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ATTACHMENT #1 MAINTENANCE AND TRADE SERVICES AGREEMENT POOL MAINTENANCE SERVICES AND REPAIRS PROJECT NO.2022.401 THIS AGREEMENT is made and entered into this_day of March 2023 between East Bay Pool Service, Inc. ("Contractor"), a California corporation, whose address is 1547 Palos Verdes Mall #240, Walnut Creek, CA 94597 and the CITY OF PLEASANTON, a municipal corporation ("City"). RECITALS A. Contractor is qualified and experienced in providing pool maintenance and repair services as set forth in Exhibit A of this Agreement. B. City finds it necessary and advisable to obtain work or services from Contractor on an as- needed basis. NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows: 1. Term. The term of this Agreement commences on the date written above and will expire three years from that date. The parties may extend this Agreement,by Amendment, for additional two (2), one-year terms, not to exceed five years for the total Agreement. If extended by Amendment,the cost of each one-year term may increase only by the change in the consumer price index for the San Francisco-Oakland-San Jose Metropolitan Area (all items index; all urban consumers) for the twelve (12) month period ending in January each year as published by the Bureau of Labor Statistics, U.S. Department of Labor. 2. Services to be Performed. Contractor shall perform,or cause to be performed,the type of work that will consist of pool maintenance and repair services for the Dolores Bengtson Aquatic Center, as set forth in Exhibit A, Scope of Services. 3. Compensation. Total cumulative compensation under this Agreement for all work for all three years of this Agreement shall not exceed $539,850, as set forth in Exhibit B, which is attached hereto and incorporated herein. Payment shall be made within thirty(30) days of receipt of Contractor's invoice and approval by City. 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 work or 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 the materials or equipment provided under this