Maricopa City Council
May 26, 2026

Maricopa City Council Agenda
Tuesday, May 26, 2026
6:00 PM
Location: Gusher Hall, 271 California Street, Maricopa, CA 93252 Also available through Zoom Video Conferencing:
https://zoom/us.joinMeeting IID:870 6295 0177 Passcode:228188 - Call to Order and Pledge of Allegiance
Roll Call
Mayor Cory Morse City Administrator Eric Ziegler
Mayor Pro Tem Virgil Bell City Attorney Alan Peake
Council Member Crystal Harris City Treasurer Dorine Horn Council Member John Horn City Clerk Meghan Wilson
Council Member James Owens
III. Community Recognition
IV. Reorder of Agenda
Council Reports/Statements
a. Report by Public Safety/Sheriff Department/Fire Department b. City Clerk Meghan Wilson
c. City Treasurer Dorine Horn
d. City Administrator Eric Ziegler
City Attorney Alan Peake
f. City Council Members
g. Mayor Cory Morse
VI. Public Hearings
VII. Public Commentary
Persons wishing to address the council on items within its jurisdiction, but not on this agenda, may do so now. Any items presented to the council at this time will not be acted upon.

Please note: State law allows the City Council to briefly respond to questions on items raised by the public which are not on the agenda Govt. Code Section Code § 54954.2(a). Alternatively, the Council may choose to direct staff to provide information at the following meeting. Any member of the public may comment on any matter within the jurisdiction of the city that is not on this agenda. Those wishing to comment should be recognized by the mayor and approach the podium.

Please complete a Speaker's Form and submit it to the City Clerk prior to the start of the meeting to be acknowledged as a speaker.

VIII. Approval of Minutes
a. Approve Maricopa City Council Regular Agenda Minutes for May 12, 2026 IX. Consent Calendar
Approve payment of current warrants for May 2026
X. Agendized Items
a. Adopt Resolution (2026-04) Entitled A Resolution of the City Council of the City of Maricopa, California, Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 3, 2026, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; Adopt Resolution (2026-05) Entitled A Resolution Of The City Council Of The City Of Maricopa, California, Requesting The Board Of Supervisors Of The County Of Kern To Consolidate A General Municipal Election To Be Held On Tuesday, November 3, 2026, With The Statewide General Election To Be Held On The Date Pursuant To Section 10403 Of The Elections Code.

Recommendation:

1. Motion to Adopt Resolution (2026-04) Entitled A Resolution of the City Council of the City of Maricopa, California, Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 3, 2026, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities

2. Motion to Adopt Resolution (2026-05) Entitled A Resolution of The City Council of The City of Maricopa, California, Requesting the Board of Supervisors of The County of Kern to Consolidate a General Municipal Election to Be Held on Tuesday, November 3, 2026, With the Statewide General Election to Be Held on The Date Pursuant to Section 10403 Of the Elections Code
b. Approve Third Amendment to Franchise Agreement Between the City of Maricopa and Westside Waste Management Company, Inc. For Solid Waste Collection and Disposal Services dated January 5, 2012, and authorize the Mayor and City Clerk to execute the Agreement on Behalf of the City.

Recommendation:

Motion to Approve Third Amendment to Franchise Agreement Between the City of Maricopa and Westside Waste Management Company, Inc. For Solid Waste Collection and Disposal Services dated January 5, 2012, and authorize the Mayor and City Clerk to execute the Agreement on Behalf of the City.

XI. New Business
XII. Closed Session
XIII. Come into Open Session
XIV: Council/Staff Items
XV: Adjourn
I certify that a copy of this agenda was posted at Maricopa City Hall, Gusher Hall, and Maricopa Post Office on May 21, 2026.

Meghan Wilson, City Clerk
Pursuant to the Americans with Disabilities Act, if you need special assistance to participate in a City Council Meeting, please contact the City Clerk at (661) 769-8279 at least three (3) days prior to the meeting or time the special services are needed to allow City staff to make reasonable arrangements to provide you with access to the meeting.

Maricopa City Council Minutes
Tuesday, May 12"', 2026
Location: Gusher Hall
271 California Street, Maricopa, CA 93252
I. Call to Order and Pledge of Allegiance
Mayor Pro Tem Virgil Bell called the meeting to order at 6:00 P.M., followed by the flag salute.

Il. Roll Call
Mayor Cory Morse - Absent
Mayor Pro Tem Virgil Bell - Present
Council Member John Horn - Present
Council Member Crystal Harris - Present
Council Member James Owens - Present
City Administrator Eric Ziegler - Present
City Attorney Alan Peake - Present
City Treasurer Dorine Horn - Present
City Clerk Meghan Wilson - Present
III. Community Recognition
None.

IV. Reorder of Agenda
None.

V. Council Reports/Statements
Report by Public Safety/Sheriff Department/Fire Department - Statistics were submitted for the period 04/28/26 - 05/12/26. Council Members Owens and Bell both acknowledged and appreciated the increased presence of the Sheriff's Department in the community. Council Memeber Owens raised concerns regarding a property misusing sewer. Council Member Harris asked how the date for the upcoming event was selected. The Sheriff's Department stated the date was chosen because most staff would be on the clock that day. b. City Clerk Meghan Wilson - None.
c. City Treasurer Dorine Horn - Dorine informed the council that she will not be present at the following meeting.
d. City Administrator Eric Ziegler - Reported that Flock has been waiting for verification of the camera location before proceeding.
e. City Attorney Alan Peake - City Attorney Alan Peake again reminded the Council to ensure they are up to date on required training. The Clerk asked whether the additional training requirements apply only to Council Members or also to the Clerk and Treasurer. f. City Council Members - Council Member Horn asked City Attorney Alan Peake whether Council Members may attend future meetings held with the Sheriff's Department. Alan stated that such meetings typically occur through the City Administrator's office, but Council Members may attend without triggering the need for an agenda or creating an official meeting. He recommended that Council Members attend in "shifts" to avoid quorum concerns. He noted that he is not aware of the purpose of these meetings. He recommended placing the item on a future agenda for discussion.
g. Mayor Cory Morse - Absent.

VI. Public Hearings
None.

VII. Public Commentary
None.

VIII. Approval of Minutes
a. Approve Maricopa City Council Regular Agenda Minutes for April 28", 2026 Motion to approve by Owens, 2nd by Horn.

Ayes: Harris, Owens, Horn
Noes: 0

Absent: Morse
Abstain: Bell
IX. Consent Calendar
a. Approve Payment of Current Warrants for May 2026
Motion to approve by Horn, 2d by Owens.

Ayes: Harris, Owens, Horn, Bell
Noes: 0

Absent: Morse
Abstain: 0
X. Agendized Items
a. Presentation by Raqueal Pacheco with Kern Council of Governments re the 2026 Regional Transportation Plan (2026 RTP)
Summary of Discussion:
• Concerns were raised by Council Member Harris regarding the crosswalk near the school, specifically that trucks traveling downhill do not slow down, creating a safety hazard for students and pedestrians. She recommended lighted crosswalks.
• Dick Albright echoed similar concerns about pedestrian safety near the Post Office, noting that vehicles often fail to reduce speed in that area as well. • John Krump provided historical context, stating that other cities previously experienced issues with maintaining lighted crosswalks. He noted that there had been a past lawsuit related to their upkeep and shared background information from his prior role as the City's representative to Kern COG.
b. Adopt an Ordinance Entitled an Ordinance of the City of Maricopa Adding Chapters 15.28 to the City of Maricopa Municipal Code by Setting Forth an Expediated Streamlined Permitting Process for Electric Vehicles Charging Stations as Required by Govt. Code Section 65850.7.

Richard Albright provided clarification regarding the exact wording of Government Code Section 65850.7, and suggested that this language be added directly into the ordinance for accuracy.

Motion to adopt by Owens, 2"d by Harris.

Ayes: Harris, Owens, Horn, Bell
Noes: 0

Absent: Morse
Abstain: 0
XI. New Business
Council discussed the availability of new homes for sale within the community. Council Member Owens referenced a prior city ordinance that prohibited the placement of homes more than 10 years old, noting that such restrictions had historically applied to manufactured or relocated homes.

Dorine clarified that California law has since changed, and that state regulations now preempt or limit local ordinances that restrict homes based solely on age, meaning the previous 10-year rule is no longer enforceable.

XII. Closed Session
None.

XIlI. Come into Open Session
Not Applicable.

XIV: Council/Staff Items
• Council Member Harris acknowledged the recent weed-abatement cleanup and thanked Code Enforcement for their work. She also reported receiving complaints regarding chickens within city limits and raised concerns about an upcoming event, noting that promotional materials state the Council will be present, even though timing and participation had not been previously discussed with the Council.
• Council Member Horn expressed concerns about the cleanup efforts, including how the Council may be perceived or held accountable for the condition of certain areas. • Council Member Bell acknowledged how well the curbside cleanup event went, noting positive community response.

XV: Adjourn
Motion to end the meeting by Horn, 2° by Owens.

Ayes: Harris, Owens, Horns, Bell
Noes: 0

Absent: Morse
Abstain: 0
The meeting is adjourned at 6:54 PM.

I certify that a copy of this agenda was posted at Maricopa City Hall, Gusher Hall, and Maricopa Post Office on May 8th, 2026.

Meghan A. Wilson, City Clerk
REPORT. : May 20 26 Wednesday City of Maricopa PAGE:

RUN....: May 20 26 Time: 10:52 Cash Disbursement Detail Report Run By.: LAURI ROBISON Check Listing for 05-26 Bank Account.: 10000 CTL.: MAR Check Check Vendor Gross Discount Net •-Payment Information-- Number Date Number Name Amount Amount Amount Invoice # Description 024346 05/05/26 AME03 AMERITAS LIFE INSURANCE C 59.8 .00 159.8 C60505 DENTAL INS.#010-58874-000

64.7 . 00 54.7 C60506 VISION INS.#010-58874-000
Check Total.. 514.60 . 00 514.60
024347 05/05/26 BRO01 BROWN & REICH 52.26 . 00 1137:96 C60505 FUEL-MEETING W/ERIC (BAKER 1137.97 . 00 C60506 FUEL-FOR P.W.YARD, #61710,
Check Total.. 1190.23 . 00 1190.23
024348 05/05/26 IES01 IES-INTERACTIVE EDUCATION 179.00 . 00 179.00 C60505 WEBSITE W/UPDATING, #18967 024349 05/05/26 KERO7 KERN COUNTY FIRE DEPT. 2477.92 . 00 2477.92 C60505 FIRE PROTECTION-2025/2026 024350 05/05/26 KER13 KERN COUNTY 157008.00 .00 157008.00 C60505 LAW ENFORCEMENT SERV. #C12 024351 05/05/26 PGE01 PG&- CFM/PPPC DEPARTMENT 1992.96 • 00 1992.96 C60505 PG&E - APRIL 2026 024352 05/05/26 TRU01 TRUE VALUE 109.88 .00 109.88 C60505 SEWER MAINT-DEGREASER; PAR 024353 05/05/26 UPL01 UPLAND CONSTRUCTION 54974.20 .00 54974.20 C60505 CA CLEAN GRANT #CCL-5201- 024354 05/05/26 VERIZ VERIZON WIRELESS 217.77 .00 217.77 C60505 PHONES/PUB. WORKS & CODE E 024355 05/14/26 BRI01 CHARTER COMMUNICATIONS 141.13 .00 141.13 C60514 RING CENTRAL/CITY HALL, MA 110.00 . 00 110.00 C60515 INTERNET/GUSHER HALL, 20£4
445.64 .00 445.64 C60516 PHONE, INTERNET, WIFI, EMAII.
129.99 .00 129.99 C60517 INTERNET/PUBLIC WORKS, MAY
Check Total.........: 826.76 .00 826.76
024356 05/14/26 WES02 WEST KERN WATER DISTRICT 24.28 .00 24.28 C60514 #012347-000, CITY HALL, 4/1 232.83 .00 232.83 C60515 #012347-001, CITY PARK, 4/1

19.69 .00 19.69 C60516 #012347-002, PUB. WORKS YAR

24.28 .00 24.28 C60517 #012386-000, GUSHER HALL, 4
142.75 .00 142.75 C60518 #012643-000, MEMORIAL PARK
Check Total......: 443.83 •00 443.83
024357 05/14/26 KER14 KERN COUNTY PUBLIC WORKS 2703.96 .00 2703.96 C60514 LANDFILL CHRGS-APR.26, CLE 024358 05/14/26 WES03 WESTSIDE WASTE MANAGEMENT 8118.00 .00 8118.00 C60514 REFUSE/CITY TRASH PICK-UP

22.60 .00 22.60 C60515 REFUSE/EXTRA SERV.-GUSHER
Check Total..........: 8140.60 .00 8140.60
024359 05/14/26 PAC01 PACE ANALYTICAL SERVICES, 367.00 .00 367.00 C60514 SEWER/WATER TEST, #2627B53 PGE01 PG&- CEM/PPPC DEPARTMENT 1218.77 .00 1218.77 C60514 SEWER/PONDS, #9157090827-6 024360 05/14/26
024361 05/14/26 LAU01 LAURI ROBISON 208.95 .00 208.95 C60514 RMA SPECIAL EXEC.MTG, 5/28 024362 05/20/26 S&BSO S&B SONS, INC 323140.25 . 00 323140.25 C60520 INVOICE#1 CERT. PAYROLL, Cash Account Total.. 555714.68 .00 555714.68
Total Disbursements. 555714.68 .00 555714.68

AGENDA ITEM
TITLE: Adopt Resolution (2026-04) Entitled A Resolution of the City Council of the City of Maricopa, California, Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 3, 2026, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; Adopt Resolution (2026-05) Entitled A Resolution Of The City Council Of The City Of Maricopa, California, Requesting The Board Of Supervisors Of The County Of Kern To Consolidate A General Municipal Election To Be Held On Tuesday, November 3, 2026, With The Statewide General Election To Be Held On The Date Pursuant To Section 10403 Of The Elections Code PROPOSED BY: Eric G. Ziegler
MEETING DATE: May 26, 2026

RECOMMENDATION

1. Motion to Adopt Resolution (2026-04) Entitled A Resolution of the City Council of the City of Maricopa, California, Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 3, 2026, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities

2. Motion to Adopt Resolution (2026-05) Entitled A Resolution of The City Council of The City of Maricopa, California, Requesting the Board of Supervisors of The County of Kern to Consolidate a General Municipal Election to Be Held on Tuesday, November 3, 2026, With the Statewide General Election to Be Held on The Date Pursuant to Section 10403 Of the Elections Code

BACKGROUND
Attached hereto are two resolutions: 1) Resolution 2026-04 Calling and giving notice of the Municipal Election, and 2) Resolution 2026-05 Requesting that the Kern County Board of Supervisors approve consolidation with the Statewide General Election to be held on Tuesday, November 3, 2026.

The nomination period will be from Monday, July 13, 2026, through Friday, August 7, 2026, for two (2) Members of the City Council and the office of City Treasurer for the full term of four (4) years. Should an incumbent elect not to file nomination papers, the closing date for nominations will be extended to 5:00 p.m., Wednesday, August 12, 2026, for that specific office. If the office is vacant, there is no extension.

A copy of the November 2026 election schedule prepared by the Kern County Elections Division is attached for informational purposes.

Staff recommends that Council adopt the proposed resolutions.

City Adm.

Approval FISCAL IMPACT:
$
Eric G. Ziegler Funds Budgeted: Yes No Amount Required
Amount Budgeted Appropriation Requested
Account Number Reviewed by Finance
KERN County Clerk
Aimee X. Espinoza
COUNTY Elections AUDITOR-CONTROLLER-COUNTY CLERK
April 29, 2026
City of Maricopa
400 California St.

Maricopa, CA 93252
Re: November 3, 2026, General Election
The Kern County Elections Division is preparing for the November 3, 2026, General Election. Enclosed is the packet with all necessary forms to gather the most current information for the candidates whose terms will be up for election. To ensure timely processing, we request that you complete the enclosed packet containing the following, as well as provide the requested documents, and return it as soon as possible, but no later than July 1", 2026.

1. Resolution requesting consolidation submitted by August 7, 2026.

2. District Request for Consolidated Election Services.

Notice of Elective Offices to be Filled.

4. A copy of the governing board's Conflict of Interest Code.

5. A map specifying the boundaries of the district, and of the divisions, if any.

6. District's completed packet checklist.

The Notice of Elective Offices to be Filled form is to be reviewed and signed by the District Secretary and the original returned to our Some important dates:

July 1" (E-125) No later than this date the District Secretary shall deliver a notice containing: 1) elective offices, 2) candidate statement word limitation (200 or 400 words), 3) designated party responsible for statement cost (candidate or district) and 4) requirement to pay in advance, I cost is payable by candidate.

August 7 (E-88) No later than this date, the District shall provide the Board of Supervisors, and a copy to the Elections Division, a resolution calling for consolidation with the statewide election as outlined in Election Code 10403.

The nomination period begins Monday, July 13th, 2026, and closes Friday, August 7", 2026, at 5:00 pm.

If your board has made appointments to fill vacancies, please bear in mind that the person appointed to fill a vacancy shall hold office only until the next regularly scheduled election. This means that where an appointment has been made to replace a governing board member whose term would have been up for election in 2028, an election must be held this coming November to fill the unexpired portion of the term (Government Code §1780, Education Code §5091).

For questions, call our office at (661) 868-3590, or contact:

Joshua Luna Laura Cantu Jennifer Jordan
Elections Process Coordinator Assistant Registrar of Voters Elections Division Manager [email protected] [email protected] [email protected] For more election information, and to view our guides, please visit www.KernVote.com.

Sincerely,
Aimee X. Espinoza
Auditor-Controller-County Clerk-Registrar of Voters

GROUNDED & BOUNDLESS
1115 Truxtun Ave, 1" Floor, Bakersfield, CA. 93301 | 661.868.3590 | [email protected] | 661.868.3588 | www.kerncountyclerk.com RECEIVED
MAY NS 2028
E-DATES DATES November 3, 2026, Statewide General Election

CALENDAR OF EVENTS
E-180 Thursday ADJUSTED JURISDICTION MAP
May 7, 2026 Last day to make changes to divisional boundaries for districts using district-based elections for the election of member(s) to its board (EC § 22000).

E-148 Monday GOVERNOR'S PROCLAMATION
June 8, 2026 No later than this date, the Governor shall issue the General Election proclamation (EC § 12000).

E-131 Thursday STATEWIDE MEASURES - QUALIFICATION FOR BALLOT PLACEMENT June 25, 2026 Last day for initiative or legislative measure to qualify for General Election ballot (EC § 9040).

E-127 Monday CITY NOTICE OF ELECTION
June 29, 2026 Between these dates, a city shall publish its Notice of Election, stating the offices to be to
E-113 Monday filled and time of election. The city elections official shall consolidate the Notice of Election and the Notice of City Measures into one notice if the measure was placed on July 13, 2026
the ballot prior to the Notice of Election's publication (EC §S 12101, 12111 & GC § 6061).

E-125 Wednesday NOTICE OF DISTRICT BOUNDARIES
July 1, 2026 Last day for special districts to provide a map showing the boundaries of the district and the boundaries of the decisions of the district, if any, within that county (EC § 10522).

SPECIAL DISTRICT VACANCIES
Last day for special districts governed by the Uniform District Election Law to notify county elections official of offices to be filled, specifying which offices, if any, are tor the balance of an unexpired term, decisions regarding payment of candidate statements, and a statement indicating in which divisions a director is to be elected and whether any elected officer is to be elected at large (EC §S 10509).

E-123 Friday* INDEPENDENCE DAY
July 3, 2026 HOLIDAY - ELECTIONS DIVISION WILL BE CLOSED E-123 Friday* ADOPTION OF GOVERNING BOARD MEMBER ELECTION RESOLUTION (SCHOOL July 3, 2026 DISTRICTS)
Last day for governing boards to adopt a resolution calling the school district governing board member election and setting forth the specifications of the election order. Copies shall be filed with the county superintendent of schools and county elections official (Ed C § 5322).
*Certain days will fall on weekends or holidays - Elections Division will not be open on those days.

E-120 Monday ADOPTION OF ELECTION RESOLUTION (FOR OFFICE CONTESTS) July 6, 2026 Recommended last day for City Council to adopt resolution calling a General or Special Municipal Election for city elected officials.

CITY RESOLUTION - CANDIDATE STATEMENTS
Last day for City Council to adopt a resolution determining or amending the word limitation for Candidate Statements (200 or 400 words) and whether advance payment is required (EC §13307).

FORMAL NOTICE OF GOVERNING BOARD MEMBER ELECTION (SCHOOL AND

COMMUNITY COLLEGE DISTRICTS)
Last day for the county superintendent of schools to deliver copies of the formal notice of governing board member election to the county elections official (Ed C § 5324).

SCHOOL DISTRICT VACANCY
Last day for the county superintendent of schools to deliver a copy of the official order and formal notice of election of governing board members to the county elections official (Ed C § 5325(b)).

E-120 Monday COUNTY NOTICE OF ELECTION
to July 6, 2026 The Registrar of Voters must publish once in a newspaper of general circulation, the -
E-90 Notice of Election. The notice shall contain the date of the election; the offices for Wednesday which candidates may file; the qualifications for each office; when and where August 5, 2026 Declarations of Candidacy may be obtained; and that appointment to each elective office will be made as prescribed by Elections Code 10515 in the event there are no nominees or an insufficient number of nominees for such office and a petition for an election is not filed within the time period prescribed by the Elections Code Section 10515.

Between these dates, the Registrar of Voters shall issue a general press release which shall set forth the district elective offices to be filled and a telephone number that voters may use to obtain information for the elective district office. (EC §§ 12112, 12113 & GC § 6061 & Ed C § 5363).

E-113 Monday NOMINATION PERIOD
July 13, 2026 First and last day for candidates to file nomination documents to
E-88 Friday (EC §S 10220, 10224, 10407).

August 7, 2026 CANDIDATE STATEMENTS
Between these dates, candidates may file a Candidate Statement not to exceed the word limitation (200 or 400 words) for inclusion in the County Voter Information Guide.

The statement shall be filed no later than the last day to file nomination documents (EC §S 13307, 10540).

CANDIDATE STATEMENTS - CONGRESSIONAL AND STATE LEGISLATIVE

CANDIDATES
Between these dates, candidates for United States Representative may purchase space to place a statement in the County Voter Information Guide. State legislative candidates must agree to voluntarily limit their campaign expenditures. The statement shall not exceed 250 words. If office is to be voted on in more than (1) county, the candidate should file a statement with each county (EC § 13307.5 & GC § 85601(c)) E-113 Monday NOTICE OF ELECTION - PUBLICATION
July 13, 2026 On or before this date, the elections official shall publish a Notice of Election (EC § 12101 and GC § 6061).

E-98 Tuesday CHANGE OF CANDIDATE DESIGNATION ON BALLOT
July 28, 2026
Last day that any nominated candidate may request, in writing, a different ballot designation than used in the primary election. For the Federal and State offices, the written request should be made to both the Secretary of State and the county elections official. For local offices, the request should be filed with the county elections officials *Certain days will fall on weekends or holidays - Elections Division will not be open on those days.

E-92 Monday NOTICE OF RANDOMIZED ALPHABET DRAWING
August 3, 2026 Last day to notify the news media and other interested parties of the date, time, and place of the drawing to be held (EC § 13112(c)).

E-88 Friday NOMINATION DOCUMENTS - DEADLINE DATE
(5PM) August 7, 2026 Last day for candidates to file nomination documents (EC §S 10220, 10224, 10407, 10510).

CANDIDATE WITHDRAWAL
Last day for candidates whose Declaration of Candidacy has already been filed to withdraw (EC § 10224).

CONSOLIDATION OF ELECTIONS
Last day the city clerk can file a resolution with the board of supervisors and the elections official requesting consolidation with the election. A resolution placing a measure on the ballot shall contain the ballot wording, which cannot exceed 75 words (EC §S 10401, 10403).

CANDIDATE STATEMENTS FOR CITY, COUNTY OR DISTRICT CANDIDATES Last day for candidates to file a statement not to exceed the word limitation (200 or 400 words). Statement shall be filed by no later than the last day to file nomination documents (EC § 13307).

NOTE: Candidate statements are ONLY included in the Official Sample Ballot Booklet and will NOT be included in the Vote by Mail material.

CANDIDATE STATEMENTS - CONGRESSIONAL AND STATE LEGISLATIVE OFFICE
Last day for congressional and state legislative office candidates to purchase space to place a statement in the Official Sample Ballot booklet. State legislative candidates must agree to voluntarily limit their campaign expenditures. The statement shall not exceed 250 words. If office is to be voted on in more than (1) county, the candidate should file a statement with each county (EC § 13307.5 & GC §S 85400, 85601).

NOTICE OF APPOINTMENT PUBLICATION (SCHOOL AND COMMUNITY COLLEGE

DISTRICTS)
After this date, if no one has been nominated to the office, a notice stating that the governing board intends to make an appointment and the procedures for applying for the office shall be published once in a newspaper of general circulation in the district (Ed C § 5328.5).

COUNTY MEASURES - FISCAL IMPACT STATEMENT
Last day for board of supervisors to order a county measure to appear on the ballot and direct the county auditor to review the county measure to determine its financial effect and prepare a fiscal impact statement
(EC § 9160(c)).

REQUEST/OPT-OUT CONFIDENTIAL STATUS
Recommended last day for candidates to opt out of confidential status when filing their Declaration of Candidacy.

FORM 700 - CANDIDATE STATEMENT OF ECONOMIC INTEREST
Every candidate for an elective office that is designated in a conflict-of-interest code shall file a statement disclosing his or her investments, business positions, interests in real property, and income received during the immediately preceding 12 months, as enumerated in the disclosure requirements for that position. Candidates must file a Form 700 no later than 5:00 pm. (GC §S 87200, 87201).

E-87 Saturday* NOMINATION EXTENSION PERIOD (IF INCUMBENTS DO NOT FILE) to August 8, 2026 If nomination documents for an incumbent are not filed by 5:00 p.m. on E-88, the E-83 Wednesday nomination period shall be extended from E-87 until E-83 at 5:00 p.m. for persons other than the incumbent (EC § 10516).
(5PM) August 12, 2026
NOTE: The extension does not apply where there is no incumbent eligible to be elected.
*Certain days will fall on weekends or holidays - Elections Division will not be open on those days.

E-87 Saturday* PUBLIC EXAMINATION PERIOD
to August 8, 2026 During this period, candidate statements, candidate names, and ballot designations will E-78 Monday be available for public examination. A fee may be charged to any candidate/person August 17, 2026 obtaining a copy of the material. Between these dates, any person may file a writ of mandate or an injunction to require any or all the material in a Candidate Statement be amended or deleted (EC §S 13313, 13314).

E-83 Wednesday WRITE-IN PETITION TO PLACE JUDICIAL OFFICE ON BALLOT August 12, 2026 If the office did not appear on the Primary Election ballot, a petition containing signatures of 600 registered voters qualified to vote for the office must be filed to place the office on the General Election ballot (EC § 8203 (b)).

PETITION TO HOLD ELECTION - HEALTH CARE, MUNICIPAL WATER,

RECREATION AND PARK, AND SCHOOL DISTRICTS
Last day to file a petition signed by 10% or 50 voters (whichever is the smaller number) in the district, trustee area, or division requesting that an election be held if nominees do not exceed offices to be filled
(EC § 10515 & Ed C § 5326).

APPOINTMENTS IN LIEU - HEALTH CARE, MUNICIPAL WATER, RECREATION AND

PARTY ENDORSEMENT LIST
The chair of any qualified political party may provide a written copy of the list of candidates endorsed or nominated by the party. Such a list shall be provided no later than 83 days prior to the election at which the candidate for a voter-nominated office will appear on the ballot (EC § 13302(b)).

E-82 Thursday RANDOMIZED ALPHABET DRAWING BY SECRETARY OF STATE August 13, 2026 The Secretary of State shall hold a public drawing to determine the order of candidate names to appear on the ballot by randomly drawing each letter of the alphabet (EC § 13112).

RANDOMIZED ALPHABET DRAWING BY ELECTIONS DIVISION
A public drawing shall be held to determine the order of candidate names on the ballot for state legislative districts that encompass more than one county by randomly drawing each letter of the alphabet (EC § 13111(i)).

E-81 Friday CONSOLIDATED MUNICIPAL ELECTION - CANDIDATE NAMES AND August 14, 2026 STATEMENTS
No later than this date, the city clerk shall deliver to the county elections official a certified list of qualified candidate names and ballot designations (EC § 10403).

A legible copy of each candidate statement to be included in the County Voter Information Guide shall be delivered to the county elections official by this date.

NOTE: The name of the candidate statement MUST match the name on the certified list of qualified candidates.

E-75 Thursday CANCELLED ELECTION DUE TO INSUFFICIENT NUMBER OF CANDIDATES August 20, 2026 Last day to make appointments) in lieu of election when an insufficient number of candidates file for the office. If an appointments) is not made, the election shall be held (EC § 10229).

NOTE: The city clerk must notify the county elections official immediately of cancelled elections.

E-60 Friday MILITARY OR OVERSEAS VOTER APPLICATION
September 4, 2026
First day to receive or transmit applications for military or overseas voter ballots.

Applications received prior to this date shall be kept and processed on or after this date, (EC §§ 300(b), 321, 3102, 3105, 3114).

E-57 Monday*
September 7, 2026 LABOR DAY

HOLIDAY - ELECTIONS DIVISON WILL BE CLOSED
*Certain days will fall on weekends or holidays - Elections Division will not be open on those days.

E-57 Monday STATEMENT OF WRITE-IN CANDIDACY
September 7, 2026 A name written on a ballot will not be counted unless the person has filed a Statement to
E-14 Tuesday of Write-In Candidacy and sponsor signatures stating that they are a write-in candidate October 20, 2026 for the election during this period (EC SS 8600, 8601, 10103).

E-45 Saturday MILITARY OR OVERSEAS VOTER APPLICATIONS AND BALLOTS September 19, 2026 Last day to receive applications for military or overseas voter ballots.

Last day to transmit ballots and balloting materials to absent military or overseas voters who have requested them by this date. Applications received after this date shall be processed and transmitted as soon as practicable, (EC § 3114) E-40 Thursday MAILING OF OFFICIAL SAMPLE BALLOT BOOKLETS to September 24, 2026 An Official Sample Ballot Booklet shall be mailed to each voter in the jurisdiction no later E-21 Tuesday than 21 days before the election (EC § 13303).

October 13, 2026
/E-29 Monday POLL SITE STAFF APPOINTMENT
October 5, 2026 Last day to appoint staff and designate poll sites. A notice of appointment shall be mailed to all staff (EC §S 12286, 12307, 12319).

MAILING OF VOTE BY MAIL BALLOTS
No later than 29 days before the day of the election, the county elections officials shall begin mailing the materials required by (EC §§ 3000.5, 3001, 3010).

PROCESSING VOTE BY MAIL BALLOTS
The processing of vote by mail ballots may commence on the 29th business day before the election, but the results of the tally shall not be released until after the poll sites close (EC § 15101).

E-15 Monday DEADLINE TO REGISTER
October 19, 2026 Last day to transfer or register to vote at a poll site in the election (EC § 2102).

E-14 Tuesday CONDITIONAL VOTER REGISTRATION
to October 20 2026 Conditional Voter Registration in the Elections Division only E-1 Monday (EC §S 2170, 2171).

November 2, 2026
E-10 Saturday* CENTRAL COUNT LOCATION - PUBLICATION
October 24, 2026 On or before this date, a notice specifying the public place to be used as a central count location for counting the ballots shall be published once in a newspaper of general circulation within the city (EC § 12109).

E-7 Tuesday NOTICE OF LIST OF NOMINEES - PUBLICATION
October 27, 2026 On or before this date, the City Clerk shall publish a list of nominees once in a newspaper of general circulation within the city (EC § 12110 & GC § 6061).

E-3 Saturday OFFICE OPEN
October 31, 2026 Elections Division open 8:00 a.m. - 2:00 p.m. (EC § 3016.3). *Certain days will fall on weekends or holidays - Elections Division will not be open on those days.

E-0 Tuesday ELECTION DAY
November 3, 2026 Polling Sites open at 7:00 a.m. and close at 8:00 p.m. (EC SS 1200, 14212).

CONDITIONAL VOTER REGISTRATION
Conditional Voter Registration at Poll Sites and in the Elections Division (EC §S 2170-2171).

VOTE BY MAIL BALLOTS RETURNED - 8:00 P.M.

Last day for vote-by-mail ballots to be postmarked, received by the elections official, or turned in personally by the voter at any polling site or drop box in the jurisdiction (EC § 3020).

Any vote-by-mail ballot cast under this division shall be timely cast if it is postmarked and received via the U.S.P.S or a bona fide private mail delivery company no later than 7 days after election day (EC § 3020(b)).

UNOPPOSED INCUMBENT CANDIDATES
On this date, unopposed incumbent candidates for the offices of superior court judge who filed for office but whose names did not appear on the Primary or General Election ballots shall be declared elected (EC § 8203).

E+7 Tuesday VOTE-BY-MAIL BALLOTS RETURNED BY MAIL
November 10, 2026 Last day for elections official to receive and count ballots returned by mail. Ballots must be postmarked on or before the date of the election (EC § 3020(b), (c)).

E+8 Wednesday*
November 11, 2026 VETERANS DAY

HOLIDAY - ELECTIONS DIVISON WILL BE CLOSED
E+22 Wednesday NOTICE TO CURE DEADLINE
November 25, 2026
Last day to provide all voters identified as having a signature on their voter record that did not compare with signature on the vote-by-mail identification envelope or they failed to sign the vote-by-mail envelope a notice of the opportunity to provide a signature no later than 5:00p.m. on November 25, 2026 (E+22)*
A 'signature verification statement' or combined statement can be submitted in person, or by mail, email, or fax (EC § 3019(d)(1)(A), (e)(1)(A), (i (1).

E+30 Thursday COMPLETION OF OFFICIAL CANVASS
December 3, 2026 The county elections official shall prepare a certified statement of the results of the election and submit it to each jurisdiction within 30 days of the election (EC §S 15301, 15372).
*Certain days will fall on weekends or holidays - Elections Division will not be open on those days.

RESOLUTION 2026-04
A Resolution of the City Council of the City Of Maricopa, California, Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 3, 2026, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of
California Relating to General Law Cities.

WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 3, 2026, for the election of Municipal Officers.

NOW, THEREFORE, the City Council of the City of Maricopa, California, does resolve, declare, determine and order as follows:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Maricopa, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of electing two (2) Members of the City Council and a City Treasurer for the full term of four (4) years.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter and supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day, when the polls shall be closed.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. )
SECTION 6. That notice of the time and place of holding the election is given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.

ADOPTED, SIGNED AND APPROVED THIS 26th DAY OF MAY, 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:

City Council of Maricopa, California
By_
CORY MORSE, Mayor
ATTEST: APPROVED AS TO FORM :

By By
MEGHAN WILSON, City Clerk ALAN PEAKE, City Attorney
State of California)
County of Kern
City of Maricopa)
1, Meghan Wilson, City Clerk of the City of Maricopa, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2026-04, which was duly and regularly adopted and passed at a Regular Meeting of the City Council of the City of Maricopa on the 26th day of May 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

MEGHAN WILSON, City Clerk
RESOLUTION NO. 2026-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARICOPA,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF KERN TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, WITH THE STATEWIDE

GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.

WHEREAS, the City Council of the City of Maricopa called a General Municipal Election to be held on Tuesday, November 3, 2026, for the purpose of the election of two (2) Members of the City Council and the office of City Treasurer for the full term of four (4) years; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date, and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Kern canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW. THEREFORE, the City Council of the City of Maricopa does hereby resolve, declare, determine, and order as follows:

SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Kern is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of the election of two (2) Members of the City Council, and a City Treasurer for the full term of four (4) years.

SECTION 2. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election and only one form of ballot shall be used.

SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of Maricopa recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs.

SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Kern.

ADOPTED, SIGNED AND APPROVED THIS 26* DAY OF MAY, 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:

City of Maricopa, California
By.

CORY MORSE, Mayor
ATTEST: APPROVED AS TO FORM:

By By
MEGHAN WILSON, City Clerk ALAN PEAKE, City Attorney
State of California)
County of Kern )
City of Maricopa )
1, Meghan Wilson, City Clerk of the City of Maricopa, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2026-05, which was duly and regularly adopted and passed at a Regular Meeting of the City Council of the City of Maricopa on the 26 day of Ma 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

DATED:

MEGHAN WILSON, City Clerk

AGENDA ITEM
TITLE: Approve Third Amendment to Franchise Agreement Between City of Maricopa and Westside Vaste Management Company, Inc. For Solid Waste Collection and Disposal Services date anuary 5, 2012, and authorize the Mayor and City Clerk to execute the Agreement on Behal PROPOSED BY: Eric G. Ziegler
MEETING DATE: May 26, 2026

RECOMMENDATION
Motion to Approve Third Amendment to Franchise Agreement Between City of Maricopa and Westside Waste Management Company, Inc. For Solid Waste Collection and Disposal Services dated January 5, 2012, and authorize the Mayor and City Clerk to execute the Agreement on Behalf of the City

BACKGROUND
In January,2012, the Council approved a franchise agreement with Westside Waste Management Company, Inc, in which the city granted Westside Waste a seven-year franchise to collect and dispose of refuse within the corporate limits of the City of Maricopa.

On May 14, 2019, a second (2nd) amendment was approved by the council to renew the existing franchise for seven years, commencing on July 1, 2019, and expiring on June 30, 2026. The second amendment also included a rate increase restricted to cost-of-living as determined by the Consumer Price Index for the Bakersfield area, not to exceed 5%. Any rate increase granted would become effective on July 1 of that year, contingent upon successful rate case proceeding as mandated by Proposition 218.

The City's current agreement with Westside Waste Management Company is set to expire on June 30, 2026.

Due to the implementation of SB 1383 (program details attached), which became effective January 2022, the City may be required to amend its agreement to comply with CalRecycle requirements. In the event the City is required to implement recycling and/or organic recycling services, the proposed amendment will extend the current agreement by one year to allow sufficient time to finalize the necessary service provisions and compliance requirements.

Amendment three (3) will extend the current agreement beginning July 1, 2026, and ending on June 30, 2027.

Once CalRecycle requirements and implementation details are finalized, a fourth (4) amendment to the agreement will be presented for Council decision.

Staff recommends that Council favorably consider a motion to Approve Third Amendment To Franchise Agreement Between City Of Maricopa And Westside Waste Management Company, Inc. For Solid Waste Collection and Disposal Services dated January 5, 2012, and authorize the Mayor and City Clerk to execute the Agreement on Behalf of the City
City Adm.

Approval FISCAL IMPACT:
$
LINo
Eric G. Ziegler Funds Budgeted: Yes Amount Required
Amount Budgeted Appropriation Requested
Account Number Reviewed by Finance

THIRD AMENDMENT TO FRANCHISE AGREEMENT BETWEEN THE CITY OF MARICOPA AND WESTSIDE WASTE MANAGEMENT COMPANY, INC. FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES DATED JANUARY 5, 2012 That certain AGREEMENT between the CITY OF MARICOPA, a municipal corporation, organized and existing under the general laws of the State of California (hereinafter referred to as "CITY"); and WESTSIDE WASTE MANAGEMENT CO., INC., a California Corporation (hereinafter referred to as "COLLECTOR") for Solid Waste Collection and Disposal Services dated January 5, 2012, is hereby amended as follows:

1.5 Term
The term of this Agreement shall be extended for a period of one (1) year commencing July 1, 2026 and ending on June 30, 2027. Notwithstanding the foregoing, the unexcused failure or refusal of COLLECTOR to perform any material term, covenant, obligation or condition contained in the Agreement shall give rise to the right, in favor of CITY, to terminate this Agreement for cause in accordance with the procedures elsewhere contained herein.

All other terms and conditions of the Agreement which are not expressly modified by this amendment shall remain in full force and effect.

Executed the date and year herein above stated.

WESTSIDE WASTE MANAGEMENT CO., INC. a California Corporation Date:

By:

Its:

CITY OF MARICOPA
Date:

By: _
Cory Morse, Mayor
ATTEST:

By:

Laura Robison, Deputy City Clerk
APPROVED AS TO CONTENT AND FORM:

By:

Alan Peake, City Attorney
SB 1383 CalRecycle Program - Key Details
SB 1383 is California's statewide law to reduce landfill methane emissions and divert organic waste, with CalRecycle setting the regulatory standards. It took effect January 1, 2022, and requires all residents and businesses to separate organics from trash Goals
• Reduce organic waste disposal by 50% by 2020 and 75% by 2025 (based on 2014 levels)
• Recover at least 20% of edible food currently thrown away for human consumption by 2025
Who It Applies To
• All residents (single-family homes and multifamily complexes of 5+ units) • All businesses (including commercial kitchens, restaurants, and large facilities) Collection Requirements
• Single-family homes & multifamily <5 units: Must participate in local curbside organics collection and sort waste into correct containers
• Multifamily ≥5 units: Must either:
• Join the jurisdiction's organics curbside program, or • Provide adequate, labeled containers and educate residents/tenants on sorting • Businesses: Must place organic waste and recyclables containers in all disposal areas (except restrooms)
The Three-Container System
• Green: Organic waste (food scraps, yard trimmings, food-soiled paper, etc.) • Blue: Recyclables (paper, wood, textiles, printing paper) • Gray: Landfill waste (everything else)
Some areas use a brown bin for food waste in addition to green What Counts as Organic Waste
• Food scraps, green material, landscape/pruning waste, organic textiles/carpets, lumber, wood, paper products, manure, biosolids, digestate, sludge Compliance & Penalties
• Local jurisdictions can issue penalties for noncompliance starting January 1, 2024 • Businesses must verify self-haul status or be enrolled in the local program

SECOND AMENDMENT TO FRANCHISE AGREEMENT BETWEEN CITY OF MARICOPA AND WESTSIDE WASTE MANAGEMENT COMPANY, INC. FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES DATED JANUARY 5, 2012 That certain AGREEMENT between the CITY OF MARICOPA, a municipal corporation, organized and existing under the general laws of the State of California (hereinafter referred to as "CITY"); and WESTSIDE WASTE MANAGEMENT CO., INC., a California Corporation (hereinafter referred to as "COLLECTOR) for Solid Waste Collection and Disposal Services dated January 5, 2012, is hereby amended as follows:

1.5 Term
The term of this Agreement shall be extended for a period of seven (7) years commencing July 1, 2019 and ending on June 30 30, 2026. Notwithstanding the foregoing, the unexcused failure or refusal of COLLECTOR to perform any material term, covenant, obligation or condition contained in the Agreement shall give rise to the right, in favor of CITY, to terminate this Agreement for cause in accordance with the procedures elsewhere contained herein.

3.4.7 Residential-Bulky Goods Collection
COLLECTOR shall provide curbside collection of bulky items such as couches, rugs, refrigerators, water heaters, up to four tied bundles of tree trimmings not to exceed 72" in length, 48" in diameter, or 60 lbs., and other items of Solid Waste not suitable for automated collection due to their size or weight at least once each month, as follows:

Upon request, each resident shall be provided an on demand collection of bulky items twice per year at no additional cost. Requests by residents for such collections shall be made directly to COLLECTOR, who shall provide satisfactory telephone message receiving, transmitting and response procedures, and who shall be responsible for maintaining a log of such large item collections. Requests for bulky item collection service shall be scheduled and fulfilled within a reasonable time, but not more than ten (10) business days after such request is received. Requests for more than two (2) on-demand collections per year shall be accommodated by COLLECTOR at a cost to resident not exceeding twenty-five dollars ($25.00) per collection. Such fees shall be collected from resident by COLLECTOR before service is provided.

Bulky Geeds collected by COLLECTOR may not be landfilled er dispesed of until the following hierarchy has been fellewed by COLLECTOR:

1. Reuse as is (if energy efficient)

2. Disassemble fer reuse er Recycling

3. Recycle

4. Dispesal:

COLLECTOR agrees to develop and carry out a community relations program approved by the City Administrator of CITY for information related to Bulky Goods services including publication of an annual calendar mailed to each resident specifying monthly bulky waste pick-up dates.

3.16.3 Street Blocked by Materials
When material is placed in the street or alley in such a way that the collection vehicle cannot proceed down the street, COLLECTOR may notify CITY. CITY will attempt to locate the individual responsible for the material and have them remove it. However, if the responsible party cannot be located, COLLECTOR shall remove the material blocking the alley or street, to the extent it is reasonably possible to do so, and collect the Solid Waste and Recyclable Materials as scheduled.

4.2 Compensation to Collector
Effective July 1, 2019 CITY shall remit to Company the sum of $8118 per month payable on the last business day of each month which represents full payment for non- commercial, non-industrial accounts within CITY.

COLLECTOR shall be responsible for monthly billing of commercial and industrial accounts at rates approved by CITY. Billings shall include full cost of refuse collection and disposal as well as the full cost of landfill gate fees charged by Kern County COLLECTOR shall submit quarterly reports to of all commercial and industrial accounts to CITY. Such reports shall include line item billings for refuse collection and disposal and for landfill gate fees charged by Kern County as well as for the cost of special services provided to each commercial and industrial account as requested by , commercial or industrial customers.

4.3 Annual Rate Increases
Company may request rate increases once a year commencing in 2021 during the month of January to reflect ordinary changes in the cost of doing business, as measured by fluctuations of the Consumer Price Index (CPI), published by the U.S.

Department of Labor, Bureau of Labor Statistics, for the Bakersfield area, subject to City Council approval. The fees or compensation may be increased in a percentage amount no greater than the net percentage change in said CPI, computed as the difference between the index from February of the previous year to February of the current year, not to exceed five percent (5%), except as otherwise provided under the terms of this Agreement. Such rate increase request shall be documented in a manner approved by City Administrator of CITY who may establish a rate application information verification process by which cost increases, particular expenses, operating ratios, and return on investment may be determined. Any rate increase granted pursuant hereto shall be effective on July 1 of that year contingent upon successful rate case proceeding as mandated by Proposition 218.

All other terms and conditions of the Agreement which are not expressly modified by this amendment shall remain in full force and effect
Executed the date and year herein above stated.

WESTSIDE WASTE MANAGEMENT CO., INC.,
a California Corporation
Date: 6 13-19 By: Bob f. Herplu
Its:_
Date:

By: _
Its:__

CITY OF MARICOPA
Dalo.5/1/19 By: X aru Mock
Gary Mock, Mayor
ATTEST:
„Rama Rola
Laura Robison, Deputy City Clerk
APPROVEDÁS TO CONTENT AND FORM:

By.

Alan Peace, City Attorney

FRANCHISE AGREEMENT BETWEEN CITY OF MARICOPA AND WESTSIDE WASTE
MANAGEMENT COMPANY, INC. FOR SOLID WASTE COLLECTION AND

DISPOSAL SERVICES
THIS AGREEMENT is made and entered into this 5th day of January, 2012 at Maricopa, Kern County, California by and between the CITY OF MARICOPA, a municipal corporation, organized and existing under the general laws of the State of California (hereinafter referred to as "CITY"); and WESTSIDE WASTE MANAGEMENT CO., INC., a California Corporation (hereinafter referred to as "COLLECTOR) each of whom agrees as follows:

RECITALS:

This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties:

A. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 and subsequent amendments thereto (Public Resources Code Section 49100, et seq.; hereinafter the "Act") established a solid waste management process which requires cities and other local jurisdictions to implement source reduction, reuse and recycling as integrated waste management practices; and B. The Act authorizes and requires local agencies to make adequate provisions for solid waste handling within their jurisdictions; and
C. Pursuant to Sections 40059, 49300 and 49500-49523 of the Public Resources Code, CITY is authorized to enter into an exclusive agreement for the collection and disposal of solid waste; and
D. CITY and COLLECTOR are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of solid waste, including the Act, the Resource Conservation and Recovery Act ("RCRA") 42 U.S.C. Sections 6901 et seq., and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. Sections 9601 et seq.; and
E. Pursuant to this Agreement and in accordance with applicable provisions of the Maricopa Municipal Code, CITY desires to engage COLLECTOR as an independent contractor, to provide exclusive solid waste handling services within the corporate limits of CITY.

COLLECTOR shall furnish all personnel, equipment and supplies necessary to collect, pick up, or otherwise remove and dispose of all solid waste, as defined herein, generated or accumulated by all places or premises within the CITY, except as otherwise specifically provided herein.

F. CITY and COLLECTOR desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, CITY is not thereby becoming a "generator" or an "arranger" as those terms are used in the context of CERCLA Section 107(a)(3), and that it is COLLECTOR, not CITY, which is "arranging for" the collection of solid waste, greenwaste and recyclable materials from residential and commercial/industrial premises within the corporate limits of CITY, the transport of same for disposal and the recycling of recyclable materials; and G. COLLECTOR has represented and warranted to CITY that it has the experience, responsibility, and qualifications to conduct recycling programs, and to arrange with residential householders commercial/industrial business owners in the City of Maricopa for the collection, safe transport and disposal of solid waste and greenwaste which may inadvertently contain hazardous substances.

ARTICLE I.

PARTIES; EXCLUSIVE RIGHTS

1.1 Parties to the Agreement
The parties to this Agreement are:

CITY: The City of Maricopa, a municipal corporation, having its principal office at 400 California Street, Maricopa, California 93252-0550 COLLECTOR: Westside Waste Management Co., Inc., a California Corporation, having its principal place of busines al 26782 Cedar Stret, Marisapa, California

1.2 Representatives of the Parties
The representatives of the parties who are primarily responsible for the administration of this Agreement, and to whom formal notices, demands and communications shall be given, are as The principal representative of CITY shall be:

City Manager
City of Maricopa
400 California Street
Maricopa, California 93252-0550
The principal representative of COLLECTOR shall be:

Bob J. Hampton
Westside Waste Management Co., Inc.

P.O. Box 104
Maricopa, CA 93268

1.3 Service of Notices
Formal notices, demands and communications to be given hereunder by either party shall be made in writing and shall be effective upon the date of personal delivery or, in the case of mailing, on the date of delivery or attempted delivery as shown on the U.S. Postal Service certified mail return receipt.

If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person is changed, written notice shall be given within five (5) working days of the change.
2 1.4 Issuance of Franchise/Exclusive Rights
Subject to the terms and conditions of this Agreement, and applicable state laws, CITY hereby grants and issues to COLLECTOR the exclusive authority, right and privilege to collect, pick-up, gather, remove and dispose of all Solid Waste, Greenwaste, and Recyclable materials generated or accumulated on every place or premises within the corporate limit of CITY, for the term of this Agreement, unless earlier terminated as provided herein.

COLLECTOR waives any right it may have to challenge the terms of this Agreement under federal, state or local law. COLLECTOR waives any right or claim to provide Solid Waste handling services or recycling within the corporate limit of CITY under any prior grant of license or permit, including any right under Section 49520 of the Public Resources Code.

1.5 Term
The term of this Agreement shall be for a period of seven (7) years and three (3) months commencing on April 1, 2012 and ending on June 30 30, 2019. Notwithstanding the foregoing, the unexcused failure or refusal of COLLECTOR to perform any material term, covenant, obligation or condition contained in the Agreement shall give rise to the right, in favor of CITY, to terminate this Agreement for cause in accordance with the procedures elsewhere contained herein.

ARTICLE II.

DEFINITIONS
Definitions
The definitions set forth in Section 8-03--1 of Chapter 8 of the Maricopa Municipal Code are incorporated herein by this reference. In addition, the following definitions are hereby incorporated into this Agreement:
"Control" shall mean, for purposes of Section 6.2 of this Agreement, the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a corporation, partnership, joint venture, or other association. "Environmental Statutes" shall mean, for purposes of this. Agreement, 42 United States Code Sections 9600, et seq., 42 U.S.C. Sections 6901 et seq., California Health and Safety Code Sections 25300, et seq., or successor statutes.
"Gross Receipts" means any and all monies or compensation in any form received from Residential and Commercial/Industrial service recipients for services provided pursuant to this Agreement, and any and all monies received from the marketing of recyclables, including but not limited to California Redemption Values.
"Household Hazardous Waste Element" or "HHWE" means the element required by Public Resources Code Section 41500 and officially adopted by CITY. "Service Area" shall mean all the area within the corporate boundaries of the City of Maricopa. 3 "Source Reduction and Recycling Element" or "SRRE" means the element required by Public Resources Code Section 41000, et seq. and officially adopted by CITY.

ARTICLE III.

COLLECTOR'S OBLIGATIONS

3.1 Governing Requirements
COLLECTOR shall acquire and maintain all necessary permits and licenses, and shall comply with all provisions of this Agreement, the Maricopa Municipal Code (including, but not limited to, Title 8, Chapter 8.03 which is incorporated herein by this reference), and all other applicable laws, rules and implementing regulations, all as they, from time to time, may be amended, specifically including, but not limited to the Act; CERCLA; RCRA, and the Americans With Disabilities Act (42 U.S.C. 12101 through 12213).

3.2 Performance Security
Concurrently with execution of this Agreement, COLLECTOR shall deliver to CITY a cash payment or bond in the amount of $10,000, as security for performance of its obligations hereunder. If the performance security is in the form of a bond or letter of credit, it shall be issued by a bank or surety acceptable to CITY, and shall be in form acceptable to CITY. The performance security shall be maintained in effect throughout the term of this Agreement.

3.3 Quantity
COLLECTOR shall collect all non-hazardous Solid Waste generated and presented for collection at each place or premises within the corporate limit of CITY in conformity with the provisions of this Agreement.

3.4 Collection From Residential Premises

3.4.1 Mechanized Collection of Solid Waste
The COLLECTOR shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide mechanized collection of Solid Waste from residential premises within the CITY.
4 3.4.2 Collector to Provide Containers for Collection
COLLECTOR shall provide Containers for mechanized collection to all residential premises within corporate limits of CITY. Such containers shall be of sufficient size and quantity that Solid Waste does not accumulate on any residential premises for longer then one (1) week.

It shall be the duty of COLLECTOR to clean and maintain containers and bins in a sanitary manner taking into consideration reasonably expected wear and tear. This requirement does not eliminate the responsibility of COLLECTOR to clean with greater frequency if City Manager of CITY determines that such cleaning is required to abate a health nuisance or maintain the attractive appearance of the community. COLLECTOR shall maintain good repair of all containers furnished to customers. Steam cleaning and repair of containers furnished to customers shall occur at least annually, or as needed.

Any graffiti, vandalism, damage, or disrepair of any collection container provided in accordance with the terms of this Agreement shall be promptly repaired. Except as provided by the Maricopa Municipal Code or by resolution of the City Council, all such maintenance, repair, steam cleaning and repainting shall be at the COLLECTOR'S expense.

COLLECTOR shall have containers available in sufficient sizes and quantities to satisfactorily meet customer demand for such containers. Other containers which appear to have value in the storage and collection of refuse or recyclables may be proposed by the COLLECTOR to the City Manager of CITY during the course of this Agreement. If approved, such containers may be substituted for the appropriate container or added to the range of containers offered to customers.

COLLECTOR may reject for collection any resident-furnished container or bag which is in violation of this provision of this agreement or of the Maricopa Municipal Code.

Immediately upon determining that said container or bag shall not be picked up, COLLECTOR shall affix a tag or sticker on the container or bag. Said tag or sticker, provided at COLLECTOR expense, shall be at least 2" x 6" in size, and specifically state the reason for the refusal to collect. Such tag or sticker shall also state the CITY ordinance or provision of this Agreement which has been violated, the name, address, telephone number and business hours of the COLLECTOR, and the date service is refused. COLLECTOR shall maintain a record of the placement of such tags or stickers, and notify the City Manager of CITY of each incident within two working days.

COLLECTOR may request that City Manager of CITY resolve any issue, complaint, or dispute arising from the condition or placement of containers or bags.

3.4.3 Frequency of Collection - Residential Premises
COLLECTOR shall collect all residential Solid Waste on a regular schedule that shall specify the days during which collection will occur in CITY. All residential Solid Waste shall be collected twice each week, on the same days during each week, except as otherwise provided herein. Not later than January 15 of each year, commencing in 2012, COLLECTOR shall submit to City Manager of CITY its proposed collection schedule for 5 the ensuing calendar year. The schedule is subject to the City Manager's approval. The schedule shall indicate all regularly scheduled collection days which fall on a holiday and the collection day which is proposed to be substituted therefor so as to ensure that collection shall take place twice each week. Commencing in 2012, COLLECTOR shall mail to each property within corporate limits of CITY a flier or brochure stating the collection schedule within CITY. Such mailing shall be made at COLLECTOR'S expense and shall be completed prior to January 30 of each year.

3.4.4 Post-Holiday Collection
If a collection day shall fall on a holiday, COLLECTOR shall provide collection service on the day following the holiday. COLLECTOR may delay scheduled collections that follow the day after a holiday, provided that no collection is delayed more than twenty-four (24) hours, and all collection activity is as it is normally scheduled within four (4) days of the holiday.

When a collection day should fall on a holiday following a weekend (three-day weekend) COLLECTOR may, subject to approval by City Manager of CITY, provide an alternative collection day either the day before or the day after the three-day weekend In all cases when, due to a holiday, collection cannot occur on the regularly scheduled collection day, COLLECTOR shall at its own expense publish a prominent notice in the local newspaper to that effect, detailing how collection schedules shall differ during and after the day or days in which no collection is made. Such notice shall be published at least twice commencing at least seven (7) days prior to the holiday, and continue until collection service has returned to the normal schedule.

3.4.5 COLLECTOR Observation of Holidays
COLLECTOR shall not be required to collect refuse or recyclables on those holidays on which the County landfill, or other designated disposal site or facility, is closed COLLECTOR offices may observe New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day holidays.

3.4.6 No Commingling of Residential Waste with Commercial/Industrial Waste COLLECTOR shall collect and dispose of refuse generated by residential customers within corporate limit of CITY separately from refuse generated by commercial and industrial accounts within corporate limits of CITY and from refuse collected outside corporate limit of CITY.

3.4.7 Residential-Bulky Goods Collection
COLLECTOR shall provide curbside collection of bulky items such as couches, rugs, refrigerators, water heaters, up to four tied bundles of tree trimmings not to exceed 72" in length, 48" in diameter, or 60 Ibs., and other items of Solid Waste not suitable for automated collection due to their size or weight, as follows:

Upon request, each resident shall be provided an on demand collection of bulky items twice per year at no additional cost. Requests by residents for such collections shall be made directly to COLLECTOR, who shall provide satisfactory telephone message receiving, transmitting and response procedures, and who shall be responsible for maintaining a log of such large item collections. Requests for bulky item collection service shall be fulfilled within a reasonable time, but no more than two (2) business days after such request is received. Requests for more than two (2) on-demand collections per year shall be accommodated by COLLECTOR at a cost to resident not exceeding twenty-five dollars ($25.00) per collection.

Bulky Goods collected by COLLECTOR may not be landfilled or disposed of until the following hierarchy has been followed by COLLECTOR:

1. Reuse as is (if energy efficient)
2 Disassemble for reuse or Recycling

3. Recycle
Disposal.

COLLECTOR agrees to develop and carry out a community relations program approved by the City Manager of CITY for information related to Bulky Goods services.

3.4.8 COLLECTOR shall patrol all alleys and streets (in those areas which are without alleys) within corporate limit of CITY and shall remove accumulated refuse and debris, including Greenwaste and bulky items, therefrom at least once each month.

3.5 Collection From Commercial/Industrial Premises

3.5.1 Collection Services
COLLECTOR shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide Solid Waste and recyclables collection for commercial/industrial premises within the corporate limit CITY.

3.5.2 City to Provide Bins/Frequency of Collection
CITY shall be responsible for maintaining and for providing to COLLECTOR accurate and timely records of all commercial/industrial accounts within corporate limit of CITY, Such information shall include but not be limited to, customer name, service address, number of containers to be provided to each customer and frequency of pickup for each customer.

As provided by Title 8, Chapter 8.03 of the Maricopa Municipal Code and/or by resolution of City Council of CITY, City Manager of CITY may make a determination that, in order to protect the public health, safety, and welfare, and to promote compliance with the laws of the State of California, COLLECTOR may be required to furnish containers in sufficient size and quantity to contain in the proper manner, with lid closed, all of the refuse and recyclables generated between collection periods, and/or to determine a greater frequency of pick up for a particular customer. In such instances, CITY will bill and make reasonable effort to collect all appropriate fees and charges for such service. 7 3.5.3 Commercial/Industrial Recycling Program
COLLECTOR shall make available commercial/industrial recycling services.

COLLECTOR will provide all personnel, equipment, recycling bins, supplies and services required for the collection of recyclable materials at commercial/industrial premises within corporate limit of CITY, and for the processing, transportation and marketing thereof, on such terms and conditions and for such consideration as may hereafter be agreed upon by commercial/industrial business owners and COLLECTOR, subject to prior approval by City Manager of CITY.

3.5.4 No Commingling of City and County Refuse
COLLECTOR shall collect and dispose of refuse generated within the corporate limit of CITY separately from refuse generated by residential and commercial/industrial customers outside corporate limit of CITY.

3.6 City-Owned Facilities
COLLECTOR shall collect and properly dispose of or recycle all Solid Waste and Recyclable materials from all CITY owned facilities. These services shall be provided at COLLECTOR'S expense, with no charge to CITY.

3.7 Bi-Annual City Cleanup
Twice each year, CITY has a citywide cleanup effort wherein the CITY encourages residents (non- commercial) to dispose of any bulky or accumulated refuse. COLLECTOR shall, at no additional charge, provide attended roll-off bodies located at the direction of City Manager of CITY, so as to provide for the collection and removal of such items. The COLLECTOR shall not be required to provide more than two such attended locations during each cleanup day. Cleanup Days are typically held on Saturdays, in May and October, to correspond with those days when the County landfill or other waste facility may waive gate fees on the disposal of refuse. 8 3.8 Christmas Tree Collection
To accommodate Christmas tree recycling, COLLECTOR shall, at no additional charge, provide separate curbside Christmas tree collection services at least once during the season for each residential customer on their regular refuse collection day. The COLLECTOR shall also provide for drop-off of Christmas trees at the COLLECTOR'S facility from the first day of business after Christmas Day and for no less than ten days after New Year's Day. The COLLECTOR shall make a reasonable effort to accommodate the collection of Christmas trees for recycling from multi- family residential customers.

COLLECTOR shall, at no additional charge, transport collected and dropped-off Christmas trees to a site for recycling as directed by City Manger of CITY, such site to be no greater than twenty-five (25) miles from Maricopa City Hall. Publicity for the biannual cleanup and Christmas tree recycling shall be the responsibility of CITY.

3.9 Special Events
Upon request, COLLECTOR shall provide Solid Waste and Recyclable materials collection to special events conducted by the CITY, at COLLECTOR'S expense, with no charge to the CITY.

Such service shall be limited to five (5) such events each calendar year.

3.10 Containers
All Containers shall be replaced upright, where found. Neither COLLECTOR nor COLLECTOR'S agents and/or employees shall in any way break, damage or roughly handle the Containers.

Repairs to Containers, including replacement of wheels, lids, hinges, axles and handles, shall be the responsibility of the COLLECTOR.

3.11 Solid Waste Disposal

3.11.1 COLLECTOR shall dispose of all collected Solid Waste at COLLECTOR'S expense and in accordance with all state, federal and local laws and regulations.

3.11.2 COLLECTOR shall deposit all Solid Waste collected within corporate limit of CITY at the County of Kern landfill commonly known as the Taft Landfill, or at such other place as the City Manager of CITY may authorize.

3.12 Equipment

3.12.1 COLLECTOR warrants that it shall provide an adequate number of vehicles and equipment for the collection, disposal and transportation services for which it is responsible under this Agreement.

CITY retains option to sell to COLLECTOR certain equipment, as specified in Exhibit "C", attached hereto and incorporated herein by this reference. Should CITY elect to exercise this option, equipment will be conveyed as is, without warranty, for a purchase price equal to agreed upon Fair Market Value said equipment. The parties hereto agree to 9 execute whatever documents are necessary to effectuate the conveyance contemplated by this section 3.11.2.

3.12.3 To protect peace and quiet in residential areas, the noise level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed seventy-five (75) decibels at a distance of twenty-five (25) feet from the collection vehicle measured at an elevation of five (5) feet above ground level.

3.12.4 All equipment used by COLLECTOR to perform work under this Agreement shall conform to industry standard and shall be maintained in a clean and efficient condition. All motor vehicles used in implementing this Agreement shall comply with applicable provisions of the Municipal Code. All certificates generated from California Highway Patrol inspections of each vehicle shall be submitted to the City Manager of CITY by January 15th during each year of the Agreement term. All vehicles and bins used to perform this Agreement shall be kept clean, in good repair and will be uniformly painted to the satisfaction of the City Manager of CITY. All vehicles shall be cleaned, both inside and out, not less than once weekly. Any Solid Waste or miscellaneous debris dropped or spilled in collection, transfer or transportation shall be immediately cleaned up by COLLECTOR. A broom and a shovel shall be carried at all times on each vehicle for this purpose.

3.12.5 COLLECTOR shall not store any vehicle on any public street or upon other non-industrial property within the corporate limit of CITY or in adjoining areas of Kern County.

3.12.6 COLLECTOR shall institute a complete and comprehensive system of preventative maintenance on all vehicles and equipment and shall keep them lubricated and in good repair. COLLECTOR shall use no trucks older than ten (10) years in the work without the express approval of the City Manager of CITY. Vehicles shall be thoroughly washed and disinfected inside the collection body each day and the outside of each vehicle shall be cleaned and washed not less then once a week.

In the event of a mechanical malfunction or other breakdown of any collection vehicle which occurs while in use by COLLECTOR performing in accordance with the terms of this contract, COLLECTOR may complete minor repairs or adjustments for such items as tires, fuel and oil while on a public street or alley provided that the vehicle is stopped on the street or alley for no more than thirty minutes, and further provided that the vehicle or equipment is outside traffic lanes and at the curb; does not interfere with or impede the flow of traffic or commerce; pose a hazard, leak or otherwise mar or cause damage to public or private property; constitute a nuisance; or create an unsafe obstruction or danger to the public.

In all other cases, malfunctioning, disabled, leaking or inoperable vehicles operated by COLLECTOR shall be immediately removed by COLLECTOR from any highway, street or alley within the corporate limit of CITY or any customer's driveway or private property and not returned to service until it is completely repaired.

3.13 Personnel of COLLECTOR

3.13.1 During the life of this Agreement, COLLECTOR shall employ sufficient personnel qualified by reason of education, training and experience to discharge adequately the services agreed to be performed by COLLECTOR pursuant to the terms of this Agreement. 10 COLLECTOR shall provide a level of service acceptable to City Manager of CITY and personnel retained to perform this Agreement will be temperate, competent, and otherwise fully qualified to fulfill the obligations of COLLECTOR. COLLECTOR shall provide regular and continuing training to its personnel (including but not limited to safety training) to insure that an acceptable quality of service is provided at all times.

3.13.2 All employees of COLLECTOR performing services under this Agreement shall be dressed in clean uniforms at all times while engaged in the work; such uniforms shall display COLLECTOR'S corporate name and the employee's name or a numbered badge thereon. No portion of this uniform may be removed while working.

3.13.3 COLLECTOR shall not discriminate during the performance of this Agreement against any employee or applicant for employment because of the employee's or applicant's race, religion, national origin, ancestry, sex, age, disability, marital status, or sexual orientation.

3.14 Sanitation and Performance Requirements

3.14.1 COLLECTOR shall not litter any premises or public property in making collections pursuant to this Agreement, nor shall any Solid Waste or Recyclable Materials be allowed to leak, blow or fall from collection vehicles. Any Solid Waste or miscellaneous debris dropped or spilled in collection, transfer or transportation shall be immediately cleaned up by COLLECTOR. A broom and a shovel shall be carried at all times on each vehicle for this purpose.

3.14.2 COLLECTOR shall, without delay after removing Solid Waste or Recyclable Materials from any container, replace the container in its designated position on the premises with its cover on, and shall repair or replace at COLLECTOR'S expense, any containers damaged as a result of its handling thereof, normal wear and tear excepted.

3.14.3 COLLECTOR shall close all gates after making collections and shall avoid crossing private or public planted areas and climbing or jumping over hedges and fences.

3.15 No Unnecessary Noise
COLLECTOR'S personnel shall make all collections in a quiet and orderly manner and shall refrain from making unnecessary disturbances and noise. COLLECTOR shall utilize equipment available to minimize noise and shall incorporate noise control features in its equipment, as may be directed by the City Manager of CITY.

3.16 Collection Impediments
COLLECTOR shall provide regularly scheduled twice weekly Refuse collection service to each Place or Premises within the Service Area. When Solid Waste is not collected from any residential or commercial/industrial service recipient as a result of a Collection Impediment, COLLECTOR shall notify the service recipient and City Manager of CITY in writing, within twenty-four (24) hours, why the collection was not made.

3.16.1 Rain or Natural Disaster
11 Some streets and alleys become impassable during periods of heavy or prolonged rain, or due to a natural disaster. When COLLECTOR determines that collection vehicles can no longer provide service in the street or alley, COLLECTOR shall:
(a) Notify the City Manager of CITY, giving location of the impassable streets) or alley (s).
(b) Notify residents that collection service will be available temporarily at the entrance to the street or alley location.
(c) Notify the City Manager of CITY when the street or alley is returned to service, and return containers if applicable.
(d) Notify the residents of the date that collection service will again be delivered in the street or alley location.

3.16.2 Infrastructure Renovation
Periodically major renovation is necessary to maintain the infrastructure of CITY. This includes such activities as replacing gas, water and/or sewer lines; storm drains; surfacing or resurfacing streets, and replacing wiring for telephone, electricity, or cable television.

If CITY is notified in advance of these activities, CITY will notify COLLECTOR. However, it is not uncommon for work to be initiated without prior notification to CITY.

COLLECTOR must provide alternate collection service during this period of disruption.

Each circumstance must be evaluated individually to determine the appropriate alternative. City Manager of CITY shall be notified by COLLECTOR of the nature of the disruption, its location, and the alternative employed to provide service.

3.16.3 Street Blocked by Materials
When material is placed in the street or alley in such a way that the collection vehicle cannot proceed down the street, COLLECTOR may notify CITY. CITY will attempt to locate the individual responsible for the material and have them remove it. However, if the responsible party cannot be located, COLLECTOR shall remove the material blocking the alley or street and collect the Solid Waste and Recyclable Materials as scheduled.

3.17 Noncollection
When any Solid Waste and/or Recyclable Materials deposited for collection are not collected by COLLECTOR, the driver shall leave a tag attached to the container or non-collected item, indicating the reason(s) for refusal to collect the materials. This information shall either be in writing or by means of a check system. If the noncollection results from a Collection Impediment, the service recipient shall be notified pursuant to the procedures set forth in Section 3.16.

3.17.2 COLLECTOR shall maintain, at its place of business, a logbook listing all tagged items.

The logbook shall contain the names and addresses of the parties involved, and date of such tagging, nature of same and date and manner of disposition of each case. Such log 12 shall be kept so that it may be conveniently inspected by representatives of CITY upon request. Such log shall be retained for the term of this Agreement.

3.18 Records

3.18.1 COLLECTOR shall keep an auditable journal recording each instance that Solid Waste is not collected in compliance with the terms of this Agreement or applicable ordinance or regulation. COLLECTOR shall inform the customer of the reason for non-collection by notice attached to the container or other non-collected item.

3.18.2 COLLECTOR shall compile and keep the following information for each month during the quarter and shall deliver a written report thereon, signed by an officer of COLLECTOR, to the CITY Manager on a quarterly basis within thirty (30) days after the end of each quarter:
(a) total tons of Solid Waste collected pursuant to the Agreement; (b) number of Residential Premises served pursuant to the Agreement; (c) number of Commercial/industrial Premises served;
(d) number of complaints received;
(e) number of missed collections reported to COLLECTOR; the name, address and telephone number of each Solid Waste disposal facility used by COLLECTOR during the reporting month;
(g) copies of waste disposal facility weight tickets/invoices which indicate the net amount of all waste disposed of during the reporting month and where the waste was disposed of, by route;
(h) the complaint log described in Section 3.18.3.
(i) A quarterly listing of all accounts, including the number and size of all containers and the number of times serviced on a weekly or monthly

3.18.3 COLLECTOR shall keep a formal, auditable record of all complaints received, including the resolution accorded each complaint and upon request shall notify CITY of each complaint and its final disposition.
13 3.18.4 The refusal or failure of COLLECTOR to file any of the reports required, or to provide required information to CITY, or the inclusion of any false or misleading statement or representation by COLLECTOR in such report shall be deemed a material breach of this Agreement, and shall subject COLLECTOR to all remedies, legal or equitable, which are available to CITY under this Agreement or otherwise.

3.18.5 In order to verify reports of disposal amounts collected by COLLECTOR from each designated route, CITY shall be entitled to conduct an audit of any designated route upon demand. The audit demand will be made by the CITY by telephone two (2) business days prior to the regularly scheduled collection day of the designated route. Telephone notice shall be followed by written notice or facsimile transmission (Fax) to the COLLECTOR.

The audit demand shall entitle the CITY to conduct a physical route audit of any or all designated routes for the purposes of verifying customers served, disposal amounts collected, and any other information as may be deemed necessary and beneficial to the CITY. The standard route audit will include minimally: (1) verification that the collection vehicle is empty when beginning the route; (2) verification of the addresses which are served by the designated collection vehicle; (3) verification of the landfill to which the Solid Waste is taken; and (4) the quantity of Solid Waste in tons collected from the designated route.

3.19 Insurance and Indemnification

3.19.1 COLLECTOR shall carry Commercial General Liability insurance for the term of this Agreement in an amount not less than Two Million Dollars ($2,000,000) aggregate, One Million Dollars ($1,000,000) per occurrence, for each year within the term of this Agreement.

COLLECTOR shall carry Automobile Liability insurance for the term of this Agreement in an amount not less than $1,000,000 per accident for bodily injury and property damage.

COLLECTOR additionally shall provide Workers' Compensation insurance for its employees or shall have been issued a certificate to self insure in accordance with California state law. All public liability insurance obtained by COLLECTOR shall name as an additional insured the City of Maricopa, its officers, agents and employees and shall require that ninety (90) days' written notice be given prior to the reduction or modification of the limits or cancellation or expiration of the policy. COLLECTOR shall provide CITY with a certificate or certificates showing that the required insurance will be in effect at least thirty (30) days in advance of the first day COLLECTOR will perform services under this Agreement. No work shall be done by COLLECTOR during any period when COLLECTOR is not covered by insurance as required by this Section 3.19.1. In the event COLLECTOR does any work while not covered by the insurance, CITY may immediately terminate this Agreement without providing the thirty (30) days' written notice required by Section 5.1.

3.19.2 COLLECTOR shall indemnify, defend with counsel acceptable to CITY and hold harmless CITY, its officers, agents and employees from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any 14 person, firm, corporation or property for damage, injury or death arising out of or connected with COLLECTOR'S performance of its obligations pursuant to this Agreement, or arising from or attributable to any alleged breach of warranty of merchantability or fitness of purpose or other laws relating to product liability for Recyclable materials collected pursuant to this Agreement, or to the repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous substance or Hazardous waste at any place where COLLECTOR transfers, stores or disposes of Solid Waste pursuant to this Agreement, or its activities pursuant to this Agreement result in a release of Hazardous waste into the environment. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA," 42 U.S.C. Section 9607(e), and California Health and Safety Code Section 25364, to protect, defend, hold harmless and indemnify CITY.

COLLECTOR'S obligation to indemnify, defend and hold harmless CITY as stated herein above shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of CITY'S choice in representing CITY in connection with any such claims, losses, lawsuits or actions. In connection with claims, liability, lawsuits or actions arising out of the Environmental Statutes, this clause shall not restrict any rights CITY has against COLLECTOR, including, but not limited to, the right of contribution, pursuant to the Environmental Statutes. THIS PROVISION SHALL SURVIVE THE EXPIRATION OF

THE PERIOD DURING WHICH COLLECTION SERVICES ARE TO BE PROVIDED UNDER THIS AGREEMENT.

3.20 Privacy

3.20.1 COLLECTOR shall strictly observe and protect the rights of privacy of residential service recipients. Information identifying individual residential service recipients, or the composition or contents of a customer's Solid Waste or Recyclable materials shall not be revealed to any person, governmental unit, private agency or COLLECTOR, unless upon the authority of a law enforcement agency or court of law, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude COLLECTOR from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by the Act.

3.20.2 COLLECTOR shall not market or distribute mailing lists with the names and addresses of residential service recipients.

3.20.3 The rights accorded residential service recipients pursuant to this Section 3.20 shall be in addition to any other privacy rights accorded residential service recipients pursuant to federal or state law.

3.21 Hazardous Waste Notifications
COLLECTOR has represented to CITY that COLLECTOR will carry out its duties to notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and Local Emergency Response Providers, and, if appropriate, the National Response Center, of reportable quantities of Hazardous Waste, found or observed by COLLECTOR anywhere within corporate limit of CITY, including on, in, under or about municipally owned property, municipal easements and/or rights of way and in municipal waste containers. In addition to other required 15 notifications, if COLLECTOR observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Waste unlawfully disposed of or released on city-owned property, streets, storm drains, or public rights of way, COLLECTOR also will immediately notify City Manager of CITY and the Kern County Fire Department, Maricopa Station. Notwithstanding the above, COLLECTOR has no obligation to collect Hazardous waste pursuant to this Agreement.

COLLECTOR shall provide written information regarding household and other Hazardous Waste to all customers upon initially beginning service and on a yearly basis thereafter. This information shall specify what types of waste may and may not be disposed of through routine collection procedures, the availability of household Hazardous Waste collection programs, the tagging procedure if Hazardous Waste is found in the customer's deposited waste, and other pertinent information. Examples of household Hazardous Waste include, but are not limited to, used motor oil, oil-based paint, paint thinner, automotive products and aerosol containers.

COLLECTOR shall conduct yearly training programs for its waste collection employees to instruct them in determining what is Hazardous Waste, to advise them to be aware of and locate, if possible, Hazardous Waste items when undertaking their collection of Solid Waste and Recyclable materials within corporate limit of CITY, to follow proper procedures by tagging Hazardous Waste items as "Hazardous - Special Handling Required" and to advise customers of the various legal alternatives for disposal. COLLECTOR shall keep a record of all customers who have received a tag for depositing Hazardous Waste items.

COLLECTOR shall not be required to filter through and thoroughly inspect the Solid Waste disposed of in trash cans or trash bins by municipal residents and commercial/industrial establishments in order to ensure it does not contain any Hazardous waste. COLLECTOR, however, shall take all reasonable steps to avoid collecting Hazardous waste and shall refuse to collect and dispose of any such waste of which it becomes aware.

3.22 Ownership of Solid Waste and Recyclable Materials
Ownership and the right to possession of Solid Waste, Greenwaste and Recyclable materials placed in containers for collection at the usual place of collection, transfer directly from the resident or from commercial/industrial enterprise to COLLECTOR, by Public Resources Code Sections 41950 and 41951. COLLECTOR shall notify all service recipients, in a manner acceptable to the City Manager of CITY, of the provisions of Public Resources Code Sections 41950 and 41951, to the effect that, subject to the right of the service recipient to claim lost property, title and the right to possession, and liability for all Recyclable materials and all Solid Waste and Greenwaste, whether or not recyclable, which is set out for collection on the regularly scheduled collection day shall pass to COLLECTOR at the time it is set out. Subject to the provisions of this Agreement, COLLECTOR shall have the right to retain any benefit or profit resulting from its right to retain, recycle, compost, dispose of or use the Solid Waste or Recyclable materials which it collects. At no time does CITY obtain any right of ownership or possession of Solid Waste, Greenwaste or Recyclable materials placed for collection, and nothing in this Agreement shall be construed as giving rise to any inference that CITY has any such rights. CITY and COLLECTOR agree that, for purposes of the Uniform Commercial Code and all other laws imposing liability for defective products, it is COLLECTOR, and not CITY which is to be considered the "merchant" of goods recycled pursuant to this Agreement. 16 3.23 Performance Monitoring
City Manager of CITY shall have the right to observe and review COLLECTOR'S operations. CITY shall also have the right to enter COLLECTOR'S premises at all reasonable hours and with reasonable notice for the purposes of such observation and review. COLLECTOR will allow a representative of CITY to ride with Collection vehicles on any route or routes, upon receipt of a request thereto by 3 p.m. of the working day prior to the date(s) of route monitoring. Each representative of CITY shall execute liability waivers prior to riding in COLLECTOR'S vehicles. No representative of CITY shall have the right to give orders to agents or employees of COLLECTOR during any such monitoring ride along.

3.24 Annual Review of Performance and Quality of Service

3.24.1 At CITY'S sole option, within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, CITY may hold a public hearing at which COLLECTOR shall be present and shall participate, to review COLLECTOR'S performance and quality of service. The reports required by this Agreement shall be utilized as the basis for review. In addition, any customer may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered.

3.24.2 Within thirty (30) days after the conclusion of the public hearing, CITY shall issue a report with respect to the adequacy of performance and quality of service. If any noncompliance with the Agreement is found, CITY may direct COLLECTOR to correct the inadequacies in accordance with Section 5.2.

3.24.3 Nothing in this Section 3.24 shall limit the rights of CITY to enforce its rights pursuant to Article V of this Agreement, in the event of a default by COLLECTOR.

3.25 System and Services Review
In addition to the Annual Review of Performance and Quality of Service pursuant to Section 3.24, CITY shall have the right to invoke the System and Services Review procedures set forth in this Section 3.25. This review is designed to provide for technological, economic and regulatory changes in Solid waste collection and recycling, to promote competition in the industry and to achieve a continuing, advanced Solid Waste collection and recycling system.

3.25.1 At CITY'S sole option, CITY may hold a public hearing on or about the first anniversary date of the Agreement, to review collection and recycling systems and services. CITY may schedule subsequent System and Services Review hearings each year thereafter. It is CITY'S intent to conduct any System and Services Review concurrently with any Annual Review of Performance and Quality of Service as provided for in Section 3.24.

3.25.2 Sixty (60) days after receiving notice from CITY that CITY is exercising its rights under this Section 3.25, COLLECTOR shall submit a report to CITY indicating the following:

Changes recommended to improve CITY'S ability to meet the goals of the Act; (b) Any specific plans for provision of such new services by COLLECTOR, or a 17 justification indicating why COLLECTOR believes that such services are not feasible for CITY.

3.25.3 Topics for discussion and review at the System and Services Review hearing shall include, but shall not be limited to, services provided, customer complaints, rights of privacy, amendments to the Agreement, developments in the law, and new initiatives for meeting or exceeding the Act's goals and regulatory constraints.

3.25.4 CITY and COLLECTOR may each select additional topics for discussion at any System and Services Review hearing.

3.25.5 Not later than sixty (60) days after the conclusion of each System and Services Review hearing, COLLECTOR shall issue a report. The report shall address services not being provided to CITY that are considered technically and economically feasible by CITY.

CITY may require COLLECTOR to provide such services within a reasonable time, for reasonable compensation.

3.26 Mandated Operational Changes
CITY shall have the right to require changes in collection or disposal methods and COLLECTOR shall comply therewith. If such changes result in increased or decreased costs to COLLECTOR, COLLECTOR may adjust the rates accordingly. The parties agree that the intent of this Section

3.26 is to authorize COLLECTOR to amortize any additional costs associated with any required changes, and to allow customers to receive the savings resulting from any decreased costs associated with any required changes.

3.27 Complaints
COLLECTOR shall investigate and remedy all service complaints within two (2) business days of the time the complaint was received by COLLECTOR.

3.28 Solid Waste Management Plan

3.28.1 The parties acknowledge and agree that the Act requires CITY to develop and implement a Solid Waste Management Plan that includes, among other components, a Source Reduction and Recycling Element ("SRRE") and a Household Hazardous Waste Element ("HHWE"). CITY'S SRRE and HHWE, as they now exist or may subsequently be amended, are incorporated herein by this reference. By executing this Agreement, COLLECTOR acknowledges receipt of a copy of the SRRE and HHWE.

3.28.2 COLLECTOR agrees to implement all provisions of CITY'S SRRE and HHWE as set forth in this Agreement, such that CITY shall achieve compliance with the Act. COLLECTOR'S obligations hereunder shall include, without limitation, the development, in cooperation with CITY, of public education and information programs relating to such policies and plans. The direct costs of implementing such programs shall be borne by COLLECTOR.

3.28.3 COLLECTOR shall cooperate with CITY, and with its consultants, in collecting and submitting such information and data as may be required for the further preparation and implementation of CITY'S SRRE and HHE, all at no cost or expense to CITY. 18 3.28.4 CITY agrees to cooperate in good faith with COLLECTOR to facilitate compliance with the Act. Such actions of CITY shall include but not be limited to the adoption and enforcement of required ordinances and local regulations, including such as may reasonably be recommended by COLLECTOR, in order to ensure compliance by residential householders and by commercial/industrial owners with the policies and programs implemented by COLLECTOR. CITY further agrees to reasonably cooperate with COLLECTOR in adopting and implementing local resource recovery and waste diversion programs, including those reasonably recommended by COLLECTOR, in order to ensure compliance with all State mandates.

3.28.5 All press releases, reports, or other documents prepared by COLLECTOR, and intended to be released to the public concerning CITY'S SRRE or HHWE, shall be subject to the prior review and approval of City Manager of CITY.

ARTICLE IV.

RATES, BILLING AND PAYMENT

4.1 Sale of Accessories
Except as expressly provided herein, COLLECTOR shall not require customers to buy bags, cans, bins or other containers from COLLECTOR as a pre-condition for collection of Solid Waste under the terms of this Agreement.

4.2 Compensation to Collector
CITY shall remit to Company the sum of $7671.60 per month payable on the last business day of each month which represents full payment for non-commercial, non-industrial accounts within CITY.

COLLECTOR shall be responsible for monthly billing off commercial and industrial accounts at rates approved by CITY. Billings shall include full cost of refuse collection and disposal as well as the full cost of landfill gate fees charged by Kern County COLLECTOR shall submit quarterly reports to of all commercial and industrial accounts to CITY. Such reports shall include line item billings for refuse collection and disposal and for landfill gate fees charged by Kern County as well as for the cost of special services provided to each commercial and industrial account as requested by commercial or industrial customers.

4.3 Annual Rate Increases
Company may request rate increases once a year commencing in 2013 during the month of March to reflect ordinary changes in the cost of doing business, as measured by fluctuations of the Consumer Price Index (CPI), published by the U.S. Department of Labor, Bureau of Labor Statistics, for the Bakersfield area, subject to City Council approval. The fees or compensation may be increased in a percentage amount no greater than the net percentage change in said CPI, computed as the difference between the index from February of the previous year to February of the current year, not to exceed five percent (5%), except as otherwise provided under the terms of Such rate increase request shall be documented in a manner approved by City 19 Manager of CITY who may establish a rate application information verification process by which cost increases, particular expenses, operating ratios, and return on investment may be determined. Ay rate increase granted pursuant hereto shall be contingent upon successful rate case proceeding as mandated by Proposition 218.

4.4 Gate Fees
Gate fees for the dumping of commercial solid waste material at the landfill are paid by the CITY, based upon the weight of commercial refuse collected by COLLECTOR. Copies of all weight tickets provided COLLECTOR at the landfill shall be provided to CITY on a monthly basis.

COLLECTOR shall evaluate the tonnage of commercial and residential solid waste being hauled to the landfill on a quarterly basis. This procedure will be reviewed with City Manager of CITY. This information is necessary to evaluate commercial fees and provide data to the Kern County Solid Waste Advisory Board.

4.5 Franchise Fee
In consideration of this Franchise Agreement, COLLECTOR shall pay to CITY an annual Franchise Fee equal to Twelve and one half (12.5) percent of COLLECTOR'S gross revenue arising within the corporate limit of CITY and arising from performing waste disposal services pursuant to provisions of this Agreement Such pavment shall be made by COLLECTOR to CITY no later than the 15" day of June and the 15' day of January each year of this Agreement commencing in June, 2012.

ARTICLE V.

BREACH AND TERMINATION

5.1 Failure to Perform
All terms and specifications of this Agreement are material and binding, and failure to perform any portion of the work described herein shall be considered a breach of this Agreement. If the COLLECTOR breaches the Agreement in any fashion, CITY may, at its option, terminate the Agreement not less than thirty (30) days after written notification to COLLECTOR of the violation and failure by COLLECTOR to remedy the violation within that time. In the event anv breach does not result in termination, but does result in costs being incurred by CITY, COLLECTOR will be held liable for all such costs.

The provisions of this Section 5.1 shall not be exclusive but shall be cumulative and in addition to any other remedies provided hereunder or pursuant to law.

5.2 Notice; Response; Resolution; Appeal

5.2.1 Notice: Response
Should City Manager of CITY determine that COLLECTOR'S performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the Act (including, but not limited to requirements for diversion, source reduction and recycling as 20 to the waste stream subject to this Agreement), or any other applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of Solid and Hazardous Waste, City Manager of CITY may advise COLLECTOR in writing of such suspected deficiencies, specifying the deficiency in reasonable detail.

City Manager of CITY, in any written Notification of Deficiencies, shall set a reasonable time within which COLLECTOR is to correct the deficiencies and respond. Unless the circumstances necessitate correction and response within a shorter period of time, COLLECTOR shall correct the deficiencies to the satisfaction of City Manager and respond to the written Notification of Deficiencies within thirty (30) days from the effective date of the Notice pursuant to Sections 1.2. and 1.3 of the Agreement. COLLECTOR may request additional time to correct deficiencies; CITY shall not unreasonably deny any such 21 5.2.2 Review by City Manager: Notice of Appeal
(a) City Manager of CITY shall review any written response from COLLECTOR and decide the matter or refer the matter to the City Council for consideration pursuant to Section 5.2.3. If City Manager's decision is adverse to COLLECTOR, City Manager may order remedial actions to cure any deficiencies, or invoke any other remedy in accordance with this Agreement and, in the event City Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. City Manager shall promptly inform COLLECTOR of any such decision. In the event the decision is adverse to COLLECTOR, the City Manager shall inform COLLECTOR, in writing, of the specific facts found and evidence relied on, and legal basis in provisions of the Agreement or other laws for the decision and any remedial action taken or ordered. An adverse decision by the City Manager of CITY shall be final and binding on COLLECTOR unless COLLECTOR files a "Notice of Appeal" with the City Clerk (with copies to the City Manager and City Attorney) within thirty (30) days of receipt of the notification of the adverse decision by City Manager. (b) In any "Notice of Appeal" to City Council, COLLECTOR shall state all its actual contentions and include any relevant affidavits, documents, photographs and videotapes, which COLLECTOR may choose to submit. In addition, COLLECTOR shall include all its legal contentions, citing provisions of the Agreement or other laws to support its contentions.

5.2.3 City Council Hearing
If a matter is referred by the City Manager of CITY to City Council, or an adverse decision of City Manager is appealed to City Council by COLLECTOR, City Council will set the matter for a hearing and act on the matter. City Clerk of CITY shall give COLLECTOR thirty (30) days written notice of the time and place of the hearing. At the hearing, City Council shall consider the administrative record, including the following:

Staff Report by City Manager, summarizing the proceedings to date and outlining the City Council's options;
(b) City Manager's written Notification of Deficiencies; (c) COLLECTOR'S response to the Notification of Deficiencies; (d) City Manager's written notification to COLLECTOR of adverse decision; (e) COLLECTOR'S Notice of Appeal to the City Clerk.

No new legal issues may be raised, or new evidence submitted by COLLECTOR at this or at any further point in the proceedings, absent a showing of good cause. COLLECTOR'S representatives and other interested persons shall have a reasonable opportunity to be heard.
22 5.2.4 City Council Determination
Based on the administrative record, City Council shall determine by resolution whether the decision or order of City Manager should be upheld. A tie vote of City Council shall be regarded as upholding the decision of City Manager. If, based upon the administrative record, the City Council determines that the performance of COLLECTOR is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, City Council, in the exercise of its discretion, may order COLLECTOR to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. City Council may not terminate the Agreement unless it determines that COLLECTOR is in material breach of a material term of this Agreement, or any material provision of any applicable federal, state or local statute or regulation.

The decision or order of City Council shall be final.

5.2.5 Continued Performance by COLLECTOR
COLLECTOR'S performance under this Agreement is not excused during the period of time prior to a final determination as to whether or not COLLECTOR'S performance is in material breach of this Agreement, or the time set by CITY for COLLECTOR to discontinue a portion or all of its services pursuant to this Agreement.

5.3 Remedies

5.3.1 Cumulative Rights
CITY'S rights to terminate this Agreement or to impose liquidated damages are in addition to any other rights of CITY upon a failure of COLLECTOR to perform its obligations under this Agreement.

5.3.2 CITY reserves the right to terminate this Agreement or impose liquidated damages in the event of any of the following:
(a) If COLLECTOR practices, or attempts to practice, any fraud or deceit upon CITY, or practiced any fraud or deceit or made any misrepresentations in the negotiations which preceded the execution of this Agreement; (b) If COLLECTOR fails to provide or maintain in full force and effect, the workers' compensation or liability and indemnification coverages as required by this Agreement;
(c) If COLLECTOR violates any orders or rulings of any regulatory body having jurisdiction relative to this Agreement, provided that COLLECTOR may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to COLLECTOR is entered;
(d) If COLLECTOR ceases to provide collection service as required under this Agreement over all or a substantial portion of its Service Area for a period of seven (7) days or more, for any reason within the control of COLLECTOR; 23 If COLLECTOR fails to make any payments required under this Agreement and/or refuses to provide CITY with required information, reports and/or test results in a timely manner as provided
in this Agreement;
(f) Any other act or omission which violates the terms, conditions or requirements of • this Agreement and which is not corrected or remedied within the time set in the written notice of the violation or, if the breach is such that it cannot be reasonably corrected or remedied within the time set forth in such notice, COLLECTOR fails to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter.

5.4 Liquidated Damages
(a) CITY finds, and COLLECTOR agrees, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which will be incurred by CITY as a result of a material breach by COLLECTOR of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (i) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. (b) Accordingly, City Council may, in its discretion, assess liquidated damages not to exceed the sum of Five Thousand Dollars ($5,000.00) per day, for each calendar day that service is not provided by COLLECTOR in accordance with this Agreement. In addition, City Council may, in its discretion, assess liquidated damages not to exceed the sum of One Hundred Fifty Dollars ($150.00) per incident, for each service complaint that is not investigated and remedied within the time set forth in Section 3.27. The amount of the liquidated damages shall be adjusted by the past year's annual percentage December-to-December change in the Consumer Price Index (CPI) for all Urban Consumers published by the U.S.

Department of Labor, Bureau of Labor Statistics, for the Bakersfield area on each anniversary of this Agreement. Should such statistics be unavailable for the Bakersfield area, the change in the Consumer Price Index for in the Los Angeles-Anaheim-Riverside area shall be used in the computation. In addition, the Council may order the termination of this Agreement. 24 (c) CITY finds, and COLLECTOR acknowledges and agrees, that the above described liquidated damage provisions represent a reasonable sum in light of all of the circumstances. These liquidated damages sums shall be applicable to each calendar day of delay during which COLLECTOR has been found by the City Council to be in breach of this Agreement. COLLECTOR shall pay any liquidated damages assessed by City Council within ten (10) working days after they are assessed.

5.5 CITY'S Additional Remedies
In addition to the remedies set forth above, CITY shall have the following rights:

5.5.1 The right to immediately suspend this Collection Agreement for an interim period of not more than sixty (60) days, and to arrange for the provision of Solid Waste or Recyclable materials handling services by another Solid Waste enterprise or person, if City Manager of CITY determines that continued operation by COLLECTOR will constitute a threat to the public health, safety or general

5.5.2 The right to license or contract with others to perform the services otherwise to be performed by COLLECTOR hereunder, or to perform such services itself; and The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by COLLECTOR, CITY may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach thereof.

ARTICLE VI.

ASSIGNMENT

6.1 Assignment of Agreement
COLLECTOR shall not assign, sell, subcontract or otherwise delegate authority to perform any portion of this Agreement without the prior express written approval of CITY. In the event of any assignment duly authorized by CITY, the assignee shall assume the liability of COLLECTOR.

6.2 Transfer of Stock or Interest
No sale, gift, or transfer of stock of COLLECTOR, which shall result in change in Control of COLLECTOR during the term of this Agreement, shall be made without prior written approval of the City Council. Violation of this provision shall be a breach of this Agreement and grounds for termination by CITY without the thirty (30) day notification requirement of Section 5.1. 25 6.3 Bankruptcy
If COLLECTOR shall at any time during the term of this Agreement become insolvent, or if proceedings in bankruptcy shall be instituted by or against COLLECTOR, or if COLLECTOR shall be adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of COLLECTOR shall be appointed in any suit or proceeding brought by or against COLLECTOR, or if COLLECTOR shall make an assignment for the benefit of creditors, then and in each and every such case, this Agreement shall immediately cease, terminate, and be canceled upon written notice by CITY and without the necessity of suit or other proceeding.

6.4 Eligibility for Assignment or Transfer
COLLECTOR acknowledges that it was eligible to be awarded this Agreement because COLLECTOR meets certain criteria. COLLECTOR agrees and acknowledges that CITY will not approve an assignment or transfer of ownership to a COLLECTOR failing to meet the same criteria, which are listed below:

6.4.1 The firm must already be providing service within the surrounding geographical area. The firm must have an excellent record of performance within its service areas.

6.4.2 The firm shall be large enough and have sufficient resources and up-to-date equipment to handle the work and meet the requirements of CITY.

ARTICLE VIL.

MISCELLANEOUS

7.1 Construction
As used in this Agreement, and as the context may require, the singular includes the plural and vice versa and the masculine gender includes the feminine and neuter and vice versa.

7.2 Independent Contractor
COLLECTOR and the agents and employees of COLLECTOR in the performance of this Agreement shall act in an independent capacity and not as officers or employees or agents of CITY

7.3 Severability
If any part of this Agreement is invalid, the remaining terms and conditions shall not be affected unless their enforcement under the circumstances would be unreasonable, inequitable or otherwise frustrate the purposes of this Agreement.
26 7.4 Captions and References
The captions of the sections and subsections of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and the interpretation of this Agreement.

References herein to a section or subsection are to the sections and subsections of this Agreement.

7.5 Time of the Essence
Time is of the essence with respect to this Agreement and each and every term and condition hereof.

7.6 No Oral Modifications
This Agreement supersedes all prior proposals, agreements and understandings between the parties and may not be changed or terminated orally, and no change or termination of, or attempt to waive, any of the provisions hereof shall be binding unless in writing and signed by the parties against whom the same is sought to be enforced.

7.7 Force Majeure
COLLECTOR shall not be in default under this Agreement in the event that the collection, transportation and/or disposal services are temporarily interrupted for any of the following reasons: riots; war or national emergency declared by the President or Congress and affecting the City of Maricopa; civil disturbance; explosion; natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events which are beyond the reasonable control of COLLECTOR or other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform (collectively, Enforced Delays), provided, however, that the party claiming the extension notify the other party in writing of the nature of the matter constituting the Enforced Delay within ten (10) days after the occurrence of the Enforced Delay.

Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of time reasonable in light of the Enforced Delay and shall commence to run from the time of the commencement of the cause. "Other catastrophic events" does not include the financial inability of COLLECTOR to perform or failure of COLLECTOR to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public agency, even where such failure occurs despite the exercise of reasonable diligence by COLLECTOR.

7.8 Property Damage
Normal wear and tear from general vehicular traffic excepted, COLLECTOR shall be responsible for damage to streets, roads and ways in the CITY or any public property in the CITY, whether or not paved, resulting from the operation of COLLECTOR'S vehicles providing collection services within CITY. Any physical damage caused by the negligent or willful acts or omissions of employees of COLLECTOR to streets, roads and ways in the CITY or any public property in the CITY shall be expeditiously repaired or replaced by COLLECTOR, at COLLECTOR'S sole expense.
27 7.9 Law to Govern; Venue
The law of the State of California shall govern this Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Kern. In the event of litigation in a U.S. District Court exclusive venue shall lie in the Central District of California.

7.10 Fees and Gratuities
Neither COLLECTOR nor any of its officers, agents or employees, shall request, solicit, demand or accept, either directly or indirectly, any compensation or gratuity other than as set forth in this Agreement for the collection of Solid Waste, Recyclable materials and Greenwaste otherwise required to be collected under this Agreement.

7.11 Attorney's Fees
In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including actual attorney's fees and costs, including costs of expert witnesses and consultants, discovery costs, and costs on

7.12 Amendments
This Agreement is part of CITY'S efforts to comply with the provisions of the Act, as it from time to time may be amended; the regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended; and CITY'S Source Reduction and Recycling and Household Hazardous Waste Elements, as they from time to time may be amended. In the event that the Act or other state or federal laws or regulations or court decisions enacted or issued after the execution of this Agreement prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Except as otherwise provided in this Agreement, no other amendment of this Agreement shall be valid unless in writing duly executed by the parties.

7.13 Joint Drafting
Each party has cooperated in the drafting and preparation of this Agreement with the aid of legal counsel. Hence, in any construction to be made in this Agreement, it shall not be construed against either party.
28 7.14 Execution in Counterparts
This Agreement may be executed in counterparts and, when each party has signed and delivered at least one such counterparts, each counterpart shall be deemed an original and all counterparts taken together shall constitute one and the agreement.

Executed the date and year herein above stated.

WESTSIDE WASTE MANAGEMENT CO., INC.,
a California Corporation
Date: on But J. Neptin
HIs: PRESEDENT lOWNER
Date: By: _
Its:_

CITY OF MARICOPA
Date:_
Gary Mock, Mayor
ATTEST:

Laura d-Kolaison
sailY. Bullard, GITY Clerk Deputy City Clerk
APPROVED AS TO CONTENT AND FORM:
29