Vital Components of a Security Guard Agreement Format

Security Guard Agreements

"Security guard agreements are key tools for both security companies and the businesses that hire them, but many don’t realize their real importance until something goes horribly wrong."
"A security guard agreement (sometimes referred to as a "contract") can be thought of as the starting point for any relationship between a security guard company and a business owner that has engaged the services of the guard company. In addition to the expectations of the security company and the business owner, there can be contingencies that arise either during the relationship itself or after its termination. A general outline of these items, as they may apply to each party, would prove useful in any situation."
"It is not unusual for an argument to arise when a business owner realizes that something was damaged, lost or stolen, and the business owner blames the guard company’s employee or their services as the reason for the loss or damage. Even though the allegation may have no basis, the business owner may take legal action against the security company, claiming that it was negligent in its duties or otherwise damaged or injured the business."
"If the terms of the contract or agreement between the parties are clear and detailed, then the issue of liability may very well be avoided. If the specific tasks outlined in the contract are followed to the letter, and include steps for reporting and documenting any issues that arise – from an incident to a simple staffing problem – then it protects both parties from claims by the other."
"More importantly, however, is that you need to know what your needs are before you can understand what is really being asked of your guards or what kinds of retention policies you need. You cannot create a contract that will have the protection you need if you do not know what to ask for, or what your end of the bargain requires."
"Just as a business owner should not expect a security company to know how to manage their business, security companies have certain expectations of the businesses they are protecting. They should all be spelled out in detail, so that each party understands what is expected of them. In many cases, based on the ownership structure of the business, there can be board members or investors that have no experience with retail operations or any other on site business. A detailed agreement is critical in such cases , because those individuals not familiar with the operations of the business may have unrealistic expectations or simply not realize what is involved in protecting a commercial building."
"The agreement should spell out details such as the expected duties of individual guards or teams of guards, as well as the timeframe for when certain tasks are to be performed. It should also include what to do when certain situations arise or what is expected of the guard when more than one individual is responsible for certain tasks. This becomes crucial, for example, when a situation arises and is not handled according to policy, resulting in some sort of damage to the property or even injury to an employee or visitor to the business. The company may be held liable if the guard’s failure to follow policy is viewed as negligence."
"As with all information regarding any policies, procedures and expectations, regardless of the industry, the security company should be happy to provide a written document. While it may not seem necessary for a security guard to have a contract or agreement, it is important to protect both parties."
"Clearly stated expectations and responsibilities protect both the business and the security company. A high quality guard will want to know what the expectations are so that all situations can be handled according to policy, thereby avoiding a legal dispute. Guards want to be protected in the event that they are not given adequate materials or tools to spend the entire shift at their post. For instance, you do not want a guard to be responsible for securing the premises outside of the guard shack (for example, the roof), yet provide no access to a ladder that would allow them to get there. Details such as that become very important when the guard is injured due to the business owners failure to make sure they have what they need."
"Finally, if the document is very detailed and clearly states what is expected on each side, it can be used for performance reviews and employee assessments, as well as other tasks that a guard company should be doing to make sure that not only is the relationship between the business and the security company sound, but also that the guard is competent and completing all assigned tasks."

Security Guard Agreement Important Parts

A security guard agreement requires the coordination of the contracted guard to pre-existing obligations. Accordingly, it is often the case that the guard agreement should be in the form of an amendment to the pre-existing facility rules. Generally, a security guard agreement should include the following fundamental elements: The scope of service identifies the exact services to be provided. Items should be included or excluded from the scope of service. For example, the scope may specify that the guard will only be responsible for monitoring the Chiller Plant to ensure that it operates and reports any faults to the assigned facility technician. The Scope of Service is not intended to be exhaustive but should provide serious, in-depth direction for the security guard. It is intended, however, to set parameters on the type of service a security guard will be engaged to perform. The scope may also be further enhanced with attached Services Procedures. The duties to be performed by the security guard are sometimes included in the scope of service. For example, the duty may specifically state the guard should respond to requests for access by visitors or service personnel. Duties may, however, be more appropriately set out in attached service procedures as outlined below. In either event, the duties of the security guard are a critical feature of the security guard agreement. Compensation is another important element of a security guard agreement. Compensation should be set out clearly for each category of service. For example, can the guard work 7 days per week, can the guard work stat holidays and what is the statutory holiday pay entitlement. Issues such as leave entitlements, beyond those provided by statute (for example parental leave), should also be addressed in the agreement. The compensation of the guard is intended to be a simple process to comply with. The security guard agreement should be supplemented with the services procedure, which outlines how the obligations of the security guard are to be performed.

Legal Factors When Creating a Security Guard Agreement

When drafting a security guard agreement, a number of legal considerations must be taken into account. First and foremost, the agreement must conform to state security regulations, including requirements for licensing and specific elements of the control of the security guard. The contractor must confirm that the guard is properly licensed before commencing any work under the Agreement. If a security guard contractor must obtain a license to provide armed security guard services, the proposed site of the client will determine the security requirements. For example, the City of Chicago requires armed guards to have Chicago Firearms Permits, while the State of Illinois requires Employees of Private Security Agencies to be licensed under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Other states, such as California, require an investigator’s license. Be sure to complete necessary research to ensure that the rules and regulations will be followed on both ends of a security guard contract.

Formatting a Security Guard Agreement

Keeping in mind that the purpose of this piece is to draft a general overview of the basic security guard agreement structure because you are probably already intimately familiar with it, we need to touch on the nuts and bolts of contract formation before continuing.
You typically start off with the "date" (for example, "This agreement is made on July 1, 2007"). This date typically states the date of the subject proposal, although there is no established rule regarding this issue. The next step involves the insertion of the effective date (which is different from the date the agreement is made). This may be, for example, "This agreement is effective on July 1, 2007." At this point, the parties are identified in the agreement (i.e., "The parties executing this agreement are ABC Company and XYC Security Inc.") After the parties are identified, the next move is to define the subject agreement or contract. You must be clear whether or not the identified entity is the full legal name, or if there is some other entity. For example, "This agreement is for security guard services at 123 Main Street, New York, New York." From here, the agreement would detail the services to be provided by name (i.e. security guard duties). This describes in specific detail the nature of the relationship, and would also designate whether it is an exclusive relationship, and how it could be terminated (a little more detail on this point below). It should also provide special representations or warranties from the security guard agency, and exactly which locations in New York the agency is in full control of (the specific buildings, entrances, hallways, etc.) After reciting these basic details, the rest of the agreement comes down to the language typically associated with any and all contracts – that is, the fine print, detailing the terms and conditions of the agreement, underscoring most importantly what is expected from each party, the schedule of duty, the schedule for payment, billing, materials, expenses, and the method for terminating the agreement. This last part can sometimes be one of the most difficult and often results in added costs (when you argue about what contract provision was and was not actually intended to be there).

Typical Pitfalls

When it comes to drafting a security guard agreement, oftentimes mistakes are made. Avoiding the following will ensure a more effective contract:
Internal Conflicts – This refers to the terms of the security guard agreement conflicting with any internal policies or procedures already in force within the organization. For example, an organization may have a different policy of providing notices to its employees who are absent from work for a particular number of days compared to the terms of the security guard agreement.
A security guard agreement should reinforce the existing internal policies as mandates are impossible to follow in every instance. If there is an established practice that supersedes or can perhaps work in tandem with a term(s) of the security guard agreement such practice should be mentioned and the latter modified accordingly.
Failure to Train – An organization that implements a new security guard agreement must train all staff before instituting the terms therein. Failure to do so creates the possibility that the organization may not be fulfilling its mandates.
Lack of Proof – The sample security guard agreement provided here should only be a starting point. In order to create a binding and a stronger agreement it is recommended that the organization take a few hours to look over the agreement and create any necessary provisions to bolster its case should a legal dispute arise in the future . It is also advisable to collect all evidence (such as documents) it may need if enforcement or defense of the security guard agreement is required.
Too Many Termination Provisions – It is a normal occurrence for an organization to want as many possible ways to part ways with its employees. A security guard agreement therefore often contains too many termination provisions which can occasionally backfire on the organization.
While it is better to limit options of termination than to limit none at all, the organization should take care that the termination terms are useful and not unnecessary. An organization can ask itself if it requires as many reasons for dismissal or if a few carefully chosen legitimate reasons would suffice.
Trying to Do Too Much Too Soon – The typical security guard agreement may often try to accomplish too many things that can be difficult to implement. One such instance is the attempt to regulate the organization and working conditions of the employee(s). While the organization is free to set the minimum requirements of the position, such position is usually regulated through the Employment Standards Act (2000), that covers all areas of employment.
In such cases, the organization should study the Employment Standards Act and highlight the areas that are specific to its field of business. Additional terms can be created to supplement the regulation the Employment Standards Act provides for the role of the employee.

Using a Security Guard Agreement Template

When it comes to using a template for your security guard agreement, there are a number of benefits and limitations that you need to consider. One of the most significant benefits to using a template is the time savings – it often takes a lot less effort to make edits on an existing document than it does to start from scratch. Additionally, because many people upload their templates to the internet, it can be easy and inexpensive to make a customized security guard agreement with a few simple clicks and a small fee.
However, while a template may save time and money, it is also important to realize that a template may not be unique or comprehensive enough to meet your business’s needs. Sometimes, it is better to pay a little bit more for a customized agreement than it is to end up with a document that doesn’t work as well for your business. Additionally, depending on where the template came from, it may not be 100 percent compliant with the laws in your area or other requirements that may have changed recently. If a template was written years ago, it is just as likely to include outdated tools and processes (for example, designs and formats that were more compatible with older word processing software than the programs available today).
There is a variety of technical aspects that you may want to consider when reviewing the layout, format or language of a template, especially if you want your security guard agreement to have a specific appearance or adhere to a certain style guide. For example, while it may seem like a relatively minor detail and not worth nitpicking over, a customized security guard agreement that does not display information properly may cause unnecessary confusion and make it more difficult to read.
For example, if someone wanted to use a table in the agreement, the layout might appear very different depending on what kind of software they are using to open the document and which version they have. The table may even disappear altogether if someone is using an outdated version of the program, or not have the appropriate formatting if they are opening the document with a different word processing program that does not utilize tables. In these situations, it is highly likely that you will be best served by a custom agreement that is formatted to your specifications.
Sometimes, you may want to use a existing security guard agreement simply to get some ideas for your own document. When you use an existing template for this purpose, make sure that you think critically about what information is included in the template and whether it is appropriate for your needs. If it is missing key information, you will need to supplement it with your own content – something that can often be done by using the "comments" function in your word processing program.
Depending on your time limits and goals, you may think that using a template for your security guard agreement is a great choice. However, it is important to carefully review the document you choose to make sure that it has all of the components that will be recommended by an attorney and is legally enforceable. Additionally, you should be sure to check for any obvious formatting or layout issues that could cause problems with the reading or impression of the document.

Fixing Up a Security Guard Agreement

Updating and reviewing security guard agreements is a routine part of staying on top of security contractor issues. While it is not advisable to edit your security guard agreement every time there is an industry shift or a new law is passed (because at some point it will no longer reflect the intent/reason behind the provisions) , you should review your security guard agreement and/or its impact on operations on a periodic basis and update it accordingly so that it reflects current law and operations. When reviewing a security guard agreement, ask yourself the following questions: One way you may want to simplify the update process is by using a checklist of items you want to ensure are either put in place or kept in place as part of your typical security guard agreement provisions.