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1 <br />Attachment 1 <br />BURIAL AND MAINTENANCE SERVICES AGREEMENT <br />THIS BURIAL AND MAINTENANCE SERVICES AGREEMENT (“Agreement”) is <br />made and entered into December 21, 2021 be tween AMERICAN CEMETERY <br />MAINTENANCE AND BURIAL ("Contractor"), whose address is 2150 Portola Ave, Suite D- <br />160, Livermore, CA 94551 and the CITY OF PLEASANTON, a municipal corporation ("City"). <br />RECITALS <br />A. City issued a Request for Qualifications (RFQ) for Burial Services and/or Grounds <br />Maintenance for the Pleasanton Pioneer Cemetery on September 14, 2021 and Contractor <br />submitted qualifications for the requested burial services and grounds maintenance within the <br />burial areas. <br />B. Contractor is qualified and experienced in providing burial services and grounds <br />maintenance services within the burial areas as set forth in Exhibit A. <br />C. 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 commences on January 1, <br />2022 and will expire December 31, 2022. Contractor will perform the services on the schedule <br />as set forth in Exhibit A as coordinated with City staff person. <br />a.Agreement Renewal. The City and the Contractor shall retain the right to renew the <br />term of this Agreement for additional one-year periods up to, but not exceeding, four <br />(4) additional years. This Agreement may be renewed only by mutual agreement <br />between the parties involved. Either party which wants to renew the Agreement shall <br />provide the other party with written notice by August 1st preceding the possible January <br />1st renewal. The party receiving the request to renew shall respond to the other party <br />in writing within ten (10) business days of whether or not the offer to renew is accepted. <br />Each party retains the right to not renew the Agreement at the time of request. <br />2.Services to be Performed. Contractor shall perform, or cause to be performed, <br />the services described in Exhibit A and for the area identified in Exhibit C. <br />a. Contractor may utilize the City’s backhoe located at the Pleasanton Pioneer <br />Cemetery to open and close grave spaces. Only Contractor’s employees over 21 years <br />of age with a valid California driver’s license, as well as current training and <br />certification for the specific backhoe model, may operate the backhoe. Contractor <br />acknowledges that it will accept the backhoe in an as-is condition, that City makes no <br />Page 177 of 782