Fill and Sign the Part 42 Contract Administration and Audit Services Form

Agreement to Furnish Plant or Manufacturing Facility with Security Guards Agreement made on the ______________ (date), between ______________________ (Name of Security Company) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at _________________________________ _____________________________________ (street address, city, county, state, zip code) , referred to herein as Security Company, and _____________________ (Name of Client), a corporation organized and existing under the laws of the state of ______________, with its principal office located at ________________________________________________________ ___________________ (street address, city, county, state, zip code) , referred to herein as Client. Whereas, Security Company is in the business of furnishing plant and manufacturing facility security by means of providing security guards, burglar alarm systems, and other modern methods of protection and detection; and Whereas, Client wishes to employ the services of Security Company; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Furnishing Guards Security Company shall furnish to Client a uniformed security guard service consisting of _______ (number) security guards, or more as may be agreed upon from time to time between the parties, to protect Client's property, make suggestions to relieve hazards that are found to exist, and at all times endeavor to improve the service. 2. Rules to be Followed by Guards The above-stated security guards are to be guided by a set of general rules and written instructions issued by Client through its designated representatives. 3. Furnishing of Equipment Security Company shall furnish uniforms and equipment, including side-arms, belt, holsters, and badges without cost to Client. Further, Security Company shall pay social security benefits, unemployment taxes, and employer's liability insurance for the guards. 4. Supervision of Guards The supervision of the guards will be the responsibility of the designated representative of Security Company , who in turn will be responsible to and receive instructions from designated representatives of Client. 5. Method of Protection All uniformed representatives of Security Company will carry out the function of guarding the facility of Client in the manner best suited, depending on the circumstances. Guards will either be stationed at designated points or, if necessary, maintain a constant patrol. It is further understood that guard service will be furnished during such hours agreed on by Client and Security Company , but at no time shall the total number of guard hours be less than ______ (number) hours per week. 6. Selection of GuardsThe wishes of Client will be honored at all times consistent with good judgment in replacing representatives who in the opinion of Client do not fulfill the requirements of the service as outlined in this Agreement. 7. Time for Performance Client will give Security Company sufficient time after acceptance of this Agreement to arrange intelligently the force to be detailed and to properly outfit each guard so that the appearance of each guard will reflect favorably on both parties to this Agreement. 8. Charge for Services For the services specified in this Agreement, Client shall pay Security Company $_________ per hour per guard and $_________ per hour for the guard supervisor. The supervisor in charge of the guard force shall work a ______ (number)-hour shift daily and be responsible at all times for the proper functioning of the operation. These hourly charges are to be made without regard to any overtime charges that must be paid by Security Company to its employees. Security Company will furnish Client with daily time sheets and invoice Client on the ______ day of each month. 9. Term The services to be provided under and pursuant to this Agreement will begin on ________________ (date) at ________ (time). This agreement shall be for a term of ______ years. At the expiration of the initial term of ______ years, this Agreement shall continue in force until either one of the parties gives ______ (number) days' written notice to the other that it is terminating the Agreement. 10. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 11. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 12. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 13. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 14. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 15. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 16. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 17. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 18. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 19. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ____________________________ _____________________________ (Name of Security) (Name of Client) By: ______________________________ By: _____________________________ ___________________________ ____________________________ (Printed name & Office in Corporation) (Printed name & Office in Corporation _______________________ _______________________ (Signature of Officer) (Signature of Officer)