10 - Laserfiche WebLink

Attachment 1 MAINTENANCE SERVICES AGREEMENT THIS MAINTENANCE SERVICES AGREEMENT ("Agreement") is made and entered into December 21, 2021 between Tree Sculpture Group, Inc. dba Terra Landscape ("Contractor") a California corporation whose address is 642 McCormick Street, San Leandro, CA 94577 and the CITY OF PLEASANTON, a municipal corporation ("City"). RECITALS A. City issued a Request for Qualifications (RFQ) for Burial Services and/or Grounds Maintenance for the Pleasanton Pioneer Cemetery on September 14, 2021 and Contractor submitted qualifications for the requested grounds maintenance. B. Contractor is qualified and experienced in providing grounds maintenance services as set forth in Exhibit A, Scope of Work, which is attached and incorporated to the extent consistent with this Agreement. B. City finds it necessary and advisable to obtain such services from Contractor. NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Contractor agree as follows: 1. Term and Schedule. The term of this Agreement commences on the date written above and will expire on June 30, 2023. The parties may mutually agree to extend the term of the Agreement for an additional one year period, with up to four such extensions. Contractor will perform the services on the schedule as identified in Exhibit A, as coordinated with the City Representative. 2. Services to be Performed. Contractor shall perform, or cause to be performed, the services described in Exhibit A, Cemetery Landscape Maintenance Scope of Work, and Exhibit C, Pioneer Cemetery Maintenance Map. 3. Compensation. Compensation for services shall not exceed $83,326 and shall be paid as set forth in Exhibit A, attached hereto. Payment shall be made within thirty (30) days of receipt of Contractor's invoice and approval by City. Extra Work shall be paid for per Exhibit B, Terra Landscape Fee Schedule. 4. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its officers, agents and employees ("Indemnitees"), against any and all claims, costs, demands, causes of action, suits, losses, expenses, attorney's fees, or liability, arising from or in any manner related to Contractor's (includes Contractor's employees, agents, or subcontractors) negligent act or omission, whether alleged or actual, regarding the services performed or caused to be performed pursuant to this Agreement and any amendments thereto. Contractor shall not, however, be obligated to indemnify Indemnitees from Claims arising from the sole negligence or willful misconduct of Indemnitees. This indemnification includes any claim that services provided under this Agreement, or any tool, article or process used, constitutes an infringement Page 1 of 5