HomeMy WebLinkAboutOrdinance No. 03-1473 CITY OF THE COLONY, TEXAS
OmOIN CE NO. 0
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH WASTE MANAGEMENT TO PROVIDE FOR
COMMERCIAL/INDUSTRIAL SOLID WASTE AND RECYCLING
COLLECTION SERVICES; ATTACHING THE APPROVED FORM OF
CONTRACT AS EXItIBIT "A"; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
SECTION 1. That the City Manager of thc City of Thc Colony, Texas is hereby authorized
to execute on behalf of the City a contract with Waste Management to provide for
Commercial/Industrial Solid Waste and Recycling Collection Services. The approved form o f
contract is attached hereto as Exhibit "A", and made a part hereof for such purposes.
SECTION 2. This Ordinance shall take effect immediately from and aider its passage bythe
City Council of the City of The Colony, Texas.
DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this 7th day of July, 2003.
APPROVED:
ATTEST: ~/~or, Cit~I'he Colony//~
P[tti ~. Hicl~s, City Secret~ir~j
COMMERCIAL & INDUSTRIAL CO! J.ECTION,
TRANSPORT, DISPOSAL AND RESIDENTIAL AND MULTI-
FAMILY RECYCLING AGREEMENT
This Commercial & Industrial Collection, Transport, Disposal and Re(ldential and
Multi-Family Recycling Agreement, ("Agreement~'), is entered into October 1, 2003, by and
between the CITY OF THE COLONY, this is home-rule murdcipality located in Denton
County, Texas, and Waste Management.
WHEREAS, under the laws of the State of Texas and the Charter of the City, the
City has the authority to grant an exclusive franchise upon such terms and conditions as it
deems are reasonable; and
WHEREAS, the City desires to provide, commercial & industrial collection,
transport, disposal and residential and multi-family recycling services within the City; and
WHEREAS, the cost of delivering recycling services to single family residences,
("Residential Customers"), is different from delivering recycling services to commercial
enterprises and other generators of other than single family residences, ("Commercial
Customers"), and
WHEREAS, the Contractor desires to operate a commercial & industrial collection,
transport, disposal and recycling service in accordance with the provisions of this Agreement
and the ordinances of the City;
NOW, THEREFORE, upon the mutual covenants, conditions and promises
contained her(m, the parties hereby agree as follows:
Grant of an Exclusive Franchise / Term
1.1 The City hereby grants to the Contractor an exclusive franchise to operate within the
limits of the City and utilize the streets and alleys of the City in accordance with the
provisions of this Agreement and the ordinances of the City, as they may be
amended from time to time.
1.2 The exclusive franchise granted hereby shall begin on October 1, 2003 and end on
June 1, 2007, unless sooner terminated in accordance with the provisions hereof.
1.3 Rates shall not increase during the term of the agreement.
DEFINITIONS
Anniversary Date - Commencement date of this agreement.
Commercial containers - All containers supphed by the contractor affording
adequate capacity to service a customer so as to prevent spillage, unsighdy and
unsanitary conditions.
Disabled customer - A residential household in which all members of the household
are physically disabled to the extent that they are unable to place recycling container
at curbside. The fact of such disability must be certified to the contractor by the city
manager or his or her designee.
Recyclable - Any of the following materials:
1. Mixed Residential Paper: newspaper.s, inserts, magazines, fiberboard
boxes, mail, junk mail, office paper, paper bags, cardboard or any
other type of clean paper products. All cardboard and fiberboard
must be broken down to a size that will fit within recycling carts.
2. Glass botdes and jars: excluding mirrors, windows, ceramics and
other types of glass.
3. Cans: including beverage, food, beer and soft drink cans composed
of fin, steel or aluminum, but not including scrap metal.
4. Plastic containers: including HDPE (milk and detergent bottles),
PET (ptimatily soft drink containers), bottles generally referred to as
two-liter and three-liter soft drink, milk, juice, water, shampoo, liquid
soap, any plastic bottle or container with the numbers of 1,2,3,4,5 or
7 etc.
Residential unit - Single family dwelling within the corporate limits of the city.
Multi-Family - Having more than (2) two family units in the same structure.
Duties of Contractor
Residential Recycling Service
2.1 The Contractor shall collect and process or cause to process recyclables generated by
Residential and Multi-Family Customers within the City placed for collection in
accordance with the ordinances of the City as follows:
a) Recyclable materials shall be picked up between the hours of 7:00 A.M. and
7:00 P.M. one me per week.
b) Backdoor service will be provided at no additional charge for those citizens
with disabilities that would prevent him or her from placing the recycling
outside. It is the responsibility of the City Manager or his/her designee to
investigate the citizen's disability claim and certify the need for back door
services.
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c) Missed collection - The contractor shall collect any missed pickups on the
same business day, if notification to contactor is provided by 2:00pm. By
12:00pm the next business day, if notification is provided after 2:00pm.
2.2 The Contractor shall furnish and deliver to each Residential Customer within the
City a wheeled poly cart (minimum size 32 gallon) with attached lid for the collection
of recyclable materials. The Contractor shall replace and/or repair any lost, stolen, or
damaged containers or lids at the Contractor's cost. Each wheeled poly cart is be
made from recycled content materials and be % different color than the solid waste
2.2.1 Provide recycling services and containers to all city owned faftllties as requested at
no cost to the City.
Commercial Service
2.3 The Contractor shall collect all solid waste generated by Commercial Customers
within the City placed for collection in accordance with the ordinances of the City as
follows:
a) Commercial Customers shall utilize a Contractor furnished container(s), as
required by the Commercial Customer but not less than once per week,
Monday through Friday between the hours of 7:00 A.M. and 9:00 P.M.
b) Cornmercial customers not utilizing a contractor furnished conruiner, have
up to the start of this agreement on October 1, 2003 to convert to a
contractor furnished container and service.
c) Upon request by the Commercial Customer, the Contractor shall deliver a
container(s) for solid waste storage and collection purposes, which has a
suitable cover(s) to prevent blowing or scattering or refuse and is clearly
marked with the Contractor's name and telephone number in letters of not
less than two inches in height. The container(s) shall be cleaned and
maintained by the Contractor so that at all times it is in good repair, and
good appearance, and free of refuse residues as may cause odor and
provide a breeding place for flies and harborage for rodents.
d) Construction debris - The contractor shall deliver a properly sized
container for the collection of construction debris, either from new
building construction or re-modeling of existing building. The cost shall
be determined by size of container and frequency of pickup.
e) Provide solid waste services to all city owned properties (to include city
parks) as requested at no cost to the City.
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Multi-Family Recycling
2.4 Multi-family recycling - The contractor shall make available appropriate sized
containers modified for the collection of mixed recyclables and shall be provided
as required for each complex. The Contractor shall also provide to each multi-
family unit appropriate receptacles for use by each multi-family unit. The
Contractor shall replace and/or repair any loat, stolen, or damaged containers at
the Contractor's cost.
Holiday Trees Recycling Service
2.5 The City shall annually designate a collection site within the corporate limits of the
City for the deposit of Holiday trees by Residential Customers for the period
beginning on the 26* of December of each year and ending approximately 3 weeks
later. The Holiday trees will be chipped. The chipped mulch will then be made
available to the City.
Holidays
2.6 The Contractor shall obsetare Thanksgiving Day, Christmas Day, New Years Day,
Memorial Day, Independence Day, and Labor Day by suspension of collection
services on the holiday. In the event that the observation of the holiday is on the
normally scheduled collection day, the collection will be the next collection day. All
other collection days for the remainder of the week will be pushed back one day.
Landfill Use
2.7 The Contractor shall provide 600 Landfill Passes per quarter or 2400 Landfill passes
per year. The Landfill passes shall be good the last month of each quarter and be
controlled by the City.
Promotion, Reporting and Modification of Recycling
2.8 The Contractor shall pay monthly to the City the sum of $800.00 as an educational
and environmental stipend. The City may deduct said $800.00 from the amount
collected monthly by the City and payable to the Contractor as provided for in
paragraph 3.4 hereof.
2.8.1 The Contractor shall provide the City with a monthly recycling report within 10 days
from the end of the reporting month, which will include summaries of tonnage of all
materials recovered by type of materials, residential participation rates ia terms of
weekly and monthly set-out counts with a description of the methods used to
determine the participation rates. Report shall also include the total percent of
residential customers that recycle each month. Residential customers who recycle
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more than once per month should not be counted more than once for purposes of
this statistic.
2.8.2 The Contractor shall provide the City with an annual summary report within 10 days
from the end of the anniversary date of the contract, which will include summaries
of tonnage of all materials recovered by type of material, an annual residential
participation rate with a description of the method used to calculate the annual
participation rate.
2.8.3 Upon mutual consent of the City and the Contractor other materials may be added
For collection and disposal as recyclable materials, as recyclable markets for those
materials are established.
Service to the Publi~
2.9 The Contractor shall provide collection, transportation and processing of or cause to
process of recyclable materials deposited on City owned or operated property or at
such other locations as the City may designate. The Contractor's fee for providing
this public collection and transport service is included within the fees charged to
Residential and Commercial Customers within the City, and the Contractor shall
receive no additional compensation for public collection service.
2.9.1 The Contractor shall distribute information approved by the City, regarding services,
recycling, contact infonnation, rates and other information pertaining to recycling
collecfon to each single family and/or multi-family household and commercial entity
annually, in the winter of each new year. The first distribution of information shall
be at the 6me of delivery of recycling cart and/or toter to the single family or multi-
family resident as applicable, at the start of the contract.
Contractor's Operation
2.10 The Contractor shall maintain the appearance and operation of all vehicles and
equipment used within the City in a clean, safe and efficient working condition
throughout the term of this Agreement. All vehicles used by the Contractor for the
collection and transportation of recycling shall be protected at all times while in
transit to prevent any blowing or scattering of refuse. The Contractor shall wash its
vehicles on the inside and sanitize with a suitable disinfectant and deodorant a
minimum of once a month, or with such frequency as is necessary to avoid the
emission of offensive odors. The Contractor shall wash and paint or re-paint its
vehicles as often as necessary to keep them in a neat and sanitary condition. The
Contractor shall mark all vehicles with the company's name, local telephone number,
and a specific vehicle identification number easily viewed on the side and rear of the
vehicle from 50 feet away.
2.10.1 The Contractor shall submit to the City for approval a designation of the collection
routes necessary to fulfill its obligations under this Agreement, and upon approval
shall utilize those collection routes in performing its obligations under this
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Agreement. The Contractor shall submit any proposed changes in the residential
collection routes to the City for approval.
2.10.2 The Contractor shall clean and remove any loose refuse or spillage from its
collection activities within 24 hours of the spillage being reported to the Contractor.
All spillage observed by the Contractor but not resulting from its collection activities
shall be pibmptly reported to the City.
2.10.3 All field employees of the Contractor shall ?ear uniforms identifying them as
employees of the Contractor. Employees driving the Contractur's vehicles shall do
so lawfully and in accordance with the laws of the State of Texas. The Contractor
shall prohibit the drinking of alcoholic beverages or the use of controlled substances
by employees while on duty or in the course of performing the Contractor's
obligations under this Agreement.
2.10.4 The Contractor shall provide the City with a monthly commercial report. The report
shall include the amount of commercial activity including the number of commercial
customers, the number of commercial accounts by size and number of pick-ups, the
number of cubic yards collected, a financial summary of total billing for each month
and any other information requested by the City. The reporting shall be in
compliance with City Ord. No. 97-1003 section 12-121. The Contractor shall
provide the City with the Commercial monthly report within 15 days of the end of
the reporting month.
2.10.5 PAVEMENT DAMAGE - The Contractor shall be responsible for the repair of
damage to paved surfaces on public streets, alleys, or thoroughfares when such
damage is caused by the negligent or inappropriate operation of Contractor's
collection equipment. Contractor shall not be responsible for normal wear and tear
of public fights of way or regular maintenance to such fights of way. Substantiation
of cause shall be determined by mutual agreement of the City and the Contractor.
Within thirty- (30) days after receipt of notice of damage, the Contractor shall
arrange for the satisfactory repair of the pavement, or the City may perform the
repairs, and the Contractor shall reimburse the City on a time plus material basis.
Reimbursement for the materi~l~ and labor shall be in the form of a credit on the
Contractor's next monthly billing for residential collection services.
Contractor's Duty to Perform to the Satisfaction of the City
2.11 All of the Contractor's duties under this Agreement shall be performed to the
satisfaction of the City, as determined by the City Manager in his sole discretion.
Any dispute concerning the performance of the Contractor of its duties under this
Agreement shall be called to the attention of the City Manager and the City Manager
shall make a determination, in his sole discretion, in the exercise of good faith, as to
whether the Contractor has complied to the satisfaction of the City with its
obligations under the provisions of this Agreement. The City may designate a City
employee to act as an enforcement officer, hereunder and to act as a liaison between
the City and the Contractor.
2.11.1 Any and all books and records, other pertinent information of the Contractor that
are reLated to the performance of this Agreement shall be open and available for
inspection dmang normal business hours at no cost by the City and/or its designated
representatives.
Notice of Non-Collection
2.12 In the event the Contractor refrains from colle%ting, all or a portion of the recycling
material or commercial solid waste, as a result of the Contractor's determination that
the solid waste or recycling has not been properly placed for collection or the owner
occupant is otherwise in violation of the ordinances of the City which excuses the
Contractors performance, the Contractor shall notify the City and the customer in
writing within 24 hours of the reason for non-collection.
Local Office
2.13 The Contractor shall maintain an office, which Residential, Multi-Family and
Commercial Customers may contact through the local telephone exchange and/or
toll free number. The Contractor will equip such office with adequate personnel and
equipment necessary to respond to customer inquiries between 8:00 A.M. and 5:00
P.M., Monday through Friday. All inquiries or complaints received by the Contractor
will either be corrected or a written response forwarded to the customer within 24
hours. The Contractor shall keep a complaint log, which shall include the name,
address, telephone number, type of complaint, time and date, solution and response
time and date of response, in a format approved by the City. The City may review
said complaint log or request that it be sent to the City at any frae during the normal
business hours of the Contractor. The Contractor shall maintain a current listing in
the yellow pages identifying the Contractor and the local and/or toll free telephone
number and address of its office and in an informational format approved by the city
shall distribute free of charge said information to Residential, Multi-Family and
Commercial Customers within the City.
Contractor shall establish and maintain an authorized Managing agent and shall
designate to the City Manager the name, telephone number, and address of such
agent upon whom all notices may be served by the City and to whom complaints
received from citizens of the City may be directed.
Fees and Collection
3.1 The Contractor shall charge only such fees for the services provided pursuant to the
provisions of this Agreement as are approved and may in the future be approved by
the City from time to time. No modifications in the Contractor's fees or rates shall
be effective or shall be implemented unless approved by the City Council of the City.
3.2 The Contractor is hereby authorized to charge the rates indicated in appendix "A:"
for the services provided pursuant to this Agreement.
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3.3 The City shall bill all Residential customers on a monthly basis and sh~ll retain
monthly a sum equal to 10% franchise fee of the total mount billed to Residential
customers, less applicable sales tax, within 15 working days of the end of the month
billed. In addition, the City shall include in said billing all appropriate sales tax on
the services of the Contractor and shall remit same to the State Comptroller's Office
as collected.
3.4 The Contractor shall bill all Commercial customers on a monthly basis and shall
report gross monthly receipts to the City in compliance with Section 2.94 of this
Agreement. The Contractor shall pay monthly a sum equal to a 10% franchise fee of
the total gross amount billed to Commercial customers, less applicable sales tax.
3.5 The City reserves the right to modify this Agreement to provide for a designated
landfill disposal site to be used by the Contractor in the performance of this
Agreement. The Contractor and City shall mutually work in the determination of
adjusted billing rates in such events.
3.6 The City will diligently pursue the collection of bad debts and those which are
deemed uncollectable after 60 days will be written off by the City and write-offs will
be adjusted (deducted) from contractors monthly payment following the quarter of
the write-off. Although write-offs will be made, the City will continue to pursue
collection. Any bad debts collected after any quarterly payment adjustment will be
added to the next monthly payment to the contractor.
Insurance and Indemnification
4.1 The Contractor shall maintain at all times during the tema of this Agreement, the
following types and amounts of insurance coverage with an insurance company
authorized to do business in the State of Texas and approved by the City with the
City named as a coJmsured on the policy:
a) Commercial general liability insurance at a minimum combined single limit of
$1,000,000.00 per occurrence and $2,000,000.00 general aggregate for bodily
injury and property damage.
b) Commercial automobile liability insurance at minimum combined single l/mit of
$1,000,000.00 per occurrence for non-owned and hired coverage.
c) Worker's compensation insurance at statuto~ limits, including employer's
liability coverage at minimum limit of $500,000.00 per occurrence - each
ac(tdent, $500,000.00 per occurrence - disease, and $500,000.00 aggregate -
disease.
d) Excess umbrella liability insurance at minimum comlgmed limits o£$2,000,000.00
per occD~rrence.
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4.2 The Contractoz shall deliver copies of the polities with all endorsements to the City;
the policies shall provide that no modification, alteration, change or cancellatinn of
the policy shall occur except upon 30 days written notice to the City.
4.3 The Contractor shall hold the City harmless and indemnify the City, its officers,
agents, servants and employees from and against any and all claims or suits for
damage or loss of whatsoever kind or character, whether real or asserted, arising out
of or in connection with this Agreement or the performance thereof, whether or not
occasioned by the acts of omission or commission,, of the Contractor, its agents,
officers, servants and employees. It is the intention of the Contractor and the City
for the Contractor to indemnify the City from it's own negligent acts, whether or not
said acts are combined with or free from the negligence of the Contractor's agents,
servants and employees.
Contractor Independent
5. The Contractor is and shall remain in all respects independent from the City as to the
work, licenses or privileges granted in the Agreement. The Contractor's employees,
officers and agents shall at no time be allowed to identify themselves or in way
represent themselves as being employees or agents of the City. The Contractor shall
be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, sub-contractors and licensees. The docn4ne of
respondent/superior shall not apply between the City and the Contractor and
nothing herein shall be construed as creating a partnership or joint enterprise
between the City and the Contractor.
Performance Bond
6. Coincident with the execution of this Agreement, the Contxactor shall provide to the
City a performance bond in the penal sum equal to 12 months value of contract
executed by a good and sufficient corporate surety, approved by the City and
conditioned that the Contractor shall well, truly and faithfully perform its obligations
under this Agreement and shall satisf3r all claims and demands of any kind incurxed
under the Agreement, including, but not limited to, the payment of all mounts owed
by the Contractor to the City, and the Contractor shall fully indemnify, and save
harmless the City from all costs and damage which it may suffer by reason of the
failure to do so, and shall reimburse and repay the City all outlay and expense which
the City may incur in making good any default, then the obligation shall be void;
otherwise, to remain in full force and effect. The performance bond shall be in a
form acceptable to the City. The contractor shall pay any and all premiums for the
bond. A certificate from the surety showing that the bond premiums are paid in full
shall be submitted to the City on an annual basis for the duration of the contract.
Default by Contractor / Remedies and Termination
7.1 On the failure of the Contractor to observe or comply with any promise, covenant
or condition of this Agreement, ("Contractor's Defaulf'), the City, at its sole
discretion, may take one or more of the following actions:
a) cure the Contractor's Default,
b) contract with other parties to cure the Contractor's Default,
c) notify the Contractor and demand the Contractor's default be cured,
d) pursue any remedy available at law or in equity.
e) Utili=e performance bond.
Fine the Contractor up to 1,000.00 per day for each default not cured within
three 0) business days after notification.
7.2 In the event the City elects to cure the Contractor's Default, then the Contractor
shall immediately pay to the City the reasonable value of the work necessary to cure
the Contractor's Default. The Cxty may withhold from the monthly Residential
Customer service fees an amount necessary to satisfy, the Contractor's obligation.
7.3 In the event the City elects to contract with other patties to cure the Contractor's
Default, then the Contractor shall immediately pay to the City the cost incurred by
the Cxty in having the Contractor's Default cured. The City may withhold from the
monthly Residential Service fees payable to the Contractor hereunder, an amount
necessary to satisfy the Contractor's obligation.
7.4 In the event the default is not resolved within three (3) business days after
notification, the City may impose up to a $1,000.00 per day fine until resolution is
agreed to by all patties.
7.5 In the event the City notified the Contractor and demands the Contractor's Default
be cured, the Contractor shall cure said default within 30 days of notice. In the
event the Contractor fails to cure the default within said 30-day period, then the City
may terminate this Agreement and the grant of franchise to the Contractor and
exercise the performance bond. Any termination shall not relieve either the
Contractor or the City from any obligations under the Agreement which accrued
prior to its termination.
Assignment
8. The grant of an exclusive franchise to the Contractor and the Contractor's fights
under the Agreement are not assignable, either directly or indirectly, without the
prior written consent of the City. If the City agrees to such assignment, then the
Contractor shall pay the City $20,000.
Miscellaneous Provisions
9.1 All demands, notices or others communications allowed or required hereunder shall
be in writing and shall be deemed given when delivered in person or deposited in a
receptacle for the United States Postal Service, postage prepaid, registered or
certified; return receipt requested, addressed to the parties as follows:
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City Manager
City of The Colony
6800 Main St.
The Colony, Texas 75056
9.2 This Agreement shall be binding upon and for the sole benefit of the parties hereto
and their respective heirs, successors and assigns and not for the benefit of any thixd-
party.
9.3 This Agreement may not be changed orally, but only by an agreement in writing
signed by the parties. No act, delay, omission, cout~.e of dealing between the Parties
will be a waiver of any tights or remedies under this Agreement Any waiver of any
tight, remedy or requirement under the terms hereof on any occasion will not be a
bar or constitute a waiver of the exercise of the same or other tight or remedy on
subsequent occasions.
9.4 This agreement shall be governed by and interpreted in accordance with the laws of
the State of Texas. For purposes of this Agreement, the venue shall be Denton
County and Texas.
9.5 If any provision of this Agreement shall for any reason be held to be invalid or
unenforceable, such invalidity or unenforceability shall not affect any other provision
hereof, and this Agreement shall be consU-ued as if such invalid or unenforceable
provision have never been contained hereto.
9.6 This Agreement may be executed in any number of counterpaxts and each such
counterpart shall be deemed an otigin*l.
EXECUTED on the date first above written.
CITY OF THE COLONY
IT _ _ ~ · _t- .......... Waste Managem~/nt
Attg4t
Patti/A. Hicks, City Secretary
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APPENDIX
Rates quoted do not include state sales tax or franchise fees as indicated herein.
RESIDENTIAL RECYCLING:
1) $1.25 per month per Residential Customer for once a week with a 32
gallon (minimum) wheeled poly cart for the collect/on of recyclable
materials. A 10% franchise fee will be added to each residential rate.
MULTI-FAMILY RECYCLING:
1) Rates will be determined on a case by case assessment of each
complex needs.
COMMERCIAL SERVICE CHARGES:
2 YD 50.77 89.22 127.68 166.13 204.58 243.04 24.60
3 YD 58.16 101.55 144.92 188.31 231069 275.08 26.14
4YD 65.36 113.67 161.98 210.29 258.60 306.92 28.93
6 YD 79.00 137.17 195.34 253.51 311.68 369.84 31.77
8 YD 91.71 159.73 227.76 295.77 363.80 431.82 36.59
To provide commercial roll-off service by size and number of pickups for temporary roll-
offs as stated below, at a cost stated per month excluding franchise fees. A 10% franchise
fee will be added to each price in the above matrix.
20 YD 55.00 4.40/day 208.14/mp 0.00
25 YD
30 YD 55.00 4.40/day 257.19/mp 0.00
35 YD
40 YD 55.00 4.40/day 299.43/mp 0.00
To provide caster and locks.
$12.00 per caster, per month
$12.00 per lock, per month
To provide commercial compactor service by size and number of pickups as stated below, at
cost stated per month excluding franchise fee. A 10% franchise fee will be added to each
price in the above mamx.
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