Maricopa City Council Agenda
Tuesday, September 22, 2026
6:00 PM
Location: Gusher Hall, 271 California Street, Maricopa, CA 93252 Also available through Zoom Video Conferencing:
https://zoom/us.join Meeting ID:867 2835 7297 Passcode:117668 Call to Order and Pledge of Allegiance
II. Roll Call
Mayor Cory Morse Interim City Administrator Lauri Robison 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
V. Council Reports/Statements
a. Report by Public Safety/Sheriff Department/Fire Department b. City Clerk Meghan Wilson
c. City Treasurer Dorine Horn
d. Interim City Administrator Lauri Robison
e. 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 September 8, 2026 IX. Consent Calendar
a. Approve payment of the current list of warrants for September 2026 X. Agendized Items
a. First Reading/Introduction of Proposed Ordinance Entitled an Ordinance of the City Council of The City of Maricopa Amending the Maricopa Municipal Code by Adding Chapter 5.30 Regulating Food Vending Vehicles Within the City Recommendation:
1. Motion to waive reading of an ordinance entitled An Ordinance of the City Council of the City of Maricopa Amending the Maricopa Municipal Code by Adding Chapter 5.30 Regulating Food Vending Vehicles Within the City
2. Motion to introduce an ordinance entitled An Ordinance of the City Council of the City of Maricopa Amending the Maricopa Municipal Code by Adding Chapter 5.30 Regulating Food Vending Vehicles Within the City.
b. Second Amendment to Consultant Agreement Between City of Maricopa and Upland Construction
Recommendation:
Motion to approve the second amendment to the Consultant Agreement Between City of Maricopa and Upland Construction and to authorize the Mayor and City Clerk to execute the agreement on Behalf of the City.
XI. New Business
XII. Council/Staff Items
XIII. Adjourn
I certify that a copy of this agenda was posted at Maricopa City Hall, Gusher Hall, and Maricopa Post Office on September 17, 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 stall to make
Maricopa City Council Minutes
Tuesday, September 8, 2026
Location: Gusher Hall, 271 California Street, Maricopa, CA 93252
1. Call to Order and Pledge of Allegiance:
Mayor Morse called the meeting to order followed by the flag salute.
Il. Roll Call
Mayor Cory Morse Interim City Administrator Lauri Robison Mayor Pro Tem Virgil Bell City Attorney Alan Peake - Absent Council Member Crystal Harris City Treasurer Dorine Horn Council Member John Horn City Clerk Meghan Wilson - Absent Council Member James Owens - Absent
III. Community Recognition - None
IV. Reorder of Agenda - The council voted for reorder of Agenda Item c to go before Agenda Item a.
Mayor Pro Tem Bell motioned, Council Member Horn second.
Ayes - Bell, Harris, Horn, Morse
Noes - 0
Abstain - 0
Absent - Owens
V. Council Reports/Statements
a. Report by Public Safety/Sheriff Department/Fire Department - Sheriff Sgt. Romo gave activity report.
b. City Clerk Meghan Wilson - Absent
c. City Treasurer Dorine Horn - None
d. Interim City Administrator Lauri Robison - None
e. City Attorney Alan Peake - Absent
f. City Council Members - None
g. Mayor Cory Morse - Will state later.
VI. Public Hearings - None
VII. Public Commentary - Brandon Crow brought up the missing stop sign on Union St. and that it has never been replaced, and could it be taken care of.
VIII. Approval of Minutes
a. Approve Maricopa City Council Regular Agenda Minutes for August 25", 2026.
Council Member Horn motioned, Council Member Harris second.
Ayes - Harris, Horn, Morse
Noes - 0
Abstain - Bell
Absent - Owens
September 8, 2026 Minutes (cont.)
IX. Consent Calendar
a. Approve payment of the current list of warrants for September 2026 Mayor Pro Tem Bell motioned, Council Member Horn second.
Ayes - Bell, Harris, Horn, Morse
Noes - 0
Abstain - 0
Absent - Owens
X. Agendized Items
c. Approve Proposed Locations for Installation of Two Flock Community Safety Cameras
Interim City Administrator Robison explained the situation.
Then proceeded with public comments: Robert Abonce-l'm against the Flock camera and don't believe we should be under surveillance; Keith Alden-Is concerned with all these camera's watching us, even on the highways; Brandon Crow-Is against Flock cameras, we shouldn't be under constant surveillance; Dick Albright-Thinks a trial period for the Flock camera's are in order and doesn't have an issue. He doesn't know the origin of Flock cameras and would like more info; Barry Lindeman-Stated that millionaires meet to see how things will be in the future in 2030. No one will have privacy or own anything and be happy. We need to think of what this is doing to our freedom, that's where these Flock camera's could go; Summer Essert (disabled Veteran)-Doesn't want to be watched by a cameras.
(Please accept my apology for incorrect names or spellings) Next proceeded with Council comments: Mayor Pro Tem Bell-Noticed other Flock cameras on the highway, makes me feel like we're in jail, but there has been stealing out in the oil fields; Council Member Harris-Not really for them but they've already been approved and paid for; Council Member Horn-It's already been approved and we can only use the donations for what they say; Mayor Morse-He stated that he asked for donations for Flock cameras, due to stolen vehicles and a lot of traffic issues. Plus, we don't have set Sheriff's in place here.
Council Member Horn motioned, Council Member Harris second.
Ayes - Harris, Horn, Morse
Noes - Bell
Abstain - 0
Absent - Owens
a. Adopt Ordinance Entitled an Ordinance of the City Council of the City of Maricopa Deleting Chapter 10.16 in its Entirety and Adding a New Chapter 10.16 Regulating the Storage, Maintenance, Placement, and Occupancy of Recreational Vehicles, Travel Trailers, Campers, And Other Mobile or Non-Permanent Shelters Within the City.
Interim City Administrator Robison explained the ordinance.
Mayor Morse proceeded with public comments: Keith Alden-Doesn't believe he should buy a permit for his RV every year when it's parked on his property, "Unacceptable"; Dick Albright- Stated that the RV's should have wheels, not a camper shell, and has Maricopa checked with the Kern County Ord?; Robert Abonce-Doesn't believe he should pay extra tax for RV permit, he's disconnected power and water from his, and already pays property tax.
September 8, 2026 Minutes (cont.)
Moving forward with the Council's comments: Mayor Pro Tem Bell-Stated that a lot of people are saying it is bull and he agrees. What are they supposed to do with all their things? As long as their yard looks nice, I don't see anything wrong with it.; Council Member Horn-Just like we did tags for the dogs, and only so many dogs allowed, people didn't like that either. But we need some sort of ordinance to make things right around our city.; Mayor Morse-Stated this isn't a money maker, it's for administration cost. It's for Code Compliance. We give people 30, 60,90 days and some 2 years, and they need to comply or face consequences.
Council Member Horn motioned, Council Member Harris second.
Ayes - Harris, Horn, Morse
Noes - Bell
Abstain - 0
Absent - Owens
b. Discuss/Review/Provide Direction re the Replacement or Refurbishment of City Street Interim City Administrator Robison explained and showed examples of street signs from 3 companies. Council discussed their options and decided what they wanted.
Council Member Harris motioned, Mayor Pro Tem Bell second.
Ayes - Bell, Harris, Horn, Morse
Noes - 0
Abstain - 0
Absent - Owens
XI. New Business
XII. Council/Staff Items
XIII. Adjourn- 7:38 pm
Mayor Pro Tem Bell motioned to adjourn, Council Member Harris second.
Ayes - Bell, Harris, Horn, Morse
Noes - 0
Abstain - 0
Absent - Owens
WARRANTS TO BE APPROVED FOR PAYMENT-SEPTEMBER 2026
VENDORS DESCRIPTION COST
General
Charter Communications Ring Central/City Hall - $142.36 Internet/Gusher Hall - $110.00
Phone,Internet, WiFi, Emails - $446.32
Internet/Public Works Yard - $129.99 828.67
C.A.Reding Co. Copier Maint.#AR1467447,10/12/26-11/11/26 271.15 City of Taft Transit-#11221, June 2026 2,524.50
Hydra Tech Network Solutions #11285,8/27/26,Microsoft Plan-14 emails,@maricopa-ca.gov 79.06 Kaiser Foundation Health Insurance, October 2026 4,310.99 Kern County Public Works Dept. #b00080, 5/16/26-6/30/26;Plans & Inspections 479.88 True Value Park/Sprinklers for City & Veteran's Parks, August 2026 80.38 Upland Construction Clean CA Park Grant, CCL-5201-001, Inv.#7, Aug: 26 - $36788.25 State Park Grant,HSW-15-004,Inv.#7, August'26 - $12262.75 $ 49,051.00 sewer
PG&- CFM/PPC Department Sewer Ponds - #9157090827-6, 8/6-9/3/26 $ 1,378.69 Refuse
Grand Total S 59,004.32
AGENDA ITEM
TITLE: First Reading/Introduction of Proposed Ordinance Entitled "An Ordinance of The City Council of The City of Maricopa Amending the Maricopa Municipal Code by Adding Chapter
5.30 Regulating Food Vending Vehicles Within the City"
PROPOSED BY: Lauri Robison
MEETING DATE: September 22, 2026
RECOMMENDATION
1. Motion to waive reading of an ordinance entitled "An Ordinance of the City Council of the City of Maricopa Amending the Maricopa Municipal Code by Adding Chapter 5.30 Regulating Food Vending Vehicles Within the City!"
2. Motion to introduce an ordinance entitled "An Ordinance of the City Council of the City of Maricopa Amending the Maricopa Municipal Code by Adding Chapter 5.30 Regulating Food Vending Vehicles Within the City!"
BACKGROUND
On August 11, 2026, the City Council reviewed and discussed the proposed ordinance regulating food vending vehicles within the City of Maricopa. During the meeting, staff provided a recap of the revisions that had been incorporated into the proposed ordinance, including provisions addressing restroom and handwashing The proposed ordinance is now being presented to the City Council for first reading and introduction.
The purpose of the Ordinance is to establish clear and consistent standards for food vending vehicles operating within the City, including permit requirements, application procedures, operating standards, restroom and handwashing requirements, insurance, inspections, enforcement, and appeals.
Staff recommends that the City Council conduct the first reading and introduce the proposed Ordinance adding Chapter 5.30, Food Vending Vehicles, to the Maricopa Municipal Code.
Assuming the ordinance is introduced at the September 22, 2026 meeting, it will be on the agenda for adoption at the regularly scheduled meeting of Tuesday, October 13, 2026, and will become effective 30 days thereafter.
ORDINANCE NO.2026
AN ORDINANCE OF THE CITY COUNSIL OF THE CITY OF MARICOPA AMENDING THE MARICOPA MUNICIPLE CODE BY ADDING CHAPTER 5.30
REGARDING FOOD TRUCK REGULATIONS
The City Council of the City of Maricopa does hereby ordain as follows:
SECTION 1. PURPOSE
The purpose of adding Chapter 5.30 to the Maricopa Municipal Code is to establish reasonable regulations governing food vending vehicles within the City of Maricopa.
SECTION 2. AMENDMENT TO MUNICIPLE CODE
Hereby amends The Maricopa Municipal Code by Adding Chapter 5.30 FOOD VENDING VEHICLES attached hereto as Exhibit "A".
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this ordinance is held invalid, the remainder shall not be affected.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect 30 days after adoption upon publication as provided by law.
PASSED AND ADOPTED this of _,2026 by the following vote:
AYES:
NOES:
ABSTAIN: CITY OF MARICOPA
ATTEST:
Cory Morse, Mayor
Meghan A. Wilson, City Clerk APPROVED AS TO FORM
Alan J. Peake, City Attorney
Exhibit A
ORDINANCE 2026-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARICOPA
AMENDING THE MARICOPA MUNICIPAL CODE BY ADDING
CHAPTER 5.30
CHAPTER 5.30
FOOD VENDING VEHICLES
SECTION:
1. 5.30.010 - Purpose and Intent
2. 5.30.020 - Definitions
3. 5.30.030 - Permit Required
4. 5.30.040 - Application Requirements
5. 5.30.050 - Permit Approval and Renewal
6. 5.30.060 - Permit Denial, Suspension, and Revocation
7. 5.30.070 - General Operating Standards
8. 5.30.080 - Temporary Food Events
9. 5.30.090 - Insurance Requirements
10.5.30.100 - Inspections
11. 5.30.110 - Violations and Enforcement
12. 5.30.120 - Appeal of a Permit or Revocation
5.30.010 Purpose and Intent
The purpose of this chapter is to establish reasonable regulations governing food vending vehicles within the City of Maricopa.
5.30.020 Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings set forth below unless the context clearly requires otherwise:
Food Vending Vehicle
"Food Vending Vehicle" means any motorized or non-motorized vehicle, trailer, cart, wagon, or other movable unit from which food or beverages are prepared, stored, displayed, sold, or offered for sale to the public. The term includes, but is not limited to, food trucks, food trailers, and food carts requiring permits from the applicable health authority.
The term does not include vehicles used solely for the delivery of food previously ordered by customers or activities otherwise exempt under applicable state law.
5.30.030 Permit Required
A. Permit Required
No person shall operate or allow the operation of a food vending vehicle within the City of Maricopa without first obtaining a valid Food Vending Vehicle Permit issued by the City, unless otherwise exempt under this chapter or applicable state law.
B. Required Permits, Licenses, and Approvals
In addition to obtaining a Food Vending Vehicle Permit, each operator shall obtain and maintain, as applicable:
1. A valid City of Maricopa Business License.
2. A valid Kern County Department of Public Health, Environ nental Health Division permit, when required.
3. A valid California Department of Motor Vehicles registration for each food vending vehicle, if applicable.
4. Proof of commercial general liability insurance meeting the requirements established by this chapter.
5. Any state, county, or federal permits, licenses, or approvals required for the lawful operation of the food vending vehicle.
C. Permit Issuance
A Food Vending Vehicle Permit shall:
1. Be issued for a single food vending vehicle.
2. Be valid only for the vehicle identified in the approved application.
3. Be non-transferable and shall not be assigned to another vehicle, owner, or operator without prior written approval of the City Administrator:
D. Display of Permit
The Food Vending Vehicle Permit and all required County health permits shall be displayed in a conspicuous location on the food vending vehicle whenever it is operating within the City.
E. Separate Permit Required
A separate Food Vending Vehicle Permit shall be required for each food vending vehicle operated within the City, regardless of common ownership.
F. Exemptions
The following are exempt from obtaining a Food Vending Vehicle Permit under this chapter:
1. Food vending vehicles operating exclusively as part of a City-approved Temporary Food Event, provided the operator:
a. Maintains all permits required by the Kern County Department of Public Health and other applicable agencies;
b. Complies with all conditions established for the event by the City; and c. Operates only during the approved dates, times, and location of the event.
5.30.040 Application Requirements
A. Application Required
Any person seeking a Food Vending Vehicle Permit shall submit a completed application to the City Administrator on forms provided by the City and shall pay the applicable permit fee established by resolution of the City Council.
B. Required Information
The application shall include, at a minimum, the following:
1. The applicant's name, business name (if applicable), mailing address, telephone number, and email address.
2. A completed City of Maricopa Business License Application, if a business license has not previously been issued.
3. A description of the food vending vehicle, including the make, model, year, color, license plate number, and Vehicle Identification Number (VIN), it applicable.
4. A copy of the current California vehicle registration, if applicable.
5. A copy of the current permit issued by the Kern County Department of Public Health, Environmental Health Division, when required.
6. The proposed operating location(s), including a plot plan when operating from a fixed location on private property, showing property boundaries, vehicle location, parking, driveways, and points of ingress and egress, and the location of the nearest approved and readily available toilet and handwashing facility, including the approximate travel distance from the food vending vehicle to such facility, as required by the City.
7. Written authorization from the property owner or the owner's authorized representative for any proposed operation on private property.
8. Proof of commercial general liability insurance meeting the requirements of this chapter.
9. A copy of the operator's valid driver's license, if applicable.
10. Documentation of any required fire inspection or fire safety certification, when applicable.
11. Payment of the applicable permit fee.
12. Any additional information or documentation reasonably required by the City Administrator to determine compliance with this chapter and other applicable laws.
C. Completeness of Application
An application shall not be deemed complete until all required information, supporting documentation, and applicable fees have been submitted.
D. No Authority to Operate
Submission of an application does not authorize the operation of a food vending vehicle. No person shall operate a food vending vehicle until a permit has been issued by the City.
E. Changes to Application
The permittee shall notify the City in writing within ten (10) business days of any material change to the information contained in the application.
5.30.050 Permit Approval and Renewal
A. Permit Review
Upon receipt of a complete application, the City Administrator shall review the application to determine whether the proposed food vending vehicle operation complies with the requirements of this chapter and all applicable federal, state, county, and local laws.
B. Permit Approval
The City Administrator may approve and issue a Food Vending Vehicle Permit upon determining that:
1. The application is complete;
2. The applicant has obtained all permits, licenses, and approvals required by this
3. The proposed operation complies with the requirements of this chapter and other applicable laws;
4. The proposed operating location has been reviewed and approved by the City, when applicable; and
C. Permit Issuance
A Food Vending Vehicle Permit shall:
1. Be issued for a single food vending vehicle;
2. Be valid only for the vehicle identified in the approved application;
3. Be non-transferable without the prior written approval of the City Administrator; and
4. Remain the property of the City and shall be surrendered upon suspension, revocation, or expiration if requested by the City.
D. Term of Permit
Unless sooner suspended, revoked, or surrendered, a Food Vending Vehicle Permit shall remain valid for one (1) year from the date of issuance.
E. Renewal
A permittee seeking renewal shall submit a completed renewal application at least thirty (30) days prior to the permit expiration date. The renewal applicacon shall include updated information and documentation demonstrating continued compliance with this chapter and all applicable laws.
F. Effect of Permit
Issuance of a Food Vending Vehicle Permit does not relieve the permittee of the responsibility to obtain or maintain any permit, license, registration, or approval required by any federal, state, county, or local agency.
G. Permit Fees
The fees for the review, issuance, and renewal of a Food Vending Vehicle Permit shall be established by resolution of the City Council and may be amended from time to time by subsequent resolution.
5.30.060 Permit Denial, Suspension, and Revocation
A. Permit Denial
The City Administrator may deny an application for a Food Vending Vehicle Permit if the applicant:
1. Fails to submit a complete application or provide the information or documentation required by this chapter;
2. Provides false, misleading, or fraudulent information in the application or supporting documentation;
3. Fails to obtain or maintain any permit, license, registration, insurance, or approval required by this chapter or applicable law;
4. Proposes an operating location that does not comply with this chapter or that the City determines is unsuitable based upon public health, safety, traffic circulation, pedestrian access, emergency access, accessibility requirements, or other legitimate governmental interests;
5. Fails to pay any applicable permit or business license fees required by the City;
6. Has had a Food Vending Vehicle Permit revoked by the City within the previous twelve (12) months, unless otherwise authorized by the City Administrator; or
7. Otherwise fails to comply with the requirements of this chapter or other applicable federal, state, county, or local laws.
B. Suspension or Revocation
The City Administrator may suspend or revoke a Food Vending Vehicle Permit for any of the following reasons:
1. Violation of any provision of this chapter or any condition of permit approval;
2. Failure to maintain any permit, license, registration, insurance, or approval required by law;
3. Providing false or misleading information in obtaining or renewing a permit;
4. Operating in a manner that creates a threat to the public health, safety, or welfare;
5. Failure to comply with any lawful order issued by the City or any governmental agency having jurisdiction; or
6. Failure to correct a violation of this chapter after written notice and a reasonable opportunity to comply, unless the violation presents an immediate threat to public health or safety.
C. Notice
The City shall provide written notice of any permit denial, suspension, or revocation. The notice shall state the reasons for the action and advise the applicant or permittee of the right to appeal pursuant to Section 5.30.110.
D. Immediate Suspension
Notwithstanding any other provision of this chapter, the City Administrator may immediately suspend a permit whenever continued operation presents an immediate threat to public health, safety, or welfare. Written notice of the suspensich and the reasons for the action shall be provided to the permittee as soon as practicable.
5.30.070 General Operating Standards
All food vending vehicles operating within the City shall comply with the following requirements:
1. No selling or serving alcohol:
2. No selling to persons in vehicles;
Maintain all permits, licenses, registrations, and insurance required by this chapter.
4. Display the City Food Vending Vehicle Permit and all required Kern County Environmental Health permits in a conspicuous location while operating.
5. Maintain the food vending vehicle and surrounding operating area in a clean, safe, sanitary, and orderly condition.
6. Provide a refuse container for customer use and properly dispose of all trash, grease, wastewater, food waste, and other refuse in accordance with applicable law.
7. Maintain all generators, propane cylinders, electrical equipment, and utility connections in a safe condition.
8. No restriction of visibility area sight distance at any driveway or intersection;
9. Maintain all required fire extinguishers and fire suppression equipment in proper working order.
10. Permit inspections by authorized City, County, or other governmental officials during reasonable hours.
11. No tables, chairs, benches, umbrellas, canopies, tents, outdoor furniture, amplified music, loudspeakers, or other sound-producing devices shall be used unless specifically authorized by the City or as part of a City-approved Temporary Food
12. No overnight parking or storage of a food vending vehicle at an operating location shall be permitted unless specifically authorized by the City.
13. Food vending vehicles shall be maintained in a safe and operable condition and shall not constitute a public nuisance.
14. Only signage affixed to the food vending vehicle or otherwise approved by the City shall be permitted.
B. Authorized Operating Locations
Food vending vehicles shall operate only in locations approved by the City through the permit process. The City may approve, conditionally approve, or deny proposed locations based on public health, safety, traffic circulation, pedestrian access, emergency access, accessibility, surrounding land uses, parking availability, and other relevant factors.
C. Public Safety
No food vending vehicle shall operate in a manner that:
1. Obstructs or interferes with vehicular traffic;
2. Obstructs pedestrian travel or required accessibility routes;
3. Blocks building entrances or exits;
4. Blocks fire hydrants, fire lanes, or emergency access routes;
5. Occupies parking spaces reserved for persons with disabilities withoul legal authorization;
6. Creates a traffic hazard or otherwise endangers the public.
D. Operation on Public Property and Public Rights-of-Way Operation of a food vending vehicle on public property or within a public right-of-way is prohibited unless specifically authorized by the City or as part of'a City-approved Temporary Food Event.
The City may impose reasonable conditions necessary to protect public health, safety, traffic circulation, pedestrian access, maintenance of public property, and the orderly use of public facilities.
No food vending vehicle shall connect to or use City-owned utilities without prior written authorization from the City.
E. Operation on Private Property
Food vending vehicles operating on private property shall:
1. Obtain written authorization from the property owner or the owner's authorized representative.
2. Operate only at locations approved by the City.
3. Comply with applicable zoning regulations.
4. Maintain required parking, drive aisles, fire lanes, and accessibility features.
5. Not create a public nuisance or interfere with neighboring properties.
F. Hours of Operation
Unless otherwise approved by the City or authorized as part of a City-approved Temporary Food Event, food vending vehicles may operate only between the hours of 6:00 a.m. and 10:00 p.m.
G. Restroom and Handwashing Facilities
A. Compliance with State Requirements
All food vending vehicles shall comply with the restroom and handwashing facility requirement of California Health and Safety Code Section 114315, as amended from time to B. Operations Exceeding One Hour.
A food vending vehicle that remains stopped and conducts business for more than one (1) hour shall be operated within two hundred (200) feet travel distance of an approved and readily available toilet and handwashing facility for use by the food vending vehicle's employees, in accordance with California Health and Safety Code Section 114315 as amended from time to time, unless otherwise approved by the Kern County Public Health Services Department or other applicable enforcement agency.
C. Restroom Authorization.
When the required restroom facility is located on property owned or controlled by another person or business, the food vending vehicle operator shall obtain and maintain written authorization from the owner or authorized representative of the restroom facility confirming that the restroom is available for use by the food vending vehicle's employees during the vehicle's hours of operation.
D. Special Events.
The City Administrator or designee may establish additional restroom requirements for special events based upon the anticipated attendance, duration, location, and nature of the event.
5.30.080 Temporary Food Events
A. Authorized Operation
Food vending vehicles may operate at a City-approved Temporary Food Event in accordance with the conditions established for the event and all applicable federal, state, county, and local laws.
B. Required Permits
Each operator shall maintain all permits, licenses, and approvals required by the Kern County Department of Public Health and any other agency having jurisdiction.
C. Event Conditions
The City may establish reasonable conditions for Temporary Food Events, including vendor locations, hours of operation, traffic and pedestrian circulation, waste disposal, public safety, and other requirements necessary to protect the public health, safety, and welfare.
D. Vendor Selection
When the number of qualified applicants exceeds the number of available vendor spaces, the City Administrator may use a fair and objective selection process.
5.30.090 Insurance and Indemnification
A. Insurance Required
Bach applicant shall maintain commercial general liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, or such greater amount as may be established by resolution of the City B. Additional Insured
The policy shall name the City of Maricopa, its officers, officials, employees, agents, and volunteers as additional insureds for activities conducted pursuant to the Food Vending Vehicle Permit.
C. Proof of Insurance
Proof of the required insurance shall be provided to the City prior to issuance of a permit and shall be maintained throughout the term of the permit. Failure to maintain the required insurance shall constitute grounds for suspension or revocation of the permit.
D. Indemnification
As a condition of receiving a Food Vending Vehicle Permit, the permittee shall defend, indemnify, and hold harmless the City of Maricopa, its officers, officials, employees, agents, and volunteers from and against any and all claims, demands, actions, damages, liabilities, losses, costs, and expenses, including reasonable attorney's fees, arising out of or related to the permittee's operation of a food vending vehicle, except to the extent caused by the sole negligence or willful misconduct of the City..
5.30.100 Inspections, Violations and Enforcement
A. Inspections
Food vending vehicles operating within the City shall be subject to inspection by the City Administrator, Code Enforcement Officer, or other authorized City representative during reasonable business hours to determine compliance with this chapter and other applicable federal, state, county, and local laws.
B. Violations
It shall be unlawful for any person to violate any provision of this chapter, any condition of an approved Food Vending Vehicle Permit, or any lawful order issued pursuant to this chapter.
C. Enforcement
The City Administrator, Code Enforcement Officer, or other authorized City representative may enforce the provisions of this chapter through any remedy authorized by law, including but not limited to:
1. Issuance of a notice of violation;
2. Administrative citation;
Suspension or revocation of a Food Vending Vehicle Permit;
4. Any other enforcement action authorized by the Maricopa Municipal Code or applicable law.
D. Additional Remedies
The remedies provided in this chapter are cumulative and shall not limit any other enforcement action or remedy available to the City under this Code or applicable law.
5.30.110 Appeal of a Permit Denial or Revocation
A. Appeal.
If an application for a Food Vending Vehicle Permit is denied, or if a Food Vending Vehicle Permit is suspended or revoked, the applicant or permittee may appeal the decision by filing a written notice of appeal with the City Clerk within ten (10) business days after the date the written notice of the decision is served. The notice of appral shall state the grounds for the appeal.
B. Hearing,
Upon receipt of a timely notice of appeal, the City Clerk shall schedule the appeal for hearing before the City Administrator or designee. The appellant shall be provided written notice of the hearing no less than fifteen (15) business days prior to the hearing. The notice shall specify the date, time, and place of the hearing.
C. Decision.
Following the hearing, the City Administrator or designee may affirm, modify, or reverse the decision to deny, suspend, or revoke the Food Vending Vehicle Permit. The written decision shall be final.
D. Effect of Appeal.
The filing of an appeal shall not stay a suspension or revocation unless the City Administrator or designee determines that a stay is appropriate pending the outcome of the appeal.
CITY OF MARICOPA
FOOD VENDING VEHICLE PERMIT APPLICATION
Permit Year:
Application Date:
Permit No. (Office Use):
APPLICANT INFORMATION
Business Name:
Owner/Applicant:
Mailing Address:
City: State: Zip:
Phone: Email:
Emergency Contact:
Emergency Phone:
BUSINESS INFORMATION
• New Application
• Renewal
City of Maricopa Business License Number:
Federal Tax ID (Optional):
FOOD VENDING VEHICLE INFORMATION
Vehicle Type:
• Food Truck
• Food Trailer
Food Cart
• Other
Year
Make
Model
Color
License Plate
VIN
COUNTY HEALTH INFORMATION
Kern County Environmental Health Permit No.
Expiration Date
PROPOSED OPERATING LOCATION(S)
Primary Location:
Additional Locations (attach separate sheet if necessary)
PRIVATE PROPERTY AUTHORIZATION
Will the food vending vehicle operate on private property? • Yes
• No
If yes, attach:
• Property Owner Authorization
• Plot Plan
REQUIRED DOCUMENTS
Please check each item submitted.
• Completed Application
• City Business License (or application)
• Copy of Kern County Health Permit
• Vehicle Registration
• Driver's License
• Commercial General Liability Insurance ($1,000,000 minimum naming the City of Maricopa as Additional Insured)
• Property Owner Authorization (ifapplicable)
• Plot Plan (if applicable)
• Fire Inspection/Fire Safety Documentation (if applicable) • Permit Fee
• Other
APPLICANT CERTIFICATION
I certify under penalty of perjury that the information contained in this application and all supporting documents is true and correct.
I understand that issuance of a Food Vending Vehicle Permit does not relieve me of the responsibility to obtain and maintain all permits and approvals required by federal, state, county, and local law.
I agree to comply with Chapter 5.30 of the Maricopa Municipal Code and all applicable conditions of approval.
Applicant Signature
Printed Name
Date
FOR CITY USE ONLY
Application Received By:
Date Received:
Application Complete:
Ll Yes
• No
Business License Verified
• Yes
LI No
County Health Permit Verified
• Yes
• No
Insurance Verified
• Yes
• No
Property Authorization Verified
•N/A
• Yes
• No
Fire Documentation Verified
ON/A
• Yes
• No
Permit Approved
• Yes
• No
Permit Number
Issued By
Issue Date....
Expiration Date
Comments
CITY OF MARICOPA
FOOD VENDING VEHICLE PERMIT APPLICATION CHECKLIST
Chapter 5.30 - Maricopa Municipal Code
To obtain a Food Vending Vehicle Permit, submit the following:
• Completed Food Vending Vehicle Permit Application
• Applicable Permit Fee
• City of Maricopa Business License or completed Business License Application • Copy of current Kern County Department of Public Health, Environmental Health Permit • Copy of current California Vehicle Registration (ifapplicable) • Copy of valid Driver's License
• Proof of Commercial General Liability Insurance in the minimum arount of $1,000,000 per occurrence, naming the City of Maricopa, its officers, officials, employees, agents, and volunteers as Additional Insured
• Plot Plan showing the proposed operating location (required for fixed locations on private property)
• Written Property Owner Authorization (required when operating on private property) • Fire Inspection or Fire Safety Documentation (if applicable) • List of Proposed Operating Location(s)
• Any additional information requested by the City Administrator to determine compliance with Chapter 5.30.
BEFORE YOUR PERMIT CAN BE APPROVED
Your application must be complete. The City will verify that:
• All required documents have been submitted.
• The proposed operatiog location complies with City regulations.
I All required County, State, and City permits have been obtained.
I Required insurance is current:
• Applicable fees have been paid.
IMPORTANT
• A separate permit is required for each Food Vending Vehicle. • A City permit does not replace any required County, State, or Federal permits.
Submission of an application does not authorize operation. • The Food Vending Vehicle Permit and County Health Permit must be displayed while Permits are non-transferable.
Failure to comply with Chapter 5.30 may result in suspension, revocation, or administrative enforcement.
Office Use Only
Date Received:_
Received By:
Application Complete:
• Yes
• No
RESOLUTION NO. 2026-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARICOPA ESTABLISHING FEES FOR FOOD
VENDING VEHICLE PERMITS
WHEREAS, Chapter 5.30 of the Maricopa Municipal Code establishes regulations and permitting requirements for Food Vending Vehicles operating within the City of Maricopa; and WHEREAS, Section 5.30.050(G) of the Maricopa Municipal Code provides that the fees for the review, issuance, and renewal ofa Food Vending Vehicle Permit shall be established by resolution of the City Council; and
WHEREAS, the City Council desires to establish fees for the review, issuance, and renewal of Food Vending Vehicle Permits;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maricopa as follows:
SECTION 1: Food Vending Vehicle Permit Fees.
Pursuant to Section 5.30.050(G) of the Maricopa Municipal Code, the City Council of the City of Maricopa hereby establishes the following fees for Food Vending Vehicle Permits:
Initial Food Vending Vehicle Permit: $195.00
Annual Food Vending Vehicle Permit Renewal: $65.00
SECTION 2: Payment of Fees.
All applicable fees shall be paid at the time of application or renewal. An application or renewal shall not he considered complete until all applicable fees have been paid.
SECTION 3: Future Fee Amendments.
The fees established by this Resolution may be amended from time to time by subsequent resolution of the City Council.
SECTION 4. Effective Date.
This Resolution shall become effective upon adoption.
ADOPTED, SIGNED AND APPROVED THIS. DAY OF - 2026.
AYES:
NOES:
ABSENT:
ABSTAIN:
By: Cory Morse, Mayor
ATTEST: APPROVED AS TO FORM:
By: Meghan Wilson, City Clerk By: Alan Peake, City Attorney
AGENDA ITEM
TITLE: Second Amendment to Consultant Agreement Between City of Maricopa and Upland Construction
PROPOSED BY: Lauri Robison
MEETING DATE: September 22, 2026
RECOMMENDATION
Motion to approve the second Amendment to the Consultant Agreement Between City of Maricopa and Upland Construction and to Authorize Mayor and City Clerk to Execute Agreement on Behalf of the City
BACKGROUND
In January, 2026, the City entered into an agreement with Upland Construction for certain construction management services during the construction phase of Maricopa City Park.
The agreement was previously amended at the regularly scheduled meeting of June 30th 2026, to extend the term to September 30, 2026, due to delays in the park construction schedule. The construction of the project is continuing beyond the current amended schedule, requiring an additional extension of the agreement with Upland Construction.
The proposed amendment will extend the agreement through November 30, 2026, with additional compensation not to exceed the amount of $ 58,380.00.
Staff recommends that Council favorably consider a Motion to Amend Consultant Agreement Between City of Maricopa and Upland Construction and to Authorize Mayor and City Clerk to Execute Agreement on Behalf of the City.
Inc.
1. Exhibit "A" 2nd Amendment w/ Upland Construction
2. Exhibit "B" First Amendment w/ Upland Construction
Exhibit "C" Original Agreement w/ Upland Construction
Exhibit A
SECOND AMENDMENT TO CONSULTANT AGREEMENT BETWEEN
THE CITY OF MARICOPA AND UPLAND CONSTRUCTION
The City of Maricopa, a municipal corporation hereinafter referred to as ("City"), and Upland Construction, also referred to as "Consultant," are parties to that certain Construction Management Services ("Agreement") entered into between the parties on January 8, 2026, and amended by the parties on June 30, 2026, WHEREAS, CITY and CONSULTANT entered into the Agreement for Construction Management Services for the Maricopa City Park Improvement Program, funded under Department of Parks and Recreation Grant Contract C9801018, Project No.
SW-15-004, and Caltrans Clean California Local Grant Program Agreement CCL-5201-001 ("Improvements"); and
WHEREAS, additional time is required to complete the Improvements by the Contractor doing the work; therefore, CONSULTANT needs additional time to complete construction management services; and
WHEREAS, CITY and CONSULTANT now desire to further amend the Agreement pursuant to this Second Amendment to address the continued need for construction management services, subject to the terms and conditions set forth herein; and WHEREAS, the Agreement established a not-to-exceed compensation amount of $173,750 and set forth the scope of work, responsibilities, and obligations of CONSULTANT, which will need to be modified due to the delay in construction of the Improvements; and
WHEREAS, Section 19 of the Agreement permits modification only by a written document signed by both parties.
NOW, THEREFORE, based upon the foregoing, the parties agree that the Agreement shall be modified as follows:
EXTENSION OF TERM The term of the Agreement is hereby extended for an additional two (2) months. The new expiration date shall be November 30, 2026,
NO CHANGE TO COMPENSATION
This Addendum modifies the total not-to-exceed compensation to $ 58,380.00 unless amended in a future written agreement executed by both parties as set forth in Section 2.
CONTINUING EFFECT
Except as expressly modified by this Addendum, all other terms, conditions, covenants, and obligations of the Agreement shall remain in full force and effect. In the event of a conflict between this Addendum and the Agreement, the terms of this Addendum shall control.
EXECUTION This Addendum may be executed in counterparts, each of which shall be deemed an original. Electronic signatures shall be considered valid and binding.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the dates below.
Dated: -, 2026
"CITY" "CONSULTANT"
CITY OF MARICOPA UPLAND CONSTRUCTION
By: By:_
CORY MORSE, MAYOR KAMERON ARNOLD
ATTEST:
By:
MEGHAN WILSON, CITY CLERK
APPROVED AS TO FORM:
By:
ALAN J. PEAKE, CITY ATTORNEY
Estimator: Kameron Arnold
Mail: 18720 Palm Avenue Bakersfield, CA 93314
Phone: 661-364-7965
E-Mail: [email protected]
CSLB License: 1057322
BPELSG #: 95143
Cost Proposal
Project:
Project Name: Maricopa Park Expansion Phase 2 - Extension Date: 9/17/2026
Description:
Continue to provide Construction Management Services to include site supervision, daily reports, coordination between Contractors, issue RI's and other typical construction management tasks.
- Consult with project oversite liaisons to ensure compliance with funding requirements - Reviews and processing of Certified Payroll, invoicing, etc. as needed.
Terms and Conditions:
1. Price excludes any costs for advertisement/processing.
2. Price excludes any environmental clearance requirements.
3. Price is based upon assumed completion of November 15, 2026
4. Consultant/outside fees will be charged at cost + 10%.
5. Upland Construction is not responsible for permitting or any project associated fees.
6. Price is inclusive of hourly rates as specified below.
7. Materials/rental equipment, if needed, to be charged at cost + 10%.
8. Invoicing to be provided on a monthly basis based upon rates below.
9. Items not specified below are not considered in the not to exceed price and will be based upon rates specified below and/or cost + 10%.
Cost Breakdown
Task Staff Estimated Rate/HR Total
Hours
Project Management: Oversite Engineer 40 $160/HR $6,400.00 Coordinate with City Staff &
Contractor. Work with both City Staff
and Contractor to ensure timely
completion and scheduling.
Provide communication and
correspondence with
Contractor and Caltrans. This task
includes project setup, coordination,
budget/schedule monitoring, and
internal invoicing.
Contract Administration: Oversite Engineer 40 $160/HR $6,400.00 Arrange and attend Pre-Construction
Meeting. Review and approve
submittals/shop plan drawings. Log,
review and respond to written RFI's
to provide clarification or resolve
discrepancies in the contract
documents. Coordinate for City's
approval of Contract Change Orders.
Prepare and maintain a complete
and organized project filing
system. Review contractor's
payment requests and make
recommendation for payment,
check certified payroll, labor
compliance, tracking contract time
Resident Engineer / Inspector: Resident Engineer 256 $140/HR $35,840.00 Provide on-site project management on-site
for estimated 80 working days.
Work will consist of inspection
services, daily reports, monitoring
compliance with Prevailing Wage law
and general compliance with
contract documents.
Progress Invoicing: Oversite Engineer 20 $160/HR $3,200.00 Prepare and submit progress
invoices to Caltrans as required to
obtain reimbursement
for the City's expenditures. It is
anticipated that four (4) progress
invoices will be
prepared for this phase
Materials Testing: Consultant Lump Sum Lump Sum $5,000.00 Testing to be provided by outside *Estimated
consultant BSK Associates. Invoices
will be at cost + 10%
Mileage: Mileage 2,200 $0.70 $1,540.00
Estimated mileage based upon 100 Miles
total round trips.
Total Price (Not to Exceed):
$58,380.00
Exhibit B
AMENDMENT TO CONSULTANT AGREEMENT
BETWEEN THE CITY OF MARICOPA AND UPLAND CONSTRUCTION
The City of Maricopa, a municipal corporation herein after referred to as ("City"), and Upland Construction also referred to as "Consultant" are parties to that certain Construction Management Services ("Agreement") entered into between the parties on January 8, 2026, and amended by the parties on June 3D, 2026, WHEREAS, CITY and CONSULTANT entered into the Agreement for Construction Management Services for the Maricopa City Park Improvement Program, funded under Department of Parks and Recreation Grant Contract C9801018, Project No.
SW-15-004, and CalTrans Clean California Local Grant Program Agreement CCL-5201-001( "Improvements"); and
WHEREAS, additional time is required to complete the Improvements by the Contractor doing the work therefore CONSULTANT needs additional time to complete construction management services; and
WHEREAS, CITY desires to extend the term of the Agreement, and CONSULTANT agrees to such extension, subject to the terms and conditions set forth herein; and WHEREAS, the Agreement established a not-to-exceed compensation amount of $173,750 and set forth the scope of work, responsibilities, and obligations of CONSULTANT which will need to be modified due to the delay in construction of the Improvements; and
WHEREAS, Section 19 of the Agreement permits modification only by a written document signed by both parties.
NOW, THEREFORE, based upon the foregoing, the parties agree thai the Agreement shall be modified as follows.
EXTENSION OF TERM The term of the Agreement is hereby extended for an additional three (3) months. The new expiration date shall be September 30", 2026.
NO CHANGE TO COMPENSATION
This Addendum modifies the total not-to-exceed compensation to $ 270,000.00 unless amended in a future written agreement executed by both parties as set forth in Section 2.
CONTINUING EFFECT
Except as expressly modified by this Addendum, all other terms, conditions, covenants, and obligations of the Agreement shall remain in full force and effect. In the event of a conflict between this Addendum and the Agreement, the terms of this Addendum shall control.
EXECUTION This Addendum may be executed in counterparts, each of which shall be deemed an original. Electronic signatures shall be considered valid and binding.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the dates below.
Dact une 332026
CITY OF MARICOPA UPLAND CONSTRUCTION
By: By:
, Mayor CORY MORSE KAMERON ARNOLD
APPROVED AS TO FORM:
By:
Alan J. Poake, City Attorney
AGREEMENT NO. Exhibit C
Construction Management Services
Maricopa City Park Improvement Program
Department of Parks and Recreation
Grant Contract C9801018, Project No. SW-15-004;
CalTrans Clean California Local Grant Program
Agreement CCL-5201-001
THIS AGREEMENT is made and entered into this 8th day of January, 2026 by and beiween and among the CITY OF MARICOPA, a municipal corporation hereinafter referred to as "CITY" and Upland Construction hereinafter referred to as "CONSULTANT" both of whom agree as follows:
1. SCOPE OF WORK. The scope of work shall be those tasks customarily performed by those professionals engaged in providing construction management services, more specifically including, but not limited to, those construction management tasks described in CITY'S Request for Qualifications (RFQ) dated October 16, 2023.
CITY'S RFQ dated October 16, 2023, CONSULTANT's response to CITY'S RFQ dated November 16, 2023 and Cost Proposal dated December 22, 2025 are hereby incorporated into this Agreement by this reference as though fully set forth herein.
CONSULTANT's services will include all the procedures necessary to properly complete the task CONSULTANT has been hired to perform whether specifically included in the scope of work or not.
2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment not to exceed One Hundred Seventy Three Thousand, Seven Hundred Fifty Dollars ($173,750).
The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties.
3. PAYMENT PROCEDURE. CONSULTANT shall be paid for services rendered after receipt of an itemized invoice for the work completed listing the number of hours devoted to each task and the hourly rate of each employee performing those tasks.
Such invoice shall be approved by CITY in accordance with the terms of this Agreement. Payment to CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of CONSULTANT's itemized invoice.
CONSULTANT shall submit separate invoices for work funded by and performed under Department of Parks and Recreation Grant Contract C9801018, Project No. SW 15-004 and for work funded by and performed under CalTrans Clean California Local Grant Program Agreement CCL-5201-001 in order for the CITY to appropriately bill each separate grant.
Can sell be sere recrs wi rest to tie two grans tiat alt either funding the Project or the Project Enhancement
As CONSULTANT will be paid in part with California Department of Parks and Recreation 2018 Parks Bond Act (Proposition 68) program funds, and partially with funds from a CalTrans Clean California Local Grant Program, applicable laws and regulations require that all contracts with CONSULTANTS adhere to all applicable executed the Exhibits A through C attached hereto and incorporated into this Agreement by this reference as if set forth in full.
4. KEY PERSONNEL. At request of CITY, CONSULTANT shall name all key personnel to be assigned to the work set forth herein. CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONSULTANT shall not change such personnel without the written approval of CITY.
5. INCLUDED DOCUMENTS. Any project related documents, including, without limitation, plans, drawings special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto as well as Grant Administration documents relating to this Agreement and the project referenced herein are incorporated by reference as though fully set forth in the Agreement.
6. STARTING WORK. CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONSULTANT and CITY.
7. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY.
8. LICENSES. CONSULTANT shall, at its sole cost and expense, maintain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONSULTANT to practice its profession.
9. CONFIDENTIALITY. During the term of this Agreement, CONSULTANT may be dealing with information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties.
CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents CONSULTANT prepares and confidential information given to CONSULTANT under
10. this Agreement are the exclusive property of the CITY. Under no circumstances shall any such information or documents be removed from the CITY without each entity's prior written consent.
11. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by CONSULTANT shall be prohibited unless authorized by the CITY.
12. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.
13. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
14. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
15. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: City Administrator
CITY OF MARICOPA
400 California Street
Maricopa, California 93252
CONSULTANT: Kameron Arnold
Upland Construction
18720 Palm Avenue
Bakersfield, CA 93314
16. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose.
17. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
18. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
19. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by CITY and signed by all the parties.
20. CONFLICTS OF INTEREST. CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement.
21. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
22. TERMINATION. If at any time CITY become dissatisfied with the performance of CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice shall be given pursuant to the notices paragraph of this Agreement. In the event of early termination, CONSULTANT shall be compensated only for work satisfactorily completed up to the date of termination and delivered to and accepted by CITY.
23. COMPLIANCE WITH ALL LAWS. CONSULTANT shall, at
CONSULTANT's sole cost, comply with all of the requirements of Municipal, County, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal and County ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Maricopa business license (Maricopa Municipal Code, Title 5) where required.
24. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONSULTANT as an independent contractor.
CONSULTANT is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to their employees. This Agreement shall not be construed as forming a partnership or any other association with CONSULTANT other than thai of an independent contractor.
25. DIRECTION. CONSULTANT retains the right to control or direct the manner in which the services described herein are performed.
26. EQUIPMENT CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
27. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONSULTANT shall, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with policies and forms satisfactory to the CITY.
All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted by CITY. Failure to fully maintain all insurance many, at the sole discretion of CITY constitute a material breach of contract The CONSULTANT's insurance shall be primary insurance as respects the City, it's officers, employees and agents and any insurance or self-insurance maintained by the City shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the City, its officers, employees and agents.
The insurance policies, shall contain a waiver of transfer rights of recovery (subrogation) against the City, its officers, employees and agents for any claims arising out of the respondent's acts, errors, mistakes, omissions, work or service.
The insurance policies may provide coverage that contains deductibles or self-insured retentions; however, such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the City under such policies.
The CONSULTANT shall be solely responsible for the deductible and/or self-insured retention and the City, at its option, may require the CONSULTANT to secure payment of such deductible or self-insured retentions by a surely bond or an irrevocable and unconditional letter of credit.
The City reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements required under the Agreement. The Grantee shall not be obligated, however, to review same or to advise the CONSULTANT of any deficiencies in such policies and endorsements, and such receipt shall not relieve the CONSULTANT from or be deemed a waiver of, the City's right to insist on strict fulfillment of the CONSULTANT's obligations under the contract.
The insurance policies, except Worker's Compensation and Professional Liability, required by the Agreement, shall name the City of Maricopa, its officers, employees and agents as "Additional Named Insured".
26.1 Commercial General Liability CONSULTANT shall maintain commercial general liability insurance acceptable to the City with a limit of not less than $2,000,000 for each occurrence with a $2,000,000 products/completed operations aggregate and a $2,000,000 general aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of the contract. Such policy shall contain a severability of interest provisions, and shall not contain a sunset provision or commutation clause; nor any provision that would serve to limit third party action over claims. The commercial general liability additional insured endorsement shall be in a form acceptable to the City and shall include coverage for the CONSULTANT's operations and products and completed operations.
In the event the CONSULTANT sub-lets any part of the work, services or operations as awarded to the CONSULTANT, it shall purchase and maintain, at all times during prosecution of the work, services or operations under the Agreement, an Owner and Engineer's protective liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the CONSULTANT's work, service operations under the Agreement. Coverage shall be on an occurrence basis with a of limit not less than $2,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Engineer's commercial general liability insurance.
26.2. Professional liability insurance, CONSULTANT shall maintain professional liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by CONSULTANT or any person employed by CONSULTANT with a limit of not less than $2,000,000 each claim or $2,000,000 aggregate.
26.3. Automobile liability insurance, CONSULTANT shall maintain commercial/business automobile liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the CONSULTANT's any owned, hired, and non-owned vehicles assigned to or used in performance of the CONSULTANT's work. Coverage will include "any auto".
If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply.
26.4. Additional Named Insured. Except for professional liability, all policies required of the CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or seli-insurance maintained by the City, its mayor, council, olicers, agents, employees, and designated volunteers shall be excess of the CONSULTANT's insurance and shall not contribute with it.
26.5. Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating as approved by CITY but in no event less than Bests' A-:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:VIl, must be declared prior to execution of this Agreement and approved by the CITY in writing.
26.6. Unless otherwise approved by CITY, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand.
26.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY.
26.8. Certificates of Insurance. Prior to commencing work or services under the Agreement, the CONSULTANT shall furnish the City with certificates of insurance, or formal endorsements as required by the contract, issued by the CONSULTANT'S insurers), as evidence that policies providing the required coverage, conditions and limits required by the Agreement are in full force and effect.
In the event any insurance policy(ies) required by the Agreement is (are) written on a "claims made" basis, coverage shall extend for two years past completion and acceptance of the CONSULTANT's work or services and as evidenced by annual certificates of insurance
The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement.
26.9. Full compensation for all premiums which the CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under this Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.
26.10. It is further understood and agreed by the CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONSULTANT in connection with this Agreement.
26.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONSULTANT.
27. INDEMNITY CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents, employees, against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONSULTANT, CONSULTANT's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct.
28.ATTORNEY'S FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to any award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
29. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
30. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY is:
Eric G. Ziegler, City Administrator
CITY OF MARICOPA
400 California Street
Maricopa, California 93252
Telephone (661) 769-8279
CONSULTANT's project manager shall be:
Kameron Arnold
Upland Construction
18720 Palm Avenue
Bakersfield, CA 93314
Telephone (661) 364-7965
30.2. The Contract Administrator shall be the primary contact person for CITY and CONSULTANT. It is expressly understood that any modifications to the Agreement must be in writing.
31.ACCOUNTING RECORDS. CONSULTANT shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONSULTANT's office during the term of this Agreement, and for a period of three years from the date of final payment hereunder; these records shall be made available to CITY representatives upon request at any time during regular business hours.
32. TAX NUMBERS.
CONSULTANT's Federal Tax ID Number 84-2701410
CONSULTANT is a corporation? Yes_ No V (Please check one)
33. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090).
33.2. Prohibited Interest of Officials and Employees. No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from it. No member, officer or employee of CONSULTANT, or its designees or agents, no member of CITY's Council or any other public official who exercises any functions or responsibilities with respect to the Grant Program during his tenure, or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed pursuant to this Agreement.
33.2.1. The parties to this agreement have read and are aware of the provisions of section 1090 et seq., and section 87100 et seq., of the California Government Code relating to conflict of interest of public officers and employees. All parties hereto agree that they are unaware of any financial or economic interest of any public officer or employee of CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, CITY may immediately terminate this Agreement by giving written notice thereof.
34. ADDITIONAL PROVISIONS.
33.1. Non-Collusion. CONSULTANT represents that its proposal is not made in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization or corporation; and that the proposal is genuine and not collusive or sham, in accordance with the provisions of attached Exhibit "B".
33.2. Non-Conflict of Interest. CONSULTANT hereby certifies that it will comply with all the provisions of attached Exhibit "C." No public official, as described in this Exhibit has any interest, direct or indirect, in this contract or any subcontract, or the proceeds thereof, in work to be performed in connection with this project.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
"CITY" "CONSULTANT"
CITY OF MARICOPA UPLAND CONSTRUCTION
Vin Ball
By:_ Kameron Arnold
Virgil Bell, Mayor Pro -Tem
ATTEST:
By Meghan Wilson
Meghan Wilson, City Clerk
APPROVED AS TO FORM:
Man File cry Aloney
Exhibit "A"
(Insert Cily's Project Specific Requesi Qualifications (RFQ) and Contractor's Response Thereio)
"B"
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY CONTRACTOR
STATE OF CALIFORNIA)
) SS.
COUNTY OF KERN )
_ being first duly sworn, deposes and says that he or she is of the the
the
party making the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposal has not directly or indirectly induced or solicited any other proposal to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposal or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposal has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposal, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposal, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposal has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
Signature of CONSULTANT
Business Address
Place of Residence
Subscribed and sworn to before me
this day of , 2024
Notary Stamp.
EXHIBIT "C"
NON-CONFLICT OF INTEREST CERTIFICATION
(1) City of Maricopa's Grant Agreements) with the California Department of Parks and Recreation and with the California Department of Transportation prohibits any member, officer, or employee of the City or their designees or agents, and any members of the governing body of the locality in which this project is situated, and any other public official of such locality or localities who exercises any functions or responsibilities with respect to this project during his tenure or for one year thereafter, from having any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, in work to be performed in connection with projects assisted with these grant funds.
Contractor stipulates that no public official, as described in the preceding paragraph, has any interest, direct or indirect, in this contract or any subcontract, or the proceeds thereof, in work to be performed in connection with this project. (3) Contractor agrees to include or cause to be included the regulations in Paragraphs (1) and (2) of this section in every subcontract in connection with this project.
Project Name
Contractor/Vendor* Date
Signature Address
Title
- PLEASE SUBMIT WITH CONTRACT -
"C"