HomeMy WebLinkAbout83-07 RESOLUTIONRESOLUTION NO. 83-07
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT WITH ROLL OFF SERVICE, INC. TO HAUL AND
DISPOSE OF SOLID WASTE WITHIN THE CITY LIMITS OF
FAYETTEVILLE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor to execute a contract with Roll Off Service, Inc. to
haul and dispose of solid waste within the city limits of Fayetteville A copy of
the contract marked Exhibit "A" is attached hereto and made a part hereof.
APPROVED:
By
PASSED and APPROVED this 1st day of May, 2007.
D COODY, Mayor
ATTEST:
By: QhIc4 C e .
SONDRA E SMITH, City Clerk/Treasurer „mum,
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AGREEMENT TO HAUL AND DISPOSE OF SOLID WASTE
IN THE CITY OF FAYETTEVILLE {{��
This Agreement (the "Agreement"), is entered into on this f fday of M4y' , 2007,
between the City of Fayetteville, Arkansas, a municipal corporation (the "City"), and Roll Off
Service, Inc. (the "Hauler"), and shall be in full force and effect on the date first written above.
City and Hauler agree as follows:
1. Hauler agrees that from and after the original date of this Agreement, all customer service
Agreements for facilities within the corporate limits of the City entered into before or
after the effective date of this Agreement, or renewed shall have terms of no more than
the remaining term of this agreement and any subsequent extensions shall be for terms of
no more than the remaining term of this agreement.
2. The term of this Agreement shall be for ninety (90) days, unless otherwise terminated
pursuant to the terms hereof.
3. Hauler agrees and understands that it may only collect and haul Solid Waste using the
type equipment commonly referred to as open -top roll -off style containers with capacities
of twenty (20) cubic yards or greater, or roll -off style compactor containers with
capacities of twenty (20) cubic yards or greater, containing waste generated from
industrial, large commercial or construction/demolition activities, or which is classified
as Special Waste, Hazardous Waste, grease or any other type Solid Waste which requires
special handling or disposal. Hauler shall not collect any Class 1 or Class 4 material in
other containers. No unseparated recyclables collected in any type container shall be
hauled from any customer within the corporate limits of the City of Fayetteville. The
collection of scrap metal, cardboard and other source -separated recyclables are not
controlled or affected by this contract.
4. Hauler agrees and understands that it may utilize the City's transfer station for all Class 1
waste collected pursuant to this Agreement and shall deliver all Class 4 waste to a
properly licensed landfill facility. Hauler shall pay all transfer station fees to the transfer
station operator and all Class 4 landfill fees to the landfill operator, as they may be
established and amended, from time to time.
5. Hauler shall pay all fees due hereunder, along with the required supporting information,
on or before the 15th of each calendar month for the immediately preceding calendar
month. During the term of this Agreement, Hauler will be assessed penalties according to
the following schedule if the required payments are untimely:
a) First Occurrence: Roll Off will be assessed a 25% penalty
b) Second Occurrence: Roll Off will be assessed a 50% penalty
6. If Hauler failed to pay the fees within forty-five (45) days of the due date, the City may
revoke this Agreement upon delivery of written notice to the Hauler. The supporting
information shall be sufficient to demonstrate the accuracy of the fee calculation, and
shall include the following information: (i) Hauler's worksheet calculating the fees
remitted; (ii) a blind list of payments received from customers within the City; (iii) such
list shall clearly indicate whether each payment was from a permanent or temporary
customer, and (iv) the fee shall be based upon all activity from each customer account
within the City, and shall include the normal billing charges for all free or discounted
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services (excluding those for non-profit organizations) including but not limited to
delivery, pull charges, disposal charges, transportation charges, final pull charges, and
return charges The City shall have the right to conduct an audit of Hauler's customer
files and records for all customers located within the City, provided that such audit
privilege shall be limited to once per calendar quarter. If such audit reveals the hauler
should have paid at least 5% more than reported, the cost of the audit shall be paid by the
Hauler to the City. During such audit, the City may review certain trade secret
information, including rates, frequency of service, customer lists, and other customer
information provided that such trade secret information may not be copied or removed by
the City. Nor shall such information be divulged to any third party by the City, its
employees, officers, or elected officials without the express written consent of the Hauler.
7. Hauler agrees and understands that it shall submit to the City on an annual basis a list of
all commercial vehicles used to provide services in the City, proof of appropriate vehicle
registration, and proof of the insurance required under Section 16.
8. Hauler agrees and understands that it shall provide a list of vehicle operators collecting
and hauling waste in the City of Fayetteville, along with proof of their valid and
appropriate commercial drivers' licenses issued by the State of Arkansas. The Hauler
shall also provide, maintain, and implement a plan to ensure that the vehicle operators
maintain their commercial driver's licenses in accordance with applicable federal and
state laws.
9. Hauler agrees that it shall comply with all federal, state and local laws applicable to the
safety, environmental and transportation matters related to providing solid waste
collection services under this Agreement. Hauler agrees that all open-top roll-off style
containers will be properly covered during transit on streets and highways within
Fayetteville.
10. In consideration of the right to provide the services described under this Agreement,
Hauler agrees and understands that it shall be required to pay a monthly fee of ten (10%)
percent (the "Fee") of the gross revenue received for all services provided under this
Agreement. Upon execution of this Agreement, a deposit shall be paid in advance to the
City. The deposit shall be equal to one-half of the total fees that were or would have been
paid by the Hauler within to the City during the previous twelve (12) months. Such
deposit shall be reviewed on an annual basis. Any reasonable disagreement in estimated
gross revenue will be decided in the favor of the City. The deposit shall be refunded, less
any unpaid fees, when the Hauler ceases operation within the City or this Agreement is
terminated, whichever is earlier.
11. The City reserves the right to inspect all vehicles and containers to ensure that the
vehicles are safe and well-maintained and that all containers are well-maintained and
water tight, if necessary.
12. Hauler agrees and understands that it shall be required to establish an individual credit or
service relationship with the City of Fayetteville transfer station operator. Hauler agrees
that it shall comply with all practices, policies and procedures as established by the
transfer station operator from time to time. Any tipping fee deposits required by the
transfer station or landfill operators shall be refunded, less any unpaid tipping fees, when
the Hauler ceases hauling activities governed by this Agreement.
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13. This Agreement has been entered into freely and voluntarily by Hauler which agrees to
abide by all of the terms and conditions as a matter of contractual obligation pursuant to
applicable city ordinances. This is a contractual Agreement and is not intended to be part
of or related in any way to any license or ordinance created pursuant to A.C.A. §26-77-
102.
14. Neither this Agreement, nor any rights or obligations hereunder may be assigned or
transferred to any third party or affiliate.
15. For the purpose of this contract, the Point of Contact of the City of Fayetteville shall be
Gar1 Dumas or his successor. The Point of Contact for the Hauler shall be
ctt Rh IT . Communications pertaining to day-to-day aspects of this
contract shall be through these individuals. Either party may change its designated Point
of Contact upon ten (10) days prior written notice to the other party.
16. Hauler agrees to protect, indemnify, defend and save harmless the City, its officials,
officers, employees, agents, subcontractors, representatives and assigns from any loss,
claim, liability, penalty, fine, forfeiture, demand, cause of action, suit and costs and
expenses incidental thereto (including costs of defense, settlement and reasonable
attorneys' fees), to the extent caused by (i) Hauler's breach of any term, condition,
covenant or warranty contained in this Agreement, or (ii) Hauler's negligent act or
omission or willful misconduct related to the delivery of waste to the City transfer station
or a properly licensed landfill facility.
17. Insurance: Hauler shall maintain the following insurance coverage during the term of this
Agreement:
(a) Hauler shall provide and maintain, during the term of this Agreement,
comprehensive general liability insurance, to protect against all claims
arising out of the performance of its services hereunder that result in bodily
injury, death or property damage. The policy or policies shall contain a
clause that the insurer will not cancel or decrease the insurance coverage
without first giving the City sixty (60) days notice in writing.
(b) Upon written request, Hauler shall furnish the City with evidence that the
insurance required of it is in force.
The types of coverage and limits of liability of all insurance required herein
shall be as follows:
(c)
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COVERAGE
LIMITS OF LIABILITY
Workmen's Compensation
Statutory
Employer's Liability
$500,000
Bodily Injury Liability except
Automobile
$1,000,000 each
occurrence
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18. Termination: Except as otherwise provided herein, if Hauler breaches this Agreement or
defaults in the performance of any of the requirements or conditions contained herein,
and such breach continues for fifteen (15) days after the City has given the Hauler written
notice of such breach or default, the City may: (i) terminate this Agreement fifteen (15)
days after the fifteen (15) days in which to cure; or (ii) cure the breach or default at the
expense of the Hauler; and (iii) have recourse to any other right or remedy to which it
may be entitled by law. The City may terminate this Agreement upon written notice to
the Hauler if the Hauler makes an assignment for the benefit of creditors, or files a
voluntary petition in bankruptcy, receivership or insolvency, or files an answer in any
involuntary proceeding of that nature admitting the material allegations of the petition, or
if a proceeding in bankruptcy, receivership or insolvency shall be instituted against the
offending and such proceeding is not dismissed within sixty (60) days. In the event that
this Agreement is terminated for any reason, any amounts payable to the City by Hauler
for services rendered for any reason whatsoever shall become immediately due and
payable as of the date of such termination.
19. All notices required or permitted under this contract shall be submitted in writing to the
other party to this contract, by certified mail, return receipt requested, which notice shall
be effective three (3) days after deposit therein addressed to the following:
City of Fayetteville ROLL OFF 52211 scr,., ric-
Dan Coody, Mayor ttn: °7nM She rT I-1
113 West Mountain Street -O. -')/)X pa)
Fayetteville, AR 72701 4-40 t)
20. Hauler agrees and understands that this Agreement and documents submitted to he City
pursuant hereto are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville requesting such
documents, Hauler will do everything possible to provide the documents in a prompt and
timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-
19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be
assessed for this compliance.
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Property Damage Liability
Except Automobile
$1,000,000 each aggregate
Automobile Bodily Injury
$1,000,000 each person
Comprehensive General
Liability
$1,000,000 each
occurrence
Automobile Property Damage
Liability
$1,000,000 each
occurrence
Excess Umbrella Liability
$1,000,000 each occurrence
18. Termination: Except as otherwise provided herein, if Hauler breaches this Agreement or
defaults in the performance of any of the requirements or conditions contained herein,
and such breach continues for fifteen (15) days after the City has given the Hauler written
notice of such breach or default, the City may: (i) terminate this Agreement fifteen (15)
days after the fifteen (15) days in which to cure; or (ii) cure the breach or default at the
expense of the Hauler; and (iii) have recourse to any other right or remedy to which it
may be entitled by law. The City may terminate this Agreement upon written notice to
the Hauler if the Hauler makes an assignment for the benefit of creditors, or files a
voluntary petition in bankruptcy, receivership or insolvency, or files an answer in any
involuntary proceeding of that nature admitting the material allegations of the petition, or
if a proceeding in bankruptcy, receivership or insolvency shall be instituted against the
offending and such proceeding is not dismissed within sixty (60) days. In the event that
this Agreement is terminated for any reason, any amounts payable to the City by Hauler
for services rendered for any reason whatsoever shall become immediately due and
payable as of the date of such termination.
19. All notices required or permitted under this contract shall be submitted in writing to the
other party to this contract, by certified mail, return receipt requested, which notice shall
be effective three (3) days after deposit therein addressed to the following:
City of Fayetteville ROLL OFF 52211 scr,., ric-
Dan Coody, Mayor ttn: °7nM She rT I-1
113 West Mountain Street -O. -')/)X pa)
Fayetteville, AR 72701 4-40 t)
20. Hauler agrees and understands that this Agreement and documents submitted to he City
pursuant hereto are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville requesting such
documents, Hauler will do everything possible to provide the documents in a prompt and
timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-
19-101 et seq.). Only legally authorized photocopying costs pursuant to the FOIA may be
assessed for this compliance.
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21. This agreement shall be interpreted according to and enforced under the laws of the State
of Arkansas. Capitalized terms herein shall have the same meaning as set forth in ADEQ
Reg. No. 22.
22. A waiver by either party of any of the terms or conditions herein shall be limited to that
particular instance, and shall not be construed as a general waiver of either party's right
to seek appropriate remedies for any other breaches by either party.
23. Each paragraph of this Agreement is severable from all other paragraphs. In the event any
court of competent jurisdiction determines that any paragraph or subparagraph is invalid
or unenforceable for any reason, all remaining paragraphs and subparagraphs shall
remain in full force and effect.
24. This contract and the Addendum below constitute the entire understanding of the parities
and no modification or variation of the terms of this contract shall be valid unless made in
writing and signed by the duly authorized agents of the City of Fayetteville and the
Hauler.
25. Each of the undersigned warrants that he or she has the full right, power, and authority to
execute this contract on behalf of the party indicated for the purposes herein contained.
26. To the extent a definition or a specific term is not provided herein but is nonetheless
required by the context, it is the intention of the parties to incorporate herein the
definitions contained in applicable law and regulation in effect as the date hereof, except
to the extent subsequent law or regulation shall expressly or implicitly mandate a revised
definition.
27. The obligations of the parties to this Agreement, which by their nature would continue
beyond the termination, cancellation or expiration of this Agreement, shall survive the
termination (for any reason), cancellation or expiration of this Agreement.
P4 WITNESS WHEREOF, we have hereunto set our hands on the date first written
above.
CITY OF FAYETTEVILLE
ATTEST:
By: ltd rI/� By: 01/44-4--)S, . 6„Aw.
DAN COODY, Mayor SONDRA E. SMITH, City Treasurer
ROLL OFF SERVICE, INC.
By:
WITNESS:
By:
5
4
John Nelson
Submitted By
433, fuwnow.Q
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
April 3, 2007
City Council Meeting Date
Solid Waste & Recycling
Division
Action Required:
e65-
1MI Veva
Operations
Department
A resolution denying an agreement between the City of Fayetteville, Arkansas and Roll Off Service, Inc. to haul and
dispose of solid waste in the City of Fayetteville.
Cost of this request
Account Number
Project Number
Budgeted Item
Category / Project Budget
Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance
Budget Adjustment Attached
Fund Name
rtment
D9 ta,
City Attorne
Date
3bn4 7
Date
Lk)a., 0. . ..� 3 ' 14 -07
Finance and Internal Service Director
Mayor
Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in Mayor's Office
•
Comments:
ia&d n inv /iaoo7%Sp /fiells g»4
WLLevilleeY
Interdepartmental Correspondence
OPERATIONS
DEPARTMENT
To: Mayor and City Council
From: Gary Dumas, Director of Operations
Date: March 6, 2007
Subject: Agreement with Roll Off Service, Inc. to haul and dispose of solid waste in
the City of Fayetteville
•
Recommendation: A resolution denying an agreement between the City of Fayetteville,
Arkansas and Roll Off Service, Inc. to haul and dispose of solid waste in the City of Fayetteville.
Background: Roll Off Service, Inc. has requested to renew their contract to haul and dispose of
waste within the City of Fayetteville. The contract will permit Roll Off Service, Inc. to continue to
haul and dispose of waste in containers twenty (20) cubic yards and greater in size. The
agreement requires Roll Off Service, Inc. to pay a monthly fee to the City of Fayetteville of ten
(10%) percent of the gross revenue. This is the standard agreement authorized by City Council
in implementing the contract fee. In addition, Roll Off Service, Inc. requests to collect source
separated recyclables and or scrap metals. Section 3 of the Agreement states no un -separated
recyclables collected in any type container shall be hauled from any customer within the
corporate limits of the City of Fayetteville. The collection of scrap metal, cardboard and other
source -separated recyclables are not controlled or affected by this contract.
Discussion: Roll Off Service, Inc. entered into this agreement in March 2004. The term of this
agreement was three years. Staff requests this agreement renewal be denied for the following
reason(s): Roll Off Service, Inc. has consistently been in non-compliance with the agreement by
failing to remit monthly fees by the deadline stated and by failing to remit the required supporting
information. An audit was conducted in December 2004 which uncovered a magnitude of
discrepancies and understated gross revenues reported to the City. The month of September
2004 was selected as the sample month. The auditor and Roll Off Service, Inc. reviewed
documents for September 1 through September 16, 2004 in which a significant underpayment
was revealed. The auditor was not permitted by Roll Off Service, Inc. to continue the review of
documents for September 17 through 30, 2004. As a result of the incomplete audit, Roll Off
Service, Inc was assessed $17,256 91 in underpaid fees to the City.
The City issued ten violation letters to Roll Off Service, Inc. during 2005 for non payment of fees
and/or failure to pay penalties. Letters specifically instruct that a two (2%) percent penalty be
applied. A second letter was needed to collect the penalty on six occasions.
Roll Off Service, Inc. regularly remitted monthly fees through August 2006 A letter was mailed
in January 2007 to collect remaining fees for 2006. The letter informed Roll Off Service, Inc. the
contract would terminate on January 31, 2007 if remaining fees were not remitted. Those fees
were collected, but another letter was needed in February to collect January fees.
A Required Supporting Information Form was mailed to all haulers contracted with the City of
Fayetteville in July 2006. The form was developed by the Internal Auditor in an effort to seek
compliance with the agreement and to ensure conformity of the required supporting information.
Roll Off Service, Inc. does not remit this form and continues to supply backup without sufficient
information.
As a result of these and ongoing issues, a great deal of staff time is devoted to monitoring
compliance with the agreement, preparing letters, and calculating penalties.
The Staff does not recommend renewal of this agreement with Roll Off Service, Inc. or any
subsidiary or renamed or reconstituted company with the same principles due to the continuing
noncompliance issues.
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RESOLUTION NO.
A RESOLUTION DENYING RENEWAL OF THE CONTRACT
WITH ROLL OFF SERVICE, INC. TO HAUL AND DISPOSE OF
SOLID WASTE WITHIN THE CITY LIMITS OF FAYETTEVILLE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the Ci '' f'Fhyettev 11e,
hereby denies renewal of the contract with Roll iService Inc. to
dispose of solid waste within the city 1imi Fayettevilie.
PASSED and APPROVED this 3r clay of April, 2007.
APPROVED:
By
•
Arkansas
haul and
SONDRA SMITH, City Clerk/Treasurer
h
Roll Off Service, Inc.
Post office Box 1700
Lowell AR 72745
Phone 479-872-9098
Fax 479-872-0848
February 26, 2007
City of Fayetteville
Attn: Gary Dumas
113 West Mountain
Fayetteville, AR 72701
Dear Mr. Dumas,
This letter is a request for the ability of Roll Off Service, Inc. to continue our service of 20 yard or greater roll off containers
containing waste generated from industrial, large commercial or construction/demolition activities or which is classified as Special
Waste, Hazardous Waste, grease or any other type Solid Waste which requires special handling or disposal from within the city limits
of the City of Fayetteville. In addition we also request to collect source separated recyclables and or scrap metals.
I appreciate your consideration of this request.
Sincerely,
Bob Mager ar
General Manager
Roll Off Service, Inc.
•
layeevtlle
ARKANSAS
OPERATIONS DIRECTOR
Roll -Off Service, Inc.
Attn: Mr. Tom Smith
P.O. Box 1700
Lowell, Arkansas 72745
Dear Mr. Tom Smith,
PY
February 23, 2005
The result of the December 1, 2004 audit of Roll -Off Service, Inc. is enclosed.
The audit report includes the following sections: Audit Purpose, Procedures, Results and
Remedies. Please pay particular attention to the Remedies section. This section details
your options as well as recommendations on how Roll -Off Service and the City of
Fayetteville can continue our business arrangement. In addition to the Audit Report there
is a calculation worksheet detailing a revenue short fall of $15,569.99 for 2004 services
provided by Roll -Off Service, Inc. with in the City of Fayetteville. This amount is due in
addition to any outstanding payments owed to the City of Fayetteville.
As per the contract between Roll Off Service, Inc. and the City of Fayetteville paragraph
5, the audit revealed a significant underpayment; as such a 2% penalty is assessed. This
penalty is $80.38. Additionally, since the underpayment was greater than 5%, the cost of
the audit services is also assessed as per paragraph 5. This cost is $1,309.20. Further the
forgone interest due to the City of Fayetteville is $297.33.
The total due is $17,256.91.
Roll Off Service, Inc. is in breach of its contract with the City of Fayetteville for not
remitting appropriate fees. This letter is your Notice To Cure such breach. As per the
contract paragraph 17, you have 15 days to remit the total due the City.
Failure to remit the total due will result in the termination of this contract.
Sincerely Yours,
Gary Dumas
Sionne-o
113 West Mountain
Fayetteville, Arkansas 72701
-Office phone - 479-575-8330
Fax - 479-575-8257
e-mail-.gdumas®ci.fayetteville.anus
•
Roll -Off Service, Inc. Audit Report
•
AUDIT PURPOSE:
An audit was performed by the City of Fayetteville (City) to determine if the City is
receiving proper payment from Roll -Off Service (Hauler) in accordance with the terms of
the contract dated March 2, 2004. According to the contract, the Hauler agrees to pay a
monthly fee of 10% of the gross revenues received for open top trash bin services within
the corporate limits of the City.
PROCEDURE #1:
The Hauler was informed that an audit would be performed according to the terms of the
contract. The Hauler Accounts Receivable Clerk was interviewed regarding the fees
remitted to the City for the month of September. A blind listing of payments received
from customers within the City, which is a document required by the contract, was
requested. It was determined that the listing did not exist. The Hauler was asked to
provide a list of the customers within the City who were included with September's
payment, but the Hauler was also unable to provide an accurate list.
As a substitute for the contractual documents, the daily deposit slips for the month of
September were obtained, and a sample of invoices was chosen from the receipts on the
deposit slips. The invoices were reviewed to determine if the gross revenue should have
been included in the contract to the City.
RESULTS:
For the month of September, the City received a fee of $536.06 from the Hauler, which
represents gross revenues of $5,360.61. The results of the sample showed that gross
revenues to the City were understated by at least $2,760.12. The Hauler underpaid the
City by $276.01, the 10% fee on the gross revenues. Because this represented more than
a 50% difference from what the City was paid for the month of September, the cost of the
audit, $1,309.20, is payable by the Hauler to the City.
PROCEDURE #2:
Due to the large difference found in the sample, all payments greater than $65.00 on the
September daily deposit slips were listed to be reviewed for correct payment to the City.
RESULTS:
The auditor and Hauler owner reviewed the invoices for September 1 through September
16, 2004. The review revealed additional gross revenue of $6,166.67 subject to the fee.
The Hauler owner reviewed the invoices for September 17 through 30, 2004, without
allowing the auditor to participate. The Hauler review revealed additional gross revenue
of $1,123.09 subject to the fee.
REMEDIES:
Gross revenues reported to the City were understated by at least $10,049.88 in the month
of September 2004, which represents a fee due the City of $1,004.99. According to the
contract, a 2% penalty is assessed per month on payments received after the due date,
which would be $80.38 for September's unpaid balance due.
Due to the magnitude of the discrepancies discovered, the City has a contractual right for
an audit of all months of the contract period, with audit costs paid by the Hauler. To
provide and independent and objective review of fees payable to the City, it would be in
the best interests of both parties to have the audit performed by a mutually agreeable
Certified Public Accounting firm. It is expected that this type of audit would be very
costly to the Hauler based on the condition of the Haulers' records as documented above.
The City also expects this type of audit could be disruptive to the Hauler's on-going
efforts to conduct business. Therefore, in the interest of not wanting to appear punitive,
the City is willing to apply the audit results for September 1 through 16, the period the
City was able to audit, to the other months of the contract period, in lieu of a full audit.
By applying the average daily gross revenues from September 1 through 16 to all days of
the contract period through 2004, the City is due an additional. $14,565.00. Interest
foregone on the monthly unpaid fees to the City at a 2004 blended interest rate of 4.5%
totals $297.33.
Or
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FAYETTEVILL,
'NE On' OP 1':1YETFEVILLE. ARKANSAS
Roll Off Service, Inc.
Tom Smith
P.O. Box 1700
Lowell, AR 72745
Dear Tom:
I have received the certificate of insurance for Roll Off Service, Inc. from Walker Bros.
Insurance, Inc.
I have not received the list of vehicles with proof of registration, the list of vehicle operators with
proof of valid and appropriate commercial driver's licenses, the company's plan to insure that
the vehicle operators maintain their commercial driver's licenses, and the deposit required.
Your earlier concern regarding privacy of driver's license numbers can be resolved by marking
though the number and providing copies of the driver's license cards with the number
obliterated.
Roll Off Service, Inc. is in substantial non-compliance with the Agreement to Haul and
Dispose of Waste. As a result Roll Off Service, Inc. vehicles doing business in Fayetteville
may be stopped and ticketed effective immediately.
You should resolve these outstanding compliance issues immediately to avoid disruption of you
services.
April 2, 2004
Sincerely,
Gary Dumas
Director of Operations
Cc: Rick Hoyt, Chief of Police
Dan Coody, Mayor
1 I3 WEST MOUNTAIN
FAYE:ITEV1(.1 E.. ARKANSAS 72701
479-575-8330
FAX 479-575-8257
FAYETTEVIL SJ
THE CITY OF FAYEITE`JILLE, ARKANSAS
PY
June 15, 2004
To Contracted Waste Haulers:
It is the 15th of the month again.
Please be reminded that there are specific stipulations within contract concerning
payment of fees and specific reporting that must be provided monthly with each payment.
Specifically this contract requirement is found within paragraph 5. This timing and
reporting requirement reads in part (emphasis added):
Hauler shall pay all fees due hereunder, along with the required supporting
information, on or before the 15th of each calendar month for the immediately
preceding calendar month. Payments of the fees received after the due date shall
be assessed a 2% penalty per month. If Hauler failed to pay the fees within forty-
five (45) days of the due date, the City may revoke this Agreement upon delivery
of written notice to the Hauler. The supporting information shall be sufficient to
demonstrate the accuracy of the fee calculation, and shall include the following
information: (i) Hauler's worksheet calculating the fees remitted; (ii) a blind
list of payments received from customers within the City; (iii) such list shall
clearly indicate whether each payment was from a permanent or temporary
customer, and (iv) the fee shall be based upon all activity from each customer
account within the City, and shall include the normal billing charges for all
free or discounted services (excluding those for non-profit organizations)
including but not limited to delivery, pull charges, disposal charges,
transportation charges, final pull charges, and return charges.
All contracted haulers must provide the above described activity report each month.
Payments should be made by check payable to the City of Fayetteville. The check and
supporting information should be delivered together to Gary Dumas, Director of
Operations, 113 West Mountain, Fayetteville, Arkansas 72701.
113 WEST MOUNTAIN
1'AYETTEVILL1. ARKANSAS 72701
479-575-8330
FAX 479-575-8257
aye MUe
ARKANSAS
•
OPERATIONS DIRECTOR
Roll -Off Service, Inc.
Attn: Mr. Tom Smith
P.O. Box 1700
Lowell, Arkansas 72745
Dear Mr. Tom Smith,
COPY
March 24, 2005
This letter is to service as notice that the City of Fayetteville has not received Roll -Off
Service's contract payments for January or February of 2005. Per the contract, please
include a 2% per month penalty with your payment. Your attention to this matter is
greatly appreciated.
Sincerely
Gary Dumas
113 West Mountain
Fayetteville. Arkansas 72701
Office phone - 479-575-8330
Fax - 479-575-8257
e -moil - gdu 6'i.fayetteville.acus
•
OPERATIONS DIRECTOR
Roll -Off Service, Inc.
Attn: Mr. Tom Smith
P.O. Box 1700
Lowell, Arkansas 72745
Dear Mr. Tom Smith,
•
April 14, 2005
This letter serves as a notice that the City of Fayetteville has not received contract
payments from Roll -Off Service, Inc. for October 2004. Per the contract, please include
a 2% per month penalty with your payment. I want to thank you for your payments of
January 2005 and February 2005 services. Regrettably, the payments were received on
April 12, 2005 without the required penalty. Please submit the 2% per month penalty
payment of $77.65 for January 2005 and $47.16 for February 2005 services.
Your attention to these matters is greatly appreciated.
Sincerely,
Gary Dumas
113 West Mountain
Fayetteville, Arkansas 72701
ORcc phone - 479-575-8330
Fax -479-575-8257
OECOPY •
._rage.`e ARKANSAS
OPERATIONS DIRECTOR
Roll -Off Service, Inc.
Attn: Mr. Tom Smith
P.O. Box 1700
Lowell, Arkansas 72745
Dear Mr. Tom Smith,
On about April 16, you received my letter to you dated
the City of Fayetteville had not received the contract
Inc. for the month of October, nor the contractual la
January and February.
May 25, 2005
14, 20 z 'nfortning you that
from Roll Off Services,
nt fees for the months of
Additionally, no contract payment has now be *F receive or the month of April.
Roll Off Service, Inc. is in breach of its
remitting appropriate fees. ,
This letter is your Final Notice To Cure su'". c
As per the contract paragraph
late payment fees due the Cit
e City of Fayetteville for not
av 15 days to remit the total due including all
•
Failure to remit the tota l oust du : ' i11 result in the termination of this contract on June
14, 2005.
Effective June 1
by law to enfor
the fps y will use any right or remedy to Which it may be entitled
ovisions of the contract and collect any amounts owed the City.
Sincerely Yours,
Gary Dumas
113 Wcst Mountain
Fayetteville, Adtnnsat 72701
Oltice phone - 479-575-9330
Far- 479-575=9257
ennail - gtlwnas (ci. faycttcville.ncus;