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HomeMy WebLinkAboutMoon Security Services, Inc - Vehicle Patrol ContractMOON SECURITY SERVICES, INC. VEHICLE PATROL CONTRACT AGREEMENT made this 4/24/2023 between Moon Security Services, Inc., hereinafter referred to as Company, and Pasco Water Treatment Plant located at 11315 W. Court Street, hereinafter referred to as Subscriber. The parties agree as follows: Company agrees to furnish, at Subscriber's request, patrol service', at Subscriber's premises described above on dates and times as requested by the Subscriber2, commencing on 5/1/2023. 2. The Subscriber agrees to pay Company the following rates, and applicable tax: $1,500.20 per month. This is a one-year contract. This agreement shall be automatically renewable yearly unless terminated by either party upon written notice at least thirty days prior to the anniversary date. The Subscriber agrees that all Company invoices for services are due upon receipt and that Company shall be permitted to charge 18% per annum service charge on all accounts 30 days over due. In the event that the Company refers the account for collection to an attorney, Subscriber agrees to pay Company's reasonable attorney fees. 4. Security officers are employees of the Company, and the Company shall pay all salaries and carry Workmen's Compensation for such employees. The Subscriber agrees not to hire Company security officers for a period of two years after such security officer has terminated employment with Company. 5. Company shall be responsible for supervising its security officers. Security services to be performed shall be in conformity with operating procedures established by the Company. 6. Company shall assume no liability for delays in service or for interruptions of the services due to strikes, riots, floods, fires, acts of God, or any causes beyond the control of the Company, and will not be required to supply service to the Subscriber while interruption of service due to any such cause shall continue. 7. Company does not represent or warrant that its guard service will prevent any loss, damage or injury to person or property. Company has not made any representations regarding its services; except those expressly set forth in this agreement. Company disclaims all warranties, express or implied. See addendum page 2 See addendum page 8. The Subscriber agrees that the Company is not an insurer. That payment to the Company is for its guard services, which is designed to reduce certain risks of loss, though the Subscriber acknowledges that Company does not guarantee that no loss will occur. 9. If Subscriber wishes to increase Company's limitation of liability; The Subscriber may, at any time be separate agreement, obtain a higher limit by paying an additional amount consistent with the increase of liability. This shall not be construed as insurance coverage. A certificate of insurance can be provided upon request to Subscriber at no cost. The subscriber agrees to a $100 fee to be named as additional insured. 10. The Company, it's officers, agents and employees, agrees to fully indemnify, hold harmless and defend the Subscriber, it's officers, agents, and employees, against any and all liability, damage, loss claims demands, and actions of any nature whatsoever on account of personal injuries including, without limitation on the foregoing worker's compensation and death claims, or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, any negligent or intentional act or omission of the Company, its officers, agents and employees in performing this contract. The Company shall, at its own expense, investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims demands, attend to their settlement or other disposition, defend all actions based thereon and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims demands, and actions. 11. Furthermore, for the purpose of this section, the Company expressly waives its immunity under title 51 or subsequent revisions of the Revised code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees to indemnify, defend, and hold harmless Subscriber from any claims brought by or on behalf or any employee of the Company. This waiver is mutually negotiated by the parties. Venue for any action shall be in Franklin County, Washington. 12. Any action by Subscriber against Company must be commenced within required statue of limitations. All actions or proceedings against Company must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against Company in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement. 13. Should any conflict arise between this agreement and Subscriber's purchase order or other document, this agreement will govern, whether such purchase order or document is prior to, or subsequent to this agreement. 14. This agreement constitutes the full understanding of the parties and may not be amended or modified, except in writing signed by both parties. Should any provision of this agreement be deemed void, the remaining parts shall not be affected. Company BY:CJA//� f MO-OnAecty Services Representative Subscriber -- City of Pasco vv M. 'orley, PE - Public W 5-1-eve- M • Wc,/''a Signature ADDENDUM STATED AS REQUIRED BY CLIENT 1 _ Moon security patrol will provide two random patrols of 11315 W. Court Street and 11412 W. Court Street. each night. Rate of $750.00 per month for these two locations. 2. Moon Security patrol will provide three random patrols each night of the Butterfield water treatment plant and Raw water pump station. Rate of $750.20 per month for these two locations. 3 . Looking for signs of theft, vandalism, unauthorized persons, unauthorized vehicles and any other security concerns. Company BY: L r Moo6 Se irity Servi es Representative Signature �3