Service Agreement

Service Agreement

Agreement to Hire: Client does hire Metro Safety & Fire, Inc. (herein known as Metro) to perform certain work as quoted and described in Annual Services Contract, attached.

Additional Work: From time to time, Client may request verbally or in writing that Metro complete work not specifically listed in this Service Agreement. Additional work completed by Metro is subject to the terms of this agreement. Additional work will be invoiced separately from the annual services contract.

Quoted Work: From time-to-time Client may accept a quote for certain work to be performed by Metro. When accepted by both parties said quote will become subject to the terms of this agreement. Quoted work will be invoiced separately from the annual services contract.

Pricing: The Annual Services Contract is quoted and may be adjusted as appropriate from year to yearand with notice to client.Other work may be quoted or may be invoiced at Metro's time and material prices in effect at the time of completion.

Term of Agreement: This service agreement is for one year from the effective date, which is the date of signature by client, unless otherwise stated. This agreement will renew automatically for consecutive 1-year periods unless changed by a new signed agreement or cancelled in writing.

Payment Terms: Payment is due within 30 days of the date of the invoice. Late fees may be assessed on any invoice that goes beyond terms and may cause future services to be delayed until the account is brought current. If collection action becomes necessary, it is agreed that the customer shall pay all related expenses, including court costs and attorney fees.

Termination: Thirty (30) days written notice is required to terminate this agreement. Upon notice of termination, all amounts due to either party are immediately due and payable, I.E., outstanding invoices due Metro or credit balances on account due refund to client.

Cancellation Fee: Scheduled and Confirmed work that is rescheduled or cancelled with less than 72-hour notice will incur a cancellation fee. See https://www.metrosafetyandfire.com/cancellation-policy for complete policy.

Work Interrupted: Metro's scheduling process includes confirmation of appointments prior to dispatch of the work crew. If Client or its employees, affiliates, contractors, or subcontractors cause a delay, work stop or cancellation of a confirmed Metro work schedule, Client agrees to pay incurred charges for Metro sub-contractors, equipment fees, and Metrotime charged to job prior to stoppage. If a confirmed work schedule is delayed, stopped, or cancelled due to Metro or its employees, affiliates, contractors, or subcontractors there will be no charges assessed to Client related to the interruption.

Performance of Work: All work performed under this Service Agreement will be completed to industry standard and documented in writing. Inspection of a system will record the physical condition of the system and test results of listed components tested at that time. It will record the function-ability of the system at the time of the test or inspection. Test and inspection service provides a reasonable assurance as to the condition of the system at the time of the report; it is not a guarantee of future performance.

Industry Standard: A list of NFPA standards for work performed is attached.

Warranty of Materials: Manufacturer listed warranty.

Metro Limited Warranty: All work will be performed by qualified personnel and completed to industry standard. Labor is warranted for one year from date of work or until subject equipment, installation or repair is modified in any way by any person not employed by Metro, whichever occurs first. Labor warranty for installation or repair is for the item(s) installed or repaired; it is not a warranty of the entire system. Only a completely new equipment/system install is ever warranted as-a-whole for one year from date of completion or until subject installation is modified in any way by any person not employed by Metro, whichever occurs first. Metro's technician will report on the condition of the system at the time of service; we do not guarantee system performance in our absence. Metro is not responsible for loss to persons or property because of an improperly functioning system, or component failure. No warranty or guarantee is made regarding work performed other than the statement above.

Insurance: Both parties agree to maintain General Liability Insurance, including bodily injury, property damage, personal injury, and automobile liability. Each party shall provide certificates of insurance on request, or as needed, to include additional insured endorsement.

Metro's Limits of Liability:

• A. General Liability: $1,000,000 per occurrence for bodily injury, Personal injury, and property damage. General aggregate limit shall be a $2,000,000 limit.
• B. Products/Completed Operations Aggregate shall be $2,000,000.
• C. Personal and Advertising Injury (Per Person or Organization) shall be $1,000,000.

Joint Indemnity: Both parties agree to indemnify and hold the other Party, its owners, and employees harmless against liability (as allowed by law) including personal injury, property damage, bodily injury, and property damage claims and damages, legal fees resulting from services performed under this contract.

Notices: All notices required or permitted under this agreement will be in writing and will be deemed delivered when delivered in person, via e-mail, or by regular US Mail -postage prepaid and addressed to the company at its address of record. Either party may change addresses by providing written notice to the other in the manner listed above.

Amendment: This agreement may be modified or amended at any time if the amendment is made in writing and is signed/dated by both parties.

Entirety: This document contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties related to the above-described work.

If any part of this agreement is found to be invalid or unenforceable for any reason, the remaining parts shall continue to be valid and enforceable. If a court finds that any part of this agreement is invalid or unenforceable, but that by limiting such part it would become valid and enforceable, then such part shall be deemed to be written, construed, and enforced as so limited. The failure of either party to enforce any part of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel compliance with this agreement.

The laws of the State of Oregon, Multnomah County, govern this agreement.

Industry Standards

All fire/life safety work completed by Metro Safety & Fire, Inc. will meet the minimum industry standard as defined in the appropriate pamphlet published by the National Fire Protection Association and as defined in the local fire code.

• Portable Fire Extinguisher -NFPA 10, 2018 Chapter 7 Inspection, Maintenance and Recharging.
• Pre-engineered Wet Chemical Suppression System -NFPA 17A, 2017 Chapter 7 Inspection, Maintenance and Recharging.
• Pre-engineered Dry Chemical Suppression System -NFPA 17, 2017 Chapter 11 Inspection, Maintenance and Recharging.
• Fire Sprinkler System -NFPA 25, 2017 Chapter 5 Inspection, Testing and Maintenance.
• Fire Standpipe & Hose System -NFPA 25 Chapter 6 Inspection, Testing and Maintenance
• Private Fire Service Main -NFPA 25, 2017 Chapter 7 Inspection, Testing and Maintenance
• Fire Pump -NFPA 25, 2017 Chapter 8 Inspection, Testing and Maintenance
• Water Storage Tanks -NFPA 25, 2017 Chapter 9 Inspection, Testing and Maintenance
• Water Spray Fixed System -NFPA 25, 2017 Chapter 10 Inspection, Testing and Maintenance
• Foam Water Sprinkler System -NFPA 25, 2017 Chapter 11 Inspection, Testing and Maintenance
• Water Mist System -NFPA 25, 2017 Chapter 12 Inspection, Testing and Maintenance
• Backflow Preventer, Valves, Valve Components -NFPA 25, 2017 Chapter 13 Inspection, Testing andMaintenance
• Fire Alarm System -NFPA 72, 2016 Chapter 14 Inspection, Testing and Maintenance
• Fire Hydrant -NFPA 291, 2016 Chapter 4 Flow Testing
• Fire Doors -NFPA 80, 2016 Chapter 5 Inspection, Testing and Maintenance
• Emergency Lights -NFPA 101, 2018 Chapter 7.9.3 Periodic Testing of Emergency Lighting Equipment.