§ 3.52.060. Contract.

Every transfer station is required to be licensed under this chapter and each transfer station operator shall enter into a contract with the city as a condition to being granted a transfer station license. Such contract shall provide substantially as follows:

(1)

Right; Privilege. The city shall grant to the transfer station operator the right and privilege to transfer solid waste from one vehicle or rail car to another or to store and consolidate solid waste before transporting for disposal elsewhere.

(2)

Term. The term of the contract shall be for a term not to exceed ten years.

(3)

License Required. The transfer station operator shall maintain a current license as required by this chapter.

(4)

Subject to Ordinance. The transfer station and operator shall be subject to all ordinances of the city currently existing or hereafter adopted during the term of this contract pertaining to the storage, transfer or consolidation of solid waste in the city.

(5)

Community-wide Clean Up. The transfer station operator shall provide two free weekends per year during which time citizens may bring solid waste into the transfer station at no charge. A minimum of ten-days' notice will be given to the transfer station to prepare for free weekends. The transfer station will be required to staff the facility to accommodate the demand. The transfer station shall count all loads and maintain records as usual but shall not collect fees from citizens participating in the community-wide cleanup.

(6)

Neighborhood/Bulky Waste Clean Up. The transfer station operator shall collect a tipping fee on the transfer of solid waste for the neighborhood/bulky waste clean up program to provide funding for neighborhood/bulky waste clean up efforts. The amount of the tipping fee shall be determined by the director of public works sufficient to fund the program based upon the anticipated volume of solid waste expected to be brought to the transfer station as provided in Section 3.52.070.

(7)

Host Fee. The transfer station operator shall collect a tipping fee on the transfer of solid waste to provide for improvement of traffic control, signalization upgrades, street maintenance upgrades, litter control, stormwater control and environmental remediation. The amount of the tipping fee shall be determined by the director of public works sufficient to fund the program based upon the anticipated volume of solid waste expected to be brought to the transfer station as provided in Section 3.52.070.

(8)

Household/Small Quantity Hazardous Waste. The transfer station operator shall collect a tipping fee on the transfer of solid waste to provide for operation of the household/small quantity hazardous material disposal program. The amount of the tipping fee shall be determined by the director of public works sufficient to fund the program based upon the anticipated volume of solid waste expected to be brought to the transfer station as provided in Section 3.52.070.

(9)

Radioactive Waste. No radioactive waste shall be accepted, stored or transferred at a licensed solid waste transfer station. A licensed transfer station operator must have an operating plan to screen for radioactive waste that has been approved by the director of public works.

(10)

Yard Waste Storage. Any yard waste accepted at the transfer station for storage, consolidation or shipment shall be stored indoors.

(11)

Unsecured Loads. The transfer station operator shall collect a surcharge on unsecured loads brought into the transfer station to be determined as a percentage of the per ton charge which is to be turned over to the city to offset the cost of litter control on public rights-of-way.

(12)

Natural Disasters, Storm Damage, Flooding, Acts of God. The transfer station operator shall accept all city-hauled waste as a result of natural disasters, storm damage, flooding or acts of God at no charge.

(13)

Other City Waste. The transfer station operator shall accept all city-hauled waste from city-owned trash receptacles.

(14)

Tires Prohibited. Any tires or tire pieces received at the transfer station shall be transferred to proper disposal facilities.

(15)

Asbestos. Waste containing asbestos may be received as allowed by appropriate law and regulations, but must be transferred to the proper disposal facilities.

(16)

Emergency Plan. A licensed transfer station operator must have an emergency operating plan that has been approved by the director of public works.

(15)

Cancellation. The contract specified herein may be canceled by the contractor by giving thirty days written notice to the city. The contract may be canceled by the city at any time upon written notice in the event of any change in law or regulation or other circumstances that materially affect the position or financial obligations of the city under the contract.

(16)

Indemnification. The transfer station operator shall indemnify and hold the city, its officers and employees and agents harmless from any claims or suits arising out of acts or omissions of the transfer station operator in the operations under this chapter.

(17)

Assignment. The contract required by this chapter may not be assigned without the approval of the director of public works.

(18)

Cash Basis. The contract shall not be construed to be in conflict with the cash basis or budget law pursuant to K.S.A. 12-2102.

(19)

Discrimination Prohibited. The contract will prohibit unlawful discrimination as provided by regulation for city contracts.

(20)

Other Licenses, Agreements. The contract shall not preclude a transfer station operator from being licensed by or entering agreements with other parties or governmental entities to provide for the collection and disposal of solid waste.

(Ord. No. 44-229 § 6)