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154-10 RESOLUTION
RESOLUTION NO. 154-10 A RESOLUTION TO APPROVE THE GRANTING OF A PEDICAB CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO THE FAYETTEVILLE PEDICAB COMPANY WHEREAS, the City Council has reviewed the application for a Pedicab Certificate of Public Convenience and Necessity submitted by the Fayetteville Pedicab Company which has been determined proper and adequate by the Fayetteville Police Department; and WHEREAS, City Clerk Sondra Smith has set the public hearing to consider the granting of a Pedicab Certificate of Public Convenience and Necessity for the Fayetteville Pedicab Company for this date and time at the City Council Chambers; and WHEREAS, the Fayetteville Pedicab Company has notified and provided the City Council with sufficient proof of its notification of all holders of current and valid Certificates of Public Convenience for taxicabs and pedicabs; and WHEREAS, the Fayetteville Pedicab Company has fully complied with all requirements of §117.101 and the City Council has determined that pedicab service is required by the public convenience and necessity and that the Fayetteville Pedicab Company is fit, willing and able to perform such pedicab service and to conform with all ordinance requirements. NOW, THEREFORE 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 determines that the Fayetteville Pedicab Company should be awarded a Pedicab Certificate of Public Convenience and Necessity and authorizes the City Clerk to issue such Certificate. Further, the City Council determines that the Fayetteville Pedicab Company shall be authorized to operate within the Pedicab Permitted Zone of Operation of the City as shown on the map attached to the Pedicab Ordinance. Further the City Council authorizes the Fayetteville Pedicab Company to operate no more than eight pedicabs daily during the hours of 8:00 a.m. until 3:00 a.m. for a passenger rate of $1.00 plus any tips any passenger may decide to offer. Further, the Fayetteville Pedicab Company may be authorized to operate on other scheduled or special event routes at fares authorized by the Fayetteville Transportation Services Director pursuant to § 117.102cB?. �Qo� E9 !PI!lt�Pil�1 ���°�I�R e ' S Parr svOlY e. :FAYETTEVILLE: s 'r�k4 NSPS���� difel4CJ /14441 PASSED and APPROVED this 17th day of August, 2010. APPROVED: ATTEST: SONDRA E. SMITH, City Clerk/Treasurer Sondra Smith Submitted By City of Fayetteville Staff Review Fonn City Council Agenda Items and Contracts, Leases or Agreements 8/17/2010 City Council Meeting Date Agenda Items Only City Clerk Division Acton Required: City Clerk Department A public hearing to determine if a Certificate of Public Convenience and Necessity should be issued to Fayetteville Pedicab Company. N/A Cost of this request N/A Account Number N/A Project Number Budgeted Item N/A N/A Category / Project Budget N/A N/A Program Category / Project Name WA Funds Used to Date Program /Project Category Name N/A N/A Remaining Balance Fund Name Budget Adjustment Attached IEEE Finance and Internal Services Director Date g--11976 Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number Received in Cit g -1 1-1 0 Al 1:37 R C V' Clerk's Office Comments: Revised January 15, 2009 Ta7ilyeeville City Council Agenda Memo Office of the City Clerk Treasurer Sondra E. Smith, City Clerk Treasurer Lisa Branson, Deputy City Clerk Amber Wood, Deputy City Clerk Phone: (479) 575-8323 Fax: (479) 718-7695 city clerki'a?ci.favetteville.ar.us To: Mayor Lioneld Jordan Members of the City Council From: Sondra Smith (i)j2— Date: August 11, 2010 Subject: A public hearing on a Certificate of Public Convenience and Necessity for Fayetteville Pedicab Company Recommendation: A pubic hearing to determine if a Certificate of Public Convenience and Nesessity should be issued to Fayetteville Pedicab Company. The public hearing has been placed on the August 17, 2010 City Council Agenda. Background: The City Council is proposing an ordinance that will govern Pedicab companies in Fayetteville. Should the ordinance be approved a Public Hearing will need to be conducted to consider approving this Pedicab company. Discussion: Attached is a copy of an application for a Certificate of Public Convenience and Necessity for Fayetteville Pedicab Company. If the City Council approves the application and the requirements in the ordinance are fulfilled a Certificate of Public Convenience and Necessity will be issued. Currently there are no Pedicab companies, within the City of Fayetteville, that hold a Certificate of Public Convenience and Necessity. Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 113 West Mountain — Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION TO APPROVE THE GRANTING OF A PEDICAB CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO THE FAYETTEVILLE PEDICAB COMPANY WHEREAS, the City Council has reviewed the application for a Pedicab Certificate of Public Convenience and Necessity submitted by the Fayetteville Pedicab Company which has been determined proper and adequate by the Fayetteville Police Department; and WHEREAS, City Clerk Sondra Smith has set the public hearing to consider the granting of a Pedicab Certificate of Public Convenience and Necessity for the Fayetteville Pedicab Company for this date and time at the City Council Chambers; and WHEREAS, the Fayetteville Pedicab Company has notified and provided the City Council with sufficient proof of its notification of all holders of current and valid Certificates of Public Convenience for taxicabs and pedicabs; and WHEREAS, the Fayetteville Pedicab Company has fully complied with all requirements of *117.101 and the City Council has determined that pedicab service is required by the public convenience and necessity and that the Fayetteville Pedicab Company is fit, willing and able to perform such pedicab service and to conform with all ordinance requirements. NOW, THEREFORE 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 determines that the Fayetteville Pedicab Company should be awarded a Pedicab Certificate of Public Convenience and Necessity and authorizes the City Clerk to issue such Certificate. Further, the City Council determines that the Fayetteville Pedicab Company shall be authorized to operate within the Central Zone (and Western Zone) of the City as shown on the map attached to the Pedicab Ordinance. Further the City Council authorizes the Fayetteville Pedicab Company to operate no more than eight pedicabs daily during the hours of 8:00 a.m. until 3:00 a.m. for a passenger rate of $1.00 plus any tips any passenger may decide to offer. Further, the Fayetteville Pedicab Company may be authorized to operate on other scheduled or special event routes at fares authorized by the Fayetteville Transportation Services Director pursuant to § 117.102(B). PASSED and APPROVED this 17th day of August, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer • Certificate of Public Convenience & Necessity Application/Renewal A* nqulr d 10 comply with Chapter 117 of the R1;0014110 Cod. of Ordloonoas '.IMS % el R. e C {cy..-t . 136:3 Applicant Name Addroiri to 4ePQJ'Cb Name at Mess � 1 .64 14 5'- 3/s Phone Number Mik4-ick •L, t. 19\ ktr15 Business Location Type of Business (Sole P rr Corporation; LLC) ('-r7q) . 15---- 3/5-8 Phone Number Name and address of all owners, officers and stockholders: a vr� col --01-1, 303 S` 6,5 `: Z) W2 1 if (Ma (7r IptK,: Name of person to whom complaints should be directed: C`Y • R0 cVX{V 1. C pinandal states of applicant (Attach f modal statement or profit and lose statement) •, See.Qbtfiteel (woke ,Por. , tk4?sr gOfpaid i +v eta 6oS ie554 Ust any unpaid judgments against any of the ownsrs, officers and stockholders and the nature or acts giving rise to said judgments: NSA Oeecdbs the experience of all owners, officers and stockholders In the transportation of passengers: Give any facts you believe tend to prove the necessity of grunting a aeMcats: ,see r C l`E eci i t�' -- 4; a r. TCCINW it/kW/04- Ust the number of vehicles that will be under your operation or control: Minimum and Maximum number of vehicles to be permitted; List the location of proposed depots and terminals: ST?' o, L Minimum Maximum kiq UC✓\¢ Describe the color scheme or insignia to be used to designate your vehicle: 6 F ke.. bULke . OrkVia► a � � . ; ,� : tel744-A-zVe:- {'x'15 "7 List your days and hours of operation: [` K MOrL . �- ,, } ; �'1 ) iJ GSL e { Y� '�` lr+[ > vvt ; List any days you do not propose to provide taxicab service to the general public: List your proposed passenger rate schedule: 4 •0,14 AlitA- 411/4,1104Fepattnent Representative 7—/0"/v Date Main Street Pedi-Cabs, Inc. 11811 Upham St. #9 Broomfield, CO 80020 303-295-3822 BILI To Todd Gilmour Dallas,TX 75070 972-548-0413 toddgolfl@brahoo.com Invoice Date Invoice # 6/1/2010 05-4668 Ship To 517 W. Martin Luther King Blvd. Fayetteville, AR 72701 P.O. Number Terms Rep Ship Via F.O.B. Project 6/1/2010 UPS Quantity Item Code Description Price Each Amount J 8 3 1 MS PaliCab, Classic Discount shipping/handling Classic model pcdicab. 355' seat width. Classic includes under -seat storage, seatbelt and complete lighting system (head light, front and rear running lights, brake light and turn signals).Red Cab, Red Frame. MSP #E609, E610, E611, E6I3, E614, E616, E620, and E622. Out-of-state sale, exempt from sales tax 3,400.00 -200.00 1,325.00 0.00% 27,200.00T- -600.00T 1,325.00 0.00 Total 527,925.00 PaymentslCredlts 5.27,925.00 Balance Due 50.00 Description of experience of all owners, officers and stockholders in the transportation of passengers. To whom it may concern. I have no experience in the transportation business. Driving a pedicab involves taking people for a bike ride at slow speeds. This is a bicycle based business. I have.35 years experience with bicycles. I have been on a bicycle in Fayetteville for over 20 years. I understand the dangers of the road from a cyclist perspective. This is critical to providing a fun and safe experience. My employee training is based on 35 years iri the world of cycling. I can run a safe operation with high quality operators. Best Reagrds, Jason R. Sexton Fayettevile Pedicab Co. Fayetteville Farmers' Market PO Box 3076 Fayetteville, AR 72702 July 13, 2010 To Whom It May Concern, As manager of the Fayetteville Farmers' Market, 1 am very pleased to welcome the Fayetteville Pedicab Company to downtown Fayetteville. After experiencing a pedicab ride in downtown Louisville, KY, it was obvious what a wonderful addition these would make to downtown Fayetteville for residents and visitors alike. in my presentations to the Farmers' Market board, I have been including pedicabs on a wish list for the future, with the integration of a pedicab stand and parcel pickup in my vision of a more customer friendly market layout. it has been my dream that someday pedicabs would be available to help customers loaded down with market produce or to help the elderly with a shuttle service. Imagine my delight to actually see a pedicab pull up to the market! The environmentally friendly nature of the business and the opportunity for job creation makes this such a positive addition to the Fayetteville community. Tourists will be enthralled with the concept and € would expect to see the pedicabs become a selling point as one of the reasons Fayetteville is such a great place to live and to visit. 1 offer my full support to the Fayetteville Pedicab Company. Sincerely, Peggy Maringer Market Manager, Fayetteville Farmers' Market 479-236-2910 fayettevillefm@gmail.com INSURANCE SUMMARY Razorbikes Transportation LLC Proposal Date- July 13`'', 2010 Company Maxum indemnity Company Effective: 07/15/10 Location: 517 Martin Luther King Blvd Fayetteville, AR 72701 General Liability Coverage: L mita General Aggregate Limit (other than products -completed operations) $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $3,000,000 Each Occurrence Limit $9,000,000 Damage to Premises Rented to You Limit $100,000 Medical Expense Limit $3,000 $25,000 Assault & Battery Deductible: Terms/Conditions: Policy Term: 12 Months Policy Form: Occurrence Rated to operate up to 8 Pedicabs rivers $1,000 BI/PD Leased to qualified, trained professional operators A valid US drivers license is required or a valid license accompanied by a city license is acceptable Pedicab Schedule Main Street Pedicab Serial #'s: MSPE609, MSPE610, MSPE611, MSPE613, MSPE614, MSPE616, MSPE620, MSPE622 Nie/sen Insurance Agency t 6.0,468,5647 flIVIC niayency com ?2587 SLY 68TH AVE Trgard OR 97223 iAPPM‘ INSURANCE SUMMARY Razorbikes Transportation LLC Proposal Date_ July, 13 2010 PREMIUM INDICATION Coverage _ Premium General Liability 1$$ ` 3,600.0© Taxes � 195.18 Fees $ 375A0 r Total Premium $ 4,170.18 The information contained in this proposal is for illustrative purposes only and is not an insurance contract. This proposal was prepared with information you provided. Premium is subject to modification pending underwriter review. Rates proposed are valid for 30 days. Accepted by: Presented by: Nielsen Insurance Agency Dan Robinson, Agent 12587 SW 68th Ave Tigard, OR 97223 For servicing issues, please call or contact Taira Stronach airs@niagency.com - Katie Stewart katie@niegepcy.cop Date: (503) 684-6598 - Office (503) 244-6881- Fax (503) 484-7757 - Cell dan@niagency.com - Email Licensed Commercial Service Rep. Licensed Commercial Service Rep., Accounting Nielsen Insurance Agency 4 800,468.56 7WWW,11iagencycam 12587 SW 68THAVE Tigard OR g7223 To All to Whom These Presents Shall Come, Greetings: 1, Charlie Daniels, Secretary of State of Arkansas, do hereby certify that the following and hereto attached instrument of writing is a true and perfect copy of In Testimony Whereof,1 have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 12th day of May 2010. Arkansas Secretary of State - Document No.: 13264720002 - Date Filed: 05-12-2010 04:29 PM - Total Pages: 2 The undersigned authorized manager or member or person forming this Limited Liability Company under the Small Business Entity Tax Pass Through Act, Act 1003 of 1993, adopts the following Articles of Organization of such Limited Liability Company: First: The Name of the Limited Liability Company is: FAYETTEVILLE PEDICAB L.L.C. Must contain the words "Limited Liability Company," "Limited Company," or the abbreviation "L.L.C:; "L.C.," "LLC," or "LC." The word "Limited" may be abbreviated as 'Ltd.", and the "Company" may be abbreviated as "Co," Companies which perform Professional Service MUST additionally contain the words 'Professional Limited Liability Company," "Professional Limited Company," or the abbreviations "P.L.L.C.," "P L.C.," '"$LLC," or "PLC" and may not contain the name oldie person who is not a member except that of a deceased member. The word "Limited" may be abbreviated as "Ltd." and the word "Company" may be abbreviated as "Co." Second: Address of registered office of the Limited Liability Company which may be, but need not be, the place of business shall be: Street Address: 64 W. COLT SQUARE City: FAYETTEVILLE State: AR ziP: 72703 - Third: The name of the registered agent and the physical business address of said agent shall be: Name: JASON SEXTON Street Address: 64 W. COLT SQUARE Clty: FAYETTEVILLE State: AR ZIP: 72703 - Fourth: IF THE MANAGEMENT OF THIS COMPANY IS VESTED IN A MANAGER OR MANAGERS, A STATEMENT TO THAT EFFECT MUST BE INCLUDED IN THE SPACE PROVIDED OR BY ATTACHMENT: The Name of the person(,) authorized to execute this document: Name 1: JASON SEXTON Name 2: TODD GILMOUR Name 3: THIS FILING HAS A DELAYED EFFECTIVE DATE OF MAY 12TH, 2010.c$Ra Signature of authorized manager. member or person forming this Company: JASON SEXTON STATE OAlt!KANSAS Charlie Daniels SECRETARY OF STATE To All to Whom These Presents Shall Come, Greetings: 1, Charlie Daniels, Secretary of State of Arkansas, do hereby certify that the following and hereto attached instrument of writing is a true and perfect copy of Articles of Organization of RAZORBIRES TRANSPORTATION LLC filed in this office April 9, 2010 In Testimony Whereof, T have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 9th day of April 2010. Secretary of State Arkansas Secretary of State - Document No.: 12813840002 - Date Filed: 04-09-2010 07:25 AM • Total Pages: 2 The undersigned authorized manager or member or person forming this Limited Liability Company under the Small Business Entity Tax Pass Through Act, Act 1003 of 1993, adopts the following Articles of Organization of such Limited Liability Company: First: The Name of the Limited Liability Company is: RAZORBIKES TRANSPORTATION LLC Must contain the words "Limited Liability Company; "Limited Company," or the abbreviation "L.L.C.," "LC.," "LLC," or "LC." The word "Limited" may be abbreviated as "Ltd", and the "Company" may be abbreviated as "Co." Companies which perform Professional Service MUST additionally contain the words "professional Limited Liability Company," "Professional Limited Company," or the abbreviations "P.L.L_C.," "P.L.C.," "PLLC," or "PLC" and may not contain the name of tate parson who is not a member except that of a deceased member. The word "Limited" may be abbreviated as "Ltd" and the word "Company" may be abbreviated as "Co." Second: Address of registered office of the Limited Liability Company which may be, but need not be, the place of business shall be: Street Address: 8600 PALMER CT. city: MCKINNEY State: TX ZIP: 75070 - Third: The name of the registered agent and the physical business address of said agent shall be: Name: JASON SEXTON Street Address: 3424 REMINGTON ST. City: SPRINGDALE State: AR ZIP: 72764 - Fourth: IF THE MANAGEMENT OF THIS COMPANY IS VESTED IN A MANAGER OR MANAGERS, A STATEMENT TO THAT EFFECT MUST BE INCLUDED IN THE SPACE PROVIDED OR BY ATTACHMENT; The Name of the person(s) authorized to execute this document Name 1: JASON SEXTON Name 2: TODD GILMOUR Name 3: Signature of authorized manager, member or person forming this Company: JASON SEXTON 8 A !0 gig o o ti g� i 1 N -4 O afi N o o GG C 00 0o S N 4. O O 8 88 wa 49 g S�8 N N0 Lel 8 8 O 8 ot4. N 88 88 o o 0 44 49 88 49 44 S 88 M 49 88 44 4E9 S8 44 44 O S o e 144 49 8 S N 41 h0 O 0 0 H 4/ S M M 8 8 W 8 M M A t Y 4144 M 8 S O 888 ! S 44 44 40 gggl 888 4a S N N M H N N N, 8 O O 8I 0 0 0 I _O 44.44 44 10p t S 8 0 S pO 8 8 I_ O «.«w Iggg .� 88S• t 8 nN 0001, e6 D I e: M 41 411 41 888 Iiia 8 N 40 Y I 44 p pp p4 8 8 1, 41 49 49 N 888 ! 8 N .40 µ M SSS. 8 N h 41 : 44 O 888' 4/ 44 41' 00 888 u.� N M M N Opw�w 8 8 S I S kled TO: Dynasty Taxi NWA Taxi Down Under Taxi FROM: Todd Gilmour Fayetteville Pedicab Company DATE: August 17, 2010 RE: Public Hearing This is to inform you of a Public Hearing at the Fayetteville City Council meeting TONIGHT at 6 PM for the issuance of a Certificate of Public Convenience and Necessity to the Fayetteville Pedicab Company. (8118!2010) Sondra Smith - Fwd: Pedicab Quote Page 1 From: Fayetteville pedicab Company <ridefpcQyahoo.com> To: Sondra Smith <ssmith@ci.fayetteville.ar.us>, James Harter <jharter@ci.fa... Date: 8/17/2010 2:34 PM Subject: Fwd: Pedicab Quote Attachments: Fayetteville Pedicab Co..pdf PREMIUM INDICATION Coverage i Premium i General Liability $ 3,800.00) Taxes Imo$ 1 205.00 Fees $ 375.00 Total Premium $ 14,380.00 The information contained in this proposal is for illustrative purposes only and is not an insurance contract. This proposal was prepared with information you provided. Premium is subject to modification pending underwriter review. Rates proposed are valid for 30 days. Accepted by: Date: Presented by: Nielsen Insurance Agency (503) 6846598 - Office Dan Robinson, Agent (503) 244-6881- Fax 12587 SW 68th Ave (503) 484-7757 - Cell Tigard, OR 97223 dan@niagency.com - Email For servicing issues, please call or contact: Taira Stronach taira@niagency.com - Licensed Commercial Service Rep. Katie Stewart katie@niagencyr.com - Licensed Commercial Service Rep., Accounting Company: Maxum Indemnity Company Effective: TBD Location: 59.7 Martin Luther King Blvd Fayetteville, AR 72701 General Liability Coverage: General Aggregate Limit (other than products -completed operations) Products -Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Damage to Premises Rented to You Limit Medical Expense Limit Assault & Battery Deductible: Terms/Conditions: Policy Term: 12 Months Policy Form: Occurrence Rated to operate up to 8 Pedicabs Drivers Limits $2,000,000 $2,000,000 $1,000,000 $1,000,000 $100,000 $5,000 $25,000 $1,000 BI/PD Leased to qualified, trained professional operators A valid US drivers license is required or a valid license accompanied by a city license is acceptable Pedicab Schedule Main Street Pedicab Serial #'s: MSPE609, MSPE610, MSPE61l, MSPE69.3, MSPE614, MSPE616, MSPE620, MSPE622 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYYY) e/ia/2oio THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Nielsen Insurance Agency 12587 SW 68th Ave Tigard, OR 97223 CCJNIACI NAME: Taira Stronach A/C, N Ext (503)684-6598 No): (503) 244-6881 ADDRESS: taira@niagency. com PRODUCER CUSTOMER ID#: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Fayetteville Pedicab Company 8600 Palmer Ct. McKinney, TX 75070 901 606 6490 INSURER A: MaXum Indemnity Company INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICYNUMBER MMIDD/YYYY MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000, 000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 100 000 CLAIMS -MADE CI OCCUR MED EXP(Anyoneperson) $ 5,000 A BDG0046787 08/18/10 08/18/11 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 000, 000 PRO - X POLICY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANYAUTO BODILY INJURY (Per person) $ — ALLOWNED AUTOS— BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) NON -OWNED AUTOS UMBRELLA LIABEIJ OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION WC STATU- I 1OTH- AND EMPLOYERSLIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N !A E.L. DISEASE- EA EMPLOYEE $ (Mandatory in NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ A Assault & Battery BDG0046787 08/18/10 08/18/11 $25,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (AttachACORD 101, Additional Remarks Schedule, if morespace is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Insureds Record THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTH RIZED RE NTATIVE © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD25 (2009109) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYIY) 8/24/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Nielsen Insurance Agency 12587 SW 68th Ave Tigard, OR 97223 CITACT NAME: Taira Stronach PHONE C Ho 503 684-6598 (FAIICC, No): (503) 244-6881 ADDRESS taira@niagency.com PRODUCER CUSTOMER ID#: INSURERS) AFFORDING COVERAGE NAIC# INSURED Fayetteville Pedicab Company 8600 Palmer Ct. McKinney, TX 75070 901 606 6490 INSURER A: MaXum Indemnity Company INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 I$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IlL TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DDIYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ ] 000 000 —I X1 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100 000 CLAIMS -MADE OCCUR MED EXP(Anyoneperson) $ 5 000 A J X BDG0046787 08/18/10 08/18/11 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 2 , 000 ,000 X POLICY jECT LOC S AUTOMOBILE LIABILITY COMBINED SINGLE OMIT (Ea accidenq — ANYAUTO BODILY INJURY (Per person) $ — ALLOWNED AUTOS BODILY INJURY (Per accident) $ — SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ NON -OWNED AUTOS $ $ UMBRELLA UAD IIJOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N I WC STATU- I 10TH - TORY LIMITS I I ER ANY PROPRIETOWPARTNERIEXECUIIVE E.L. EACH ACCIDENT OFFICEWMEMeER EXCLUDED? ❑ (Mandatory in NH) N/A EL. DISEASE- EA EMPLOYEE $ If yes. descAbe under DESCRIPTION OF OPERATIONS below EL. DISEASE- POLICY OMIT S A Assault & Battery tk BDG0046787 08/18/10 08/18/11 $25,000 DESCRIPTION OF OPERATIONS !LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional RemarksSchedule,if morespace is required) Certificate holder is named as Additional Insured. C..Grc I it Ird I C ntJLUCrc I..AN1 I L-LF5 I IVIV City of Fayetteville Attn: Sandra Smith 113 W Mountain Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CORPORATION_All rights rnservPr( ACORD25 (2009/09) The ACORD name and logo are registered marks of ACORD /c= 41, I / G/ ,Q.. *AmREI CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YWY) 8/24/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Nielsen Insurance Agency 12587 SW 68th Ave Tigard, OR 97223 CONTACT NAME: Taira Stronach (A /CC, AX No 503 684-6598 (Ac, No): (503) 244-6881 ADDRESS: taira@niagency. com CUSTOMER RDID #: INSURER(S} AFFORDING COVERAGE NAIC# INSURED Fayetteville Pedicab Company 8600 Palmer Ct. McKinney, TX 75070 901 606 6490 INSURER A: Maxum Indemnity Company INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lESR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POUCY MMIDDJ EFF MM/DPOLICY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100 000 CLAIMS -MADE CI OCCUR MED EXP (Any oneperson) $ 5 000 A X BDG0046787 08/18/10 08/18/11 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 000 ,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2 , 000 , 000 X POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ — ANYAUTO BODILY INJURY (Per person) S — ALLOWNED AUTOS BODILY INJURY (Per accident) $ — SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) NON -OWNED AUTOS $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ RKERS COMPENSATION AND EMPLOYERS LIABILITY YIN F TORY LIMITS 10TH - PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ ICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) N lA EL DISEASE- EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE- POLICY LIMIT $ A Assault & Battery BDG0046787 08/18/10 08/18/11 $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attech ACORD 101, Additional Remarks Schedule, if morespace is required) Certificate holder is named as Additional Insured. City of Fayetteville Attn: Sandra Smith 113 W Mountain Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CORPORATION.AII rights reserved. ACORD25 (2009109) The ACORD name and logo are registered marks of ACORD FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council o, l5' -/U CC: Sondra Smith, City Clerk Don Marr, Chief of Staff Greg Tabor, Police Chief Terry Gulley, Transportation Services Director FROM: Kit Williams, City Attorney DATE: August 25, 2010 RE: Issuance of Pedicab Driver's Permit: Requirements Independent Contractors Not Authorized LEGAL DEPARTMENT Sondra provided me a copy of Todd Gilmour's e-mail of August 23, 2010 (5:27 P.M.) in which Mr. Gilmour states: "We do not have employees. We operate with independent contractors." Whether or not the persons pedaling Mr. Gilmour's pedicabs could meet the legal definition of "independent contractors", they cannot be issued any Pedicab Driver's Permit in Fayetteville. § 117.103 Pedicab Driver's Permit lists five requirements for an applicant to be issued a Pedicab Driver's Permit. The last requirement is: "(e) Proof of existing employment or a promise of employment ... with the pedicab company that has a valid Certificate of Public Convenience and Necessity." (emphasis added) "Employment" status is the opposite of "independent contractor" status. After the application for Pedicab Driver's Permit has been approved the application is returned to the pedicab company "to be held by the certificate holder so long as the driver is employed by the certificate holder." § 117.103(F) (emphasis added) Thus, only "employees" not "independent contractors" may receive Pedicab Driver's Permits. There are vital and important differences between employees and independent contractors. An employer is responsible to supervise and control employees and is vicariously liable if an employee negligently injures his passengers or others. One who uses "independent contractors" is not supposed to be able to control how these independent contractors work. The "independent contractors" are simply charged with getting the job done. If an independent contractor negligently injures someone, the company who contracted with the independent contractor is often not liable. Injured passengers would normally only be able to sue the independent contractor driver (with no insurance required by our ordinance) and not the pedicab company (who is required to carry insurance). Citizens injured by a young, uninsured "independent contractor" pedicab driver would likely have great difficulty getting their medical bills paid or compensation for their injuries. This is why the Pedicab Ordinance requires pedicab drivers to be employees of a pedicab company and that company to be insured. If an "independent contractor" was allowed to receive a pedicab driver's permit, the passengers on the pedicabs and other citizens would likely have no recourse if an accident occurred. The Pedicab Ordinance also prohibits the assignment or transfer of the Certificate of Public Convenience and Necessity without the consent of the City Council. §117.109. If someone was truly an "independent contractor" of the Fayetteville Pedicab Company and tried to operate, that independent contractor (being independent of the Fayetteville Pedicab Company) could only operate if the City Council allowed the assignment or transfer of the Fayetteville Pedicab Company's Certificate to this different and independent entity. CONCLUSION If the Fayetteville Pedicab Company has no employees as stated by Mr. Gilmour, it can have no permitted pedicab drivers and thus its Certificate should be cancelled pursuant to § 117.11 1(C). Fayetteville Pedicab Company can solve all these problems by simply hiring its proposed drivers as its employees. This will protect the pedicab passengers and also provide protection for the pedicab drivers as employees with workers' compensation protection. This was anticipated in §117.106 Insurance Requirements "(G) The holder shall provide adequate employer's liability insurance for the employees as provided by law." Sondra Smith - Re: Harter Update + , f"J tl�o%s.7�gsac,Maitmn?;�nwvi'�t=T.' a<n ;. sxxsst?^ra;H.rrn�vy r�!.a:mgL•hca.:a:m • From: Fayetteville pedicab Company <ridefpc@yahoo.com> To: Sondra Smith <ssmith@ci.fayetteville.ar.us> Date: 8/23/2010 5:27 PM Subject: Re: Harter Update CC: James Harter <jharter@ci.fayetteville.ar.us> We do not have employees. We operate with independent contractors. Most pedicab companies operate this way. Our insurance should comply with the ordinance. Todd Gilmour Floratine Products Group Turf Care of Texas On Aug 23, 2010, at 4:53 PM, "Sondra Smith" <ssmiith cr ci_fay_etteville_ ar.us> wrote: Hi Jay The only insurance certificate that I have received was for Fayetteville Pedicab. When I looked at the insurance certificate it looked like there was some additional information that is still needed to comply with the ordinance therefore Kit is checking the insurance certificate. According to the ordinance they are to provide adequate employer's liability insurance for their employees as provided by law. I did not see that coverage on their insurance certificate. Kit mentioned Fayetteville Pedicab needs to get with him about their sign. They will need to supply proof of Pedicab inspection to receive their license/certificate. Once we get the above details worked out they should be able to receive their license/certificate. Sondra E. Smith CAMC, CMC City Clerk Treasurer City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 ss� ith@ei_.fay_etteyilte.ar.us TDD (Telecommunications Device for the Deaf): (479) 521-1316 file://C:\.Documents and Settingslssmith\Local Settings\Temp\XPgrpwise\4C72AF7FFAYETTEVILLECI... 8/24/2010 j r f FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council Sondra Smith, City Clerk CC: Don Marr, Chief of Staff Greg Tabor, Police Chief FROM: Kit Williams, City Attorney( DATE: August 27, 2010 /S* -/O LEGAL DEPARTMENT RE: Fayetteville Pedicab Company issued Certificate of Public Convenience and Necessity; Drivers will be employees After several consultations with the owners of Fayetteville Pedicab Company, LLC in which I explained the ordinance's requirement that Pedicab Driver Permits could only be issued to an employee, not an independent contractor, Vice President Todd Gilmour provided the attached letter stating their first two proposed drivers "will be employees of Fayetteville Pedicab Company." He also informed me that any future drivers will also be employees. I have also reviewed the Certificate of Liability Insurance for the Fayetteville Pedicab Company issued through the Nielsen Insurance Agency of Tigard, Oregon and spoken to the insurance agent, Taira Stronach, concerning this insurance. Attached is such Certificate of Liability Insurance listing Allen Archer as an Additional Insured Driver (as is Russ Ritter on a second Certificate). I therefore recommend to the Police Department that these Fayetteville Pedicab Drivers have met the final requirement to be issued valid Pedicab Drivers Permits. As the insurance appeared to be in proper order, I recommended that the City Clerk's Office issue the Certificate of Public Convenience and Necessity to the Fayetteville Pedicab Company which was accomplished about 8:45 this morning. 1 cfa�etteville d'edicab eompan# 577f iatt iJ uthet 9(g'.nBlvd 0Cazetteville, dgdL 72707 TO: Kit Williams, City Attorney City Hall Fayetteville, AR 72701 26 August 2010 Dear Mr. Williams: Allen Archer and Russ Ritter will be employees of Fayetteville Pedicab Company. Sincerely, Todd Gilmour, Vice President Fayetteville Pedicab Company ridefpc@yahoo.com OF LIABILITY INSURANCE 20I 8/266/2/2p1100D/YYYY) ATE fCERTIFICATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poticy(iesj must be endorsed. If SUBROGATION IS WAIVED. subject to the terms end conditions of the policy, certain policies may require an endorsement Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).CON PRODUCER Nielsen Insurance Agency 12587 SW 68th Ave Tigard, OR 97223 TA C+ NAME: Taira Stronach H°No E,t: 503 684-6598 C. No): (503) 244-6881 ADDRESS: taira@niagency.com CUSTOMER RDUCLas: INSURERIS) AFFORDING COVERAGE NAICI INSURED Fayetteville Pedicab Company 8600 Palmer Ct. McKinney, TX 75070 901 606 6490 INSURER A: MaXum Indemnity Company INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTLMTHSTANPING 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUER POLICY NUMBER POLICY Ef F MMIOdYYYY POLIcY ExP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea ocdarence) S 100 000 CLAIMS -MADE CI OCCUR MED EXP (Any onepersan) $ 5 000 A X BDG0046787 08/18/10 08/18/11 PERSONAL EADV INJURY s 1,000,000 GENERAL AGGREGATE S 2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCT$ - COMPIOP AGO S 2 , 000, 000 PE T El LOC X POLICY fl $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANYAUTO BODILY INJURY (Per person) S ALLOWNED AUTOS BODILY INJURY (Per accident) S SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Pet accident) S NON -OWNED AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAR CLAIMS -MADE DEDUCTIBLE S S RETENTION 3 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ITORY LIMITS Eli 10TH - ANY PROPRIETOR/PARTNERISXECUTNE ❑ OFFICER/MEMBER EXCLUDED? NIA E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE $ (Mandatary in NMI If yea, describe under DESCRIPTION OF OPERATIONS polo. E.L. DISEASE - POLICY LIMIT S A Assault & Battery BDG0046787 08/18/1008/18/11 $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AeachACORD I01.Add'dional RenrarksSchedula,if moreapace is regiired) Certificate holder is named as Additional Insured Driver. DOB: 11/19/1983 DL# 912509511 L:ANUt_LLAI IUN Allen Archer 2728 Kantz Apt #7 Fayetteville, AR 72703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. TIVE CORPORATION. All rights reserved ACORD25 (2009109) The ACORD name and logo are registered marks of ACORD R. IS4.I0 City of Fayetteville C,ertitiicatc # 001 113 W. Mountain Tayve eel e Fayetteville, AR 72701 Cerliricate lee $100.00 ARKANSAS Certificate of Public Convenience and Necessity Pedicab Type of Cenilicate August 17.2010 154-10 Date Approved Resolution # Holder: Pedicah Company: Fayetteville Pedicah Company Address: 64 W. Colt Square Fayetteville, AR 72702 Telephone: (479) 595-3158 Number of Pcdicahs: S Minimum NIA Maximum Rate: $1.00 Flat rate plus lips Dales and llours of Operation: Monday through Sunday (8:00 a.m. to 3:00 a.m.) Insurance Provided lutho icir ignature Dale Attest: City Clerk 1 Deputy City Clerk This permit is not transferable or assignable, and may be revoked or canceled at any time pursuant to City Ordinance. Certificate of Public Convenience and Necessity Acknowledgement ov0 (-IL 4o✓� am personally responsible for the operation of a Pedicab Company that has been granted this certificate and I will ensure that all employees faithfully abide by all requirements of the Pedicab Ordinance and that all our Pedicab(s) will continuously meet inspection, maintenance and required equipment mandates of Chapter 117 of the Fayetteville Code. I acknowledge that my failure or my company's failure to abide by all ordinance requirements or the violation of any laws may result in revocation of this Certificate. 2e7 xf _____ Signature Date cfa ettevi1te /'edicab eompan� 517 OfattIn futAAe c 1�.8tvd fa�ettev1le, dgdL 72701 TO: Kit Williams, City Attorney City Hall Fayetteville, AR 72701 26 August 2010 Dear Mr. Williams: Allen Archer and Russ Ritter will be employees of Fayetteville Pedicab Company. Sincerely, Todd Gilmour, Vice President Fayetteville Pedicab Company ride fpc a yahoo.com {812 712 0 1 0) Sondra Smith - RE: Add these to Fayetteville pedicab insurance Seite 1 From: "Taira Stronach" <taira@niagency.com> To: "Fayetteville pedicab Company" <ridefpc@yahoo.com> CC: <ssmith @ci.fayetteville. ar. us> Date: 8/26/2010 4:05 PM Subject: RE: Add these to Fayetteville pedicab insurance Attachments: Fayetteville Pedicab Certs.pdf Please see the attached Certificates of Liability listing the added drivers. Thank you, Taira Stronach Nielsen Insurance Agency 12587 SW 68th Ave Tigard OR 97223 Office: 503.684.6598 Fax: 503.244.6881 Toll Free: 1.800.468.5647 --Original Message ---- From: Fayetteville pedicab Company [mailto:ridefpc@yahoo.com] Sent: Thursday, August 26, 2010 1:35 PM To: Taira Stronach Subject: Add these to Fayetteville pedicab insurance Allen Archer DL#912509511 DOB 11/19/83 Russ Ritter DL#920633719 DOB 4118174 Please email to Sondra at the city clerks, please copy me in Todd Gilmour Floratine Products Group Turf Care of Texas CERTIFICATE OF LIABILITY INSURANCE DATE 8/26/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(lea) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require en endorsement. Astatement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Nielsen Insurance Agency 12587 SW 68th Ave Tigard, OR 97223 CONTACT NAME: Taira Stronach IAt PHONE NoEt): 503 684-6598 (Fv , No): (503) 244-6881 ADDRESS: taira@niagency. com PRODUCER CUSTOMER IDM INSURER(S) AFFORDING COVERAGE NAICR INSURED Fayetteville Pedicab Company 8600 Palmer Ct. McKinney, TX 75070 901 606 6490 INSURER A: MaXum Indemnity Company INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEIWA ADDL SUBR POUCYNUMBER POLICY EFF MM/D POLICY EX? MM/OD LIMITS GENERAL LIABILITY EACH OCCURRENCE 3 1 000 000 X COMMERCIAL GENERAL UABIUTY DAMAGE TO RENTED PREMISES (Es occurrence) $ 100,000 CLAIMS -MADE [] OCCUR MED EXP(Anyonepereon) $ 5 000 A X BDG0046787 08/18/10 08/18/11 PERSONAL&ADV INJURY 3 1,000,000 GENERAL AGGREGATE S 2 000 000 GEN'L AGGREGATE OMIT APPLIES PER: PRODUCTS - COMPIOP AGO S 2 , 000 , 000 X POLICY JET r]LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO — BODILY INJURY (Per person) S — ALLOWNED AUTOS BODILY INJURY (Per acddenl) S — SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accIdeM) NON -OWNED AUTOS S S UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS UA9 CLAIMS -MADE DEDUCTIBLE - S S RETENTION $ WORKERS COMPENSATION AND EMPLOYERSLIABILITY YIN IWC STATU- I 10TH - TORY LIMITS I I ER ANY PROPmETOWPARTNERIEAECUUNE ❑ WN OFFICEEMBER EXCLUDED? (Mandatory In NH) NIA EL EACH ACCIDENT S EL DISEASE- EA EMPLOYEE $ If yes, describe under EL DISEASE- POLICY LIMIT S DESCRIPTION OF OPERATIONS below A Assault & Battery BDG0046787 08/18/10 08/18/11 $25,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101,Additonal RemarksSdmdute,k narespaceis required) Certificate holder is named as Additional Insured Driver. DOB: 11/19/1983 DL# 912509511 CERTIFICATE HOLDER CANCELLATION Allen Archer SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2728 Kantz Apt #7 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Fayetteville, AR 72703 ACCORDANCE WITH THE POLICY PROVISIONS. I _AUTHO ENTATIVE _____________ 1988-2009 AMRD CORPORATION. All rights reserved. ACORD25 (2009!09) The ACORD name and logo are registered marks of ACORD R CERTIFICATE OF LIABILITY INSURANCE 8/26/2010 THIS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT., If the certificate holder Is an ADDITIONAL INSURED, the pollcy{les) must be endorsed. 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). PRODUCER Nielsen Insurance Agency 12587 SW 68th Ave Tigard, OR 97223 EGNIALI NAME: Taira Stronach PH NNo Exti (503)684-6598 (Al. No): (503) 244-6881 ADDRESS: taira@niagency. com PRODUCER CUSTOMER ID#. INSURERfS) AFFORDING COVERAGE NAICS INSURED Fayetteville Pedicab Company 8600 Palmer Ct. McKinney, TX 75070 901 606 6490 INSURER A: MaXum Indemnity Company INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: RFVISInN Ni IMRFR- THIS IS TO CERTIFY THAT 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 1MTH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AODL lsePOLICY SUOR NUMBER POLICY EFF IMM/D POLICY EXP MMID LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 1 X1 COMMERCIAL GENERAL UABIUTY CLAIMS -MADE OCCUR LJAMAUE TO RENTED PREMISES (Es occurrence) $ 100 000 MED EXP (Anyone person) i 5 000 A J X BDG0046787 08/18/10 08/18/11 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG s 2 , 000 , 0 00 x POLICY PR6 LOC s AUTOMOBILE LIABILITY COMBINED SINGLE UMIT (Ea accident) $ ANYAUTO BODILY INJURY (Per person) $ ALLOWNEO AUTOS BODILY INJURY (Per eccident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ NON -OWNED AUTOS $ $ UMBRELLA UAB OCCUR EACH OCCURRENCE S AGGREGATE $ EXCESS UAB CLAIMS -MADE DEDUCTIBLE $ S RETENTION $ WORKERS COMPENSATSON AND EMPLOYERS' LIABILITY YIN rAt STATU- I 10TH - TORY LIMITS ER E.L EACH ACCIDENT S ANY PROPRIETORRARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED 7 (Mandatory in NH) NIA EL DISEASE- EAEMPLOYEE S If yes, describe under EL DISEASE -POLICY UMIT $ DESCRIPTION OF OPERATIONS below A Assault & Battery tr BDG0046787 08/18/10 08/18/11 $25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (AUachACORD iEt,AdditionalRernerksSchedule,itmorespaceis requhed) Certificate holder is named as Additional Insured. DOB: 04/18/1974 DL# 920633719 CERTIFICATE HOLDER CANCELLATION Russ Ritter SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 107 E Maple St Apt B THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN Fayetteville, AR 72701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTH04' ENTATIVE 1988-2009 ACRD CORPORATION. All rights reserved. ACORD25 (20091O9) The ACORD name and logo are registered marks of ACORD Jo Wdic.ctf� C.o . City of Fayetteville 1Li 0 Mountain St Fayetteville AR 72791 (479) 521-7708 8/27/2810 Receipt Number. 100266653 11:17:81 Received By . : VCARBAJAL Received From: LISA BRANS0N M15c. Receipts 180.00 LISA BRANSON ---------- Receipt Total . : 100.00 180.000 Amount Tendered : Change . . . . : .00 Payment Received: Cash : 100.00 Co Search - (5%&/7 Page 1 of 1 Home Arkansas Insurance Department - Company Search Welcome to the Arkansas Insurance Department Company Search page, You may enter the Company Name, NAIC Number, or Company Type to begin your search. You do not need to fill in all fields. Once your data request is complete you may sort it by any column simply by clicking the column title. The Status of "A" reflects an active Company, and an "I" is inactive . You will find this data in the Status column. Can't find the Company you seek? Please visit our Former Company Name Lookup If the Company name you seek does not appear on this site, it does not necessarily confirm that the Company is not licensed to do business in the state of Arkansas, as the Company about which you are inquiring may be licensed under a different name. For confirmation, please contact our Consumer Services Division at 501.371.2640 or 800.852.5494. Name Maxum Indemnity Company NAIC ID Company Type Captive Searc, Records NAME NAIC TP STAT STDT ADDR Phone Pwr Lines AMC Re 12884 CAP A 12/31/2002 P 0 Box 2020 Conway, AR 72033 MAXUM 3655 North Point Parkway INDEMNITY 26743 SL A 9/26/1997 Suite 500 8663874500 COMPANY Alpharetta, GA 30005 1 of 1 http://www. insurance. arkansas.gov/is/companysearch/CoSearch.asp?s_NAME=Maxum+I... 8/23/2010 Best's Credit Rating Center - Company Information for Maxum Indemnity Company Page I of 2 Ratings & Analysis Center United States j Asia Pacific I Canada ' Europa About Contact Sitemap Ratings & Analysis a Home . Best's Credit Ratings . Financial Strength Ratings -Insurer Issue(Credit Ratings . Debt Ratings Financial Strength Ratings ---Bank e Advanced Search • About Bests Credit Ratings. • Get a Credit Rating. • Best's Special Reports • Add Best's Credit Ratings Search To Your Site a BeetMark for Secure -Rated Insurers • Contact an Analyst News & Research Products & Services Industry Information a Corporate • Support & Resources v Conferences and Events v Maxum Indemnity Company pmt thin (a member of Maxum penalty insurance QMup) A.M. Best 0: 012563 NAIC 0: 26743 FEIN C: 510097293 This rating is F"mnetal R»e assigned to ypEg7 companies k-E1tCe(iMt i Address 3655 North Point Parkway, Suite 500 that have, in our opinion, an excellent ability to Alpharetta. GA 30005 meet their ongoing obligations to UNITED STATES policyholders. Phone: 67&597-4500 Fax: 67E-597-4501 Web: www.mxmsig col Rest's Ratings Financial Strength Ratings View De tuitions Issuer Credit Ratings View Definitions Rating: A- (Excellent) Long -Term: a. Financial Size Category: Vll ($50 Million to Outlook: Stable $100 Million) Action: Affirmed Outlook: Stable Date: February 22, 2010 Action: Affirmed Effective Date: February 22, 2010 'Denotes Under Review Ratings. See toting definitions. Reports and News Visit our NeweRoom for the latest rim aJd,press re(Qpsg9 for this company and its AM. Best Group. AMB Ciedit Report - Irtsuranco -rofess)oRsl - includes Bests Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data, Report Revision Data: 03/02/2010 (represents the latest significant change). Historical Reports are available in AMB-Cfedit,Repsr_Insurance Professtol Archive. Bests Executive Summary Reports (Financial Overview) - available in three i.< versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability. liquidity and reserve analysis. Data Status: 2010 Best's Statement File - PIC, US, Contains data compiled as at 8/1712010 (oueluy Cross Checked). • Single Company - five years of financial data specifically on this company. • Comparison - side -by -side financial analysis of this company with a peer group of up to rive other companies you select. • Composite - evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. j AMB Credit Report - Business Prgfossional - provides three years of key ` financial data presented with colorful charts and tables. Each report also features the latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 6717(2010 (Qvatty cross checked). 10Best's Key�tating Guide Presentation)Report - includes Best's Financial Strength .)Raling and financial data as provided In Best's Key Rating Guide products. Data Status: 2009 Financial Data (Cuahiy Cross Checked), Financial and Analytical Products Best's Key Rating Guide-P_!C. US & Ca0adp Best's Statement File - PI Best's Statement File - Global Best's Insurance Reports -_PIC, US &Canada Best's State Line - PIC US Best's Insuranctt-E)tlpense Exhibit ((FB) - P/C 11$ Best's Schedule F (Reinsurance) - PJC,y$ Beefs Schedule D (Municipal Bonds) - US Best's Schedule 1) (Common Stocks] -U5 Best's Schedule D (Preferred$tQCkq) US Best's Schedule P (Loss Reserves) - PiC.JS1 Best's Schedule D - d - P/C & LM U$ Best's Schedule D (Corporate Bonds) - U.S Best's Insurance Reoorts - Online - _P/C. V,S & Canada i For ratings and product access 1,2510 Lsta-.uuP Find a Best's Credit Ruling Enter a Company Name �-� + Rdyanced Search View Rating DeJittitions Select one... http://www3.ambest,com/ratings/FullProfile.asp?BL=0&amb=12563&A1tNum=10951256... 8/23/2010