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Attachment 1
<br /> Operator Agreement between
<br /> The City of Pleasanton and Black Tie Transportation
<br /> THIS OPERATOR AGREEMENT is made and entered into this 1st day of December, 2020 by and
<br /> between Black Tie Transportation, ("Operator"), whose address is 7080 Commerce Drive, Pleasanton,
<br /> CA 94588 and telephone number is(800)455-0444 and the City of Pleasanton, a municipal corporation
<br /> ("City").
<br /> In consideration of the mutual promises set forth in this Agreement, the parties agree as follows:
<br /> 1. Services to be performed. The work will consist of:
<br /> Refer to Exhibits A —D, which are incorporated herein. Operator shall begin service February 1,
<br /> 2021 and complete by January 31, 2026.
<br /> 2. Terms. This agreement shall commence on the date written above and shall expire on January
<br /> 31, 2024. If and when necessary City and Operator will negotiate terms for years four and five,
<br /> extending this agreement not to exceed January 31, 2026.
<br /> 3. Compensation. City shall pay Operator as follows: Payment shall be made in equal monthly
<br /> payments as explained in Exhibit C. If and when necessary City and Operator will negotiate
<br /> compensation for years four and five of agreement.
<br /> 4. Method of Payment. Payment shall occur upon completion of work, acceptance by City staff, and
<br /> submission by Operator of a request for payment. Requests are to be submitted by the 10th day of
<br /> each month, for services provided the month prior. Start up costs in the amount of$31,065 for the
<br /> first month of service,plus cost to wrap(a vinyl graphic or decal that is applied directly over the
<br /> original paint, changing the vehicles appearance) and detail four vehicles will be invoiced by the
<br /> Operator to the City prior to December 14, 2020. City will pay Operator start up costs by January
<br /> 1, 2021. The remaining year one balance of$264,783 will be paid to Operator after receipt of
<br /> monthly invoices provided by the Operator, starting in February 2021.
<br /> 5. Indemnification. Operator shall hold harmless, defend, and indemnify the City, its officers, and
<br /> employees, against any and all claims,costs, demands, causes of action, lawsuits, losses,
<br /> expenses or liability, including attorneys' fees, arising from or the alleged acts or omissions of
<br /> Operator, its subcontractors, or agents,or anything arising from this Agreement, unless caused
<br /> by the sole negligence of the City.
<br /> 6. Insurance. During the term of this Agreement, Operator shall maintain in full force and effect, at
<br /> its own cost and expense, insurance coverages with insurers with an A.M. Best's rating of no less
<br /> than A-:VII. Operator shall have the obligation to furnish City,as additional insured,the minimum
<br /> coverages identified below, or such greater limits or broader coverage for City, if available in the
<br /> Operator's policies:
<br /> i. Commercial General Liability
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