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ATTACHMENT 1 Operator Agreement between The City of Pleasanton and THIS OPERATOR AGREEMENT is made and entered into this day of ,2020 by and between , ("Operator"), whose address is and telephone number is ( ) and the City of Pleasanton, a municipal corporation("City"). In consideration of the mutual promises set forth in this Agreement, the parties agree as follows: 1. Services to be performed. The work will consist of: check this box X if the work is described on an attachment. Operator shall begin work by and complete by 2. Terms. This agreement shall commence on the date written above and shall expire on 3. Compensation. City shall pay Operator as follows: Payment shall be made in equal monthly payments, with a year one total of$362,473,year two total of$394,221,year three total of $414,424, for a not to exceed amount of$1,200,000 for a three-year period. If and when necessary City and Operator will negotiate compensation for years four and five of agreement. 4. Method of Payment. Payment shall occur upon completion of work, acceptance by City staff, and submission by Operator of a request for payment. Requests submitted promptly as of the 20th day of each month will be paid by the 10th day of the following month. 5. Indemnification. Operator shall hold harmless, defend, and indemnify the City, its officers, and employees, against any and all claims, costs, demands, causes of action, lawsuits, losses, expenses or liability, including attorneys' fees, arising from or the alleged acts or omissions of Operator, its subcontractors, or agents, or anything arising from this Agreement. 6. Insurance. During the term of this Agreement, Operator shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best's rating of no less than A:VII. Operator shall have the obligation to furnish City,as additional insured,the minimum coverages identified below, or such greater or broader coverage for City, if available in the Operator's policies: a. General Liability and Bodily Injury Insurance. A commercial general liability insurance for at least $10,000,000 per occurrence for bodily injury, personal injury, and property damage and provide that the City, its officers, employees and agents are named additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance will operate as primary insurance for work performed by Operator and its subcontractors, and that no other insurance effected by City or other named insured will be called on to cover a loss covered thereunder.