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ATTACHMENT 1
<br /> MAINTENANCE SERVICES AGREEMENT
<br /> THIS MAINTENANCE SERVICES AGREEMENT ("Agreement") is made and entered
<br /> into June 7, 2022, between Tree Sculpture Group, Inc. dba Terra Landscape ("Contractor") a
<br /> California Corporation whose address is 642 McCormick Street, San Leandro, CA 94577, and
<br /> the CITY OF PLEASANTON, a municipal corporation ("City").
<br /> RECITALS
<br /> A. Contractor is qualified and experienced in providing landscape maintenance services as
<br /> set forth in Exhibit A.
<br /> B. City finds it necessary and advisable to obtain such services from Contractor.
<br /> NOW THEREFORE, in consideration of the mutual covenants and conditions in this
<br /> Agreement, City and Contractor agree as follows:
<br /> 1. Term and Schedule. The term of this agreement shall run from July 1, 2022 to
<br /> June 30, 2023. At the sole discretion of the City,the contract may be extended up to an
<br /> additional four years for a maximum term through June 30,2027.
<br /> Contractor will perform the services on the schedule included in Exhibit A, Scope of
<br /> Work as coordinated with City staff person Matt Gruber, Landscape Architect.
<br /> 2. Services to be Performed. Contractor shall perform, or cause to be performed,
<br /> the services described in Exhibit A, Scope of Work.
<br /> 3. Compensation. Compensation for services shall not exceed $112,090 and shall
<br /> be paid as set forth in Exhibit B, 2022 Schedule of Fees, attached hereto. Payment shall be made
<br /> within thirty (30) days of receipt of Contractor's invoice and approval by City.
<br /> 4. Indemnification. Contractor shall hold harmless, defend, and indemnify the
<br /> City, its officers, agents and employees ("Indemnitees"), against any and all claims, costs,
<br /> demands, causes of action, suits, losses, expenses, attorney's fees, or liability, arising from or in
<br /> any manner related to Contractor's (includes Contractor's employees, agents, or subcontractors)
<br /> negligent act or omission, whether alleged or actual, regarding the services performed or caused
<br /> to be performed pursuant to this Agreement and any amendments thereto. Contractor shall not,
<br /> however, be obligated to indemnify Indemnitees from Claims arising from the sole negligence or
<br /> willful misconduct of Indemnitees. This indemnification includes any claim that services
<br /> provided under this Agreement, or any tool, article or process used, constitutes an infringement
<br /> of any patent issued by the United States. This indemnification provision shall survive
<br /> termination or cancellation of the Agreement.
<br /> 5. Insurance. During the term of this Agreement, Consultant shall maintain in full
<br /> force and effect, at its own cost and expense, insurance coverages with insurers with an A.M.
<br /> Best's rating of no less than A:VII. Contractor shall have the obligation to furnish City, as
<br /> additional insured,the minimum coverages identified below, or such greater or broader coverage
<br /> for City, if available in the Contractor's policies:
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