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MAINTENANCE AND TRADE SERVICES AGREEMENT <br />THIS AGREEMENT is made and entered into this _6th_ day of August 2025 between SWIMS, LLC <br />("Contractor"), whose address is P.O. Box 1627 Discovery Bay CA 94505 and the CITY OF <br />PLEASANTON, a municipal corporation ("City"). <br />In consideration of the mutual promises set forth in this Agreement, the parties agree as follows: <br />1.Services to be Performed. Contractor shall perform, or cause to be performed the service of three <br />(3) Large Trash Capture Device trash net cleaning, inspection and installation as work further <br />described in Exhibit A. <br />No work shall be performed unless approved by the City’s designated project manager. <br />2.Term. This contract shall commence on the date written above and shall expire on June 30, 2027. <br />3.Compensation. Total compensation under this Agreement for all work performed of this <br />Agreement shall not exceed $30,000, as described in Exhibit A. <br />4.Method of Payment. Payment shall occur upon completion of work, acceptance by City staff, <br />and submission by Contractor a request for payment. Requests submitted promptly as of the 20th <br />day of each month will be paid by the 10th day of the following month. <br />5.Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its officers, <br />agents and employees (“Indemnities”), against any and all claims, costs, demands, causes of <br />action, suits, losses, expenses, attorney’s fees, or liability, arising from or in any manner related to <br />Contractor’s (includes Contractor’s employees, agents, or subcontractors) negligent act or <br />omission, whether alleged or actual, regarding the work or services performed or caused to be <br />performed pursuant to this Agreement and any amendments thereto. Contractor shall not, however, <br />be obligated to indemnify Indemnities from claims arising from the sole negligence or willful <br />misconduct of Indemnities. This indemnification includes any claim that the materials or <br />equipment provided under this Agreement, or any tool, article or process used, constitutes an <br />infringement of any patent issued by the United States. This indemnification provision shall <br />survive termination or cancellation of the Agreement. <br />6.Insurance. During the term of this Agreement, Contractor shall maintain at its own cost and <br />expense the following insurance coverage with insurers with an A.M. Best’s rating of no less than <br />A:VII. Contractor shall have the obligation to furnish City, as additional insured, the minimum <br />coverages identified below, or such greater or broader coverage for City, if available in the <br />Contractor’s policies: <br />a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with <br />limits of at least $2,000,000 combined limit for bodily injury and property damage that <br />provides that the City, its officers, employees and agents are named additional insured’s under <br />the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. <br />Docusign Envelope ID: 6D643608-527C-4BD8-9466-767120F07C29