Fillable Checklist For Solid Waste Franchise Application for Commercial Solid Waste Franchise.pdf

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Checklist For Solid Waste Franchise Application for Commercial Solid Waste Franchise.pdf

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Page 3 of 8
Town of Cutler Bay
CHECKLIST
FOR NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE
Applicant:
Application #:
Applicant
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 add
ition 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 a
re 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
th
) 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
th
) of the month by the private hauler,
an additional monthly surcharge, equal to seventeen percent (17%) of monthly total gross
receipts fo
r 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
st
) 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
sev
enteen 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
st
and end September 30
th
. Permit per account applications submitted
before the fifteenth (15
th
) 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 t
his 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
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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Checklist For Solid Waste Franchise Application for Commercial Solid Waste Franchise.pdf

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Completed 12 July 2020

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