No person, firm, company, corporation or other entity shall, within the city limits, collect or dispose of solid waste unless licensed by the appropriate Sedgwick County agency, and the city, and in addition, the collector or any collector shall at all times remain in compliance with the Solid Waste Code for Municipalities for Sedgwick County, Kansas, hereinafter referred to as code, and published by the Environmental Health Division of the Sedgwick County Department of Community Health, and with the terms of this article. In addition the collector shall at all times comply with all other federal, state and local rules, regulations and laws established by governmental entities or agencies having jurisdiction in the premises.

(Ord. 350, Sec. 1; Code 2003)

The city may be required under section 8-201:211 of this chapter and any additions or substitutions thereof which may be enacted by the city to contract with licensed solid waste collectors for the collection of solid waste within the city limits.

(Ord. 350, Sec. 3)

Prior to any contract being let or executed the solid waste collector shall execute such contracts and applications as may be required by the governing body and, in addition, shall deliver to the city clerk the contracts of insurance herein provided for.

(Ord. 350, Sec. 4; Code 2003)

The collector or any collector shall secure and maintain throughout the duration of any contract with the city and at all times when acting for and on behalf of the city, such insurance as is hereinafter required. The collector or any collector shall submit evidence of insurance with executed contract documents. Insurance shall be considered acceptable when provided in one of the following methods:

(a)   By the issuance of the original policy designating the collector and the city by name as the insured parties under the provisions of the policy;

(b)   By endorsement to an original policy when the endorsement shall extend to the city the same coverage and protection stipulated in the paragraph above;

(c)   By separate contingent policy providing the required insurance coverage for the protection of the city.

A duplicate of the original of each policy shall be furnished showing specifically the coverage and limits together with the underwriter thereof for approval by the city. Regardless of such approval by the city, it shall be the responsibility of the collector to maintain adequate insurance coverage at all times and the failure to do so shall not relieve the collector or any collector of any contractual obligation or responsibility. The failure by any collector to maintain insurance coverage as required by this article shall be considered a failure in contract performance, a violation of this article and shall be treated as such by the city. Satisfactory certificates of insurance filed with the city shall note that thirty (30) days written notice will be given to the city and to the surety before any policy covered thereby is changed or canceled.

(Ord. 350, Sec. 5; Code 2003)

The collector or any collector shall provide the following insurance and shall list the city as an additional insured and shall provide the city with a copy of the insurance certificate. Such policy or policies shall not be cancelable by the vendor upon less than thirty days notice to the city.

(a)   Worker’s Compensation and Employer’s Liability. This insurance shall protect the collector or any collector against all claims under the worker’s compensation law of the state of Kansas. In addition, the insurance procured by the collector shall protect the collector or any collector against claims for injury, disease or death of its employees that, for any reason, may not fall within the scope of coverage of collectors’ worker’s compensation insurance.

The liability insurance limits shall not be less than the following:

Bodily injury - $100,000 each person

Bodily injury - $300,000 each occurrence

Property damage - $50,000 each occurrence

Such policy may be written to allow the first $500 of a liability for damage to property to be deductible;

(c)   General Liability. This insurance shall be written in comprehensive form and shall protect the collector or any collector against all claims arising from injuries to any person or damage to property of others arising out of any act or omission of the collector or any collector, and in addition, this policy shall specifically provide the collector or any collector protective liability insurance, and contractual liability insurance covering the obligations stipulated below. The collector shall provide and maintain insurance to protect the city against any and all claims for damages, for personal injury, including accidental death, as well as from collector, any of his or her subcontractors, or by anyone directly or indirectly employed by the collector or his or her subcontractors. The liability limits shall not be less than the following:

Personal injury -    $100,000 each occurrence

                             $300,000 aggregate or single limit of $300,000

Property damage - $50,000 each occurrence

                             $100,000 aggregate

Such policy may be written to allow the first $500 of liability for damage to property to be deductible.

(Ord. 350, Sec. 6; Code 2003)

The collectors or any collector shall, by virtue of his or her contract or agreement with the city or by his or her acting on behalf of the city, bind himself or herself to indemnify, defend, punctually pay and save harmless the city and all of its officers, agents, representatives and employees from all suits, claims, demands or actions of every kind or description arising from or relating to any acts, omissions or negligence of the collectors or any collector, his or her employees, designees or subcontractors. The collectors or any collector shall likewise bind himself or herself to punctually pay, defend, indemnify and save harmless the city and all of its officers, agents, representatives and employees for and on account of any injury or damages received or sustained by the collectors or any collector, his or her designees, employees or subcontractors on account of any claim or amount recovered for royalty or infringement of patent, trademark, copyright or on account of any claim or amount recovered under the worker’s compensation law.

(Ord. 350, Sec. 7; Code 2003)

The collectors or any collector shall not obstruct streets or alleys. The collectors or any collector is granted the privilege of using the streets for the work specified, but he or she is not granted exclusive use of such streets. The collector or any collector shall handle the work in a manner which shall cause the least inconvenience to the public or property owners and shall perform his or her labors in a courteous, prompt manner.

(Ord. 350, Sec. 8)

No person, firm, company, corporation or other entity shall, within the city limits, collect or dispose of solid waste unless a permit is first obtained from the city clerk prior to the issuance of the license. The collectors or any collector shall deliver to the city clerk copies of certificates of insurance reflecting compliance with the safety responsibility laws of the state of Kansas and such insurance as may be required by the state of Kansas prior to the operation of a motor vehicle upon the highways of the state. The insurance shall be kept in full force and effect at all times and shall name the city of Haysville as an additional insured and collectors shall provide the city with a copy of the certificate of insurance. In addition, the collectors shall deliver to the city clerk written evidence that the collector has complied with the Solid Waste Code for Municipalities and this article and that the collector’s vehicle or vehicles in all respects comply with the provisions of this code. In addition, the collectors or any collector shall, if applicable, deliver to the city clerk the insurance certificates required by this article, and such information as may be reasonably required to assure the governing body that the terms of this article are and will be complied with. The collectors or any collector and all employees shall at all times remain licensed to operate a motor vehicle under the laws of the state of Kansas.

(Ord. 350, Sec. 9; Code 2003)

Any collector collecting solid waste in the city shall make, keep and maintain a detailed, itemized written list setting forth the names and addresses of all resident owners and in addition, the names and addresses of any parties with whom the collectors or any collector has contracted for the collection of solid waste and the addresses from which the solid waste is being collected. Such list shall be made available to the city by the collectors or any collector upon request of the city.

(Code 1984)

Any and all contracts and licenses hereunder are subject to revocation for any violation of this article or upon the failure of the collectors or any collector to comply with any of the terms of the contract or license with the city or for any reason shall consider any work stoppage which interrupts the normal and regular collection of solid waste. In the event any collectors or collector shall fail to comply with any of the provisions of this article the city clerk may, with the consent of the governing body, upon ten (10) days notice to the collectors or collector, revoke and cancel any contract or license. Any collectors or collector may appeal such revocation order within ten (10) days to the governing body.

(Ord. 350-A)

A license fee as set out in Chapter 17, for each license issued hereunder shall be paid to the city clerk. The license shall expire at the end of the calendar year regardless of when the license was issued.

(Ord. 350-C; Ord. 350-D; Code 2003; Code 2007)

The violation of any portion of this article shall be punished in accordance with the general provisions set out in section 1-121 of this code. Each day the violation continues shall be considered a separate offense. In addition, the municipal court is hereby authorized, empowered and directed to abate or suppress any violation of this article.

(Ord. 350, Sec. 13; Code 2003)