Fill - Free fillable Application For Commercial Solid Waste Franchise PDF form

APPLICATION NO. _________________

Page 1 of 8

Town of Cutler Bay

APPLICATION FOR

COMMERCIAL SOLID WASTE FRANCHINSE

(Non-Exclusive)

Applicant Name:

Address:

Town:

Zip:

If Applicant is a corporation, etc., list all shareholders, partners, or others holding legal interest in

excess of 10% (add additional sheet if necessary:

Name and telephone number of responsible managerial employee for after-hours emergency

contact:

Telephone numbers of all offices located within Miami-Dade County:

Primary office address from which account will be served:

Primary office phone:

List below (or attach a separate sheet), all vehicles which will be used to service accounts within

The Town of Cutler Bay. Include the year, model, make, serial number, license plate number of

each vehicle.

Additional Sheet Attached:

Yes 

No 

Page 2 of 8

FY ____ APPLICATION FOR COMMERCIAL SOLID WASTE FRANCHISE – (Continued)

General Conditions:

Any non-exclusive franchise issued based upon this application is subject to payment of all

required fees and is subject to the following General Conditions as well as all Special Conditions

as set forth in the foregoing section of this application:

1. Limitation on hours of operation. Private waste collection operations licensed by the

Town shall service their accounts only between the hours of 6:00 AM and 11:00 PM.

2. New accounts entered into subsequent to this agreement must be reported to the Town

within thirty (30) days along with the appropriate fee.

By signature below, I certify that the information contained herein is true and accurate:

WITNESS:

IF INDIVIDUAL:

Signature

Print Name

WITNESS:

IF PARTNERSHIP:

Signature

Name of Firm

Print Name

Address

By:

Signature

(Signature - General Partner)

Print Name

WITNESS:

IF CORPORATION:

Signature

Name of Corporation

Print Name

Address

By:

Signature

(Signature – President)

Attest:

(Corporation Seal)

Secretary

Page 3 of 8

Town of Cutler Bay

CHECKLIST

FOR NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE

Applicant:

Application #:

Applicant

Staff



Completed & Signed Application Form

Initial:



Application Fee ($750.00)

Initial:



Vehicle Registration Fee ($25.00 per Vehicle)

Initial:



Account Registration Fee ($100.00 per Account)

Initial:



Insurance Certificate(s)

Initial:



Copy of County Waste Hauler Permit

Initial:



Copy of County Business Tax Receipt

Initial:



Copy of Town’s Business Tax Receipt

Initial:



Payment Bond

Initial:



List of Customer Accounts within the Town

Initial:



Evidence of Licensed, Approved Disposal Facility

Initial:



Signed Indemnity Release

Initial:

For Internal Use Only

Finance Dept.:

Date:

Town Manager:

Date:

Town Clerk:

Date:

TOWN PERMIT NO.

Page 4 of 8

TOWN OF CUTLER BAY

INFORMATION SHEET #1

FRANCHISEE FEES

AND

REPORTING REQUIREMENTS

Each private hauler is required to establish and maintain appropriate records, showing the

amount of monthly solid waste collection and disposal service fee receipts for each of its

accounts located in the Town. All records shall be open to inspection or audit by the Town

Manager, or his designee, during regular business hours, after reasonable notice, to audit, inspect

and examine the franchisee’s fiscal books and records and tax returns, insofar as they relate to

Town accounts, to confirm the franchisee’s compliance with this chapter.

A. All private haulers operating in the Town shall pay the following franchise fees to the

Town for the privilege of collecting, removing or disposing of solid waste from

commercial or multi-family residential establishments over the streets or public rights of

way located within the Town:

1. The franchise fee shall be in addition to any occupational license taxes levied by the

Town upon the franchisee’s business activities.

2. The franchisee shall pay a franchise fee to the Town equal to seventeen percent (17%)

of its monthly total gross receipts for all of its accounts which are located in the

Town.

3. The franchise fee shall be paid to the Town by the private hauler on a monthly basis.

The franchise fee is due on the fifteenth (15

) day of the month succeeding the month

for which the franchise fee is being paid.

4. The franchise fee shall be accompanied by a report to the Town Manager designating

the names and addresses of each account of the private hauler located in the Town

that was provided solid waste collection and disposal service for the preceding month.

The report shall include the monthly total gross receipts of all such accounts.

B. If the franchise fee is not paid by the fifteenth (15

) of the month by the private hauler,

an additional monthly surcharge, equal to seventeen percent (17%) of monthly total gross

receipts for the preceding month, shall be payable to the Town for each month the

payment franchise fee is delinquent. Additionally, the franchisee shall pay all the Town’s

collection expenses, including court costs and reasonable attorney’s fees. If the fee is not

Page 5 of 8

paid by the first (1

) of the following month due, the Town shall have the right to call

franchisee’s payment bond, and will begin the process of revoking the franchise.

C. If any audit or examination discloses an underpayment to the Town greater than

seventeen percent (17%) of the required payment, in addition to payment of the

underpayment, the franchisee shall pay for the expenses of the audit and a penalty equal

to three (3) times the underpayment.

D. Each and every franchisee shall pay a permit per account fee annually of one-hundred

dollars ($100.00) for each account with whom they contract for the provision of

commercial solid waste services. The franchise may only pass on an amount not to

exceed forty-eight dollars ($48.00) of said permit per account fee to each contracted

customer. Said permit per account fee shall not be transferable. The annual period will

begin October 1

and end September 30

. Permit per account applications submitted

before the fifteenth (15

) of the month will be charged.

Reporting Requirements

Due By:

__________

On or before __________________, ______, the franchisee shall deliver to the Town Manager a

statement of the franchisee’s annual gross receipts generated from accounts within the Town

prepared by an independent certified public accountant and certified by the owner or

corporate officer or partner, reflecting the franchisee’s gross receipts within the Town for the

franchisee’s fiscal year. This information will be used to estimate and adjust the payment bond

required under this ordinance.

Additional Reporting Requirements

(Refer to Town Ordinance 08-01)

Page 6 of 8

TOWN OF CUTLER BAY

INFORMATION SHEET #2

REQUIRED PAYMENT BOND

During the initial year of the franchise, the applicant is required to provide the

Town with a payment bond in the amount not less than ten thousand dollars

($10,000.00). After the initial year of the franchise, a payment bond or an

acceptable alternative in an amount equal to the applicant’s previous twelve (12)

month franchise fee(s) paid to the Town or a minimum of fifteen thousand dollars

($15,000.00), whichever is greater, as security for any fee(s) due to the Town

under the franchise agreement(s) with good and sufficient sureties conditioned

upon the compliance of the terms of this chapter and such form as the Town

attorney may require.

The form of security approved by the Town and furnished by the franchisee is

required as a guarantee that the franchisee will execute the work in accordance

with the terms of this chapter and will pay all franchise fee payments due to the

Town.

The surety provided to the Town may be on Town Form SW-5 or on a form

provided by a surety company that meets all the minimum requirements and

guarantees contained on the Town’s form.

Page 7 of 8

TOWN OF CUTLER BAY

(SOLID WASTE FRANCHISEE’S)

PAYMENT BOND

BY THIS BOND, We, __________________________________ [name of principal/franchisee]

as PRINCIPAL/FRANCHISEE AND ______________________ [name of surety], as SURETY,

are bound to the Town of Cutler Bay, herein called TOWN, in the sum of $_________________,

for payment of which we bind ourselves, our heirs, personal representatives, successors, and

assigns, jointly and severally.

THE CONDITION OF THIS BOND is that if PRINCIPAL/.FRANCHISEE:

1. Performs the Franchise Agreement dated ________________ between

PRINCIPAL/FRANCHISEE and TOWN (hereinafter Franchise Agreement) and abides by

all of the terms of said Franchise and the TOWN’s Ordinance No. 08-01, as amended,

(hereinafter Franchise Ordinance), said Franchise Agreement and Ordinance being made

parts of this bond by reference, at the times and in the manner prescribed in the Franchise

Agreement and Ordinance; and

2. Promptly makes all payments to TOWN as is required pursuant to the Franchise Agreement;

and

3. Pays TOWN all losses, damages, expenses, costs and attorney’s fees, including appellate

proceedings, that TOWN sustains because of a default by PRINCIPAL/FRANCHISEE under

the Franchise Agreement; and

4. Performs all duties and responsibilities pursuant to the Franchise Agreement and Franchise

Ordinance, then this bond is void; otherwise it remains in full force.

Any changes in or under the Franchise Agreement documents and compliance or noncompliance

with any formalities connected with the Franchise Agreement or Franchise Ordinance does not

affect SURETY’s obligation under this bond.

IN WITNESS WHEREOF, the above-abounded parties have caused this Bond to be executed by

their appropriate officials of the _____ day of ______________, 20_____.

WITNESS:

PRINCIPAL/FRANCHISEE:

Signature

Print Name:

Title:

Page 8 of 8

WITNESS:

SURETY:

Signature

Print Name:

Signature:

Its:

Title:

Countersigned by

Resident Florida Agent of SURETY:

Signature

Print Name:

(Copy of Agent’s current State of Florida

License issued by Florida Insurance

Commissioner shall be attached hereto).

[THIS SPACE LEFT INTENTIONALLY BLANK]

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