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ATTACHMENT #1 MAINTENANCE AND TRADE SERVICES AGREEMENT HAZARDOUS WASTE MANAGEMENT SERVICES AND EMERGENCY RESPONSE PROJECT NO. OSD 23.201 THIS AGREEMENT is made and entered into this day of July 2023 between NRC Environmental Services Inc.,dba US Ecology("Contractor")a Washington Corporation,whose address is 1605 Ferry Point,Alameda,CA 94501 and the CITY OF PLEASANTON,a municipal corporation("City"). RECITALS A. Contractor is qualified and experienced in providing Hazardous Waste Disposal, Decontamination and Hauling, and Consultation Services 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 emergency 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 April 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 Hazardous Waste Hauling, Disposal, and Consultation services(emergency and scheduled) for City generated waste. 3. Compensation. Total cumulative compensation under this Agreement for the term of this Agreement shall not exceed $300,000, with an average of $100,000 per year. 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 f k