VIEWS: 329 PAGES: 11 CATEGORY: Legal Forms POSTED ON: 5/19/2010
Prepare client contracts for a US security services company with this customizable USA Security Guard Services Agreement. - Scope of Services. The scope of the security guard's services include regular patrols of the premises and parking areas, preparing daily shift reports, reporting all accidents and incidents. - Personnel. The security company is responsible for hiring, training, supervising, equipping and outfitting all security guards. - Requirements. Guards must be fluent in spoken and written English, have a valid driver's license and be a citizen of the United States and legally able to work in the country in accordance with the Immigration Reform and Control Act. - Payroll and Taxes. The security company is responsible for paying any sales and use taxes to suppliers for materials it requires to fulfill its obligations, and for paying its own taxes, payroll taxes, remittances and benefits. - Insurance. The security company will carry adequate general liability, automobile liability and worker's compensation insurance. - Fidelity Bond. The security company is responsible for obtaining a fidelity bond up to $10,000 for each officer assigned to the client. - Off Limits Areas. The client is responsible for security in any areas that are off limits to security personnel. This USA Security Guard Services Agreement is provided in MS Word format and is fully editable.
Contract No. _________ AGREEMENT FOR SECURITY GUARD SERVICES THIS AGREEMENT is made and entered into by and between: [NAME OF SECURITY COMPANY] [address] (“Contractor”) - and - [NAME OF CLIENT] [address] (“Client”) WHEREAS, Client requires professional security and protective services for its premises located at ___________________________ [insert name and description of building(s)]; AND WHEREAS, Contractor represents that it is professionally qualified, able and ready to provide such services; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the covenants and premises contained in this Agreement, the parties hereto agree as follows: 1. Description of Services Client hereby retains Contractor as an independent security and protection service, to perform the services set out in Exhibit A – Scope of Services, attached hereto and made a part hereof by reference, and such additional or amended services as the parties may agree in writing (collectively, the “Services”). 2. Term of Agreement This Agreement shall be effective for a period of ______ months/years, commencing on __________ [insert start date] and expiring on __________ [insert end date], unless renewed by the parties in writing. 3. Access to Premises Client shall, within twenty-four (24) hours of request by Contractor, provide Contractor’s security personnel with access to all areas of Client’s premises deemed necessary by Contractor. If any area of the premises is to be off-limits to Contractor’s security personnel, Client must notify Contractor in writing. 4. Service Rates 4.1 The Services shall be provided at the rates set out in Exhibit B – Service Rates, attached hereto and made a part hereof by reference. 4.2 Contractor agrees not to increase the Service Rates for a period of _______ months after the effective date, after which time the Service Rates may be increased if Contractor’s costs to provide the Services have increased by more than _____%. Client shall have the right to audit Contractor’s records to verify any cost increase. Contractor agrees to give Client ________ days written notice prior to putting any increase into effect. -2- 5. Invoicing and Payment 5.1 Client will issue a Blanket Purchase Order (BPO) to Client to cover all security guard services. Contractor will issue a [weekly/monthly] invoice which shall reference the BPO number. 5.2 Invoices are due on receipt. Unless otherwise agreed to by Contractor, Client will make payment by check, money order or credit card. 5.3 Payment must be received within _____ days after receipt of the invoice. Invoices not paid within such ___-day period will accrue interest at the rate of _____% per annum, or the highest rate allowable by law, whichever is higher. 6. Independent Contractor 6.1 Contractor undertakes performance of the Services as an independent contractor and shall not be construed as an employee of Client, and this Agreement will not be construed to create a partnership, joint venture, agency or employment relationship between the parties. 6.2 Contractor will not have the right or authority to create any obligation or responsibility on Client’s behalf or to obligate or bind Client in any respect. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill its obligations under this Agreement. 7. Right of Control Contractor shall, within appropriate ethical and moral standards, have absolute control over the methods by which it performs the Services under this Agreement. 8. Insurance 8.1 At all times during the term of this Agreement and any renewals hereof, Contractor will maintain the following insurance coverages, to be provided by an insurance company authorized to do business in the State of __________________: (a) General liability insurance with bodily injury limits of not less than $300,000 for each occurrence, and with property damage limits of not less than $300,000 for each occurrence; (b) Automobile liability insurance with bodily injury limits of not less than $300,000 for each person, and not less than $300,000 for each accident, and with property damage limits of not less than $300,000 for each accident; (c) Worker’s Compensation insurance in accordance with statutory requirements and Employer’s Liability insurance with limits of not less than $200,000 for each accident, $200,000 for each disease, and $500,000 aggregate. 8.2 Deductible amounts shall not exceed ___% of the total amount of required insurance in each category. Should any policy contain any unusual exclusions, such exclusions shall be indicated on the certificate(s) of insurance. 8.3 The certificates of insurance for the foregoing coverages shall contain a provision that no policy cancellation, non-renewal or reduction of coverage will be effective until at least thirty (30) days written notice of same has been given to Client. -3- 8.4 [delete this clause if not applicable] Contractor shall include Client as an additional insured on the General Liability and Automobile Liability insurance policies. 8.5 In the event that subcontractors used by Contractor do not have insurance or do not meet the insurance limits set out in paragraph 8.1, Contractor shall indemnify and hold harmless Client for any claim in excess of the subcontractor’s insurance coverage, arising out of negligent acts, errors or omissions of such subcontractor. 9. Standard of Care Contractor shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a comparable professional under similar circumstances. Contractor warrants that all Services provided under this Agreement shall be performed by skilled and competent personnel to the highest professional standards in the field. 10. No Warranties or Guarantees Contractor shall exercise its best efforts to provide the Services for Client. Contractor makes no expressed or implied warranty or guarantee that its efforts will have any specific or general result. 11. Control and Preservation of Property 11.1 Client has complete control over its premises and is responsible for all locations listed as off limits to security personnel, but Contractor may from time to time express opinions which may prove helpful to Client to improve its security measures. Contractor does not accept responsibility, and Client will hold Contractor harmless for any decision regarding the premises which are and will remain the exclusive province of Client. 11.2 Contractor shall be responsible for all damages to Client’s property resulting from Contractor’s operations and shall report any incident of damage to Client upon occurrence. Any damage resulting from Contractor’s operations shall be repaired to Client’s satisfaction within _____ days of occurrence and at no additional cost to Client. 12. Indemnification 12.1 Contractor agrees to protect, defend, indemnify and hold harmless Client, its employees, agents, insurers and representatives, from any and all claims and liabilities, including all legal fees and court costs associated therewith (including appeals) for which Client, its employees, agents, insurers and/or representatives can or may be held liable as a result of injury and/or death to persons or damage to property occurring by reason of any negligent acts or omissions of Contractor, its employees, subcontractors or agents, arising out of or connected with this Agreement. Contractor shall not be required to indemnify Client, its employees, agents, insurers or representatives when an occurrence results solely from the wrongful acts or omissions of Client or its employees, agents, insurers, and/or representatives. 12.2 The parties agree that the provisions of this Section shall survive the expiration or termination of this Agreement. -4- 13. Licenses and Approvals Contractor hereby represents and warrants to Client that it has, and will continue to maintain at all times hereunder, all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a lawful and reputable manner. 14. Compliance With Laws Contractor will comply with all applicable regulatory requirements including federal, state, municipal and local laws, rules, regulations, orders, codes, criteria and standards in the performance of the Services hereunder. 15. Subcontractors 15.1 Contractor reserves the right to use subcontractors to perform the Services. 15.2 If a subcontractor fails to properly perform the Services as required by this Agreement and it becomes necessary to replace such subcontractor, Contractor shall promptly do so. 16. Federal and State Taxes 16.1 Contractor shall be solely responsible for paying sales and use tax to its suppliers for materials required to fulfill its contractual obligations under this Agreement. 16.2 Contractor shall be solely responsible for payment of its own taxes and its share of its employees’ payroll, payroll taxes, and benefits with respect to this Agreement. 17. Termination This Agreement may be terminated by either party upon _________ days prior written notice to the other party. 18. Force Majeure 18.1 Neither party shall be considered to be in default hereunder if such party is delayed or unable to perform its obligations hereunder due to an event of force majeure. The term “force majeure” shall refer to any event which results in the prevention or delay of performance by a party of its obligations hereunder and which is beyond the reasonable control of the non-performing party, and includes, but is not limited to, fire, flood, earthquakes, severe weather, acts of God, epidemic, war, riot, civil disturbance, sabotage, terrorism, labor dispute, strike, lockout, and governmental actions. 18.2 The non-performing party shall, within ______ days of being prevented or delayed from performing its obligations by a force majeure event, give written notice to the other party describing the circumstances of the force majeure event. 18.3 Neither party shall be excused from performance if non-performance is due to forces which are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed or remedied within a reasonable time. -5- 19. Fidelity Bond All security personnel assigned to Client shall, at Contractor’s expense, be licensed and bonded for up to $10,000 each. Contractor shall provide Client with proof of licensing and bonding before each security guard begins work for Client. 20. Waiver A waiver by either Client or Contractor of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such waiver shall not affect the waiving party’s rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any
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