This Contract Agreement for investigative services is entered into by (your company name and address), hereinafter, the “Client”) and Bejars Investigation Services, Inc., (hereinafter, the “Company”), located at P.O. Box 23927, San Diego, CA 92193, and is subject to the following terms and conditions.
I. TERMS AND NATURE OF CONTRACT AGREEMENT. Bejars Investigation Services, Inc., a California corporation, with state license #PI 26540, provides specialized investigative and security consulting services to various clients on a case-by-case basis, and under this Contract Agreement will perform similar services for the Client. The Company and the Client acknowledge no specific warranty exists relative to the receipt of any third party information, including but not limited to database sources, information brokers, and other non-regular Company employees unless their information is in the form of a certified copy of a government document, transcript, or recorded source. In consideration of the above terms and conditions, the Company will use its best efforts and employ only professional and businesslike standards to develop its investigation without promise or guarantee of specific results. The Company will make its collective knowledge, expertise, skills, and experience available to the Client throughout the duration of this Contract Agreement. In developing this investigation, both Company and Client will comply with all applicable federal, state, county, local laws, and regulations. Both parties agree that Uriel Bejar, President of the Company, is designated as the responsible person for and in charge of directing all investigative and supervisory activity. The Client agrees to allow the Company to conduct the investigation at Client facility, if needed. All written and oral information provided by the Company is confidential and intended for the exclusive use of the Client or the Client’s legal counsel. The Client may not duplicate any Company written materials without Company consent.
II. INVESTIGATIVE FEES. The Client agrees to pay the Company the investigative rates as quoted on (Date of event) as $______.00 per hour per Investigator. The rates include but are not limited to mileage ($.50 per mile) from portal to portal, film and developing expenses, reproduction costs, travel, per diem, lodging, and other reasonable expenses incurred during or arising from the investigation, should they become necessary. The hourly rate for all investigators begins upon their departure from the Company office to the Client location, and terminates upon their return to the Company office. There is no surcharge for any English/Spanish translation work. A Retainer fee is requested for this investigation and is covered under the Retainer Agreement.
III. PAYMENT FOR SERVICES. In the event any investigator, director, employee, or operative of Bejars Investigation Services, Inc., is subpoenaed or otherwise required to make his services available to the Client or any other party or entity as a result of any grievances, lawsuits, investigations, subpoenas, trials, depositions, discovery-related matters, or other similar matters (Proceedings) related to the good faith services provided during this investigation, the undersigned Client shall pay the investigators, directors, employees or operatives of Bejars Investigation Services, Inc., for attending any such Proceedings. The hourly rate will be the same as contracted for in the initial service. The Client will reimburse those Company individuals in attendance at the Proceedings, a minimum of a one, eight-hour day for every day they attend the required Proceedings. In addition, in such event, the Client shall pay any reasonable attorney fees or related costs incurred by Bejars Investigation Services, Inc., its operatives, directors, and employees for legal representation because of their involvement with any such Proceedings. At the conclusion of the investigation, the Client will receive a Billing Statement for the investigative services rendered from the inception of the investigation to its conclusion. The Billing Statement will reflect all retainers and advances paid. Finally is will show the amount
due and payable by the Client, which is due and payable upon receipt from the date of posting. Unpaid balances will accrue a monthly interest rate of one and one half (1 ½) percent of the unpaid balance after the first thirty-day billing cycle. Any payment not received within 30 days of notice shall be considered past due and in default. In case of default in payment, the Client agrees to pay all costs of collection including but not limited to reasonable attorney fees and Investigator’s time required for collection.
IV. ATTORNEY FEES. In the event of any action to enforce this Contract Agreement, whether by judicial or non-judicial means, the prevailing party shall be entitled to recover from the other party its attorney fees, expenses, and any related court costs.
V. DISPUTE. In the event of any dispute between Bejars Investigation Services, Inc., and the Client with respect to breach of this contract, both parties agree to submit their application to the nearest American Arbitration Association for arbitration and resolution. The prevailing party shall be entitled to recover its reasonable attorney fees and costs associated therewith and in connection with any appeal.
VI. INDEMNIFICATION. The Client hereby agrees to indemnify, reimburse, protect, defend, exonerate, pay and hold harmless Bejars Investigation Services, Inc., and each and all of its’ directors, officers, employees, successors, assigns, operatives, subcontractors, experts, licensees, and affiliates (collectively and individually the “Indemnified Parties”), from and against any and all claims, judgments, damages (including without limitation, punitive damages), losses, penalties, fines, liabilities, including strict liability, attorney fees (including all related costs and expenses), and the expenses of investigation in defense of any claim, whether or not such is ultimately defeated, and of any settlement, judgment, of whatever kind or nature, contingent or otherwise, arising from or in any manner whatsoever out of Bejars Investigation Services, Inc.’s, “good faith” efforts, activities, investigations or services engaged in or rendered on behalf of the Client pursuant to the terms of this Contract Agreement. The obligation of the Client shall include, but not be limited to (1) the burden and expense of defending all Claims (with counsel chosen by the Indemnified Parties), even if such claims are groundless, false or fraudulent, (2) conducting all negotiations of any description, and (3) paying and discharging, when they become due, any and all judgments, penalties or other sums due from rendered against such Indemnified parties.
VII. CANCELLATION OF CONTRACT WITH CAUSE. With reasonable cause, either Party may cancel this Contract Agreement upon written, receipt notice. Reasonable cause includes but is not limited to (1) a violation of this contract that is not resolved in a timely and expeditious manner, (2) a violation of this contract that has or will cause damage to the Company’s name or good will, (3) any act of exposing the other party to liability to others for personal injury or property damage, or (4) the non-prompt of incomplete performance of the duties and obligations required by this Contract Agreement.
VIII. SUCCESSORSAND ASSIGNS. This Contract Agreement shall be binding on the successors and assigns of the Company.
In witness whereof, the authorized parties executed this agreement on the date below.
Client Signature______Date ______
Client Company name, Inc.
Uriel Bejar, President ______Date ______
Bejars Investigation Services, Inc.