A. A franchised waste hauler shall not provide a customer with services before the customer signs a customer service agreement. If the customer service agreement is between a franchisee and a broker, the broker's signature is not required before commencement of services.
B. Every service agreement must comply with the following:
1. Be clearly labeled as a service agreement.
2. Clearly describe the services to be provided by the franchised waste hauler and the cost for providing such services to the customer.
3. Clearly state the dates of the initial term and renewal terms.
4. Allow for any term that is mutually agreed to by the customer and the franchised waste hauler but recognizing that the hauler's franchise must remain in full force and effect throughout the term of the agreement.
5. Automatic renewal for successive periods of no longer than one year, unless either party gives written notice of termination by mail or email at least 30 days prior to termination date of the current agreement.
6. Amended as mutually agreed upon in writing by the customer and franchised waste hauler.
7. Customers are to receive written notice of price increases not less than 30 days prior to the effective date of such price increase.
8. Franchisees shall respond to all customer inquiries regarding service issues including, but not limited to, disruptions, changes to service level, cancelation, and billing within five business days. Customer inquiries can be made by phone, mail, or email.
9. Collection containers will be removed from the property of a customer within five business days of final termination of services to the customer.
10. Not require customers to pay over three months liquidated damages during the renewal term and over six months liquidated damages during the initial term of the service agreement.
11. Not require a customer to give a franchised waste hauler the exclusive right to provide recycling services or organic material collection services as a condition of a customer service agreement unless the customer affirmatively indicates that is its desire.
12. Not require customers to give notice of any offer by a competitor or require customers to give franchised waste haulers the right to respond to such an offer.
13. Franchises must be in full force and effect for the service agreement to be effective.
14. Allow for additional collection services or increased charges for services due to changes in regulations.
15. Allow for customers to send written cancelation at any time during the term of the service agreement; however, the written notice must be provided at least 30 days in advance of the termination date of the current agreement for the customer to avoid being assessed liquidated damages.
C. National contracts or agreements are exempt from the requirements of contract length and renewal terms.
D. A franchised waste hauler shall provide the services described in the customer service agreement.
1. Charges for a specific service shall not begin until the container necessary for that service is delivered to the customer's site. Service deposits for new customers are allowable as a one-time, upfront cost prior to the beginning of collection charges.
2. If a franchised waste hauler does not provide services as described in the customer service agreement, a customer may terminate the service agreement.
E. All new or renewed customer service agreements entered into following the adoption of this chapter must meet all requirements contained in this chapter. Within 180 days after adoption of this chapter all customer service agreements must meet the requirements of this chapter. (Ord. 2023-0024 § 68; Ord. 2021-0003 § 15)