5.32.020 Contractor--Registration--Insurance.

Regulations governing the registration certification and insurance of water conditioning contractors in the city shall be as follows:

A. Every water conditioning contractor shall be required to register with the city clerk, and it is unlawful to engage in such business without the registration. The clerk shall issue a certificate of registration upon the contractor's satisfactory showing that he or she meets the requirements as set forth in subsections (B) and (C) of this section; provided, that should the contractor show proof of registration in another city in this state, the clerk may issue a certificate forthwith. Registration information shall include, but not be limited to, the following:

1. The name(s) and address(es) of the contractor, his or her organization(s) and his or her place(s) of business;

2. Other city or cities of registration of the contractor under this act; and

3. The city clerk holding the contractor's surety bond as required in subsection (C) of this section.

B. The clerk shall issue a certificate if the contractor has not:

1. Been convicted of a felony or any crime involving moral turpitude or fraud, deception or misrepresentation;

2. Been refused a certificate in another jurisdiction;

3. Knowingly given any false statement in his or her registration; and if the contractor has complied with insurance and bond requirements as set forth in subsection (C) of this section.

The certificate may be revoked by the clerk should the contractor fail to maintain compliance with the above requirements.

C. It is unlawful for a water conditioning contractor to engage in business in the city without insurance and bond as set forth hereinafter. Every contractor shall be required to maintain general liability and product liability insurance in the minimum of fifty thousand dollars ($50,000.00). Each contractor shall also furnish to the clerk an acceptable surety bond if not previously registered in another city in Kansas. The bond shall be held by the city clerk and be executed by the contractor as principal, and by a solvent corporation authorized to do business in the state, in the amount of two thousand five hundred dollars ($2,500.00). The aggregate liability of the surety for all breaches of the conditions of the bond shall in no event exceed the amount of such bond. The surety on the bond shall have the right to cancel such bond upon giving thirty (30) days' notice to the city clerk of the first city in which the insured registered and thereafter shall be relieved of liability for any breach of condition occurring after the effective date of the cancellation. In lieu of the corporate surety bond, such contractor may file a bond signed by three or more good and sufficient sureties conditioned as hereinafter provided. The bond shall be to the state of Kansas for use and benefit of such persons as may suffer by breach thereof; and shall be conditioned that the contractor will honestly and properly conduct his or her business, that the contractor will not fail or refuse to render to a customer services as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties, and the contractor will not violate the laws of the state or the city. The bond and insurance requirements of this chapter may be waived by the city clerk for any corporate water conditioning contractor who submits proof of ability to respond in damages in an amount not less than fifty thousand dollars ($50,000.00) arising out of general liability and products liability claims. (Prior code § 6-802)