008 PAL OS CITY COUNCIL
REGULAR MEETING AGENDA
City-County Building, 1554 Golden Gate Avenue
Dos Palos, California, USA
6:00 pm, Tuesday, May 20, 2025
A. CALL TO ORDER:
1. Flag Salute:
2. Invocation:
3. Roll Call:
4. Urgency Additions or Deletions:
by Mayor Katy Reed
by Councilmember Armando Bravo
by Mayor Pro Tem Thomas Pigg
by City Clerk Tracy Mosby
Requires urgency an4four affirmative votes
5. Publje Commen!: At this time, anyone present may comment upon any city-related business item, whicl'i is not 01? this agenda. Please stnte your naryie and address for the record. Please be concise and avoid repetition. The ma)ior may limit yovi to one presentation not to exceed hrvo minutes in lengtli. State law nolll requires at least hrvice as nnrch time be allotted to a member of the public who utilizes a nori-English translator. Action, if necessary, is limited to staff referral, or with special conditions, placement on afuture agenda.
B. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS.
1. Presentation recognizing Eric Simmons and Chuck Hale for their contributions to the Dos Palos Police Department Posthumous.
2. Proclamation for the l02'ld Dos Palos D.E.S. Celebration, May 24-25, 2025.
C. OATH OF OFFICE:
1. Consider making an Appointment to fill the Vacant City Council Report Seat with a Term Ending on December 15, 2026. Discussion Public Comment
Action
2. Oath of Office to the Appointee of the Vacant City Council Administered by Seat. CityAttorneyAmandaSavage
3. Oath of Office to Roberto Alcala, Police Officer. Administered by City Attorney Amanda Savage
4. Oath of Office to Mary Nickerson, c.s.o. Administered by City Attorney Amanda Savage
D. CONSENT CALENDAR: Action
Items considered routine in nature are placed on the Consent Calendar. There is no discussion of these items before the Council vote, unless a member of the Council or the public requests specific items be discussed and/or removed from the Consent Calendar. Each item on the Consent Calendar approved by the Council shall be deemed to have been considered in full and adopted as recommended.
1. Approval of the Minutes of the April 15, 2025 Regular Meeting.
2. Approval of the Pre-Paids for April 2025.
3. Approval of the Warrants for May 2025.
E. BUSINESS:
1. Discuss and Consider Approving Resolution 2025-05,
Authorizing the City Manager to Execute Agreements
With the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax.
Report
Discussion
Public Comi'nent
Action
2. Discuss and Consider Approving Resolution 2025-06,
Authorizing Examination of Sales or Transactions and
Use Tax Records.
3. Discuss and Consider Approving Resolution 2025-07,
Adopting Updated Rates and Charges for Refuse Service
Effective July 1, 2025.
4. Consider Approving the School Resource Officer M.O.U. with the Dos Palos-Oro Loma Joint Unified School District.
5. Consider Approving a Funding Agreement with M.C.A.G. for the Design and Construction of the East Blossom Street
Measure V Regional Project.
Report
Discussion
Public Cornrnent
Action
Report
Discussion
Public Hearing
Action
Report
Discussion
Public Cornrnent
Action
Report
Discussion
Public Comment
Action
6. Discuss and Consider Options for Future Land Lease Agreements. Repoit Discussion
Public Comment
Direction
7. Discuss and Consider Updating City Council Assignments. Report Discussion
Public Comment
Action
F. CORRESPONDENCE, EVENTS, COUNCIL & ST AFF REPORTS
G. ADJOURN TO CLOSED SESSION:
1. California Government Code Section 54957.6
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Dewayne Jones, City Manager Employee Organization: Dos Palos Police Officers Association
2. California Government Code Section 54957.6
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Dewayne Jones, City Manager Employee Organization: Dos Palos Management Employees
H. RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED
SESSION
I. ADJOURNMENT in memory qf local departed:
Disclosures andlnformation:
The 98I'I City Council consists of Mayor Katy Reed, Mayor pro Tempore Thomas Pigg, Councilmember Armando Bravo, Corincilmember Marcus Potter, and one vacancy. The 46I'I Council Session is now in session and ends on November 17, 2026. The next available numbers of record are Ordinance #447 and Resolution 2025-08. (CCity of Dos Palos, Inc., website: www.cityofdospalos.org 2174 Blossom Street, Dos Palos CA 93620, (209) 392-2174, email:
cityofdp(a,cityofdp.com
4918-5477-5107, v. 1
AYUNTAMIENTO DE 008 PALOS
ORDEN DEL DIA DE LA REUNION ORDINARIA
Edificio de la Ciudad-Condado, 1554 Golden Gate Avenue
Dos Palos, California, Estados Unidos
6:00 pm, martes 20 de Mayo de 2025
Un. LLAMADA AL ORDEN: por el Alcalde Katy Reed
1. Saludo de bandera:
2. Invocaci6n:
3. Pase de lista:
por el Concejal Armando Bravo
por el alcalde interino Thomas Pigg
por ciudad Secretaria Tracy Mosby
4. Adiciones de urgencia o Canceladuras: Requiere urgencia y cuatro votos afirmativos
5. ComeIltario publieO: Enestemomento, cualquierpersonapresentepuedecomentarsobrecualquiertema de negocios relacionado cori la ciudad, que no est6 en esta agenda. Indique su nombre y direcci6n para que conste. Por favor, sea conciso y evite la repetici6n. El alcalde puede limitarlo a una presentaci6n que no exceda los dos minutos de duraci6n. La ley estatal ahora requiere que se asigne ai menos el doble de tiempo a un miembro del pt:blico que utilice un traductor que no sea ingMs. Las medidas, en caso necesario, se limitan a la remisi6n delpersonal o, en condiciones especiales, a la inclusion en unprograma firturo.
B. ELOGIOS, PRESENT ACIONESY PROCLAMAS
1. Presentaci6n en reconocimiento a Eric Simmons y Chuck Hale por sus contribuciones p6stumas al Departamento de Policia de Dos Palos.
2. Preg6n para la 102a Celebraci6n de Dos Palos D.E.S., 24 y 25 de mayo de 2025.
C. JURAMENTO DEL CARGO:
1. Considere hacer un nombramiento para llenar el informe del Concejo Municipal Vacante Puesto con mandato que finaliza ell5 de diciembre de 2026.
Discusion
Comentario publico
Acci6n
2. Juramento del cargo a la persona designada por el Concejo Municipal vacante administrado por Asiento. Abogada de la
ciudad Amanda Savage
3. Juramento del cargo a Roberto AlcalA, oficial de policfa.
Administrado por
Abogada de la ciudad Amanda
Savage
4. Juramento del cargo a Mary Nickerson, c.s.o. Administrado por Abogada de la ciudad Arnanda Savage
D. CALENDARIO DE CONSENTIMIENTO: Acci6n
Los elementos considerados de naturaleza rutinaria se colocan en el Calendario de consentimiento. No hay discusi6n de estos temas antes de la votaci6n del Consejo, a menos que un miembro del Consejo o el publico solicite que se discutan y/o eliminen temas especificos del Calendario de Consentimiento. Se considerara que cada punto del Calendario de Consentimiento aprobado por el Consejo ha sido considerado en su totalidad y adoptado segun lo recomendado.
1. Aprobaci6n del Acta de la Reuni6n Ordinaria del 15 de abril de 2025.
2. Aprobaci6n de los prepagos para abril de 2025.
3. Aprobaci6n de los warrants para mayo de 2025.
Y. NEGOCIO:
1. Discutir y considerar la aprobaci6n de la Resoluci6n 2025-05, Informe Autorizando al Administrador de la Ciudad a Ejecutar Acuerdos Con el Departamento de Administraci6n de Impuestos y Tarifas deCalifornia ComentarioPublico
para la Implementaci6n de un Impuesto Local sobre T
ransacciones y Uso.
Discusi6n
Acci6n
2. Discutir y considerar la aprobaci6n de la Resoluci6n 2025-06, Autorizar el examen de ventas o transacciones y
Usar registros de impuestos.
c
Informe
Discusi6n
Comentario publico
Accion
3. Discutir y considerar la aprobaci6n de la Resoluci6n 2025-07, Adopci6n de tarifas y cargos actualizados para el servicio de recolecci6n de residuos A partir del 1 de julio de 2025.
A
Informe
Discusion
Comentario publico
Acci6n
4. Considere aprobar el M.O.U. del Oficial de Recursos Escolares. con el Distrito Escolar Unificado Conjunto Dos Palos-Oro Loma.
Informe
Discusion
Comentario publico
Acci6n
5. Considere la posibilidad de aprobar un acuerdo de financiaci6n con M.C.A.G. para el disefio y la construcci6n de la calle East Blossom
Proyecto Regional Medida V.
6. Discuta y considere opciones para futuros contratos de arrendamiento de tierras.
7. Discuta y considere actualizar las asignaciones del
Concejo Municipal.
Discusi6n
Comentario
publico
Acci6n
Informe
Discusi6n
Comentario publico
Direcci6n
Informe
Discusi6n
Comentario pr'iblico
Accion
F. CORRESPONDENCIA, EVENTOS, CONSEJOS E INFORMES DEL
PERSONAL
G. LEVANT AR LA SESI('N A PUERTA CERRADA:
1. Secci6n 54957.6 del C6digo de Gobierno de California
CONFERENCIA CON NEGOCIADORES LABORALES
Representantes designados por la agencia: Dewayne Jones, administrador de la ciudad
Organizaci6n de Empleados: Asociaci6n de Oficiales de Policia de Dos Palos
2. Secci6n 54957.6 del C6digo de Gobierno de California
CONFERENCIA CON NEGOCIADORES LABORALES
Representantes designados por la agencia: Dewayne Jones, administrador de la ciudad
Organizaci6n de Empleados: Empleados de Dos Palos Management H. VOLVER A CONVOCAR A UNA
PUERTA CERRADA
SESION
SESI('N PmLICA E INFORMAR A
Yo. APLAZAMIENTO en memoria de los difuntos:
Divulgaciones e informaci6n:
El 98o Concejo Municipal estA compuesto por la alcaldesa Katy Reed, el alcalde pro tempore Thomas Pigg, el concejal Armando Bravo, el concejal Marcus Porter y una vacante. La 46aSesi6n del Consejo ya estA en sesi6n y finaliza el 17 de noviembre de 2026.
Los siguientes numeros de registro disponibles son la Ordenanza #447 y la Resoluci6n 2025-08.
OCiudad de Dos Palos, Inc., sitio web: www.cityofdospalos.org 2174 Blossom Street, Dos Palos CA 93620, (209) 392-2174, correo electr6nico:
cityofdp(,cityofdp.com
4G)18-5477-5107 v. 1
OATH
(ortB4ceof PolceOfficer
I, Roberto Alcala
do solemnly swear
(or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies,foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
Signature
Term Expires
Subscribed and sworn to before me,
this 2o day of May
,4. z) 2025
STD 688 (REV 10/2019)
OATH
@r the @pce,4 Cornrnunity ServiceOfficer
I, MaryNickerson , 40sO(emn7yswear
(or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies,foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
Signature
Term Expires
Subscribed and sworn to before me,
this 2o day of May
,1. z) 2025
STD 688 IRHV 10/201'))
005 PALOS CITY COUNCIL REGULAR MEETING MINUTES
APRIL 15, 2025
A. CALL TO ORDER: Mayor Katy Reed called a regular Meeting of the Dos Palos City Council To order at 6:00 p.m. in the City County Building at 1554 Golden Gate Avenue in Dos Palos.
1. The Flag Salute was led by Councilmember Armando Bravo
2. The Invocation was led by Councilmember Pigg
3. Roll Call: City Clerk Tracy Mosby called the roll finding Councilmembers Present Mayor Reed, Councilmember Pigg, Councilmember Bravo, Councilmember Porter.
4. Urgency Addition or Deletions: None
5. Public Comment: None, opened at 6:02 and closed at 6:03 B. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS.
1. Oath of Office to Reserve Officer Talen Hosaka. He was sworn in by the City Attorney Crystal Pizano.
2. Officer Adam Enas was presented with Police Officer of the Year Award for 2024 by Chief Smothers.
3. Dispatcher Magdalena Felix was presented with Dispatcher of the Year Award for 2024 By Chief Smothers.
4. Dispatcher Kailey Tucci, Det. Adam Coronado, Sgt Gerardo Chavez Sgt Cliff Battles, Officer Thomas Leonard and Officer lose Ramos were Presented with The Life Saving Award presented by Chief Smothers.
5. A Proclamation for the National Day of Prayer will be presented on Thursday, May 1. 2025
C. CONSENT CALENDAR:
1 Its was approved by Councilmember Pigg and seconded by Councilmember Bravo to Approve the City of Dos Palos regular meeting Minutes for March 18 2025. The motion passed 4-0 as follows AYES: Reed, Pigg, Bravo and Porter NOES:
None
2. It was approved by Councilmember Pigg and seconded by Councilmember Bravo To approve the Pre-Paids for March 2025 the motion was passed 4-0 as follows:
Ayes: Reed, Pigg, Bravo and Porter. NOES: None
3. It was approve by Councilmember Pigg and seconded by Councilmember Bravo To approve the Warrants for April 2025, the motion was passed on a 4-0 as follows: Reed, Pigg, Bravo and Porter. NOES: None.
4. The Council denied 4-0 the Claim filed by Mitchell Owens
5.The Council denied 4-0 the Claim filed by Nathan Thomas.
D. BUSINESS:
1. After discussion no Action was taken to Conduct a Public Hearing on Proposed Changes to Refuse Rates for the City of Dos Palos. A public Workshop was scheduled for May 6 @ 6:00p.m.
2. After discussion a motion was made to waive the second reading of Adopting Ordinance 446,Amending Chapter 2.32 of Title 2 of the City of Dos Palos Municipal Code to update the process for the Dos Palos Planning Commission Regarding Appointments.
Councilmember Pigg and seconded by Councilmember Porter comments opened at 6:46 and closed at 6:47 A motion to Adopt was made by Councilmember Pigg and seconded by Councilmember Bravo, motion passed 4-0
3.After discussion a motion was made to consider Approving Resolution 2025-04, Adopting a List of Projects for Fiscal Year 2025-2026 Funded by SBI, Motion to approve was made by Councilmember Porter and seconded by Councilmember Pigg motion passed 4-0.
4. After discussion a motion was made to conduct a drawing for the Fireworks Sales Permit the applicants were Girls Softball, DP Cheer, and The Lighthouse Church. A motion was made by Councilmember Porter and seconded by Councilmember Pigg . The motion passed 4-O The 2 booths will go to The Lighthouse Church and the Athletic Boosters.
5. After discussion to Consider Changes to Chapter 8.22 of the Dos Palos Municipal Code Relating to Fireworks, direction was given to make changes and present at the next meeting.
6. After discussion to consider options to fill the City of Dos Palos Council vacancy a motion was made by Councilmember Pigg seconded by Councilmember Bravo to have application process due May 2nd, hold a special meeting for interviews, and appoint at May 20'h meeting. Motion passed 4-0
7. After discussion to review and make changes to City Council Assignment items where tabled in to the next meeting.
E.CORRESPONDENCE,EVENTS,COUNCIL & STAFF REPORTS
1. May 7'h @ 11 a.m. will be the Ribbon Cutting for the Lorraine Street Bridge.
2. May 7'h @ 11:45 will be the Ribbon Cutting for Merced County Library at O'Banion
3. Multiple reports were given
F. ADJOURN TO CLOSED SESSION: 8:00
G. RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION The meeting reconvened to open session at 8:30 PM. No action was taken during the closed session. Meeting adjourned at 8:31 PM.
in memory of the local departed Hector Corchado 70
Celso Garcia Carter 52
Susie Jordan 51
MEETING ADJOURNED AT 8:00
Respectfully Submitted By:
City Clerk
Tracy Mosby
Pre-Paid Listing April 2025
25248
25249
25250
25251
25252
25253
25337
25338
25339
25340
25341
25342
25360
25361
25362
25363
25364
White Cap
Dos Palos Youth Baseball
Rene Escalante
Premier Valley Bank
Gerardo Villegas
W.M. Lyles Company
Lozano Smith Attorneys at Law
Caltronics Business Systems
CSJVRMA - C/O Bickmore Risk Se
Mid Valley IT
Quad Knopf
Trans-Rock Trucking
Dos Palos Youth Baseball
Rene Escalante
Gerardo Villegas
Elan Financial Services
McNamara Sports
04/03/2025
04/07 /2025
04/07 /2025
04/07/2025
04/07/2025
04/07/2025
04/1 4/2025
04/1 4/2025
04/1 4/2025
04/1 4/2025
04/1 4/2025
04/1 6/2025
04/21 /2025
04/21 /2025
04/21 /2025
04/23/2025
04/25/2025
Report Total (17 checks):
5,533.40
585.70
175.00
51 ,789.39
425.00
983,998.31
3,284.44
126.07
77,579.00
4,7 49.65
1 ,094.50
14,500.00
1 ,029.01
325.00
400.00
1,223.12
1 ,076.07
1 ,147,893.66
AP Checks by Date Summary by Check Date (5/14/2025 2:13 PM) 25379
25380
25381
25382
25383
25384
25385
25386
25387
25388
25389
25390
25391
25392
25393
25394
25395
25396
25397
25398
25399
25400
25401
25402
25403
25404
25405
25406
25407
25408
25409
254 0
254 1
254 2
254 3
254 4
254 5
254 6
254 7
254 8
254 9
25420
25421
25422
25423
25424
25425
25426
25427
25428
25429
25430
25431
25432
25433
Warrant Listing May 2025
Elida Alaniz
Amazon Capital Services
Alejandro Aparicio
AT&T
Lozano Smith Attorneys at Law
AutoZone, Inc.
Baker Supplies and Repairs
Bankcard Center
Bureau of Reclamation
Caltronics Business Systems
Casey Moving Systems
Central California Irrigation
Cintas
Comcast
Comcast
Cooks Communication
CSG Consultants, Inc.
Department of Justice
Department of Transportation H
Dos Palos Fire Dept.
Elan Financial Services
Electric Drives, Inc.
Elite Uniforms
Enviromental.com LLC
Ferguson Enterprises, lnc.#3303
Fresno City College
Fresno Mobile Radio Inc.
Frontier Communications
Geoamalytical Laboratories, INC
Great America Financial Services
Home Depot Credit Services
Independent Investigations LLC
Industrial Chem Labs & Services, INC.
Ingraham Trophies
J.B. Anderson Land Use Planning
JG Hardware Store
Justin's Tire and Auto
Katen Pest Solutions
Richard Lavato
Liebert Cassidy Whitmore A Pro
Kuldip Mahal
Melin Enterprises, INC
Merced County Assn of Governm
Merced County Animal Control
Merced County Public Works
Mid Valley Disposal
Mid Valley IT
Midway Community Water Distric
N & S Tractor Co.
Northstar Chemical
Orozco Yard Maintenance
Pace Supply Corp
Pace Systems, INC
Pacific Gas & Electric
Pacific Gas & Electric
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
4/2025
150.00
268.59
23.07 421 .76
3,308.00
3,54B.47
1,934.08
321 .55
3,265.92
350.19
98.28 19,384.88
1 ,429.98
368.27
1 ,531 .06
822.86
3,413.7 4
914.00
21 .58
22 5.00
2,563.95
11,297.95
1 ,224.92
622.00
1,585.48
61 .00
350.00
78.92 3,895.00
550.29
1 ,312.68
2 ,7 48.80
489.72
294.43
2,700.00
60.74 1 ,709.86
340.00
31 .00
132.00
2 62.00
771 .00
150.00
880.00
489.37
57,473.15
4,994.41
7,575.59
156.13
4,114.50
2,620.00
8,265.67
4,837.28
23,024.82
794.08
Warrant Listing May 2025
25434
25435
25436
25437
25438
25439
25440
25441
25442
25443
25444
25445
25446
25447
25448
25449
25450
25451
25452
25453
25454
25455
25456
25457
25458
25459
25460
25461
25462
25463
25464
25465
25466
25467
Pegboard
Pitney Bowes Purchase Power
Price Paige & Company CPA's, LLP
Pro Auto Repair
Quad Knopf
Quantum FSD, Inc.
Safe T Lite
San Diego Police Equipment Co.
San Luis & Delta Mendota Water
Shirt Shak
Simplot Grower Solutions Firebaugh
Smile Business Products, Inc
South Dos Palos Water District
Sparkletts
Springbrook Holding Company, LLC
State Controller
State Foods Supermarket
Steele Public Safety Systems
TCB Investigations .
The Westside Express
Toro Petroleum
Townsend Public Affairs, INC
Tractor Supply Credit Plan
Trans-Rock Trucking
United Rentals
US Mechanical & Hoodlnc
USDA, Service Center Rural Dev
Utility Service Co., Inc
Valley Animal Hosptial
Vestis
Water Reclamation Equipment, Inc.
WECO Industries, LLC
Westamerica Bank
Westamerica Bank
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/ 4/2025
05/1 4/2025
05/1 4/2025
05/1 4/2025
05/1 4/2025
05/1 4/2025
05/1 4/2025
05/1 4/2025
05/1 4/2025
05/1 4/2025
Report Total (89 checks):
2,689.17
245.77
7,673.00
1,917.29
57,783.69
124.95
6,245.40
1 ,286.89
13,362.15
554.63
1 ,007.40
2 59.24
3 ,422.08
369.70
804.00
4 5.49
19.76 1,318.00
3,000.00
90.00 7,392.05
5 ,000.00
6 8.82
23,150.00
7,546.81
101.00
2 ,475.00
3 ,990.62
589.00
609.39
1 ,112.73
2 55.53
741.92
1 ,503.84
347,013.34
AP Checks by Date - Summary by Check Date (5/14/2025 I :46 PM) RESOLUTION NO. 2025-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOS PALOS AUTHORIZING
THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A
LOCAL TRANSACTIONS AND USE TAX
WHEREAS, on November 19, 2024, the City Council approved Ordinance No.443 and 444 amending the City Municipal Code and providing for a local transactions and use tax; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and WHEREAS, the Department will be responsible for administering and collecting the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enter into a "Preparatory Agreement" and an "Administrative Agreement," attached hereto as Exhibits "A" and "B," respectively, prior to implementation of said taxes, and
WHEREAS, the Department requires that the City Council authorize the agreements.
NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Dos Palos hereby resolves, finds, and orders as follows:
1. The Preparatory Agreement and the Administrative Agreement, attached hereto as Exhibits "A" and "B," respectively, are hereby approved and the City Manager is hereby authorized to execute each agreement.
2. The City Manager or designee, is authorized to prepare, modify, sign, and deliver such documents (including the Preparatory Agreement and Administrative Agreement) and forms and take any other action as may be required of the City by the Department for the proper and timely administration, collection, transmittal, and payment of the transactions and use tax.
PASSED AND ADOPTED this 20th day of May 2025 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Katy Reed, Mayor Tracy Mosby, City Clerk
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (cornmencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of Dos Palos, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereina-tter called Department, do agree as follows:
1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.
2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, prograrnmtng for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance.
These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance.
City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.
6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.) (Rev. 07/24) l
7. Communications and notices may be sent by first class United States mail or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] by mail. Communicationsand noticesto be sentto the Departmentshall be addressed to:
California Department of Tax and Fee Administration
p.o. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:
City Manager and AssiStant City Manager
2174 Blossom Street
Dos Palos, CA 93620
8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.
CITY OF DOS PALOS CALIFORNIA DEP ARTMENT OF TAX
AND FEE ADMINISTRATION
BY BY
(Signature) Administrator
Local Revenue Branch
Dewayne Jones
(Typed Name) Date:
City Manager
(Title)
Date:
(Rev. 07/24) 2
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Dos Palos has adopted, and the voters of the City of Dos Palos (hereafter called "City") have approved by the required majority vote, the City of Dos Palos Transactions and Use Tax Ordinance (hereafter called "Ordinance"), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the "Department") and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:
1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance Nos. 443 and 444, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance.
B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.
C. Transmittal of money.
1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City's self-imposed limits or by final judgment of any court of the State of California holding that City's ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear. (Rev. 7/24)
F. Security. The Department agrees that any security which it herea'fter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears.
The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.
G. Records of the Department.
When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller's permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.
H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:
1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion (Rev. 7/24) 3
of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designateor through email [email protected]. If and when communicationsand noticesmay include confidential information, communications and notices must be sent through encrypted email at [email protected] by mail.
(Rev. 7/24) 4
Communications and notices to be sent to the Department shall be addressed to:
California State Department of Tax and Fee Administration p.o. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:
City Manager
2174 Blossom Street
Dos Palos, CA 93620
Unless othenvise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on October 1, 2025. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall therea'fter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. (Rev. 7/24) 5
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INV ALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under Article II. c., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City sliall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance
2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.
4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing (Rev. 7/24) 6
the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties re'funded or paid to taxpayers, together with Department costs incurred in making those refunds.
CITY OF DOS PALOS CALIFORNIA ST ATE DEPARTMENT OF
TAX AND FEE ADMINISTRATION
BY BY
(Signature) Administrator
Local Revenue Branch
Dewayne Jones
(Typed Name) Date:
City Manager
(Title)
(Date)
(Rev. 7/24) 7
RF,SOLUTION NO. 2025-06
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOS PALOS AUTHORIZING
EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS WHEREAS, pursuant to and Revenue and Taxation Code section 7270 and Ordinance Nos. 443 and 444, the City of Dos Palos (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and
WHEREAS, the City Council of the City of Dos Palos deems it desirable and necessary for authorized officers, employees and representatives of the District to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Department for the City pursuant to that contract; and WF-IEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;
NOW THEREFORE, THE CITY CO{JNCIL OF THE CITY OF DOS PALOS hereby resolves, finds, and orders as follows:
1. The following authorized position titles are hereby appointed, individually and jointly, to represent the City with the authority to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department. (a) City Manager
(b) Assistant City Manager
(c) Finance Director
2. The aforementioned authorized position titles are authorized to designate other individuals, or officers or employees of the City, by name and/or position title, in writing to the California Department of Tax and Fee Administration as appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department pursuant to the contract between the City an Department.
< 'DO8
RESOLUTION N0. 2025-07
RESOLUTION OF THE CITY COUNCIL OF DOS PALOS, CALIFORNIA,
ADOPTING RATE INCREASES FOR REFUSE RECYCLING, REFUSE GREEN
WASTE, AND STREET SWEEPING SERVIC'ES IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION WHEREAS, the City Corincil of the City of Dos Palos commissioned a Proposition 218 Refuse Rate Study for the purpose of determining appropriate rate increases and providing an overall 5-year plan of how to increase rates for re:tuse and street sweeping services. The report provided detailed tables and increased percentages to recover the cost of refuse (green waste and recycling) and street sweeping costs; and
WHEREAS, the City Council of Dos Palos is required to conform to the requirements of the Proposition 218 0mnibus Implementation Act (Government Code Sections 53750- 53758); and
WHEREAS, the City Council reviewed the Refuse Rate Study at a study session at their regular October 22, 2024, meeting; and
WHEREAS, the City Council approved the Refuse Rate Study at their regular Febrriary 18, 2025, meeting and directed City staff to send notices and set a public hearing date to consider the rate increases for May 20, 2025; and
WHEREAS, notice of a public hearing to take place on May 20, 2025, was mailed to property owners as required by Article XIII D of the California Constitution and Municipal Code Chapter 8.12.190. The notice stated the proposed fee increases and described how a written protest of the fee increase could be filed with the City Clerk; and, WHF,REAS, a public workshop was held in the Council Chambers on May 6, 2025, to allow opportunities for questions and answers about the Refuse Rate Study and the proposed fee increases; and
WHEREAS, a Public Hearing was held on May 20, 2025, and all interested persons were afforded the oppoitunity to speak and be heard; and,
NOW, THEREFORE, THE CITY OF DOS PALOS CITY COUNCIL DOES HEREBY RESOLVE, FIND, AND ORDER AS FOLLOWS:
1 1. The City Council of the City of Dos Palos has considered the oral statements, and all written protests made or filed by any interested person.
2. The number of written protests has been tallied by the City Clerk. A majority of the property owners/rate payers did not file a written protest.
3. The City Council hereby approves this resolution certifying the voting results of the written protests.
BE IT FURTHER RESOLVED, THE CITY OF DOS PALOS CITY COUNCIL DOES HEREBY ORDER AS FOLLOWS:
1. The City Council of the City of Dos Palos hereby accepts and adopts new rate increases for refuse recycling, refuse green waste, and street sweeping services, as shown in Exhibit A, and directs City staff to implement said increases.
2. The Year 1 fee increase shall be effective on July 1, 2025.
3. The Years 2 through 5 fees shall automatically increase on July I of each year 2026 through 2029.
PASSED AND ADOPTED tliis 20"' day of May 2025 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Tracy Mosby, City Clerk
Katy Reed, Mayor
2 Exhibit A
Service Type Current Year 7
Increase
Trash
Green
60%
923.00 923.00
Year 2 Year 3 Year 4 Year 5
60% 20% 15% 15%
923.00 S23.00 923.00 923.00
Recycled
Total Effective Increase
at
1 5.48% 21 .45% 9.42% 7.75ob B.27%
The new Year 1 refuse (green and recycled) rates in the above table will become effective July 1, 2025, and increase each year thereafter on July 1 through the year 2029.
Increase
Residential Customers 50.00
Commercial Customers 90.00
The new Year 1 street sweeping rates in the above table will become effective July 1, 2025, and increase each year thereafter on July 1 through the year 2029.
3 SCHOOL RESOURCE OFFICER MOU
BETWEEN
DOS PALOS-ORO LOMA JOINT UNIFIED SCHOOLDISTRICT
AND THE CITY OF DOS PALOS POLICE DEPARTMENT
This Memorandum of Understanding ("MOU") is entered into by and between the Dos PalosOro Loma Joint Unified School District ("District") and the City of Dos Palos Police Department ("City"), hereinafter collectively referred to as "Parties" for the purpose of developing a collaborative partnership between the Parties to help ensure the safety, protection, and education of the youth of the District.
Agreement
1. The term of the MOU will be from July 1, 2025 through June 30, 2028 for a period of three (3) years. However, should either Party encounter budgetary constraints that make the continuation of this Agreement impractical, then either Party may terminate this Agreement upon sixty (60) days' notice to the other.
2. The collaborative partnership between the two agencies will share in the staffing of two (2) School Resource Officers (SRO) to support the District's efforts to improve school safety and student discipline. Since issues of truancy, gang involvement, and drug and alcohol abuse interfere with the academic success of students, this partnership recognizes that these problems can better be addressed in a cooperative partnership between the schools and the City. It is the intention that our mutual efforts create programs and provide resources to schools that focus on prevention and intervention that can serve as deterrents to negative behaviors and provide support to parents and families.
3. District Obligations. To accomplish the purposes of this project, the District agrees to:
@ Pay the City a sum not to exceed $90,000 per year for each SRO position, which represents the salary and benefits of an SRO, and an amount not to exceed $8,000 per year of pre-approved overtime costs associated with District activities of the SRO.
* In cooperation with the site administrators, promote active participation of the City's Police Department and assigned SRO in program planning and implementation of related activities associated with the partnership collaborative, including parent education, family activities, and alternative student events.
* Through the District's Superintendent, establish coordination between the District, Police Department, SRO, and the school community through quarterly meetings for that purpose.
* Provide for the coordination of classroom instruction as needed for students at all school sites.
* Establish communication protocols within the District for the urgent response to all school sites.
@ Identi'[y a site administrator responsible for the duties and whereabouts of the SRO while at their "primary" school assignment.
* Provide the SRO with a workspace and access to office-related equipment, as necessary.
4. City Obligations. To accomplish the purposes of this Agreement, the City agrees to the following:
* Serve as the financial coordinator of the collaborative project, to include the accounting and billing to the District, on a monthly basis of the salary and benefits outlined in this Agreement, including itemized overtime costs associated with the school activities.
* Promote active participation with the District in program planning and implementation of the program objections, including attendance at quarterly meetings.
* Provide supervision of the SRO, who will be accountable to the City consistent with "the chain of command" of the assigned SRO. The Commanding Officer will ensure compliance by the SRO with all City rules and regulations throughout the course of this Agreement. * The SRO will have decision-making authority regarding the enforcement of applicable laws and procedures consistent with the latitude given to any other sworn member of the Police Department. The SRO will request the assistance and guidance of the on-duty field supervisor or the Commanding Officer as appropriate while performing his/her duties as the SRO. * The SRO is fully dedicated to school sites and issues during the school year except for time-off, training, and occasional emergency calls or situations.
This includes all school sites and other sites and property under control of the District.
* Send the SRO to appropriate agreed-upon District training. * The terms set forth in the MOU between the City and the District. 2 * Provide an on-site workspace for the SRO at the Police Department and supply all enforcement-related materials and equipment. The Police Department will maintain records of crime reports created by the SRO.
5. SRO Services.
The SRO shall provide the following types of services:
* Direct student contact and a general presence on District campuses as determined by the District, including supervising and monitoring students in support of ICC and site administration.
@ ASSiSt with directing school traffic before, during, and afterschool periods during high traffic times as determined by the District. * Provide enforcement assistance with the District for students and/or families failing to respond to the District's SARB requests and/or agreements. * Involvement with parent, family, and community activities related to this project. Provide surveillance, intelligence, investigations, and enforcement activities.
* Conduct student home visits, as appropriate, and in coordination with District administration.
* Provide education about drugs and gangs to the District staff and parents upon request. Actively assist in the supervision of their primary school assignment.
* Respond to emergency calls for other school sites as needed.
6. Monthly Reports. The SRO shall provide monthly reports to the District for all incidents for they are involved. The District shall provide a monthly attendance report to the City showing days the SRO worked on school campus.
7. Quarterly Meetings. Representatives from City and the District's administrative group will schedule and conduct quarterly meetings. The purpose of the meetings is to evaluate the collaborative efforts in the areas of communication, level of participation/interaction, and the degree to which the project is effective.
8. Status of SRO. The SRO shall be an employee of the City. The Parties acknowledge that the SRO is not an employee or agent of the District for any purpose, is not entitled to participate in any District pension plans, retirement, health and welfare programs, or any similar programs or benefits. The District shall have the right to approve the SRO assigned to it under this MOU and shall have the right to require that the SRO be replaced, if their performance is unsatisfactory to the District, within a reasonable time of the District 3 requesting such a replacement.
9. The City shall be responsible for tax withholding as requested by the SRO. The SRO shall be solely responsible for payment of any tax liability arising out of their compensation for services performed under this MOU.
10. If the SRO is ordered by the City to leave their school during normal duty hours and to perform other services for the City, then the time spent shall not be considered hours worked under this Agreement. In that event, the compensation paid by the District to the City shall be reduced by the number of hours of SRO service not provided to the District or the hours shall be made up in a manner determined by mutual agreement of the Parties.
11. In the event an SRO is absent from work, the SRO shall notify his or her supervisor in the City and the principal of the school to which the SRO is assigned. The City will assign another SRO qualified officer, if available, to substitute for the SRO who is absent beginning with the third consecutive day of absence. In the event the absence is not filled, the compensation paid by the District to the City shall be reduced by the number of hours of SRO service not provided to the District.
12. The District assumes no liability for workers' compensation for the assigned SRO. The City certifies it is aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and further certifies that the City will comply with such provisions before commencing performance under this Agreement.
13. Anyandallroutineinvestigations,onDistrictcampusesbyassignedlaw enforcement personnel, shall be coordinated with the respective principal or official designees.
14. The District and the City agree to make joint presentations to the governance entities of either organization upon request.
15. The Parties agree that the SRO shall be deemed to be a "school official" for the performance of SRO's duties on behalf of the District. The SRO shall therefore be allowed access to student records, but the District is in direct control of the use, maintenance, and disclosure of student records in accordance with Education Code section 49076 and other applicable provisions of law. School officials shall allow the SRO to inspect and copy any student records maintained by the school for which the SRO has a "legitimate educational interest" within the scope of the SRO's service under this Agreement. This includes access to student directory information to the extent permitted by District policy, classroom assignments, attendance records, and discipline files. However, the SRO may not inspect or copy confidential student records outside the scope of the SRO's service, except as allowed by law.
If confidential student record information is needed in an emergency to protect the health or safety of a student or others, the District may disclose to the SRO information that is needed to respond to the emergency situation based on the seriousness of the threat to someone's 4 health or safety, the need of the information to meet the emergency situation, and the extent to which time is of the essence.
If confidential student record information is needed by the SRO, but no emergency situation exists, the information may be released only upon the issuance of a subpoena, a court order, or written authorization of the parent/guardian.
Pursuant to Education Code section 48902, the principal or designee shall notify the SRO of any acts of a student that may violate specified provisions of the Penal Code and Education Code. This may require the disclosure of the student's name or other identifying information to the SRO, along with information related to the underlying offense.
16. Law Enforcement Records. Pursuant to Welfare and Institutions Code sections 827, 828.1, and 828.3, certain law enforcement records, probation reports, and juvenile case file information may be provided to the District Superintendent or his/her designee.
17. Indemnity.
A. The District shall indemni'Jy, defend, and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all liability, claims, losses, liability or damage, demands or actions, costs, expenses, awards, fines, judgements, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees, and prevailing party fees and costs) of every nature arising out of or resulting from the performance of this Agreement, caused in whole by any negligent or willful act or omission of the District, its officers, agents, employees, or anyone directly or indirectly acting on behalf of the District.
B. The City shall indemni:[y, defend, and hold harmless the District, its officers, officials, agents, employees, and volunteers from and against any and all liability, claims, losses, liability or damage, demands or actions, costs, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, attorney fees, expert witness fees, and prevailing party fees and costs) of every nature arising out of or resulting from the performance of this Agreement, caused in whole by any negligent or willful act or omission of the City, its officers, agents, employees, or anyone directly or indirectly acting on behalf the City.
C. If an indemnifying party defends or prosecutes any third-party claim, the indemnified party will reasonably cooperate in the defense or prosecution thereof and will furnish such records, information and testimony, provide such witnesses and attend such conferences, discovery proceedings, hearings, trials and appeals as may be reasonably requested in coru'iection with such the third-party claim. Such cooperation will include access during normal business hours afforded to the indemnifying party to, and reasonable retention by the indemnified party of, records and information that are reasonably relevant to such third-party claim, and making the indemnified party and its employees and agents available on a mutually convenient basis to provide additional 5 information and explanation of any material provided hereunder.
D. It is the intention of the District and the City that, where fault is determined to have been contributory, principles of comparative fault will be followed and each Party shall bear the proportionate cost of any damage attributable to the fault of that Party, its officers, directors, agents, employees, volunteers, subcontractors, and governing board.
E. The Parties acknowledge that it is not the intent of this Agreement to create a duty of care by the City or its assigned SRO that they would not owe in the absence of this Agreement. This Agreement does not create an affirmative duty of care (including, without limitation, a duty to protect, a duty to deter, and/or a duty to intervene) by the City or the assigned SRO and the absence of the assigned SRO and/or the patrol vehicle is not a material breach of this Agreement. The Parties further acla'iowledge that by entering into this Agreement neither the City nor its assigned SRO intends to waive any immunities to which they would be entitled in the absence of this Agreement.
F. Each Party shall immediately noti'fy the other Party of any claims or legal actions arising out of the performance of this Agreement. With the exception of claims or actions against one another, each Party will reasonably cooperate in the defense of claims or actions against either Party arising under this Agreement or legal challenges brought as to the validity of this Agreement.
G. The provisions of this indemnity shall survive the expiration or termination of this Agreement.
18. Insurance.
A. Both Parties, at its each sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit "A" and naming the other Party as an additional insured under the agreement. Exhibit "A" is attached to this Agreement and incorporated herein as though fully set forth. The Parties and their contractors, if any, shall obtain a policy endorsement naming the other Party as an additional insured under any general liability policy or policies.
B. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating Guide ratings of A-:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of the Parties retained to perform services under this Agreement will obtain and maintain, in 'full force and effect during the term of this Agreement, identical insurance coverage, naming Parties as an additional insured under such policies as required above.
C. Certificates evidencing such insurance shall be filed with both Parties 6 concurrently with the execution of this Agreement. The certificates will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except a'fter filing with the Parties thirty (30) days' prior written notice of the cancellation or modification (except for non-payment of premium), in which case ten (10) days' notice is required.
D. If the insurer cancels or modifies the insurance and provides less than thirty (30) days' notice, it shall provide the Parties written notice of the cancellation or modification within two (2) business days of the Parties' receipt of such notice. Each Party shall be responsible for ensuring that current certificates evidencing the insurance are provided to the other Party during the entire term of this Agreement.
E. The procuring of such required policy or policies of insurance will not be construed to limit either Parties' liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, each Party will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the obligations performed under this Agreement, including such damage, injury, or loss arising after this Agreement is terminated or the term has expired.
19. ApplicableLaws. ThePartiesshallprovidetheservicesspecifiedinthis Agreement in accordance with any applicable federal and state statutes, regulations, and directives.
20. Amendments. No modification, amendment, or addendum to this Agreement shall be valid unless it is set forth in writing, signed by the Parties, and approved by the District's Governing Board and the City.
21. Entire Agreement. This Agreement constitutes the entire agreement between the District and the City regarding the subject matter of this Agreement and supersedes all previous understandings or agreements regarding provision of an SRO.
22. Severability. If any term or provision of this Agreement is determined to be unlawful or in conflict with any law of the State of California, the validity of the remaining portions or provisions shall not be affected. Each term or provision of this Agreement shall be valid and enforced as written to the fullest extent permitted by law.
23. Assignment. This Agreement may not be assigned or otherwise transferred by either Party hereto without the prior written consent of the other Party.
24. Good Faith. The Parties, their agents and employees agree to cooperate in good faith in fulfilling the terms of this Agreement. The Parties agree that they will attempt to resolve any disputes concerning the interpretation of this Agreement and unforeseen questions and difficulties, which may arise, by good faith negotiations before resorting to any litigation.
25. Counterparts. This Agreement may be signed in counterparts, and each 7 counterpart shall be deemed an original, and all counterparts taken as a whole shall constitute one and the same instrument.
26. Notices. All notices concerning this Agreement shall be deemed to have been served when deposited in the United States mail, first-class postage prepaid, and addressed as follows:
Dos Palos-Oro Loma Joint Unified School District
Attn: Superintendent
2041 Almond Street
Dos Palos, CA 93620
City of Dos Palos Police Department
Attn: Chief of Police
1546 Golden Gate Avenue
Dos Palos, CA 93620
27. Renewal. This Agreement has the option to be renewed for three one-year periods, for a total of six years, by mutual agreement of the Parties.
The Parties have executed this Agreement on the date written below.
Dos Palos-Oro Loma Joint Unified School District City of Dos Pa}os Police Department B7:
Dr. Andrew Schwab
Superintendent
Date:
B7:
Chief of Police
Date:
8 EXHIBIT "A" INSURANCE REQUIREMENTS
EACH PARTY, AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBT AIN AND MAINT AIN INSURANCE IN THE AMO{JNTS FOR THE
COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH THE OTHER PARTIES' INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW.
TYPE OF COVERAGE MINIMUM TYPE MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
WORKER'S COMPENSATION
EMPLOYER'S LIABILITY
STATUTORY
$1,000,000
COMMERCIAL GENERAL LIABILITY,
INCLUDING PERSONAL rNJURY, BROAD
FORM PROPERTY DAMAGE
Coverage must be at least as
broad as ISO CG 00 01 and
must inciude property damage,
bodily injury aim persona}
n;Biry coverage.
$5,000,000 $10,000,000
AUTOMOBILE LIABILITY, INCLUDING ALL
OWNED, H[RED, ANDNON-OWNED
District shall provide auto
liability coverage for owned,
non-owned, and hired autos
using ISO Business Auto
Coverage form CA 00 01, or
the exact equivalent, with a
limit of no less tlian $5,000,000
per accident.
$5,000,000 $10,000,000
PROFESSIONA_L LI_ABILITY, INCLUDING,
ERRORS AND OMISS[ONS, MALPRACTICE
(WHENAPPLICABLE), AND NEGLIGENT
PERFORMANCE
ALL DAMAGES $1,000,000
EMPLOYMENT PRACTICES LIABILTY,
INCLUDING COVERAGE FOR THIRD-PARTY
CLAIMS
Include coverage for aiiy claiin
brouglit against tlie City by or on
belialf of any tliird party claiming
actiial or alleged discrimination,
sexual harassmei'it, or violation of third
party's civil rig]its.
$1,000,000
EACH PARTY, AT ITS SOLE COST AND EXPENSE, SH_ALL OBT AIN AND MAINT AIN, IN FULL FORCE AND EFFECT THROUGHOUT
THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERACJE HEREIN DESCRJBED, INSURING NOT ONLY
CONTRACTOR AND ITS SUBCONSULT ANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION,
EMPLOYER'S LIABILITY, AND PROFESSIONAL INSURANCE,
9 I. INSURANCE COVERAGE MUST INCLUDE:
A. A PROVISION FOR A WRITTEN THIRTY DAY ADV ANCE NOTICE (TEN DAYS' NOTICE FOR
CANCELLATION DUE TO NON-PAYMENT OF PREMIUM) TO THE OTHER PARTY FOR ANY CHANGE IN COVERAGE OR OF COVERAGE CANCELLATION.
B. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR'S AGREEMENT TO INDEMNIFY CITY OR THE DISTRICT.
C. DEDUCTIBLE AND/OR SELF-INSURANCE RETENTION AMOtJNTS IN EXCESS OF $500,000 REQUIRE THE OTHER PARTY'S PRIOR APPROV AL.
II. EACH PARTY MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING RF.QUIRED COVERAGE.
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSUREDS."
A. PRIMARY COVERAGE: WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE
NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR
CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY: THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS
INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE
INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
This Agreement, including all recitals [and Exhibits] constitutes the entire agreement of the Parties. This Agreement may be amended or modified only by the mutual written agreement of the Parties. This Agreement is invalid unless approved by the legislative body of each Party, although it may be executed by an authorized agent of each Party.
Dos Palos Oro Loma Joint Unified School District City of Dos Palos Andrew Schwab Dewayne Jones
Superintendent of Schools City Manager
Date Date
10 Measure V Regional Project Funding Agreement No. 20250423EF MeasureV
MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
between
MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the
CITY OF DOS PALOS
This Measure V Regional Project Funding Agreement ("AGREEMENT"), effective the day of May, 2025, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Dos Palos ("RECIPIENT") for the Construction phase of the Blossom Street East Area Project ("PROJECT").
RECIT ALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. ("Act"), approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax ("Measure V").
B. The duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County's 2016 - % Cent Transportation Sales Tax Measure Expenditure Plan ("Expenditure Plan"), as it may be amended in accordance with State law.
C. This AGREEMENT delineates the rights and responsibilities of the Parties hereto as they relate to the Regional Projects funds that are allocated to the PROJECT by the MCAG Governing Board, as authorized by the Expenditure Plan.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
1 Measure V Regional Project Funding Agreement No. 20250423EF ARTICLE I: REGIONAL PROJECTS FUNDING ALLOCATION
This AGREEMENT authorizes MCAG to allocate Regional Projects funds derived from Measure V receipts to RECIPIENT in accordance with the voter-approved Expenditure Plan based on the PROJECT's satisfaction of the following criteria:
* The PROJECT is of regional significance by being located on the State Highway System, the Regional Road System, in more than one jurisdiction, and/or directly benefiting more than one jurisdiction.
* The PROJECT is included in the applicable Regional Transportation Plan (RTP). * The PROJECT was recommended by the appropriate Regional Projects Committee of authority based on the PROJECT location.
@ The PROJECT was approved by the MCAG Governing Board. * The PROJECT is included in the current Measure V Implementation Plan.
ARTICLE II: PROJECT SCOPE, COSTS, AND SCHEDULE
A. Project Scope
1. The funding allocation subject to this AGREEMENT was approved by the MCAG Governing Board for the PROJECT, defined specifically as the construction phase of the Blossom Street East Area project.
2. The Blossom Street East Area Project in full will rehabilitate East Blossom Street and portions of Lucerne Avenue, Leonard Avenue, and Harris Avenue including ADA compliant sidewalks.
3. In utilizing the Measure V funding allocation, the RECIPIENT shall only proceed with work authorized for the specific phase(s) with written "Authorization to Proceed." Within 5 days of the execution of this AGREEMENT or amendment thereof, MCAG shall provide a written "Authorization to Proceed" to the RECIPIENT.
B. Project Costs
1. The construction of the Blossom Street East Area Project has a total estimated project cost of 56,575,000 as of the date of this AGREEMENT.
2. The PROJECT has been approved for an allocation from the Measure V West Side Regional Projects funding account in an amount not to exceed S4,860,627. 2 Measure V Regional Project Funding Agreement No. 20250423EF
3. The RECIPIENT is responsible for any PROJECT cost overruns. Requests for additional Measure V regional projects revenue beyond what is approved and programmed in the current Implementation Plan may be considered by MCAG through an amendment to the Implementation Plan. All Implementation Plan amendments must be approved by the Governing Board.
4. Regional funding allocated to RECPIENT for the PROJECT that remains unspent at the completion of the PROJECT will remain in the appropriate Regional Projects funding account and will be eligible for future programming to regional projects as authorized by the Expenditure Plan.
C. Project Schedule
1. RECIPIENT shall adhere to the following schedule to deliver the PROJECT in a timely manner.
Inactivity causing delays of 6 months or more during any phase of the PROJECT shall require action from the MCAG Governing Board to either extend the PROJECT schedule through an amendment to this AGREEMENT or reallocate the PROJECT"s funding to another project in the current Implementation Plan.
a. Project Study Report NA
b. Environmental Impact Study June 2025
c. Design DATE
d. Right of Way Acquisition NA
e. Construction Fall 2025
2. The RECIPIENT has six months from the date of this AGREEMENT to execute consultant contracts or initiate work if done by the RECIPIENT's staff.
3. The RECIPIENT shall advertise, award, and administer the PROJECT in accordance with RECIPIENT standards and all applicable federal and state laws.
4. Award information shall be submitted by the RECIPIENT to MCAG within sixty (60) days after the project contract award.
5. If no costs have been invoiced for a six-month period, RECIPIENT agrees to submit for each phase a written explanation of the absence of the PROJECT's activity along with target billing date and target billing amount.
6. Measure V Regional Projects funding allocated to the PROJECT that remains unused at the conclusion of the PROJECT schedule above (including any extensions authorized by MCAG) 3 Measure V Regional Project Funding Agreement No. 20250423EF may be redistributed to other regional projects within the current Implementation Plan at the discretion ofthe MCAG Governing Board.
D. Changes to Project
Changes to the PROJECT scope, schedule or Measure V Regional Projects funding allocation may require an amendment to the Measure V Implementation Plan at the discretion of the MCAG Governing Board. Subsequently, any amendments to the Implementation Plan related to the PROJECT will also require an amendment to this AGREEMENT, requiring action from both parties.
ARTICLE 111:FUNDING AND EXPENDITURES
A. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)
1. RECIPIENT shall be reimbursed no later than thirty (30) days following the submission of invoices to MCAG for allowed PROJECT costs, with the exception of costs associated with compliance with the requirements outlined in Article IV, Section A of this AGREEMENT.
2. MCAG shall provide the reimbursement forms and documentation requirements for the submission ofinvoices to RECIPIENT no later than thirty (30) days following the date of this AGREEMENT.
3. MCAG shall include Measure V Re@ional Projects funds distributed to the PROJECTin a quarterly report to the MCAG Governing Board.
4. Per the Expenditure Plan, MCAG shall provide for an independent annual audit of Measure V revenue and expenditures for all funding categories, including the PROJECT.
5. MCAG shall provide thirty (30) days notice to RECIPIENT prior to conducting an audit of Regional Project funds received by RECIPIENT for the PROJECT to determine whether the RECIPIENT"s use of said funds is in compliance with this AGREEMENT and the Expenditure Plan.
B. RECIPIENT'S DUTIES AND OBLIGATIONS
1. RECIPIENT shall use all Regional Projects funds received for this PROJECT in compliance with the applicable guidelines and plan(s), as they may be adopted or amended by the MCAG Governing Board in accordance with applicable law.
2. RECIPIENT must account for Regional Projects funds separately - independent of Measure V Local Projects accounts. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective 4 Measure V Regional Project Funding Agreement No. 20250423EF usage and application of said funds. MCAG and its representatives and agents shall have the right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law.
3. RECIPIENT will utilize the Designated Reporting Tool to provide MCAG with the required information related to Regional Projects fund expenditures according to the following schedule:
Quarter Reporting Period Due Date*
FY Ql
FY Q2
FY Q3
FY Q4
July 1 to September 30
October 1 to December 31
January 1 to March 31
April 1 to June 30
October 31
January 31
April 30
August 31**
"If the due date falls on a weekend/holiday, the quarterly reports are due the next business day. "60 days provided for the 4'h quarter of each fiscal year.
C. OTHER CONSIDERATIONS
1. PROJECT-Specific Allocation: RECIPIENT shall use all Regional Projects funds allocated to the PROJECT solely for the PROJECT. Any jurisdiction that violates this provision, as determined by the MCAG Governing Board or Measure V Citizens Oversight Committee, must fully reimburse all misspent funds, including all interest which would have been earned thereon.
The interest rate shall not exceed the maximum allowed by law.
2. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with the PROJECT, including direct staff costs and consultant costs, are eligible uses of said funds. Indirect costs, including, but not limited to, overhead costs such as rent, utilities, and human resources staff, are not allowed.
3. C The PROJECT shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.
4. Promotion:Ataminimum,RECIPIENTagreestopromotethePROJECTthroughbranded signage and is encouraged to utilize additional means such as news releases, social media, events, or any other tools to communicate to the public that the project was funded by Measure V. RECIPIENT also agrees to provide MCAG with at least five (5) photographs of the 5 Measure V Regional Project Funding Agreement No. 20250423EF project, either in progress, before and after completion, or some combination thereof. At least one photograph of the completed PROJECT is required.
ARTICLE IV: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold reimbursement payment for the PROJECT until full compliance is achieved.
1. As a means to keep the public informed, the RECIPIENT, at a minimum, shall provide quarterly updates of current and accurate information on RECIPlENT"s website (if applicable) and to MCAG for the Measure V website, related to the PROJECT"s progress.
2. RECIPIENT shall, at least annually, publish an article highlighting the PROJECT, or provide information to MCAG regarding such project or program for publication.
3. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPIENT's receipt, usage, and/or compliance with audit findings regarding the PROJECT before the Citizens Oversight Committee.
4. RECIPIENTagrees that MCAG may review and/or evaluate the PROJECTpursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT's project or program operations, to review project or program data and financial records, and to discuss the project with RECIPlENT"s staff or governing body.
ARTICLE V: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Regional Projects funds distributed to RECIPIENT for the PROJECT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) 6 Measure V Regional Project Funding Agreement No. 20250423EF occurring by reason of anything done or omitted to be done by RECIPIENT for the PROJECT in connection with the Regional Projects funds distributed to RECIPIENT pursuant to this AGREEMENT.
B. INDEMNITY BY MCAG
Neither RECIPIENT nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT.
C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Merced County, California.
D. ATTORNEY'S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party.
E. TERM
The term of this AGREEMENT shall be from the effective date to sixty (60) days following the completion of the scope of work as described in Article II, unless amended in writing or a new Measure V Regional Project Funding Agreement is executed between MCAG and RECIPIENT.
F. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such 7 Measure V Regional Project Funding Agreement No. 20250423EF unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
G. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes all prior written or oral understandings regarding the Regional Projects funding for the PROJECT. This AGREEMENT may only be modified by a written agreement executed by both parties.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
CITY OF DOS PALOS (RECIPIENT) MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) B7:
Dewayne Jones
City Manager
Date
By:
Stacie Guzman
Executive Director
Date
Approved as to Budget/Financial Controls: Reviewed as to Budget/Financial Controls:
By:
Manuela Sousa
Director of Finance
Date
By:
Nav Bagri
Finance Director
Date
Approved as to Legal Form: Approved as to Legal Form:
By: By:
Measure V Regional Project Funding Agreement No. 20250423EF Legal Counsel Date Emily Haden
Legal Counsel to MCAG
Date
9 Measure V Regional Project Funding Agreement No. 20250424EF MeasureV
MEASURE V REGIONAL PROJECT FUNDING AGREEMENT
between
MERCED COUNTY ASSOCIATION OF GOVERNMENTS
and the
CITY OF DOS PALOS
This Measure V Regional Project Funding Agreement ("AGREEMENT"), effective the day of May, 2025, is entered into by and between Merced County Association of Governments, a joint powers authority pursuant to California Government Code Section 6500 et seq. (MCAG), and the City of Dos Palos ("RECIPIENT") for the Design phase of the Blossom Street East Area Project ("PROJECT").
RECITALS
A. On November 8, 2016, the voters of Merced County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq. ("Act"l approved Measure V, thereby authorizing MCAG to administer the proceeds from the one-half cent transaction and use tax ("Measure V").
B. The duration of the Measure V transportation sales tax will be 30 years from the initial year of collection, which began April 1, 2017, with said tax to terminate/expire on March 31, 2047. The tax proceeds will be used to pay for the programs and projects outlined in Merced County's 2016 - H Cent Transportation Sales Tax Measure Expenditure Plan ("Expenditure Plan"), as it may be amended in accordance with State law.
C. This AGREEMENT delineates the rights and responsibilities of the Parties hereto as they relate to the Regional Projects funds that are allocated to the PROJECT by the MCAG Governing Board, as authorized by the Expenditure Plan.
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:
1 Measure V Regional Project Funding Agreement No. 20250424EF ARTICLE I: REGIONAL PROJECTS FUNDING ALLOCATION
This AGREEMENT authorizes MCAG to allocate Regional Projects funds derived from Measure V receipts to RECIPIENT in accordance with the voter-approved Expenditure Plan based on the PROJECT"s satisfaction of the following criteria:
* The PROJECT is of regional significance by being located on the State Highway System, the Regional Road System, in more than one jurisdiction, and/or directly benefiting more than one jurisdiction.
* The PROJECT is included in the applicable Regional Transportation Plan (RTP). * The PROJECT was recommended by the appropriate Regional Projects Committee of authority based on the PROJECT location.
* The PROJECT was approved by the MCAG Governing Board. * The PROJECT is included in the current Measure V Implementation Plan.
ARTICLE II: PROJECT SCOPE, COSTS, AND SCHEDULE
A. Project Scope
1. The funding allocation subject to this AGREEMENT was approved by the MCAG Governing Board for the PROJECT, defined specifically as the design phase of the Blossom Street East Area project.
2. The Blossom Street East Area Project in full will rehabilitate East Blossom Street and portions of Lucerne Avenue, Leonard Avenue, and Harris Avenue including ADA compliant sidewalks.
3. In utilizing the Measure V funding allocation, the RECIPIENT shall only proceed with work authorized for the specific phase(s) with written "Authorization to Proceed." Within 5 days of the execution of this AGREEMENT or amendment thereof, MCAG shall provide a written "Authorization to Proceed" to the RECIPIENT.
B. Project Costs
1. The construction of the Blossom Street East Area Project has a total estimated project cost of S6,575,000 as of the date of this AGREEMENT.
2. This PROJECT has been approved for an allocation from the Measure V West Side Regional Projects funding account in an amount not to exceed 5505,000. 2 Measure V Regional Project Funding Agreement No. 20250424EF
3. The RECIPIENT is responsible for any PROJECT cost overruns. Requests for additional Measure V regional projects revenue beyond what is approved and programmed in the current Implementation Plan may be considered by MCAG through an amendment to the Implementation Plan. All Implementation Plan amendments must be approved by the Governing Board.
4. Regional funding allocated to RECPIENT for the PROJECT that remains unspent at the completion of the PROJECT will remain in the appropriate Regional Projects funding account and will be eligible for future programming to regional projects as authorized by the Expenditure Plan.
C. Project Schedule
1. RECIPIENTshalladheretothefollowingscheduletodeliverthePROJECTinatimelymanner.
Inactivity causing delays of 6 months or more during any phase of the PROJECT shall require action from the MCAG Governing Board to either extend the PROJECT schedule through an amendment to this AGREEMENT or reallocate the PROJECT"s funding to another project in the current Implementation Plan.
a. Project Study Report NA
b. Environmental Impact Study NA
c. Design June2025
d. Right of Way Acquisition NA
e. Construction Fall 2025
2. The RECIPIENT has six months from the date of this AGREEMENT to execute consultant contracts or initiate work if done by the RECIPIENT"s staff.
3. The RECIPIENT shall advertise, award, and administer the PROJECT in accordance with RECIPIENT standards and all applicable federal and state laws.
4. Award information shall be submitted by the RECIPIENT to MCAG within sixty (60) days after the project contract award.
5. If no costs have been invoiced for a six-month period, RECIPIENT agrees to submit for each phase a written explanation of the absence of the PROJECT's activity along with target billing date and target billing amount.
6. Measure V Regional Projects funding allocated to the PROJECT that remains unused at the conclusion of the PROJECT schedule above (including any extensions authorized by MCAG) 3 Measure V Regional Project Funding Agreement No. 20250424EF may be redistributed to other regional projects within the current Implementation Plan at the discretion of the MCAG Governing Board.
D. Changes to Project
Changes to the PROJECT scope, schedule or Measure V Regional Projects funding allocation may require an amendment to the Measure V Implementation Plan at the discretion of the MCAG Governing Board. Subsequently, any amendments to the Implementation Plan related to the PROJECT will also require an amendment to this AGREEMENT, requiring action from both parties.
ARTICLE 111:FUNDING AND EXPENDITURES
A. MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG)
1. RECIPIENT shall be reimbursed no later than thirty (30) days following the submission of invoices to MCAG for allowed PROJECT costs, with the exception of costs associated with compliance with the requirements outlined in Article IV, Section A of this AGREEMENT.
2. MCAG shall provide the reimbursement forms and documentation requirements for the submission ofinvoices to RECIPIENT no later than thirty (30) days following the date of this AGREEMENT.
3. MCAG shall include Measure V Regional Projects funds distributed to the PROJECT in a quarterly report to the MCAG Governing Board.
4. Per the Expenditure Plan, MCAG shall provide for an independent annual audit of Measure V revenue and expenditures for all funding categories, including the PROJECT.
5. MCAG shall provide thirty (30) days notice to RECIPIENT prior to conducting an audit of Regional Project funds received by RECIPIENT for the PROJECT to determine whether the RECIPIENT"s use of said funds is in compliance with this AGREEMENT and the Expenditure Plan.
B. RECIPIENT'S DUTIES AND OBLIGATIONS
1. RECIPIENT shall use all Regional Projects funds received for this PROJECT in compliance with the applicable guidelines and plan(s), as they may be adopted or amended by the MCAG Governing Board in accordance with applicable law.
2. RECIPIENT must account for Regional Projects funds separately-independent of Measure V Local Projects accounts. The accounting system shall provide adequate internal controls and audit trails to facilitate an annual compliance audit for each fund type and the respective 4 Measure V Regional Project Funding Agreement No. 20250424EF usage and application of said funds. MCAG and its representatives and agents shall have the right at any reasonable time to inspect and copy any accounting records related to such funds, except to the extent specifically prohibited by applicable law.
3. RECIPIENT will utilize the Designated Reporting Tool to provide MCAG with the required information related to Regional Projects fund expenditures according to the following schedule:
"If the due date falls on a weekend/holiday, the quarterly reports are due the next business day. ""60 days provided for the 4'h quarter of each fiscal year.
C. OTHER CONSIDERATIONS
1. PROJECT-Specific Allocation: RECIPIENT shall use all Regional Projects funds allocated to the PROJECT solely for the PROJECT. Any jurisdiction that violates this provision, as determined by the MCAG Governing Board or Measure V Citizens Oversight Committee, must fully reimburse all misspent funds, including all interest which would have been earned thereon.
The interest rate shall not exceed the maximum allowed by law.
2. Staff Cost Limitations: Direct costs associated with the delivery of programs and projects associated with the PROJECT, including direct staff costs and consultant costs, are eligible uses of said funds. Indirect costs, including, but not limited to, overhead costs such as rent, utilities, and human resources staff, are not allowed.
3. The PROJECT shall comply with the California Environmental Quality Act (CEQA) and other environmental reviews as required.
4. Promotion: At a minimum, RECIPIENT agrees to promote the PROJECT through branded signage and is encouraged to utilize additional means such as news releases, social media, events, or any other tools to communicate to the public that the project was funded by Measure V. RECIPIENT also agrees to provide MCAG with at least five (5) photographs of the 5 Measure V Regional Project Funding Agreement No. 20250424EF project, either in progress, before and after completion, or some combination thereof. At least one photograph of the completed PROJECT is required.
ARTICLE IV: REPORTING REQUIREMENTS
A. REQUIREMENTS AND WITHOLDING
RECIPIENT shall comply with each of the reporting requirements set forth below. If RECIPIENT fails to comply with one or more of these requirements, MCAG may withhold reimbursement payment for the PROJECT until full compliance is achieved.
1. As a means to keep the public informed, the RECIPIENT, at a minimum, shall provide quarterly updates of current and accurate information on RECIPIENT's website (if applicable) and to MCAG for the Measure V website, related to the PROJECT's progress.
2. RECIPIENT shall, at least annually, publish an article highlighting the PROJECT, or provide information to MCAG regarding such project or program for publication.
3. RECIPIENT shall make its administrative officer or designated staff available upon request to render a report or answer any and all inquiries in regard to RECIPlENT"s receipt, usage, and/or compliance with audit findings regarding the PROJECTbefore the Citizens Oversight Committee.
4. RECIPIENTagrees that MCAG may review and/or evaluate the PROJECT pursuant to this AGREEMENT. This may include visits by representatives, agents or nominees of MCAG to observe RECIPIENT"s project or program operations, to review project or program data and financial records, and to discuss the project with RECIPIENT"s staff or governing body.
ARTICLE V: OTHER PROVISIONS
A. INDEMNITY BY RECIPIENT
Neither MCAG nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by RECIPIENT in connection with the Regional Projects funds distributed to RECIPIENT for the PROJECT pursuant to this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that RECIPIENT shall fully defend, indemnify and hold harmless MCAG, its governing body, elected officials, officers, agents and employees from any liability imposed on MCAG for injury (as defined in Government Code Section 810.8) 6 Measure V Regional Project Funding Agreement No. 20250424EF occurring by reason of anything done or omitted to be done by RECIPIENT for the PROJECT in connection with the Regional Projects funds distributed to RECIPIENT pursuant to this AGREEMENT.
B. INDEMNITY BY MCAG
Neither RECIPIENT nor its governing body, elected officials, officers, consultants, agents or employees shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, that MCAG shall fully defend, indemnify and hold harmless RECIPIENT, its governing body, elected officials, officers, agents and employees from any liability imposed on RECIPIENT for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MCAG under or in connection with any work, authority or jurisdiction delegated to MCAG under this AGREEMENT.
C. JURISDICTION AND VENUE
The laws of the State of California will govern the validity of this AGREEMENT, its interpretation and performance, and any other claims to which it relates. All legal actions arising out of this AGREEMENT shall be brought in a court of competent jurisdiction in Merced County, California.
D. ATTORNEY'S FEES
Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party.
E. TERM
The term of this AGREEMENT shall be from the effective date to sixty (60) days following the completion of the scope of work as described in Article II, unless amended in writing or a new Measure V Regional Project Funding Agreement is executed between MCAG and RECIPIENT.
F. SEVERABILITY
If any provision of this AGREEMENT is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, but such 7 Measure V Regional Project Funding Agreement No. 20250424EF unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT.
G. ENTIRE AGREEMENT; MODIFICATION
This AGREEMENT, as well as the referenced Expenditure Plan, constitutes the entire AGREEMENT and supersedes all prior written or oral understandings regarding the Regional Projects funding for the PROJECT. This AGREEMENT may only be modified by a written agreement executed by both parties.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers as of the date first written below.
CITY OF DOS PALOS (RECIPIENT) MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) By:
Dewayne Jones
City Manager
Date
By:
Stacie Guzman
Executive Director
Date
Approved as to Budget/Financial Controls: Reviewed as to Budget/Financial Controls:
B7:
Manuela Sousa
Director of Finance
Date
B7:
Nav Bagri
Finance Director
Date
Approved as to Legal Form: Approved as to Legal Form:
B7: By:
8 Measure V Regional Project Funding Agreement No. 20250424EF Legal Counsel Date Emily Haden
Legal Counsel to MCAG
Date
9 CITY COUNCIL ASSIGNMENTS
Updated January 21, 2025
Mayor Katy Reed
MCAG Governing Board/Transit JPA/Regional Waste Management Authority/Member LAFCo Member
Mayor's Appointment Selection Committee
City Planning Commission Appointment - Laura Andrews
Mayor pro Tempore Thomas Pigg
City Warrant Review and Check Signing
City Planning Commission Appointment - David Castillo, Chair Vacant
San Joaquin Valley Air Pollution Control District Selection Committee City Warrant Review and Check Signing
Wastewater JPA Member
Water JPA Alternate
Mayors Selection Committee Alternate
City Planning Commission Appointment - Jennifer Vincent Councilmember Armando Bravo
City Groundwater Sustainability Agency Chair
Planning Commission Member
Wastewater JPA Member
Water JPA Member
City Planning Commission Appointment - Vacant
Councilmember Marcus Porter
Westside Regional Measure V Committee Member
MCAG Governing Board/Transit JPA/Regional Waste Management Authority/Alternate Planning Commission Appointment - Jeff Chase