The URL can be used to link to this page

Home My WebLink About83-07 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, ��,, ;•C>'G\S Y �O,c S) U:• 'PS 'c ;FAYETTEVILLE • 1d4?KAIdis % GO 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 1 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. 2 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) 3 COVERAGE LIMITS OF LIABILITY Workmen's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability except Automobile $1,000,000 each occurrence 3 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. 4 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. 4 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. 1 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 W m wea- • QN V O W Ntc`I'-< O W V w r 00'Vw 2 2 q'0 �1\ MMOWV MN (0)0)0)10 W {o{pp 0)0)1 w wwcbrnNwwo 0 1` w W W cD cDh m O O Wd0nN01,4-M w = 1. W 1 ID'Nob 14.--2 ri en mi. riv PhCbNtbOQ N N q N N N N N r N N N m 0 LL WO IN�W] NNONIW'lN n0to0wvm N O N O O O O N O • N O in It) 10 V ID N N N N N N r e N N N or Or r Or O�-1 MMMMMMMMCM 3 d m ▪ o amma'wmG 0)c w • � ¢2'-�i�<00 z0 2• 8 o r cc6 O W a • 3 E0 ¢> 0 Interest foregone on unpaid monthly balances • Interest at 4.5% 8 c 0 f AQP W M N ID CMI W w w m N W N W I. Y W ONMONOto Abt`>OINNNOW ✓ M W 1. O O N V W eeee M W O 1. 1. 1. W at. W N m M In 0 W M N W m w 1. 0 W o N w N M M< W W • O W w w N r r O N OtOwNrY C N V m c V o 40) a w M W w o W M w n.-'r_OW'r 1.2 O> C T J m t >4 ¢ 2i'-',¢WO'Go 8 P00001, P Nf N O 1'1 d'00 P00' O m O'DP O n v1N r —4' V b N 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; July 25, 2005 Tom Smith Roll -Off Service Inc PO Box 1700 Lowell, AR 72745 Dear Tom Smith, This letter serves as a reminder there are specific stipulations of the Agreement to Haul and Dispose of Solid Waste in the City of Fayetteville contract regarding payment of fees and specific reporting required monthly with each payment. Specifically, this contract requirement is found in paragraph 5. Payment deadline and reporting requirements read 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 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. If no activity occurred, e-mail dumasna.ci.favetteville.ar.us stating as such. Payments should be made by check payable to the City of Fayetteville. The check and supporting documents should be delivered to Gary Dumas, Director of Operations, 113 W. Mountain St., Fayetteville, Arkansas 72701. I greatly appreciate your immediate attention to this matter and anticipate hearing from you soon. Please disregard this notice if your check is in the mail. Sincerely Yours, Gary Dumas, Director of Operations 113 West Mountain Faycttcvilte, Arkansas 72701 Office phone - 479-575-8330 Fax - 479-575-8257 e-mail - gdumas(u�ci. fayctteville.ar.us `rna &oe 7/Z7%s July 26, 2005 Tom Smith Roll -Off Service Inc PO Box 1700 Lowell, AR 72745 Dear Tom Smith, This letter serves as a reminder there are specific stipulations of the Agreement to Haul and Dispose of Solid Waste in the City of Fayetteville contract regarding container capacity size for the collection and hauling of solid waste. Specifically, this contract requirement is found in paragraph 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 rg eater, 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. Containers less than twenty (20) cubic yards are in violation of the agreement entered into with the City of Fayetteville and should be removed immediately. Please resolve the above compliance issue within fifteen (15) days from the date of this letter. Your prompt attention to this matter is greatly appreciated. Sincerely Yours, Gary Dumas Director of Operations 113 West Mountain Fayetteville, Arkansas 72701 Office phone - 479-575.6330 Fax -479-575-6257 c -mail - gdmnasVci.fayettevillc.ar.us '7"a,u zd 7,2755 aye eOle OPERATIONS DIRECTOR COPY August 10, 2005 Tom Smith, Roll -Off Service Inc PO Box 1700 Lowell, AR 72745 Dear Tom Smith, Thank you for your payment of June 2005 franchise fees in the amount of $1,610.82. Unfortunately, the payment was received on August 5, 2005 without the required penalty assessed on fees remitted after the due date of July 15, 2005. Please remit a 2% penalty of $32.22 to bring your account up to date. As a reminder, July 2005 franchise fees will be due on or before August 15, 2005. To avoid additional penalties, please remit your payment promptly. Payments should be made by check payable to the City of Fayetteville. The check and supporting documents should be delivered to Gary Dumas; Director of Operations, 113 W. Mountain St., Fayetteville, Arkansas 72701. I greatly appreciate your immediate attention to this matter and anticipate hearing from you soon. Sincerely, Gary Dumas Director of Operations 113 West Mountain Fayetteville, Arkansas 72701 Office phone - 479.575-8330 Fax - 479-575-8257 e-mail - gdumasQci.fayetteville.ar.us tat $45 CERTIFIED MAIL VIOLATION NOTICE August 22, 2005 Tom Smith Roll -Off Service Inc FO Box 1700 Lowell, AR 72745 Subject: Notice of Violation Dear Tom Smith, ECOPY On July 26, 2005 the City of Fayetteville issued a letter notifying you that containers less than twenty (20) cubic yards are not permitted by your Agreement to Haul and Dispose of Solid Waste in the City of Fayetteville ("Agreement") and must be removed immediately. Roll.Off Service, Inc. is in substantial non-compliance with the Agreement. This letter is your Final Notice To Cure this breach of contract. As per the contract paragraph 17, you have 15 days to cure this breach of contract. Failure to cure this breach of contract will result in the termination of this contract on September 6, 2005. Effective September 7, 2005 the City will use any right or remedy to which it may be entitled by law to enforce the provisions of the contract. Sincerely Yours, Gary Dumas Director of Operations 113 West Mountain Fayetteville, Arkansas 72701 Office phone - 479-575-8330 Fax -479-575-8257 e-mail - gdumas@ci.fayetteville.ar.us CERTIFIED MAIL VIOLATION NOTICE September 23, 2005 Tom Smith Roll -Off Service Inc PO Box 1700 Lowell AR 72745 Dear Mr. Smith: ECOPY On August 10, 2005 I sent you a letter informing you that June 2005 franchise fees were received on August 5, 2005 without the required two percent (2%) penalty of $32.22. I also reminded you that July fees were due on or before August 15. Unfortunately you did not respond and no contract payment has been received for July or August. Roll -Off Service, Inc. is in breach of its contract with the City of Fayetteville for not remitting appropriate fees. This letter is your Final Notice To Cure such breach. As per the contract paragraph 17, you have 15 days to remit the total due including all late payment fees due the City. Failure to remit the total amount due will result in the termination of this contract on October 10, 2005. Effective October 11, 2005 the City will use any right or remedy to which it may be entitled by law to enforce the provisions of the contract and collect any amounts owed the City. Sincerely, Gary Dumas Director of Operations 113 West Mountain Fayetteville, Arkansas 72701 Office phone - 479-575-8330 . . Fax - 479-575-8257 e-mail - gdumas rQci.fayetlevillc.ar.us October 31, 2005 Tom Smith Roll -Off Service Inc PO Box 1700 Lowell, AR 72745 Dear Tom Smith, Thank you for your payment of July, August, and amount of $6,767.10. Unfortunately, the payment without the required penalty assessed on fees rem 2% penalty, in the amount of $262.07, for the moJ bring your account up to date. As a reminder, October 2005 franchise I Penalties will accrue at a rate of 2% per each month. To avoid additional penalt WIC 4$ 'I • .. - 1 1 A - ' or before November 15, 2005. is received after the 15th day of your payment promptly. Payments should be made by chec payable tolhe City of Fayetteville. The check and supporting documents should b liv - ed to Gary Dumas, Director of Operations, 113 W. Mountain St.; Fayetteville, as 7 001. I greatly appreciate your • ediate a tion to this matter and anticipate hearing from you soon. Sincerely, a Gary Dumas - Director of Operations 113 West Mountain Fayetteville, Arkansas 72701 Office phone - 479-575-8330 Fax - 479-575-8257 e-mail - gdumas®ci.fayetteville.ar.us CERTIFIED MAIL VIOLATION NOTICE December 7, 2005 Tom Smith Roll -Off Service Inc PO Box 1700 Lowell AR 72745 Dear Mr. Smith: COPY On October 31, 2005 I sent you a letter informing you that late penalties were due on franchise fees remitted for the months of July, August, and September. On November 22, 2005 the franchise fee payment for the month of October was received past the due date of November 15, 2005. Penalties accrue at a rate of two percent (2%) per month for payments received after the 15th day of each month. Roll -Off Service has accrued penalties in the amount of $408.58. If these fees are not received by December 15, 2005, an additional $178.93 in penalties will be applied along with a two percent (2%) penalty for November fees. Roll -Off Service, Inc. is in breach of its contract with the City of Fayetteville for not remitting appropriate fees. This letter is your Final Notice To Cure such breach. As per the contract paragraph 17, you have 15 days to remit the total due including all late payment fees due the City. Failure to remit the total amount due will result in the termination of this contract on December 26, 2005. Effective December 27, 2005 the City will use any right or remedy to which it may be entitled by law to enforce the provisions of the contract and collect any amounts owed the City. Sincerely, Gary Dumas Director of Operations I I i West Mountain I�alcltm Ila. Arkansas 72701 Off ee phone - 479-575-8330 Fa' -479-575-8257 c -mail - edumasr4cl.faycuevilk.ai.u.. THE CITY OF FAYETTEVILLE, ARKANSAS July 14, 2006 To: All Haulers contracted with the City of Fayetteville to colt t and haul solid waste within the corporate limits of the City According to your agreement with the City of Fayetteville, quired to pay a monthly fee of 10% of the gross revenue received f ervices rovided under the agreement. Covered services include th olle n and hauling of solid waste using the type equipment commonly re4f4� as open -top roll -off style containers with capacities of 20 cubic yard r, or roll -off style compactor containers with capacities of 20 c ya or ater, containing waste generated from industrial, large comrnrcial or c• struction/demolition activities, or which is classified as special wa haza21buS waste, grease or any other type solid waste which requires s I h or disposal within the corporate limits of the City. You are required to pay all fees, along th quired supporting information specified in section 5 of the agr ement, b1P5I5efore the 15th of each calendar month for the immediately predinn calendar month. In an effort to seek complia th greement and to ensure conformity of the required supporting inform'tbkeCified in section 5 of the agreement to be provided with your parent the CflgVhas prepared a Required Supporting Information Form to b plet and remitted with each monthly payment of fees. The complet r e reviewed each month, and if necessary, the City will reques rthe u ntation or conduct an audit as allowed in section 5 of the agre nt. If you have any lions pertaining to the completion of the form, you may contact me or John Ison, Operations Management Accounting Coordinator, inelson(a�ci fayetteville.ar.us. Thank you for your cooperation. Vicki Deaton, CISA City of Fayetteville Internal Auditor vdeaton a()ci fayetteville.ar.us 113 WEST MOUNTAIN 72701 479-521-7700 FAX 479-575-8257 Rev. 07106 0 U O V a o m � v m LL 0 m m m Ci o ; c V c K O c 2 c e m d J m O O m ° m n 2 m 3 G O - O ' d ' m : o F F' a u O ° x O m m ' 0 0 e E m e E O E q a C W N M O N t0 01 0] O t7 V N a N O C w T - E q N C w J 0 O �j o a u g r t d o m x m a ca O o m a q ° E Y E E O V 0 d �. 047 O C 0 0 0 0 C O. C r 0 m m On 0 O a S '5 E O E E 0 fl C V N C C L -J JT C C J j C 0 3 E�^0um v�° 0 T m m L wo O E - c C L x g° m a lj J Y J m u a 0 O 9 E' c m m LL c.00 LL - Ec m.>w.. w�. '? ua mt w E O E 0 CL0 0wC0a C>� Ol0 mmOEEo m4a, m <+S i` Er 1 v =mc m oc T 00O3Ea 0 S O E n V V ...L 0 t C warn Or o 00 c w E u= u 0 — m V 3 m d 0 n a o z v m -` E O w OI V O m 0 o O.i O'-pO OE w0y TL 0)00. CC) w 0 g" 00 0LL- O m w w T T > ov6 ommmoa o'er° 0 v m C m m '� d m c n Q o d Q m o y, 0-0 0 m {Q a s v ... L n d m U A c m c c o9 -L c o V0 .'v a 5 no no ES d t N 0 0 a E E a o c d o E c E S 00 9 3 O m 0 m 2 20 u a OI 0° y Co Co -- t C m 0 0 L p 0 0 m d Q % i `-=i 5 S c n E `o n mE m' .,m� Oni� u m�oeO 0� O. w m 0 . mw 0 m '�- L a x L a 0 o J m m w.. 'rn .. '... 'c ° c E E u Z •0 o y v y n U a r 0 E o 01 0 V m J m'ry m E o o> E J 0 d 0 o = 5 c 0 m m s $ c= am b O• a o f c m J 0 ° m s 0 0 8 a° m u. m£ u m c. F `o v m m r t e9 nE 0 m V d N b N oav N VIOLATION NOTICE January 9, 2007 Tom Smith Roll -Off Service Inc PO Box 1700 Lowell AR 72745 Dear Mr. Smith: This letter is a reminder that your payment is past due. The last payment received was $2,256.60 on August luut have not received franchise fee payments for the mo s of October 2006, November 2006, or December 2006. P til month. Please remit your payment promptly. Roll -Off Service, Inc. is in breach of its contr with th ity of Fayetteville for not remitting appropriate fees. This letter is your Final Notice To e su h breach. As per the contract paragraph 17, e /15ys to remit the total due including all late payment fees due the City. Failure to remit the total ue w' esult in the termination of this contract on January 31, 2006. Effective February , 200 he will use any right or remedy to which it may be entitled by law to enforce th ns of the contract and collect any amounts owed the City. Sincerely, . Gary Dumas Director of Operations 113 West Mountain Fayetteville, Arkansas 72701 Office phone - 479-575-8330 Fax - 479-575-8257 e-mail - gdumas rZi ci.fayctLevillc.ar.us J AGREEMENT TO HAUL AND DISPOSE OF SOLID WASTE IN THE CITY OF FAYETTEVILLE This Agreement (the "Agreement"), is entered into on this ____day of , 2007, between the. City of Fayetteville, Arkansas, a municipal corporation (the "City"), and (the "Hauler"), and shall be in full force and effect on the date first written above. City and Hauler agree as follows: Hauler agrees that from and after the original date of this Agreement, all ustomer service Agreements for facilities within the corporate limits of the City en red into before or after the effective date of this Agreement, or renewed shall have nns of no more than two (2) years and any subsequent extensions shall be for terms f no more than one (1) VPnv 2. T e term of this Agreement shall be for three (3) y , unless othe se to oared p ant to the terms hereof. 3. Hanle agrees and understands that it may only c lect find haul Solid Waste sing the type equ ment commonly referred to as open -to roll -off style containers with capacities of twenty 0) cubic yards or greater, or 11 -off style compactor containers with capacities o wenty (20) cubic yards or eater, containing waste generated from industrial, large ommercial or constructio demolition activities, or which is classified as Special Waste, azardous Waste, grea or any other type Solid Waste which requires special handling or isposal. Hauler sh I not collect any Class I or Class 4 material in other containers. No separated rec clables collected in any type container shall be hauled from any custo er within a corporate limits of the City of Fayetteville. The collection of scrap met , cardbo rd and other source -separated recyclables are not controlled or affected by t con ct. 4. Hauler agrees and understands at it may utilize the City's transfer station for all Class I waste collected pursuant to ' Agreement and shall deliver all Class 4 waste to a properly licensed landfill fa lity. auler shall pay all transfer station fees to the transfer station operator and all C ass 4 la dfill fees to the landfill operator, as they may be established and amended, om time t time. 5. Hauler shall'pay all fe due hereunder, long with the required supporting information, on or before the 151h of each calendar nth for the immediately preceding calendar month. Payments of ees received after the ue date shall be assessed a 2% penalty per month. If Hauler f ed to pay the fees wit forty-five (45) days of the due date, the City may revoke phis Agreement upon delivy of written notice to the Hauler. The supporting inforqiation shall be sufficient to demonstrate the accuracy of the fee calculation, and shall include the following information: (i) Hauler's worksheet calculating the f e remitted; (ii) a blind list of pa ents received from customers within the City; (iii) suTh list shall clearly indicate whether kach payment was from a permanent or temporary customer, and (iv) the fee shall be Pased upon all activity from each customer account within the City, and shall include th normal billing charges for all free or discounted services (excluding those for non-profit rganizations) including but not limited to delivery, pull charges, disposal charges, tr sportation charges, final pull charges, and return charges. The City shall have the right t' 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 9-. R 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 i or elected officials without the express written consent of the Hauler. 6. 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. 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. 8. 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. 9. 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. 10. 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. 11. 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 and the Tontitown Landfill 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. 12.. 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. 13. Neither this Agreement, nor any rights or obligations hereunder may be assigned or transferred to any third party or affiliate. 14. For the purpose of this contract, the Point of Contact of the City of Fayetteville shall be Gary Dumas or his successor. The Point of Contact for the Hauler shall be 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. 15. 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, oi' (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. 16. 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. (c) The types of coverage and limits of liability of all insurance required herein shall be as follows: COVERAGE LIMITS OF LIABILITY Workmen's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability except Automobile $1,000,000 each occurrence Property Damage Liability Except Automobile $1,000,000 each aggregate "I Automobile Bodily Injury $1,000,000 each pperson Comprehensive General Liability $1,000,000 occurrence each Automobile Property Damage Liability $1,000,000 occurrence each Excess Umbrella Liability• $1,000,000 each occurrence 17. Termination: (a) 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 (1�) 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. (b) 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. (c) 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. 18. 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 Dan Coody, Mayor 113 West Mountain Street Fayetteville, AR 72701 Attn: 19. Hauler agrees and understands that this Agreement and documents submitted to the 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. 20. 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. 21. 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: 22. 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. . 23. 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. 24. 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. 25. 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. 26. 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. 27. This Agreement, referred to as the "Main Agreement," is hereby modified to the extent that should any of the following provisions, referred to as the "Addendum," be found to be in conflict with those contained in the Main Agreement, the requirements of the Addendum shall be deemed controlling. ADDENDUM WHEREAS, Roll Off Service, Inc. ("Roll Off") is a solid waste disposal company which operates within the city of Fayetteville, Arkansas ("City"). WHEREAS, Roll Off operations are conducted. pursuant to the above Agreement to Haul and Dispose of Solid Waste in the City of Fayetteville ("Contract"). WHEREAS, certain differences have arisen between Roll Off and the City concerning late payment, by Roll Off, of contractually -required fees, resulting in the possibility of Roll Off losing the privilege to operate within the City. WHEREAS, the parties herein desire to reach an agreement by which Roll Off can continue operating within the City pursuant to the terms of the Main Agreement. NOW THEREFORE, in consideration of the mutual promises and conditions set forth herein, the parties hereto agree as follows: 1. Probationary Term: This Addendum is intended to provide a probationary term of one (1) year, during which Roll Off agrees to comply with certain provisions as stated below. 2. Fee Payments: Roll Off agrees to make all required fee payments in accordance with the requirements of the Main Agreement, i.e. all payments must be made on or before the 15t° day of each calendar month for the immediately preceding calendar month. 3. Late Payments: During the probationary term, Roll Off 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 4. Termination: The Main Agreement will be terminated upon the third (3rd) occurrence of a late payment within the probationary term. 5. Main Agreement Reinstatement: In the event Roll Off complies with the terms of the agreement herein during the probationary term, its probationary status will be removed and the payment terms contained in the Main Agreement will once again apply. 6. Merger Clause: This Addendum, together with the Main Agreement, when executed by both the City and Roll Off, shall contain the entire understanding and agreement between the parties with respect to all matters referred to herein and shall supersede all prior or contemporaneous agreements, representations, discussions and understandings, oral or written, with respect to such matters. All the terms of the Main Agreement not specifically addressed herein shall remain in full force and effect and this Addendum is not intended to replace said terms. IN WITNESS WHEREOF, we have hereunto set our hands on the date first written above. CITY OF FAYETTEVILLE ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer ROLL OFF SERVICE, INC. WITNESS: By: By: TOM SMITH, ri le. ARKANSAS To: Mayor Dan Coody and City Council From: Gary Dumas, Director of Operation® Date: April 26, 2007 Subject: Roll Off Service. Inc. The City Council at their meeting of April 17 tabled action concerning the granting of a renewal agreement with Roll Off Services, Inc. to haul and dispose of solid waste within the City of Fayetteville. Follow the Council meeting, discussions were held with the City Attorney who suggested a very short-term agreement, if the staff could find some manner to verify that substantial improvements had been made by Roll Off Services, Inc. since the last audit and if there were internal controls in place with Roll Off Services, Inc. to assure compliance, in order for Roll Off Services, Inc. to rebuild the confidence of the City Council,. Subsequently, discussions were held with Roll Off Services, Inc. Roll Off Services, Inc. indicated that new systems were in place to monitor and report by address where containers were placed, billing and collections by address, and other operational information. As a result of that discussion, staff requested and Roll Off Services, Inc. agreed to an audit to be conducted reviewing records from April 2006 to April 2007. The results of that audit are attached. In summary, no discrepancies were found. The only recommendation was to report monthly remittances to the City with required information and within the timeframe required by the agreement. Based upon earlier planning with the City Attorney, staff discussed with Roll Off Services, Inc., a short-term agreement, 3 -months, containing the earlier late payment penalties of 25 to 50%. This discussion included the mutual understanding that if Roll Off Services, Inc. performed according to the agreement during this 90 -days that a subsequent, perhaps 6 -month, agreement would be recommended, followed by a longer term agreement. With these conditions, the staff recommendations the approval of the resolution approving this 3 - month agreement with Roll Off Services, Inc. J W ie ARKANSAS To: Mayor Dan Goody and City Council Through: Gary Dumas, Director of Operations From: John Nelson, Operations Management Accounting Coordinator Date: April 25, 2007 Subject: Roll Off Service, Inc. Audit, April 25, 2007 Audit Objective The objective of the audit is to determine if Roll Off Service, Inc. is in compliance with the Agreement To Haul And Dispose Of Solid Waste In The City Of Fayetteville joint agreement. Background Roll Off Service, Inc. entered into this agreement in March 2004. The term of this agreement is three years. A renewal application was submitted to the City of Fayetteville in February 2007 from Roll Off Service, Inc. to continue servicing open -top roll -off style containers with capacities of twenty (20) cubic yards or greater. The application is currently awaiting a decision from the Fayetteville City Council. A December 2004 audit of Roll Off Service, Inc. revealed inadequate reporting methods and understated gross revenues reported. A meeting between John Nelson, City of Fayetteville, and Roll Off Service, Inc. president Tom Smith and general manager Bob Mager occurred on April 25, 2007. Previous problems were discussed along with corrective action taken. Since the 2004 audit occurred new software is being utilized by Roll Off Service, Inc. The scope of the current audit was for the period from April 2006 and April 2007, encompassing a full year of transaction data. Compliance Testing Blind List of Fayetteville Customers Section 5 of the Agreement requires a blind list of payments received from customers within the City of Fayetteville. The December 2004 audit revealed this list did not exist. Results A 35 -page historical listing of Fayetteville customers was given to the auditor for perusal. The filtered listing was generated by tax group, i.e. consumers to which a taxable service was provided at the point of collection (within the city limits of Fayetteville, Arkansas). State of Arkansas sales and use tax regulations require tax be collected and remitted by the seller from the collection and disposal of solid waste. The auditor sampled container placements from the review period and verified them against an inventory provided by the Solid Waste & Recycling Division. Hauler's Worksheet Calculating Remitted Fees Section 5 of the Agreement requires a worksheet calculating the fees remitted. Results The auditor randomly chose accounts from monthly worksheets submitted by Roll Off Service, Inc. for review. Mr. Smith was able to promptly retrieve service location, activity, and billing information. Each selection was quickly verified and corresponded to the appropriate reporting worksheet. Section 9 of the Agreement requires a ten (10%) percent fee of the gross revenue received. Uncollected revenue from a specific customer during the reporting month is not included in fees paid to the City until that revenue has been collected. Section 5 of the Agreement requires the worksheet to clearly indicate whether each payment is from a permanent or temporary customer. A recommendation was made to Tom Smith to include this information on the monthly report. This would satisfy the requirements of the Agreement. Recommendations Payment of all fees is due to the City of Fayetteville, along with the required supporting information, on or before the 15th of each calendar month for the immediately preceding calendar month. Payment frequency by Roll Off Service, Inc. has been inconsistent in the past. A recommendation was made to Tom Smith and Bob Mager to correct this as soon as possible. Roll Off Service, Inc. should complete and remit the Required Supporting Information For Monthly Payment Of Fees form provided by the City of Fayetteville as supporting information for each monthly payment of fees. Findings A random review of financial documentation and records relevant to revenue collected from customers was corroborated by the auditor for the selected time period. No evidence of understating revenue for the review period was found. A sample of container placements was compared to an inventory provided by the Solid Waste & Recycling Division and no discrepancies were noted among the samples. RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO CONTRACT WITH ROLL OFF SERVICE, INC. TO DISPOSE OF SOLID WASTE WITHIN THE CIS FAYETTEVILLE.� BE TT RESOLVED BY THE FAYETTEVILLE, ARKANSAS: ' THE CITY OF Section 1. T.ha the Ctit2 CouncIll o th City rof Fayettevill '"Arkansas hereby authorizes e Mayo t9 execu�'tract wi .Roll Off Service, Inc. to haul and di se of so id ate wit nrthe cii It,g f�?ayetteville. A copy of r"s "a s+� �, �Y tt tract air ted ExYfi, it' A" is atta�hed he�eit ndmade a part hereof. this 1st day of May, 2007. ATTEST: tzy: COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer A. 6 Roll Off Service, Inc ._......._.____. ._-_..........__....._.............:_.. .... C' ,.;, ...._ ...... 12o 'J W b4 J _ 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 wa's informed that an audit would be performed according to the terms of the contract. The Hauler Accounts Receivable Cleric 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 ........ ..... .... -. ...... .. .-.. .... ... -.:. ..:..::.: .('. ...tea\:... L.... ..a... Roll Off Service, Inc. Page 13 of 3u r. 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 g' 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. EThe CittyaJso_expects tli s type of audit could bedisrupfive to the Haule`r's_ on_gjngj Leff s,to-conduct-business rMerefore`in the inerest of not w`antin to appear ry g pP punitive, E �Y �g ply ttlie audit result for Sep mbe`r`l •tbrougb' 16, the period the A' .the Cit rs willing to y was able to audit; to the other monnfl9 of the co_ntract_penod,,wliet' of a fu ll 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. - i I [(51712007) Lisa Branson - Res 83-07 Page 1 From: Lisa Branson To: Nelson, John Date: 5/7/2007 10:56 AM Subject: Res 83-07 Attachments: 83-07 Roll Off Service.pdf CC: Audit John, Attached is a copy of the above resolution passed by City Council May 1, 2007. I will send via inter office mail one of the two original signed agreements. If anything else is needed just let me know. Have a great day! Lisa Lisa Branson City of Fayetteville City Clerk's Division 113 W Mountain Fayetteville, AR 72701 (479) 575-8323 lbranson@ci.fayetteville.ar.us ;4CORQN CERTIFICATE OF LIABILITY INSURANCE I o /03/2 8 PRODUCER (501)224-8884 FAX S01-325-2620 Hoffman -Henry Insurance Corporation 10025 West Markham, Suite 120 P 0 Box 24920 Little Rock, AR 72221-4920 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Roll Of f Service Inc Red Line Contactors, LLC 848 Hwy 264 East Springdale, AR 72764 INSURER A: Guarantee Insurance Company 11398 INSURER B: INSURER C. INSURERD: INSURER E: C(1VFRArFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DDt TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY - EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE OCCUR MED EXP (My one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER'. PRODUCTS- COMP/OP AGO S PRO- POLICYLOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE UNIT (Ea accidenq $ BODILY INJURY (Per person) $ ALL OVMED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -O MEDAUTOS PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EAACC E ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION E WORKERSCOMPENSATIONAND GWGC100002497-107 03/15/2007 03/15/2008 X WCSTATU- 0TH- A EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,00 OFFICERIMEM13ER EXCLUD®7 E.L. DISEASE - EA EMPLOYE E 1, 000, 00 If yes describe under SPECIAL PROVISIONS below, E.L. DISEASE -POLICY LIMIT $ 1 ODD , DD OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS overage listed above applies to all Arkansas & Missouri locations for the insured. rrDTIFIrATF wnt nap CANCFI I ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Fayetteville 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Gary Dumas BUT FAILURE TO MAIL SUCH NOTICE SWILL IMPOSE NO OBLIGATION OR LIABILITY 113 West Mountain OF ANY KIND UPON THE INSURER, NS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Fayetteville, AR 72701 Donna Fletcher, CIC CISR/DI ACORD 25 (2001108) ©ACORD CORPORATION 1988 I-. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 'ACORD,. CERTIFICATE Da OF LIABILITY INSURANCE ROLLO-1 12/14/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rebsamen Insurance, Inc. (Fay) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1465 E. Joyce Blvd, Suite 205 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fayetteville AR 72703 .Phone:479-684-5250 -Fax:479-684-5252^ xyr?I ))ygURER3 AFFORDING COVERAGE - NAIC# INSURED Il +' INSURERA: Redland Ins. Co' - .43095 ... Roll Off. Service. Inc. 'P'.O.-:.Box .1700 - Lowell AR 72745-1400 `'.. c .t • F] �� ;:> - -V JU'G'rl r .. INSURER B: American Intl Special•ty : INS.URER'C:. .. __ ....... - ..:. .. :INSURER o: INSURER E: - - ... I,VVCKAOCD THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE MM/DDI/YY DATE MMIDDTYY LIMITS B GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY X CLAIMS MADE ❑ OCCUR B1kt Addl Ins/WOS EG1983607 08/01/07 08/01/08 EACH OCCURRENCE $1,000,000 X PREMiSE3 occurence $100,000 MED EXP (My one parson) s5,000 X PERSONAL&ADVINJURY I1,000,000 X CONTRACTUAL LIAR GENERAL AGGREGATE i2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER Jf I LOC PRODUCTS-COMPIOPAGG $2,000,000 1POLICYI Ded Per 25,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-0WNED AUTOS B1kt . Add1. Insured RICAR0001120 - 08/01/07 - 08/01/08 COMBINED, INGLE OMIT $ 11 000 , 000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per aca0enU,_ X X PROPERTY DALt eE - (Perecdaent) - - $ Blkt`Waiver Subro GARAGELIABIUTY ANYAUTO . - AUTO ONLY -EA ACCIDENT- $ - - EAACC AUT NLY. AUTO OONLY: AGG $• - " $ EXCESSNMBRELLA-WABILRY OCCUR CLAIMS MADE .. - DEDUCTIBLE RETENTION $ .. .- - "- - - -$ EACH OCCURRENCE $ AGGREGATE S $ f WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/P/D%ECUTNE OFFICERIMEMBER EXCLUDED? Nyes descri0e SPECIAL PROVISIOiSIONS below eACCIDEW I HAS LOYEE $ LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED BUT ONLY AS REQUIRED BY WRITTEN CONTRACT. THIS CERTIFICATE REPLACES CERTIFICATE DATED 12/4/07 UCK I IPILA I t MULUtK CANCELLATION CIOFFA1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRFREN City of Fayetteville NOTICE TO THE CERTIFICATE HOLDER NAMED TOWE LEFT, BUT FAILURE TO DO SO SHALL Attn: Gary Dumas IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 113 West Mountain Fayettevile AR 72701 REPRESENTATIVES. ACORD 25 (2001/08) m ACORD CORPORATION 1988 wy 33 i00 en-fl- IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/05) J /J? Iv l S' 'b? ACORQM CERTIFICATE OF LIABILITY INSURANCE DATE /14/z 8) PRODUCER (501)224-8884 FAX 501-325-2620 Hoffman -Henry Insurance Corporation 10025 West Markham, Suite 120 P 0 Box 24920 Little Rock, AR 72221-4920 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Roll Off Service Inc Red Line Contactors,LLC 848 Hwy 264 East Springdale, AR 72764 INSURER A: North America Casualty Group INSURERB: INSURER C: INSURERD: INSURER E: rnvr nnrS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DD' TYPE OF INSURANCE POUCYNUMBER POLICY EFFECTIVE POUCYEXPIRATION UNITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL UABIUTY DAMAGE TO RENTED $ CLAIMS MADE ❑ OCCUR MED EXP (Any ane peson) $ [INI�R __� - -- --- - '��-- - --- [ - - PERSO'WILAADVIWURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER:PRODUCTS -COMP/OPAGG $ PtoucvILOc AUTOMOBILE UABILITY ANY AUTO COMBINED SINGLE OMIT (Ea acident) $ BODILY INJURY (Pal person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per acciden) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHERTHAN EAACC $ ANYAUTO $ AUTO ONLY: AGG EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION $ WORKERSCOMPENSAT10N AND 554843-1 03/15/2008 03/15/2009 X WCSTATU I E.L EACH ACCIDENT $ 1,000,000 EMPLOYERSLIABILITY A ANY PROPRIETOIVPARTNER/EXECUTWE OFFICEWMEMBER EXCLUDED? EL DISEASE -EA EMPLOYEE $ 1,000,000 � 9F'qECIALcrMunder PROVISIONSOdOw�'-'C-'�'�'----- - - - -- •sty-"- -— -E-.L-DISEASE=POLICY-'LIMIT'S1T000 000 - - OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS wwwr��w a -r tin, nm rAMrrI I ATNTM 'el -I' I r I¼sfl lL Va.-l' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Fayetteville Attn: Gary Dumas BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 113 West Mountain OF ANY KINDUP THEINSU ER, ITS AGENTS OR REPRESENTATIVES. Fayetteville, AR 72701 AUTHORIZED RE YE Sarah if ACORD 25 (2001108) ©ACORD CORPORATION 1955 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER . ra-..ai` p ...,v` _ .. +fir\ The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001(08)