R99-133 AUTHORIZING EXECUTION OF AGREEMENT

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(b) The fee due Romer Brothers pursuant to this agreement shall be due and owing within thirty (30) days of the completion of all curbside leaf vacuuming and disposal. Payments due Romer Brothers for each cubic yard of leaves collected shall be paid monthly. Romer Brothers shall provide the City with weekly documentation of the amount of leaves collected, and a final report within ten (10) days of the completion of same, in a form in substantial comformance to that attached hereto as Exhibit B. 4. (a) Romer Brothers shall use its best efforts to collect all leaves from the curbsides of all residential premises located within the areas set out on Exhibit A hereto once per week, Monday through Friday, at which premises leaves have been deposited as set out in section 1 hereof prior to 7:00 AM on the scheduled day of collection, for the duration of this agreement. No collections shall be made on Sunday. Romer Brothers shall only be obligated to use said best efforts based on the limitations of the equipment currently owned by Romer Brothers; specifically, Romer Brothers shall be obligated to operate one (1) leaf vacuum machine with one (1) crew. (b) Romer Brothers shall create a regular schedule for the collection of leaves from said residential premises, which schedule shall establish a specific day of the week for the collection of leaves from each block within said areas to the extent that it can reasonably be accomplished based on the best efforts of Romer Brothers as defined in paragraph 4 (a), and shall provide said schedule to the City's Environmental Planner. The City shall provide notice of said schedule to each residential premises. Said schedule may not be changed or modified without the approval of the Environmental Planner, who shall then provide notice thereof to the affected premises. 5. Romer Brothers shall not collect nor vacuum any leaves under the terms of this agreement before 7:00 AM or after 6:00 PM on any day. 6. Romer Brothers shall provide traffic control during leaf collection operations, as approved by the Police Department and the Department of Public Works. 7. (a) During regular business hours, Romer Brothers shall maintain an office equipped with a telephone and sufficient personnel to receive and record any complaints regarding leaf collection operations. The address of said office, and the telephone number thereof, shall be listed on the schedule provided to residential premises pursuant to section 4(b) of this agreement. (b) Romer Brothers shall maintain a daily log of complaints received, and their resolutions, on a form approved by the City's Environmental Planner. A copy of these logs shall be given to the City weekly with the reports required by section 3(b) hereof. 8. Romer Brothers shall be an independent contractor and not an employee of the City, and nothing contained or written herein shall be construed to the contrary. 9. (a) Romer Brothers shall carry, and have in effect, policies of insurance with the following coverages, as approved by the City's Risk Manager: