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SERVICE AGREEMENT <br /> AGREEMENT, dated this of . 1995, by and between Kerr Transportation Services. Inc.. dba METRO-TEST. <br /> a Minnesota Corporation. 10545 110th Street North. Stillwater MN 55082, (herein "METRO-TEST"). and <br /> CITY OF MOUNDS VIEW whose address is <br /> 2401 HIGHWAY 10 MOUNDS VIEW MN 55112 (herein the"City") <br /> In consideration for the mutual promises and covenants contained herein the parties agree to the following provisions <br /> 1. METRO-TEST RESPONSIBILITIES. METRO-TEST agrees to provide to City the services. forms or materials more <br /> specifically set forth in the attached Schedule A which shall be made a part of this contract. These services shall be limited <br /> to records administration. recordkeeping and generation of various notification letters and invoices. Consulting services are <br /> not included in this agreement and may be provided under a separate agreement, if desired. <br /> 2. CITY RESPONSIBILITIES. City agrees to cooperate with Metro-Test in the exchange of information necessary for the <br /> full compliance with the federal and State drug testing regulations. City agrees to pay Metro-Test for its service within <br /> seven days of receipt of Metro-Test invoices. City AGREES to pay a service charge for unpaid balances equivalent to 1%a <br /> month and unpaid balance per calendar month. City agrees to pay Metro-Test for services pursuant to the charges set forth <br /> in the attached Schedule A. Prices will be subject to change upon 60 day prior written notice. If Metro-Test is required to <br /> collect unpaid balances through initiation of a lawsuit. Metro-Test shall have the right to collect reasonable attorney's fees. <br /> S. WARRANTIES OF CITY. The City warrants to Metro-Test that the person signing this agreement is the person duly <br /> authorized by the Board of Directors of the City to enter into this agreement. City warrants that it will remain in full <br /> compliance with all applicable federal and State laws. City warrants to Metro-Test that all information provided to <br /> Metro-Test shall be complete and accurate and represents the most updated information available. <br /> 4. DEFAULT. If the City fails or refuses to perform under the provisions of this agreement, whether or not material. <br /> Metro-Test may terminate this agreement by providing ten day written notice. <br /> 5. TERM. Unless earlier terminated pursuant to the provisions of this agreement. this agreement shall be in full force for <br /> one year from the date shown first above. Any party hereto may terminate this agreement. with or without cause. by <br /> providing to the other party not less than sixty day written notice. <br /> 6. NOTICES. Any notice given under this agreement shall be effective if sent by mail on the date of posting the same by <br /> United States mail. and if by personal delivery on the date of such delivery. Any and all notices required under this contract <br /> shall be in writing and shall be delivered to the party entitled to receive the same by hand or by United States mail <br /> addressed to the addresses shown first above. <br /> 7. WAIVER/MODIFICATION. No officer. employee or agent of the parties has the power, right or authority to waive any <br /> of the conditions or change. vary or waive any of the provisions of this agreement. nor shall any custom with or without <br /> knowledge of such party have the effect of changing. modifying or waiving or foregoing any condition or provision to this <br /> agreement. The terms of this agreement shall bind the parties hereto and their heirs. representatives and assigns. This <br /> agreement shall not be modified or assigned except in writing and endorsed by both parties or upon 60-day notice for price <br /> changes only. <br /> 8. ENTIRE AGREEMENT. This agreement expresses the entire agreement between the parties. there being no <br /> representations. warranties or other agreements. oral or written. not expressively set forth or provided for herein. <br />