client of the Customer to cease to utilize the services of the Customer;
   5. otherwise interfere with or disrupt the Customer’s relationship with its clients or prospective clients; or
   6. solicit, entice, or engage, or attempt to solicit, entice, or engage for like professional services any client or prospective client of the Customer.

Ownership of Materials and Intellectual Property

7. All intellectual property and related materials (the "Intellectual Property") including any related work in progress that is developed or produced, whether in whole or in part, by Contractor in connection with the performance of Services under this Agreement, will be the sole property of the Customer. The use of the Intellectual Property by the Customer will not be restricted in any manner.

8. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement, except with the written consent of the Customer. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.

Return of Property

9. Upon the expiry or termination of this Agreement, the Contractor will immediately return to the Customer any property, documentation, records, equipment, Confidential Information, or any other data or tangible thing which is the property of the Customer (including but not limited to name tags, Customer-issued business cards, marketing materials, etc.).

Capacity/Independent Contractor

10. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service. Contractor shall be solely responsible for the payment of all applicable Federal, State, and local income taxes and all applicable self-employment taxes.  Contractor acknowledges and understands that occupational taxes and other potentially applicable taxes are or may be assessed by localities (e.g., city and/or county) where work is performed in accordance with applicable law.

Notice

11. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:

1. Interpreting Service of the Commonwealth, LLC
   P O Box 3832
   61 Lake Walk Drive

West Somerset, Kentucky, 42564

Phone: (606) 401-2328
Fax: (855) 621-0796
Email: contact@iscky.net

[1] 18 U.S.C. § 1833(b) provides that “[a]n individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to any attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.”  Pursuant to this statute, the parties to this Agreement have the right to disclose in confidence trade secrets under the above-described conditions.  Nothing in this Agreement is intended to conflict with 18 U.S.C. § 1833(b) or create liability for disclosures of trade secrets that are expressly allowed by 18 U.S.C. § 1833(b). 

Indemnification

1. The Contractor will indemnify and hold harmless the Customer from and against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever to the extent that any of the foregoing is proximately caused either by the negligent or willful acts or omissions of the Contractor or its agents or representatives and that are incurred or paid after the effective date of this Agreement and which result from or arise out of the Contractor's Services provided under or participation in this Agreement. Contractor further agrees to indemnify and hold the Customer harmless for and from any and all claims, costs, damages, fees, penalties, interest, or any other losses arising from Contractor’s negligent of intentional failure to comply with Contractor’s Federal, State, or local tax obligations. This indemnification provision will survive the termination of this Agreement.

Insurance

2. The Customer will maintain professional liability insurance including coverage for bodily injury and property damage in the amount of at least $2,000,000 for all Customer assignments. The Contractor is responsible for insurance coverage for all Non-Customer assignments.  The Customer will provide coverage of Worker’s Compensation Insurance for Customer assignments only.  All insurance policies will remain materially unchanged for the duration of this Agreement.

Dispute Resolution

3. In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through informal dispute resolution and/or mediation.
4. If informal dispute resolution or mediation is not successful in resolving the entire dispute, the parties expressly agree that any dispute concerning or arising out of the terms and conditions of this Agreement or Contractor’s engagement for Services under this Agreement will be submitted to final and binding arbitration in Somerset, Kentucky in accordance with the laws of the Commonwealth of Kentucky. Any such demand for arbitration must be delivered personally or by certified mail to the other party’s address as provided herein within sixty (60) days of the failure of such informal dispute resolution or mediation. The arbitrator's award will be final and shall be conducted in accordance with the rules of the American Arbitration Association.

Costs and Legal Expenses

5. In the event that legal action is brought to enforce or interpret any term of this Agreement, the Customer shall be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.

Modification of Agreement

6. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by Contractor and the Customer’s President and CEO.

Assignment

7. The Contractor will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.

Entire Agreement

8. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior agreements or understandings of any kind between the parties pertaining to the subject matter of this Agreement. Contractor represents and acknowledges that in executing this Agreement he/she has not relied, and is not relying, upon any representations by any person other than those representations that are contained in this Agreement. 

Titles/Headings

9. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Gender

10. Words in the singular mean and include the plural and vice versa. Words in all gender identifications mean and include each designation and vice versa.

Governing Law

11. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Commonwealth of Kentucky, within the jurisdiction of Pulaski County.

Severability

12. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

13. The waiver by Customer of a breach, default, delay or omission of any of the provisions of this Agreement by the Contractor will not be construed as a waiver of any subsequent breach of the same or other provisions.

      Acknowledgement by Contractor

34. The Contractor acknowledges that the provisions and covenants in this Agreement are reasonable and necessary to preserve the business interests of the Customer, its present and potential business activities, and the economic benefits derived therefrom, that the restrictions will not prevent Contractor from earning a livelihood in Contractor’s chosen business, that they do not impose an undue hardship on him/her and that they will not injure the public.

Contractor’s Provision of Services

35. Contractor shall maintain professionalism at all times while performing Services under this Agreement. This includes, but is not limited to wearing appropriate professional attire while on an assignment and adhering to the RID/NAD Code of Professional Conduct, as it may be amended from time to time by that professional organization and which is attached hereto as Exhibit 1 and is incorporated by reference herein.  Failure to maintain professionalism or failure to comply with the RID/NAD Code of Professional Conduct, as determined by Customer in its sole discretion, may be grounds for immediate termination of this Agreement. 
36. Communication is of utmost importance to Customer. Contractor agrees to communicate with Customer, Customer’s clients, and other persons in the performance of Services under this Agreement in a prompt and professional manner.
37. Transporting deaf consumers, participants, agents or other deaf persons associated with Customer’s client while on a Customer assignment or otherwise in the course of performing Services under this Agreement is strictly prohibited except as authorized in advance by Customer’s President and CEO.
38. As a condition of Contractor’s engagement in Services under this Agreement, Contractor agrees to comply with the following policies and practices of Customer governing assignment scheduling and completion. Such policies and practices are attached hereto as Exhibit 2. Failure or refusal to comply with such policies and practices may constitute grounds for immediate termination of Contractor’s Agreement.
39. Further, as a condition of Contractor’s engagement in Services under this Agreement, and including as a pre-condition to Contractor’s initial engagement under this Agreement, Contractor agrees to promptly submit to drug and/or alcohol screens as may be requested in Customer’s sole discretion, and in accordance with the terms and conditions of the Independent Contractor Drug- and Alcohol-Free Requirements, which is attached as Exhibit 3 and incorporated by reference herein. No assignments will be scheduled nor may Contractor perform any Services under this Agreement during any period in which drug and/or alcohol screening results are pending. 
40. While on an assignment or otherwise performing Services under this Agreement, Contractor acknowledges and agrees he/she is engaged by Customer and except with regard to the authorized performance of Services under this Agreement, Contractor does not represent or have authority to act on behalf of Customer. All questions regarding billing, future assignments, legal issues, etc. should be referred to Customer.
41. Following the effective date of this Agreement and during the Term of this Agreement, and as a condition of Contractor’s engagement in Services under this Agreement, the Contractor agrees to submit to background checks, and health screens (i.e. TB skin tests), as well as vaccination updates (as necessary), immunizations, and other screenings as may be reasonably required by Customer or Customer’s clients. Customer will pay for the background checks. Health screens and vaccinations are to be paid by the Contractor if he/she will be performing Services in any facilities where Customer’s agreements with its clients require such.  Annual Flu shots, if required, are typically required in Fall (Sept/Oct).  For those Contractors that decline the flu shot, Customer will endeavor to accommodate the Contractor by not placing the Contractor in assignments requiring such immunization between September through March, or with such other accommodations as may be available or reasonable in Customer’s sole discretion.  For allergies or adverse reactions to the TB skin test, flu shot or other health screens or procedures required herein, Customer reserves the right to require documentation of such must be provided by a physician.

NAD-RID CODE OF PROFESSIONAL CONDUCT

Scope

The National Association of the Deaf (NAD) and the Registry of Interpreters for the Deaf, Inc. (RID) uphold high standards of professionalism and ethical conduct for interpreters. Embodied in this Code of Professional Conduct (formerly known as the Code of Ethics) are seven tenets setting forth guiding principles, followed by illustrative behaviors.

The tenets of this Code of Professional Conduct are to be viewed holistically and as a guide to professional behavior. This document provides assistance in complying with the code. The guiding principles offer the basis upon which the tenets are articulated. The illustrative behaviors are not exhaustive, but are indicative of the conduct that may either conform to or violate a specific tenet or the code as a whole.

When in doubt, the reader should refer to the explicit language of the tenet. If further clarification is needed, questions may be directed to the national office of the Registry of Interpreters for the Deaf, Inc.

This Code of Professional Conduct is sufficient to encompass interpreter roles and responsibilities in every type of situation (e.g., educational, legal, medical). A separate code for each area of interpreting is neither necessary nor advisable.

Philosophy

The American Deaf community represents a cultural and linguistic group having the inalienable right to full and equal communication and to participation in all aspects of society. Members of the American Deaf community have the right to informed choice and the highest quality interpreting services. Recognition of the communication rights of America’s women, men, and children who are deaf is the foundation of the tenets, principles, and behaviors set forth in this Code of Professional Conduct.

Voting Protocol

This Code of Professional Conduct was presented through mail referendum to certified interpreters who are members in good standing with the Registry of Interpreters for the Deaf, Inc. and the National Association of the Deaf. The vote was to adopt or to reject.

Adoption of this Code of Professional Conduct

Interpreters who are members in good standing with the Registry of Interpreters for the Deaf, Inc. and the National Association of the Deaf voted to adopt this Code of Professional Conduct, effective July 1, 2005. This Code of Professional Conduct is a working document that is expected to change over time. The aforementioned members may be called upon to vote, as may be needed from time to time, on the tenets of the code.

The guiding principles and the illustrative behaviors may change periodically to meet the needs and requirements of the RID Ethical Practices System. These sections of the Code of Professional Conduct will not require a vote of the members. However, members are encouraged to recommend changes for future updates.

Function of the Guiding Principles

It is the obligation of every interpreter to exercise judgment, employ critical thinking, apply the benefits of practical experience, and reflect on past actions in the practice of their profession. The guiding principles in this document represent the concepts of confidentiality, linguistic and professional competence, impartiality, professional growth and development, ethical business practices, and the rights of participants in interpreted situations to informed choice. The driving force behind the guiding principles is the notion that the interpreter will do no harm.

When applying these principles to their conduct, interpreters remember that their choices are governed by a “reasonable interpreter” standard. This standard represents the hypothetical interpreter who is appropriately educated, informed, capable, aware of professional standards, and fair-minded.

CODE OF PROFESSIONAL CONDUCT

Tenets

1. Interpreters adhere to standards of confidential communication.
2. Interpreters possess the professional skills and knowledge required for the specific interpreting situation.
3. Interpreters conduct themselves in a manner appropriate to the specific interpreting situation.
4. Interpreters demonstrate respect for consumers.
5. Interpreters demonstrate respect for colleagues, interns, and students of the profession.
6. Interpreters maintain ethical business practices.
7. Interpreters engage in professional development.

Conflict of Interest: A conflict between the private interests (personal, financial, or professional) and the official or professional responsibilities of an interpreter in a position of trust, whether actual or perceived, deriving from a specific interpreting situation.

Consumers: Individuals and entities who are part of the interpreted situation. This includes individuals who are deaf, deaf-blind, hard of hearing, and hearing.

Applicability

1. This Code of Professional Conduct applies to certified and associate members of the Registry of Interpreters for the Deaf, Inc., Certified members of the National Association of the Deaf, interns, and students of the profession.
2. Federal, state or other statutes or regulations may supersede this Code of Professional Conduct. When there is a conflict between this code and local, state, or federal laws and regulations, the interpreter obeys the rule of law.
3. This Code of Professional Conduct applies to interpreted situations that are performed either face-to-face or remotely.

Definitions
For the purpose of this document, the following terms are used:

Colleagues: Other interpreters.

1.0 CONFIDENTIALITY

Tenet: Interpreters adhere to standards of confidential communication.

Guiding Principle: Interpreters hold a position of trust in their role as linguistic and cultural facilitators of communication. Confidentiality is highly valued by consumers and is essential to protecting all involved.

Each interpreting situation (e.g., elementary, secondary, and post-secondary education, legal, medical, mental health) has a standard of confidentiality. Under the reasonable interpreter standard, professional interpreters are expected to know the general requirements and applicability of various levels of confidentiality. Exceptions to confidentiality include, for example, federal and state laws requiring mandatory reporting of abuse or threats of suicide, or responding to subpoenas.

Illustrative Behavior - Interpreters:

1.1 Share assignment-related information only on a confidential and “as-needed” basis (e.g., supervisors, interpreter team members, members of the educational team, hiring entities).

1.2 Manage data, invoices, records, or other situational or consumer-specific information in a manner consistent with maintaining consumer confidentiality (e.g., shredding, locked files).

1.3 Inform consumers when federal or state mandates require disclosure of confidential information.

2.0 PROFESSIONALISM

Tenet: Interpreters possess the professional skills and knowledge required for the specific interpreting situation.

Guiding Principle: Interpreters are expected to stay abreast of evolving language use and trends in the profession of interpreting as well as in the American Deaf community.

Interpreters accept assignments using discretion with regard to skill, communication mode, setting, and consumer needs. Interpreters possess knowledge of American Deaf culture and deafness-related resources.

Illustrative Behavior - Interpreters:

2.1 Provide service delivery regardless of race, color, national origin, gender, religion, age, disability, sexual orientation, or any other factor.

2.2 Assess consumer needs and the interpreting situation before and during the assignment and make adjustments as needed.

2.3 Render the message faithfully by conveying the content and spirit of what is being communicated, using language most readily understood by consumers, and correcting errors discreetly and expeditiously.

2.4 Request support (e.g., certified deaf interpreters, team members, language facilitators) when needed to fully convey the message or to address exceptional communication challenges (e.g. cognitive disabilities, foreign sign language, emerging language ability, or lack of formal instruction or language).

2.5 Refrain from providing counsel, advice, or personal opinions.

2.6 Judiciously provide information or referral regarding available interpreting or community resources without infringing upon consumers’ rights.

3.0 CONDUCT

Tenet: Interpreters conduct themselves in a manner appropriate to the specific interpreting situation.

Guiding Principle: Interpreters are expected to present themselves appropriately in demeanor and appearance. They avoid situations that result in conflicting roles or perceived or actual conflicts of interest.

Illustrative Behavior - Interpreters:

3.1 Consult with appropriate persons regarding the interpreting situation to determine issues such as placement and adaptations necessary to interpret effectively.

3.2 Decline assignments or withdraw from the interpreting profession when not competent due to physical, mental, or emotional factors.

3.3 Avoid performing dual or conflicting roles in interdisciplinary (e.g. educational or mental health teams) or other settings.

3.4 Comply with established workplace codes of conduct, notify appropriate personnel if there is a conflict with this Code of Professional Conduct, and actively seek resolution where warranted.

3.5 Conduct and present themselves in an unobtrusive manner and exercise care in choice of attire.

3.6 Refrain from the use of mind-altering substances before or during the performance of duties.

3.7 Disclose to parties involved any actual or perceived conflicts of interest.

3.8 Avoid actual or perceived conflicts of interest that might cause harm or interfere with the effectiveness of interpreting services.

3.9 Refrain from using confidential interpreted information for personal, monetary, or professional gain.

3.10 Refrain from using confidential interpreted information for the benefit of personal or professional affiliations or entities.

4.0 RESPECT FOR CONSUMERS

Tenet: Interpreters demonstrate respect for consumers.

Guiding Principle: Interpreters are expected to honor consumer preferences in selection of interpreters and interpreting dynamics, while recognizing the realities of qualifications, availability, and situation.

Illustrative Behavior - Interpreters:

4.1 Consider consumer requests or needs regarding language preferences, and render the message accordingly (interpreted or transliterated).

4.2 Approach consumers with a professional demeanor at all times.

4.3 Obtain the consent of consumers before bringing an intern to an assignment.

4.4 Facilitate communication access and equality, and support the full interaction and independence of consumers.

5.0 RESPECT FOR COLLEAGUES

Tenet: Interpreters demonstrate respect for colleagues, interns and students of the profession.

Guiding Principle: Interpreters are expected to collaborate with colleagues to foster the delivery of effective interpreting services. They also understand that the manner in which they relate to colleagues reflects upon the profession in general.

Illustrative Behavior - Interpreters:

5.1 Maintain civility toward colleagues, interns, and students.

5.2 Work cooperatively with team members through consultation before assignments regarding logistics, providing professional and courteous assistance when asked and monitoring the accuracy of the message while functioning in the role of the support interpreter.

5.3 Approach colleagues privately to discuss and resolve breaches of ethical or professional conduct through standard conflict resolution methods; file a formal grievance only after such attempts have been unsuccessful or the breaches are harmful or habitual.

5.4 Assist and encourage colleagues by sharing information and serving as mentors when appropriate.

5.5 Obtain the consent of colleagues before bringing an intern to an assignment.

6.0 BUSINESS PRACTICES

Tenet: Interpreters maintain ethical business practices.

Guiding Principle: Interpreters are expected to conduct their business in a professional manner whether in private practice or in the employ of an agency or other entity. Professional interpreters are entitled to a living wage based on their qualifications and expertise. Interpreters are also entitled to working conditions conducive to effective service delivery.

Illustrative Behavior - Interpreters:

6.1 Accurately represent qualifications, such as certification, educational background, and experience, and provide documentation when requested.

6.2 Honor professional commitments and terminate assignments only when fair and justifiable grounds exist.

6.3 Promote conditions that are conducive to effective communication, inform the parties involved if such conditions do not exist, and seek appropriate remedies.

6.4 Inform appropriate parties in a timely manner when delayed or unable to fulfill assignments.

6.5 Reserve the option to decline or discontinue assignments if working conditions are not safe, healthy, or conducive to interpreting.

6.6 Refrain from harassment or coercion before, during, or after the provision of interpreting services.

6.7 Render pro bono services in a fair and reasonable manner.

6.8 Charge fair and reasonable fees for the performance of interpreting services and arrange for payment in a professional and judicious manner.

7.0 PROFESSIONAL DEVELOPMENT

Tenet: Interpreters engage in professional development.

Guiding Principle: Interpreters are expected to foster and maintain interpreting competence and the stature of the profession through ongoing development of knowledge and skills.

Illustrative Behavior - Interpreters:

7.1 Increase knowledge and strengthen skills through activities such as:

• pursuing higher education;
• attending workshops and conferences;
• seeking mentoring and supervision opportunities;
• participating in community events; and engaging in independent studies.

7.2 Keep abreast of laws, policies, rules, and regulations that affect the profession.

EXHIBIT 2 to Independent Contractor Agreement

Interpreting Service of the Commonwealth, LLC

Assignment Completion and Scheduling Procedures and Requirements

for Independent Contractors 

2. Once confirmed for an assignment, Interpreting Service of the Commonwealth’s (“ISC”) scheduling system will send an email as confirmation.  The details of the assignment can be obtained by logging into the scheduling system located on ISC’s website, www.iscky.net under the “Schedule Service” tab with the login information provided.  If you do not receive a confirmation, please contact ISC immediately.  Please contact ISC for any problems with login and/or password problems.  Additionally, any discrepancies in assignment details (i.e. time, location, date, etc.) must be immediately communicated to ISC.
3. If for some reason you cannot make the scheduled assignment, please call ISC Additionally, if you are running late for an assignment, you MUST call the contact person of the assignment to notify them and then let ISC know of your approximate arrival time.
4. ISC is committed to meeting all of the commitments it makes.  When inclement weather causes dangerous conditions, we depend on communication and common sense to determine how to proceed.  If the interpreter is unable to travel due to the weather and road conditions, he/she must inform ISC management immediately.  If the interpreter feels it is safe to proceed, inform ISC management of that as well.  ISC management has inclement weather protocols in place for the places it serves.  We monitor media outlets and websites to document official closures.  When our protocols are worked through and we have an official closure or cancellation due to the weather, we will notify all affected interpreters.  Any questions should be directed to ISC management. ISC does not pay for cancellations due to inclement weather.
5. Interpreting Service of the Commonwealth has a 24 CLOCK hours cancellation policy. If an assignment is cancelled and you have been given more than 24 hour notice, you will not be paid for that assignment.  If the cancellation is less than 24 hours, you will be paid for the service time scheduled, no portal, unless you are en route.  If you arrive at an assignment and find that is has been cancelled, you will be paid for the service time scheduled and portal.  Time stamps on phone logs, texts and emails will be used to determine the time a cancellation was made.  ISC pays for cancellations/no shows within the stipulations of ISC contracts.  If you are running late to an assignment and it is cancelled upon your arrival, you may not be paid the two hour minimum depending upon how late you were when you arrived.
6. Immediately upon arriving at your assignment, you MUST notify the contact person or the receptionist that you are there and provide them with an ISC-issued business card with your name provided on the card. In accordance with the Non-Solicitation section of the Independent Contractor Agreement DO NOT hand out your personal business cards while on ISC assignments but rather give the business cards issued to you by ISC.  The contact person may request you for future assignments by contacting ISC.
7. In case of the client NO SHOW, you MUST wait at least 15 minutes for the client.  Before leaving the assignment, you MUST check in with the contact person at the assignment to see if he/she wants you to continue waiting, and notify ISC personnel.  If there are ANY deviations from the assignment (went over, no show, etc) you MUST notify ISC immediately preferably via email or text. While 15 minutes is the normal minimal amount of time to wait, the time may vary depending on particular contracts.  Communicate with ISC management with questions.

8. Paper invoices are no longer accepted. ISC utilizes Aqua Scheduling to schedule, invoice our clients and generate invoices for interpreters.  Per the instructions that have been disseminated, completion of assignments in Aqua are expected DAILY.  If assignments are not completed in the system in a timely manner, the date of the assignment completion as recorded by the system will become the invoice date and payment will be remitted 30 days from that date.  Otherwise, terms for payment of invoices will be Net 30 days as is industry standard.  Please contact ISC regarding any questions you have regarding Aqua Scheduling.  NOTE:  Any payment discrepancies MUST be presented within 30 days of receipt of the check in question. 

EXHIBIT 3 to Independent Contractor Agreement

INDEPENDENT CONTRACTOR DRUG- AND ALCOHOL-FREE

REQUIREMENTS

Interpreting Service of the Commonwealth

The work of interpreting requires a clear mind to deliver messages between the Deaf who Interpreting Service of the Commonwealth (“ISC” or “the Company”) serves and the clients who trust us to represent them accurately and well.  ISC is also committed to maintaining a safe, productive work environment for persons it engages as independent contractors.  As such, ISC takes its policy regarding the use of illegal drugs and the improper use of alcohol, prescribed drugs or other controlled substances very seriously. 

Except as otherwise provided in this policy, the Company strictly prohibits the use, manufacture, possession, purchase, sale, distribution, or transport of alcohol, illegal drugs, or controlled substances not taken in accordance with a valid prescription (“prohibited substances”) during working hours, including time traveling to or from an assignment for ISC, or on Company or client premises.  The Company also strictly prohibits independent contractors from reporting to work or engaging in work while under the influence of prohibited substances.  ISC reserves the right to require independent contractors and/or prospective independent contractors to take a drug or alcohol screening test, to the extent permitted by and in accordance with federal, state, and local law and/or as required pursuant to ISC’s agreements with clients or others.  Violation of this policy may be grounds for immediate termination of an independent contractor’s agreement with or engagement by ISC.

If ISC learns that an independent contractor’s ability to perform job duties is impaired due to off-duty use of prohibited substances, ISC reserves the right to immediately remove the individual from a given assignment or otherwise restrict the individual work duties.  The time away from work will be unpaid.

This Policy does not prohibit the lawful use of prescription or non-prescription medications, when taken in accordance with a lawful prescription or consistent with the standard dosage recommendations, and provided that such medications do not pose a direct threat to the health or safety of the individual or others.  Before commencing work while taking prescription or non-prescription medications, such individuals must consult with their medical provider, and/or take any other reasonable steps, to determine whether the medication may negatively affect their work performance or fitness for duty. The independent contractor must notify a member of ISC management as soon as practicable if he/she becomes aware of any negative effect of such medications on their fitness for duty.

Notification of Convictions

As a condition of employment, an independent contractor must notify ISC in writing within five calendar days of any conviction(s) involving alcohol, illegal drugs, or controlled substances not taken in accordance with a valid prescription. The organization reserves the right to take appropriate action within 30 days of notification, which may include notifying ISC contracting entities when appropriate and/or required by the service agreements ISC has in place, or may be grounds for immediate termination of an independent contractor’s agreement with or engagement with the Company.  

Drug Testing

The Company reserves the right to require independent contractors or prospective contractors to submit to testing in accordance with this Policy to determine whether there is evidence of use of prohibited substances. The Company reserves the right to conduct testing under the following circumstances:

• Pre-Engagement: The Company may require prospective independent contractors to submit to drug testing.  Refusal to submit to testing will result in disqualification for employment consideration.  The Company reserves the right to refuse to hire a prospective independent contractor with a confirmed positive test.
• Reasonable Suspicion: Independent contractors may be required to submit to testing for prohibited substances if ISC reasonably suspects them of using, possessing, or being under the influence of prohibited substances in violation of this Policy.
• Post-Accident: In accordance with applicable federal, state, and local law, independent contractors may be required to submit to testing for prohibited substances when, following an accident or damage to Company or client property by an independent contractor, the Company has reason to believe that drug or alcohol use is likely to have contributed to such accident or property damage.
• Random: The Company reserves the right to randomly select independent contractors for drug testing.

To ensure the accuracy and fairness of testing, all testing is conducted according to Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines where applicable.  ISC pays for any screening it requires of the contractor.  

When the administration of ISC sends an e-mail directing a drug screen, the independent contractor must submit to and complete the drug screen within 24 clock hours (not business hours) of the timestamp it was sent in order to assure its validity.  ISC reserves the right to require independent contractors to submit to alcohol screenings as soon as practicable, and in any event within fewer than 24 hours from ISC’s notification that such test will be required.  Attached to the e-mail directing such screening will be a form to take to the LabCorp facility which will receive your sample for screening. 

A positive result on a drug or alcohol test, refusal to submit to drug or alcohol testing, or failure to timely submit to a drug or alcohol test may result in disciplinary action, up to and including immediate termination of an independent contractor’s agreement with or engagement by the Company.