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ATTACHMENT #1 <br /> MAINTENANCE AND TRADE SERVICES AGREEMENT <br /> STREET SWEEPING MAINTENANCE SERVICE <br /> PROJECT NO. OSD—20-401 <br /> THIS AGREEMENT is made and entered into this 1St day of July 2019 between Clean Street, Inc. <br /> ("Contractor") whose address is 1937 W. 169th Street, Gardena, CA 90247 and the CITY OF <br /> PLEASANTON, a municipal corporation("City"). <br /> RECITALS <br /> A. Contractor is qualified and experienced in providing the work or services set forth in Exhibit A <br /> of this Agreement. <br /> B. City finds it necessary and advisable to obtain work or services from Contractor on an as-needed <br /> basis. <br /> NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and <br /> Consultant agree as follows: <br /> 1. Term. The term of this Agreement commences on the date written above and will expire three <br /> years from that date. The parties may extend this Agreement, by Amendment, for additional two (2), one- <br /> year terms, not to exceed five years for the total Agreement. If extended by Amendment, the cost of each <br /> one-year term may increase only by the change in the consumer price index for the San Francisco-Oakland- <br /> San Jose Metropolitan Area(all items index; all urban consumers) for the twelve (12) month period ending <br /> in April each year as published by the Bureau of Labor Statistics,U.S. Department of Labor. <br /> 2. Services to be Performed. Contractor shall perform, or cause to be performed,the type of work <br /> that will consist of street and parking lot sweeping services and other services as described in Exhibit A. <br /> 3. Compensation. Total compensation under this Agreement for all work for each year of this <br /> Agreement shall not exceed $297,000 in the first year, $306,000 in the second year and $315,000 for the <br /> third year. Payment shall be made within thirty (30) days of receipt of Contractor's invoice and approval by <br /> City. <br /> 4. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its officers, <br /> agents and employees ("Indemnitees"), against any and all claims, costs, demands, causes of action, suits, <br /> losses, expenses, attorney's fees, or liability, arising from or in any manner related to Contractor's (includes <br /> Contractor's employees, agents, or subcontractors) negligent act or omission, whether alleged or actual, <br /> regarding the work or services performed or caused to be performed pursuant to this Agreement and any <br /> amendments thereto. Contractor shall not, however, be obligated to indemnify Indemnitees from Claims <br /> arising from the sole negligence or willful misconduct of Indemnitees. This indemnification includes any <br /> claim that the materials or equipment provided under this Agreement, or any tool, article or process used, <br /> constitutes an infringement of any patent issued by the United States. This indemnification provision shall <br /> survive termination or cancellation of the Agreement. <br /> 5. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect, <br /> at its own cost and expense, insurance coverages with insurers with an A.M. Best's rating of no less than <br /> Page 11 <br />