R99-133 AUTHORIZING EXECUTION OF AGREEMENT

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AGREEMENT ; -; �,��- This Agreement made this f' day of August, 1999, by and between the City of Decatur, '', Illinois ("City"), a municipal corporation, and Romer Brothers Environmental Recycling, Inc. ', ("Romer Brothers"), an Illinois corporation. ' WHEREAS, it is agreed and understood by the parties that this Agreement constitutes an experiment in the feasibility of residential leaf collection. For and in consideration of the provisions set out herein, the City and Romer Brothers agree as follows: '�� 1. During the term of this agreement, Romer Brothers shall perform curbside leaf vacuuming II, and disposal in those areas shown on Exhibit A hereto. "Curbside leaf vacuuming and disposal" shall consist of sweeping or raking into the street or alley those leaves deposited adjacent thereto by residents, then vacuuming said leaves into the collection vehicle and depositing them at a location approved by the Illinois Environmental Protection Agency. For purposes of this section, leaves shall be considered deposited adjacent to streets or alleys if they are deposited within three (3) feet of the curb, where a curb exists, or within three (3) feet of the roadway or alley, and within an area not greater than twelve (12) feet in length measured parallel to the street or alley. 2. (a) Romer Brothers shall begin curbside leaf removal and disposal during the month of October, 1999, on the date or dates, and in the area or areas, specified by the City of Decatur Director of Community Development. Said notification to begin shall be in writing, and shall be provided to Romer Brothers not less than five (5) days prior to the beginning date specified therein. Romer Brothers shall perform its duties hereunder for a maximum of ten (10) consecutive weeks, as provided for in paragraph 4 (a), following the first notification to begin. (b) The City may cancel this agreement at any time, due to the failure of Romer Brothers to perform any portion hereo£ In such event, the City shall pay Romer Brothers only for leaves actually collected, plus that fraction of its fee equivalent to the fraction of the ten (10) weeks Romer Brothers performed hereunder prior to cancellation. Unless canceled for cause as described in this paragraph 2 (b), the City shall pay Romer Brothers the entire fee set out in section 3(a) hereof. 3. (a) The City shall pay Romer Brothers a fee ("fee") of Sixty Two Thousand Dollars ($62,000), plus Four pollars ($4.00) for each cubic yard of leaves collected; provided that, in no I event shall the City be liable to Romer Brothers for any sum in excess of Eighty Two Thousand � Dollars ($82,000.00) under the terms hereof. At such time as Romer Brothers has collected a sufficient volume of leaves entitling it to Eighty Two Thousand Dollars ($82,000.00), regardless of the number of weeks actually worked, Romer Brothers shall have no further duties or obligations I� hereunder.