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ATTACHMENT 2 <br /> AS- NEEDED MAINTENANCE AND TRADE SERVICES AGREEMENT <br /> THIS AGREEMENT is made and entered into this first day of July 2010 between <br /> ('Contractor whose address is and the CITY <br /> OF PLEASANTON, a municipal corporation ('City <br /> RECITALS <br /> A. Contractor is qualified and experienced in providing <br /> services for the purposes specified in this Agreement. <br /> B. City finds it necessary and advisable to obtain these services from <br /> Contractor on an as- needed basis for the purposes provided in this Agreement. <br /> NOW THEREFORE, in consideration of the mutual covenants and conditions in <br /> this Agreement, City and Consultant agree as follows: <br /> 1. Services to be Performed. The work will consist of providing <br /> services for the City of Pleasanton as requested by the Operation <br /> Services Department, pursuant to individual Work Authorizations. This Agreement does <br /> not obligate the City to utilize Contractor exclusively for these services, and the City <br /> reserves the right to select other contractors for these services based on City need. City <br /> guarantees no level of work to be directed. <br /> 2. Compensation. Compensation shall not exceed those included in Exhibit <br /> A, which shall include any delivery costs. For services or goods not included in Exhibit A, <br /> Contractor shall submit a written estimate detailing services and goods. The City may <br /> accept or reject Contractor's estimate. The total compensation under this Agreement shall <br /> not exceed $100,000 per fiscal year (July E thru June 30 <br /> 3. Term. The term of this Agreement will expire on June 30, 2011. Upon <br /> written agreement of both parties, the term of this Agreement may be extended for an <br /> additional year, through June 30, 2012. <br /> 4. Method of Payment. Payment shall be made within thirty (30) days of <br /> receipt of Contractor's invoice and approval by City. Delivery shall not constitute <br /> acceptance of any goods. <br /> 5. Indemnification. Contractor shall indemnify, save and hold harmless from <br /> and defend the City, its officers, agents and employees, against any and all claims, costs, <br /> demands, causes of action, suits, losses, expense or liability arising from, or alleged to have <br /> arisen, from any acts or omissions of Contractor, its agents, sub contractors, officials or <br /> employees, in connection with the execution of the work covered by this Agreement, as it <br /> 04/10 Page 1 of4 <br />