DOS PALOS CITY COUNCIL
REGULAR MEETING AGENDA
City-County Building, 1554 Golden Gate Avenue
Dos Palos, California, USA
Tuesday, May 19th, 2026
Closed Session 5:00pm
Open Session 6:00pm
A. CALL TO ORDER: by Mayor Katy Reed
1. Roll Call: by City Clerk Tracy Mosby
Adjourn to Closed Session.
1. Public Employee Appointment
Title: Intern City Manager
Pursuant to California Government Code Section 54957
2. Conference with Legal Counsel-Potential Litigation
Two Matter-Pursuant to Government Code section 54956.9(d)(2)(e)1 Reconvene into Open Session and Report from Closed Session.
2. Flag Salute: by Councilmember Armando Bravo
3. Invocation: by Councilmember Thomas Pigg
4. Urgency Additions or Deletions: Requires urgency and four affirmative votes
5. Public Comment: At this time, anyone present may comment upon any city-related business item which is B. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS.
1. Mid Valley Disposal 2026 Update.
2. 2025 Dispatcher of the year, Kailey Tucci
3. 2025 Police Officer of the year, Adam Coronado
4. Swearing in of new Police officer, Eric Figueroa-Valencia C. 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 Pre-Paids for April 2026.
. Approval of the Warrants for May 2026.
3. Approval of the Minutes of the April 14, 2026 Regular Meeting.
D. BUSINESS:
1. Presentation on the Financial Status of City's Enterprise funds Report Discussion
Public Comment
Action
2. Discuss and consider approving the ELOP contract with the Report Dos Palos-Oro Loma Joint Unified School District Discussion Report by Director of Finance Public Comment
Action
3. Discuss and approve the contract for Interim City Manager. Report Report by Mayor Katy Reed. Discussion
Public Comment
Action
4. Discuss / clarify the assisting hiring freeze. Report Report by City Manager Discussion
Public Comment
Action
5. Discuss and consider approving the City Council to approve Report all transfers of money. Discussion
Report by Mayor Katy Reed. Public Comment
Action
6. Discuss and Consider approving Joint powers transit Authority Merced Report County Discussion
Report By City Manager Public Comment
Action
7. Discuss and Consider approving Resolution 2026-02 Report SB-1 RMRA Funding Discussion
Report By Director of Finance Public Comment
Action
I. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORTS:
F. ADJORN TO CLOSED SESSION
:
G. RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED
SESSION.
H. ADJOURNMENT in memory of departed: Adriel Ramirez 7
Aribal Mendez 50
Benny Ramirez, Jr. 54
Clarence Clark 66
Helen Clark 82
Disclosures and Information:
The 98" City Council consists of Mayor Katy Reed, Mayor pro Tempore Armando Bravo, Councilmember Tom Pigg, Councilmember Marcus Porter, and Councilmember Claudia Bautista. The 46" Council Session is now in session and ends on November 17, 2026. The next available numbers of record are Ordinance #453 and Resolution 2026-02.
Per 54954.2(a)(1), the City's website cityofdospalos.org may be down intermittently or temporarily for maintenance or repairs.
©City of Dos Palos, Inc., website: www.cityofdospalos.org 2174 Blossom Street, Dos Palos CA 93620, (209) 392-2174, email:
[email protected]
AYUNTAMIENTO DE DOS PALOS
AGENDA DE REUNIONES REGULARES
Edificio de la Ciudad-Condado, 1554 Golden Gate Avenue
Dos Palos, California, EE. UU.
Martes, 19 de Mayo de 2026
Sesión cerrada a las 5:00PM
Sesión abierta 6:00PM
A. LLAMADA AL ORDEN: por la alcaldesa Katy Reed
1. Pase de lista: por la secretaria municipal Tracy Mosby Se levanta la sesión a puerta cerrada.
1. Nombramiento de Empleado Público
Título: Gerente de Ciudad en prácticas conforme a la Sección 54957 del Código de Gobierno de California
2. Conferencia con Asesor Legal - Litigios Potenciales
Dos asuntos - Conforme al artículo 54956.9(d)(2)(e)1 del Código de Gobierno
Reanudad en la Sesión Abierta y presentad el informe desde la Sesión Cerrada.
2. Saludo a la bandera: por el concejal Armando Bravo
3. Invocación: por el concejal Thomas Pigg
4. Adiciones o eliminaciones de urgencia: Requiere urgencia y cuatro votos afirmativos B. CONDECORACIONES, PRESENTACIONES y PROCLAMACIONES.
1. Actualización de eliminación de Mid Valley 2026.
2. Despachador del año 2025, Kailey Tucci
3. Agente de policía del año 2025, Adam Coronado
4. Juramento del nuevo agente de policía, Eric Figueroa-Valencia C. CALENDARIO DE CONSENTIMIENTO: Acción
Los elementos considerados rutinarios se incluyen en el Calendario de Consentimiento, No se discuten estos puntos antes de la votación del Consejo, a menos que un miembro del Consejo o el público solicite que se discutan y/o eliminen puntos específicos del Calendario de Consentimiento. Cada elemento del Calendario de Consentimiento aprobado por el Consejo se considerará considerado en su totalidad y adoptado según lo recomendado.
1. Aprobación de los prepagos para abril de 2026.
Aprobación de las órdenes de categoría para mayo de 2026.
Aprobación del acta de la reunión ordinaria del 14 de abril de 2026.
D. NEGOCIOS:
Presentación sobre la situación financiera del informe Reporte de fondos empresariales de la ciudad Discusion
Comentarios Publicos
Acción
2. Discute y considera aprobar el contrato ELOP con el Informe Reporte Dos Palos-Oro Loma Informe de discusión conjunto Discusion del Distrito Escolar Unificado Dos Palos-Oro Loma Comentarios Publicos Informe por el Director de Finanzas Accion
3. Discutir y aprobar el contrato para Gerente Municipal Interino. Reporte Informe de la alcaldesa Katy Reed. Discusión :
Comentario público
Acción ....
Habla / aclare la congelación de contrataciones de asistencia. Reporte Informe del Gerente Municipal Discusión
Comentario público
Acción
Discutir y considerar que el Ayuntamiento apruebe Reporte transferencias de dinero. Discusion
Informe de la alcaldesa Katy Reed. Comentario Publico
Accion
...
Discutir y considerar la aprobacion de la Autoridad de Reporte Transporte de Poderes Conjuntos del Condado de Merced Discusion Informe del Gerente Municipal Comentario Publico
Accion
Debatir y considerar la aprobación del informe de la Reporte Resolucion 2026-02 sobre la financiacion de SB-1 RMRA Discusion Informe del Director de Finanzas Comentario Publico
Accion
P. CONALSPONDENCIA, EVENTOS, CONSEJOS E INFORMES DEL.
I. LEVANTAR A SESIÓN CERRADA
G. REANUDAR EN SESIÓN PÚBLICA Y REPORTAR DESDE LA CLAUSURA SESIÓN.
H. Suspensión en memoria del fallecido: Adriel Ramírez 7 Aribal Mendez 50
Benny Ramírez, Jr. 54
Clarence Clark 66
Helen Clark 82
Divulgaciones e información:
El 98º Ayuntamiento está formado por la alcaldesa Katy Reed, el alcalde pro tempore Bantad Da to Secon del Tongo ya el can sel on y finalia la de noviembre die 2026. Los siguientes números disponibles de registro son la Ordenanza #453 y la Resolución 2026-02.
cityofdospalos.org puede estar caída de forma intermitente o temporal para mantenimiento o reparaciones.
©Ciudad de Dos Palos, Inc., sitio web: www.cityofdospalos.org 2174 Blossom Street, Dos Palos CA 93620, (209) 392-2174, correo electrónico:
[email protected]
MID VaLLEY
DISPOSAL™
City of Dos Palos
2026 Update
Marissa Corralejo | Recycling Programs Specialist
COMMUNITY EVENTS
JARN TE AV GIM
• National Night Out MIFRCO CREDIT UNTUI
TACTICAL PERIMETE
• Trunk-or-Treat
• Christmas Parade
identified & provided education
• All Tier 1 & Tier 2 food generators
distributed to the community
• Over 5,000 educational fliers
• All Site Visits Completed
DAV DIM EDUCATION & OUTREACH
NOBA ALLEYDISPOSAL.COM
CLEAN UP EVENTS
• Total Trash: 80,280 Ibs
• Total Organics: 1,800 lbs
• Total E-Waste: 420 Ibs
• Total Metal: 43,460 Ibs
• Total Tires: 104
• Total Mattress: 146
Butch's
RECYCLER OF THE YEAR
E BURGER
OM8O
Butch's Drive In
$ $21.15;
MID VALLEY
DISPOSAL
THANK YOU
Pre-Paid Listing - April 2026
Reimbursed By:
27196 Kimberly Aguilar ELOP Soccer Academy ELOP 04/02/2028 676.00 27197 Priscilla Arellanes ELOP Soccer Academy ELOP 04/02/2026 676.00 27198 Jesus Bon-Zamorano ELOP Soccer Academy ELOP 04/02/2026 540.80 27199 Sabrina Cabrera ELOP Soccer Academy ELOP 04/02/2026 1,200.00 27200 Hamilton Coy-Cambara ELOP Soccer Academy ELOP 04/02/2026 270.40 27201 Emily Davis ELOP Soccer Academy ELOP 04/02/2026 540.80 27202 Angela Echavarria ELOP Soccer Academy ELOP 04/02/2026 720.00 27203 Uriel Fuentes ELOP Soccer Academy ELOP 04/02/2026 $ 676.00 27204 Josselyn Galeana ELOP Soccer Academy ELOP 04/02/2026 $ 557.70 27205 Vincent Glase ELOP Soccer Academy ELOP 04/02/2026 $ 876.00 27206 Yaquelin Gonalez ELOP Soccer Academy ELOP 04/02/2026 $ 726.70 27207 Malik Grant ELOP Soccer Academy ELOP 04/02/2026 692.90 27208 Jose Guerrero ELOP Soccer Academy ELOP 04/02/2026 692.90 27209 Galilea Jara-Salgado ELOP Soccer Academy ELOP 04/02/2026 682.90 27210 Jessica Lopez ELOP Soccer Academy ELOP 04/02/2026 676.00 27211 Arturo Mendoza ELOP Soccer Academy ELOP 04/02/2026 $ 557.70 27212 Xavian Ortiz-Flores ELOP Soccer Academy ELOP 04/02/2026 $ 692.90 27213 Angel Ramirez ELOP Soccer Academy ELOP 04/02/2026 $ 540.80 27214 Cristlan Ramirez ELOP Soccer Academy ELOP 04/02/2026 $ 557.70 27215 Jacob Ramirez ELOP Soccer Academy ELOP 04/02/2026 $ 1,200.00 27216 Camila Ramos ELOP Soccer Academy ELOP 04/02/2026 $ 692.90 27217 Rubi Rivera ELOP Soccer Academy ELOP 04/02/2026 $ 405.60 27218 Alison Rodriguez ELOP Soccer Academy ELOP 04/02/2026 $ 659.10 27219 Julia Stacy Roldan ELOP Soccer Academy ELOP 04/02/2026 $ 591.50 27220 Jara-Salagdo Saray ELOP Soccer Academy ELOP 04/02/2026 $ 692.90 27221 Melissa Sotelo ELOP Soccer Academy ELOP 04/02/2026 676.00 27222 Xavier Teeter ELOP Soccer Academy ELOP 04/02/2026 726.70 27223 Anthony Wallace-Cortez ELOP Soccer Academy ELOP 04/02/2026 $ 676.00 27225 Santiago De La Torre Orozco ElOP Soccer Academy ELOP 04/02/2026 $ 557.70 27231 Karla Valencia ELOP Soccer Academy ELOP 04/02/2026 $ 557.70 27232 Dylan Zapata-Miejia ELOP Soccer Academy ELOP 04/02/2026 692.00 27242 Syserco Energy Solutions, Inc. Solar Project 04/06/2026 $ 123,345.72 27243 WC Company PD Gate Repair Insurance 04/06/2026 577.00 27317 Sarah Cabrera ELOP Soccer Academy ELOP 04/13/2026 $ 540.80 27318 Columbia Bank 01/26/26 - 04/15/2026 Loan Payment 04/13/2026 $ 8,473,24 27319 Dos Palos Youth Baseball ELOP YBB Reimbursments ELOP 04/13/2026 2,693.45 27320 Annaiya Franco ELOP Soccer Academy ELOP 04/13/2026 557.70 27321 Kaylani Franco ELOP Soccer Academy ELOP 04/13/2026 101.00 27322 Kodi Gonzales Announcing Scorekeeper ELOP 04/13/2026 50.00 27323 Gonzales Lilliana Emma Announcing Scorekeoper ELOP 04/13/2026 350.00 27324 Julia Stacy Roldan ELOP Soccer Academy ELOP 04/13/2026 $ 135.20 27325 Sergio Santos ELOP Soccer Academy ELOP 04/13/2026 287.30 2732 Victoria Sata ELOP Soccer Academy ELOP 04/13/2026 480.00 27327 Dassla Ureno ELOP Soccer Academy ELOP 04/13/2026 540.80 27328 Gerardo Villegas Umpire 03/20 - 04/02/2026 ELOP 04/13/2026 525.00 27340 Sarah Cabrera ELOP Soccer Academy ELOP 04/21/2026 419.20 27341 Gonzales Lilliana Emma Youth Baseball ScoreKeeper ELOP 04/21/2028 $ 275.00 27342. Orozco Yard Maintenance 04/21/2026 $ 1,380.00
27343 Halley Portillo-Martinez Youth Baseball ScoreKeeper ELOP 04/21/2026 $ 150.00 27344 Gerardo Villegas Youth Baseball Umpire ELOP 04/21/2026 525,00 Report Total (50 checks): S 161,898.71
AP Checks by Date - Summary by Check Date (5/14/2026 3:27 PM) Warrant Listing - May 2026
Reimbursed By:
27355 Andres's Appllance Repair & Construction
inv 132660 Key Removal 75,00
06/14/2026 27365 Total: $
76.00 27354 Amazon Capital Services
In 112-8268057-0926609 41.10
05/14/2026 27364 Total: 41.10
27357 Autozono, Inc.
Inv 06254639819 Parts 173.11
Inv 06254640136 Parts $ 19.53
Inv 06254642401 Parls 56.83
Inv 06254647494 Parts 15.06
05/14/2026 27357 Total: 264.5:
27358 Baker Supples and Ropairs
Inv 103847 ProTrimmer and belt $ 444.84
Inv 103762 : Burphead $ 36.96
Inv 103866 Mower $ 21,704.33
In 104083 ProTrimmer and Line 979.27
05/14/2026 27368 Total: 23,165.40
27359 Boot Barn
Inv 137325 Boots - B Sullivan 247.90
05/14/2026 27369 Total: 247.90
ACH Bureau of Reclamation
inv 043026 Monthly Est Water Usage 2,118.96
05/14/2026 ACH Total: $ 2,118.96
27356 AT&T
Inv 000026189110 Monthly Contract Ser 422.98
05/14/2026 27356 Total: 422.08
27361 Casey Moving Systems
Inv 1033707 Shredding Services $ $1.48
Inv 1033731 Monthly Shred Services 46.80
05/14/2026 27361 Total: 08.28
27362 Central California Irrigation
In D-6 Annual Monitoring $ 14,000.00
Inv D-72 Monthly Water Usage 6,575.00
05/14/2026 27362 Total: 20,875.00
27363 Centurion Coln & Emblem
In 26-04-009 Shoulder patches 603.41
05/14/2026 27363 Total: 07//2m 503.41
27364 Cintas
In 4262474720 Payor 272082098 171.90
In 4266447259 Uniform service #16232694 142.08
Inx 4286300505 Uniform service #/16232694 129.50
In 4267034732 Unform service #16232694 129.50
Inv 4257771241 Bullding maintenance 157.22
Inv 4267777281 Uniform service #16232694 $ 137.55
Inv 4283485848 Payor 272082098 $ 171.90
In 4268485918 Uniform service #16232694 $ 142.08
In 5331581307 Office First Aide Cabinet 290.61
05/14/2028 27384 Total: 1,472,34
27365 Concast
inv 04302605282026 Internet,Phone, Cable 346.40
05/14/2026 27365 Total: 316.40
27366 Comcast
Inv 050426060326 Internet @water plant 343.80
06/14/2026 27366 Total: 343.80
27367 Comest
In 050726060B2026 Phone, Internet 795.76
05/14/2026 27367 Total: 795.75
27368 CSG Consultants, inc.
In 66009 Bulling Inspection Services 2,143.50
In B280210 Building Inspaction Services 1,729.97
In B260566 Bullding Plan Review Services GA LA SA GA
718.24
Inv F260124 Bulling Inspection Services 210.00
Inv F260297 Fre Plan Reviow Services 52.50
05/14/2026 27368 Total: $ 4,864.21
Warrant Listing - May 2026
Reimbursed By:
27412 The Central Valley Salinity Coalition, INC 680-
Inv 28-2861 Board Permit 1,268.50
05/14/2026 27412 Total: 1,268.50
27383 Law Office of, Gabriel A Delgado
Iny 123 00005 - Wastewater JPA of DosPalos 1,302,03
Inv 124 00008-Water quality JPA of Dos Palos 1,247.09
Inv 134 00005 - Wastewater JPA of DosPalos $ 385.00
Inv 135 00006-Water quality JPA of Dos Palos 632.50
05/14/2026 27383 Total: 3,566.58
27370 Department of Justice
In 035197 Finger Prints ELOP 1,331.00
0Б/14/2026 27370 Total: 1,331.00
27371 Department of Transportation H
Inv SL280774 Ortly Maintenance of Signal at 33 es/les 34.13 05/1412026 27371 Total: 34.13
27372 Elan Financlal Services
Inv D- 1 D- Black Dlamond Auto 120.00
Inv D-2 D- Amazon 46.66
In G - 1 G- Merced Truck & Trailer 14.52
In G - 2 G- Ring Plan 99.99
In G-3 G- Ring Plan 99.99
inv l- 1 On Call Moblle Phone 17.28
05/14/2026 27372 Total: 397.41
27373 Fochter & Company
Inv 4506 6/2023 - 2025 JPA Financlal Audit 7,500,00.
05/14/2026 27373 Total: 7,600.00
27374 Fresno Moblte
Inv 72010 Monthly fee 350.00
05/14/2026 27374 Total: 360.00
27375 Frontler Communications
Inv 04.04 - 05.03 Monthly Phone w/water plant $ 93,56
Inv 05.04-06.03 Monthly Phone wiwater plant 119,01
05/14/2026 27376 Total: 212.67
27376 Garrett, Grog
Inv 9937 Reimbursement for boots 250.00
05/14/2026 27376 Total: 260.00
27377 HCL Machine Works, Inc
Inv 226915 Parts 93.26
05/14/2026 27377 Total: 93.25
27378 Home Dopot Credit Services
In 0523251 ELOP - Push Lawn Mower ELOP 829.66
Inv 1523727 Door locks 45.46
Inv 3523630 GFI 30.72
Iny 4543698 Supplies 97.57
05/14/2026 27378 Total: $ 803.41
27379 Industrial Chem Labs & Services, INC
Inv 429023 Lift Station Degreaser/Oder Control $ 531.44 Inv 430070 Lift Statlon Degreaser/Oder Control 343.72
05/14/2026 27379 Total: 876.16
27880 Ingraham Trophies
in 94895 54.38
05/14/2026 27380 Total: 54.38
27407 Smothers, John
Inv 100 Pre Employment Investigation 800.00
05/14/2026 27407 Total: $ 800.00
27381 Justin's Tire and Auto
Inv 60518 Service -2020 Explorer 56.44
In 60583 Service -03 Ford Ranger $ 167.99
In 80576 Service - Dodge Charger 1,309.21
In 60609 Service - Ditch Witch 76.36
Inv 80612 Service - 210 Expeditton 84.64
Inv 60701 Flat Repali - Backhoe 50.98
Inv 60727 Service -17 Explorer $ 284.14
In 60736 Service - 17 Explorer 63.17
05/14/2026 27381 Total: $ 2,092.05
Warrant Listing - May 2026
Reimbursed By:
27382 Katen Pest Solutions
Inv#10759 Monthly Pest Control Service 35.00
Inv 10757 Monthly Pest Control Service 70.00
Inv 10758 Monthly Pest Control Service 50.00
Inv 10760 Monthly Pest Control Service 90.00
Inv 10761 Monthly Pest Control Service 40.00
Inv 10762 Monthly Pest Control Service $ 55,00
05/14/2026 27382 Total: 340.00
27386 Merced County Animal Control
In 142 Animal Shelter 01/01/26 - 03/81/26 sales 425.00
05/14/2026 27386 Total: 425.00
27387 Merced County Fire Dept.
Iny 99109128 Measure S Funds Feb 2028 Measure S 15,214.84 05/14/2026 27387 Total: $ 16,214.84 :
27385 McNamara Sports
Inv C65678 ELOP - BB Supplies ELOP 860.71
Inv C65738 ELOP - BB Bases ELOP 460.25
Inv C65752 ELOP - BB Supplies ELOP 448.60
05/14/2026 27385 Total: 1,764.66
27389 Mid Valley Disposal
Inv March 2026 Contract-Refuse Service 64,295.51
05/14/2026 27389 Total: 64,295.61
27380 Mid ValleyIT
Inv 1148 Monthly IT service-Police Dept 3,256.96
Inv 1149 Monthly IT service-City Hall 1,883.54
Inv 202146380 Monthly IT service-Police Dept 43.55
05/64/2026 27390 Total: 5,184.08
27391 Nildway Community Water Distric
Inv 043026 District Funds - April 2026 $ 6,170.59
05/14/2026 27391 Total: $ 8,170.59
27388 Microbac Laboratorles, Inc.
Irv 726000338 Short paid this involce 5.00
In 726001148 Testing 555.34
In 726001161 Teating 215.00
In 726001162 Tasting 215.00
In 726001168 Testing 131.00
Inv 720001169 Testing 382.25
In 726001221 Testing 760.06
Inv 720001228 Testing 878.19
In 726001250 Testing 397.28
In 728001258 Testing 204.50
Inv 728001352 Testing 382.25
In 726001446 Testing 556.00
In 728001447 Testing 472.00
Inu 728001448 Testing 382.25
In 720001451 Testing 173.00
05/1412026 27388 Total: 6,609.12
27394 NTU Technologies, Inc.
Inv 13527 Chemicals 11,568.00
05/14/2026 27394 Total: 11,568.00
27398 Pegboard
inv 523703 Waterbill Statements $ 233.85
inv 527038 Waterbill Statements $ 1,117.03
Inv 527122 Waterblll Statements 226.81
05/14/2026 27398 Total: 1,577.69
27384 Martlu Water Consulting
Inv 00195 Water Sampling 01/27 - 01/28 2026 $ 320.00
In 253950 2025 Consumer Confidence Report $ 375.00
05/14/2026 27384 Total: $ 695.00
27393 Northstar Chemical
Iny 339044 Chemicals 1,362.27
05/14/2026 27393 Total: 4,362.27
27392 N&S Tractor Go.
In (D04680 Parts $ 33.76
In (D05209 Parts 128.55
inv ID05480 Parts 128.55
Inv ID05540 Parts 140.44
05/14/2026 27392 Total: 431.30
Warrant Listing - May 2026
Reimbursed By:
27386 Pacltle Gas & Electric
In 0324042128 Monthly Gas & Electric Bill 22,286.72
05/14/2028 27393 Total: 22,286.72
27386 Pacific Gas & Eloctric
Inv 031828041526 Acct 8087893155-3 Swift Ave 2,563.07
05/14/2026 27396 Total: entes 2,663.07
27397 Pacific Gas & Electric
In 033026042726 Account 7302176652-9 ELOP 666.56
06/14/2026 27397 Total: 665.66
27309 Price Paigo & Company CPA's, LLP
In 38175 Services for FY 2024/25 5,505.00
05/14/2026 27399 Total: 5,506.00
27400 Quad Knopf
Inv 131553 Project 150033 895.50
In 131899 Project 230136 532.00
Inv 131907 Project 260013 895.00
05/14/2026 27400 Total: 2,851.20
27401 Rincon Consultants, Inc. REAP
In 72285 Servicas 12/01/25 - 01/31/26 535.25
05/14/2028 27401 Total: 636.25
27402 San Luis & Delta Mendota Water
Inv 043026 Estimated Water Usage 10.569.36
05/14/2026 27402 Total: 10,669.36
27404 Santos Ford
In 122851 Service - 21 Explorer 2,130.00
05/14/2026 27404 Total: 2,130.00
27408 South Dos Palos Water District
Iny 033126 District Funds - Mar 2026 $ 3,395.17
Inv 043026 District Funds - April 2026 2,782.55
0Б:14/2026 27408 Total: 6,187.72
27405 Simplot Grower Solutions Firebaugh
In 502150611 Chemicals $ 1,035.00
Inv 502150812 Chemicals 1,007.40
05/1412026 27405 Total: 2,042.40
27406 Smile Business Products, Inc
In 1348178 Contract rate for Police copier $ 128.19
In 1348179 Contract rate for City Hall copler 128.19
=
05/14/2026 27108 Total: 268.52
27408 Springbrook Holding Company, LLC
Inv INV-023998 CivicPay Transaction Fees 889.00
05/14/2026 27409 Total: 869.00
27410 Streamline Software, Inc.
Iny 68540C3E-0023 Streamline 03/01 04/01 2026 $ 210.00
Inv 68540C3E-0024 Streamline 04/01 - 05/012026 $ 210,00 Iny 68540C3E-0025 Streamline 05/01-06/01 2026 210.00
05/1412026 27410 Total: 630.00
27411 Taylor ER Votrinary Emory 348214 Ezam Euthanasia
237.78
05/14/2026 27411 Total: 237.78
27414 Toro Petroleum
In CL98037 Monthly Gas & Oil 6,241.14
05/14/2026 27414 Total: 6,241.14
27415 Townsend Public Affairs, INC
Inv 25211 Consulting Services 5,000.00
05/14/2026 27416 Total: 5,000.00
27416 Trans-Rock Trucking
In 3555 - Sand O'Banion Park ELOP $ 600.00
In 3561 Baserock & Sand 1,450.00
05/14/2026 27416 Total: 2,060.00*
27360 UB*01046
Inv Refund Check 018268 Deposit Refund 83.10
06/14/2026 27360 Total: 83.10
27369UB*01047
In Refund Check 015282 Deposit Refund 29.58
05/14/2026 27369 Total: 29.58
27403 UB*01048
Inv Refund Check 015878 Deposit Refund 149.31
06/14/2026 27403 Total: 149.31
•
Warrant Listing - May 2026
Reimbursed By:
27417 USABlue Book
Iny S04057399 Chart Paper 328.00
05/14/2026 27417 Total: 328.09
27418 Uttlty Service Co., Inc
Inv 37207 Elevated Oliver Streat Tank $ 30808--
05/14/2026 27418 Total:
27420 Verizon Wireless
Inv 613923182 moblle broadband $ 116.38
Inv 0142437640 Mobile Broadband 836.79
06/14/2026 27420 Total: 863.17
27419 Valley Water Collaborative
Inv 2026 43 Delta Mendota 2,095.00
0Б/14/2026 27419 Total: 2,996.00
27421 Water Reclamation Equipment, InG.
Inv 66128 Service/Backflow Carlificatlon 452.86
05/14/2026 27421 Total: 462,86
27422 Westamerica Bank 100-60-58110
Iny 050626 Note 168-0068 1,503.84
05/14/2026 27422 Total: $ 1,503.84
27413 Tho Wostsido Express
Inv 415205 WEX#28-066 30000
05/14/2026 27413 Total:
27423 Young's Alr Conditloning
Inv 384905 Air Conditioner Unit servics $ 165.00
Inv 384907 Alr Conditfoner Unlt service 282.00
05/14/2028 27423 Total: 437.00
[70 Checks Total: 274,275.48
AP-Check Detall (5/14/2026 - 12:19 PM)
.........
DOS PALOS CITY COUNCIL REGULAR MEETING MINUTES
April 14, 2026
A. CALL TO ORDER: Mayor Reed called a special meeting of the Dos Palos City Council To order at 5:00 p.m. in the City-County building at 1546 - 1554 Golden Gate Avenue In Dos Palos, California on Tuesday, April 14, 2026.
1. Roll Call: Mayor Reed called Roll finding City Councilmembers
Present: Mayor Katy Reed, Councilmember Tom Pigg, Councilmember Marcus Porter, Councilmember Armando Bravo, and Councilmember Claudia Bautista.
Adjourn to Closed Session at 5:58
Reconvene into open Session and Report from Closed Session 6:08
1. Flag Salute was led by Councilmember Armando Bravo
2. Invocation was led by Councilmember Thomas Pigg
3. Urgency Additions or Deletions: A motion was made to Add Resolutions to #8 2026-2 2026-3 it was moved by Mayer Reed and seconded by Councilmember Bravo motion passed 5-0 as follows Mayor Reed, Couricilmember Plgg, Bravo, Porter, and Bautista.
B.COMVIMENDATIONS, PRESENTATIONS, and PROCLAMATIONS.
None
C.CONSENT CALENDAR:
1. It was moved by Councilmember Porter and seconded by Councilmember Pigg to approve the Pre-Paids for March 2026, the motion was passed on a 5-0 as follows Mayor Reed, Councilmember Pigg, Bravo, Porter, and Bautista NOES: None ABSENT:
None
2. It was moved by Councilmember Porter and seconded by Councilmember Pigg to approve the Warrants for April 2026, the motion passed 5-0 as follows AYES: Mayor Reed, Councilmember Pigs, Bravo, Porter and Bautista: NOES: None ABSENT: None
3. It was moved by Councilmember Porter and seconded by Councilmember Pigg To approve the Minutes of the March 17 2026 Regular Meeting, the motion passed 5-0 as follows AYES: Mayor Reed, Councilmember Pigg, Bravo, Porter and Bautista:
NOES: None ABSENT: None
4. It was moved by Councilmember Porter and seconded by Councilmember Pigg To approve the Treasures Report for January 2026 - Westamerica. The motion passed as 5-0 as follows AYES: Mayor Reed, Councilmember Pigg, Bravo, Porter and Bautista NOES: None ABSENT: None
D. BUSINESS
1. After discussion a motion was made to consider restating the Grant Writer Report by City Manager and Department Heads. The motion to approve was Made by Mayor Reed and seconded by Councilmember Bautista the motion Passed 5-0.
2. After discussion a motion was made by Councilmember Pigg and seconded by Councilmember Bravo to consider Accepting the Blossom Street Project and close with MCAG the motion was made to file a Notice of Completion And hold Retention Funds motion passed 5-0.
3. After discussion a motion was made by Mayor Reed and seconded by Councilmember Bravo to consider picking a Local Relator to sell City Property the City Manager reported that Local Agents will list and sell the 5 properties this item will be going into negotiations with the local Realtors. Motion passed 5-0.
4. After a report from Councilmember Bravo they appointed Ashton Llanez, Recreation Supervisor to hold a meeting for the public.
5. After a discussion a motion was made by Councilmember Bravo and seconded by Councilmember Pigg to consider the Fireworks drawing result the motion passed 5-0 With Dos Palos Girls Softball being chosen.
6. There was an update report from the Director of Finance on the Water, Sewer and Refuse budgets to date.
7. There was a report given by the Director of Finance on the progress of the City Accounts transferred to Tri-Counties Bank. Transfers of funds was also revisited needing the Council's approval.
8. After a discussion a motion was made by Mayor Reed and seconded by Councilmember Porter to approve the Merced County Multi-Jurisdictional Housing Element RESOLUTION NO. 26-001. Approving the land use element, land use Map, Zoning Map and Dos Palos Zoning Code and RESOLUTION NO. 26-002 City Council to Adpot the 2023-2032 Housing Element,in Compliance with State Housing Law motion passed 5-0
9. After a discussion a motion was made by Mayor Reed and seconded by Councilmember Bautista to approve entering into a contract Nichols Consulting To seek relmbursement costs from State of California pursuant to California Government Code Section 17550et seq motion passed 5-0
E CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORT:
Multiple reports given.
F. ADJORN TO CLOSED SESSION:
G. RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED SESSION. 8:00 P.M.
H. ADJOURMENT in memory of local departed: Donald Raymond Gibson 53 Respectfully Submitted B
Many Morty
City Clerk
Tracy Mosby
CITY OF DOS PALOS
STAFF REPORT
TO: City Council Members DATE: May 19, 2026
FROM: Gordon Bonds, Acting Interim City Manager
SUBJECT: Presentation on the Financial Status of City's Enterprise Funds
BACKGROUND
Generally speaking, a city's finances can be divided into three types of revenue sources and accounting funds: 1) a General Fund; 2) a Restricted Development/Improvement Funds; and, 3) an Enterprise Fund.
General Fund
The General Fund is primarily funded by property and sales taxes and as such it is fairly stagnate and predictable source of revenue. Importantly, while City residents can raise sales taxes through the ballot process, the City has no ability to increase property tax revenues. This is an important consideration because general fund revenues are a city's main operating fund and these are the very funds used for the city's discretionary spending and core services like parks, police, and fire. Simply put, because a City cannot raise general fund revenues easily, if at all, any use of the general fund revenues by other funds will negatively impact city service levels, including police and fire services.
Restricted Development/Improvement Fund
Restricted Development/Improvement Funds are legally earmarked for specific purposes, projects, or programs. These funds may only be expended on designated purposes, and they cannot be used to subsidize the City's general operations. The most common restricted funds are funds charged on development projects for capital improvements such as water, sewer, and road infrastructure upgrades. While these funds are restricted and can only be expended on the items they were charged for, a city is expressly allowed by law to borrow from these Restricted Funds to meet temporary budget constraints. In fact, there are specific sections of California law that allow for certain interfund loans, and it sets forth a payment schedule of five years for the repayment. As illustration, cities often charge some development projects road impact fees that are then placed in the city's restricted road fund so that the city may construct the road improvements associated with that new development as they become needed, often many years in the future. This fund may only be spent on the associated road improvements, but statutory law provides that a city may borrow from this restricted road fund to support another fund so long as the amount of borrowed funds is paid back to the restricted road fund within five years, Obviously, while this sounds like an attractive manner to deal with short-term budget shortfalls, such interfund loans must be carefully used and measured by immediate steps to address the revenue shortfall and the negative effects of deficit spending.
Enterprise Fund
Enterprise Funds are specialized accounting and revenue sources that are created and legally mandated to operate like private non-profit businesses - in other words they should be operated to ensure that the revenues equal the expenses.
Enterprise Funds are used to ensure that the City's costs for providing water, sewer, trash, street sweeping and street lighting services are recovered from those using the services rather than the City's general tax fund revenues. These funds are intended to be self- sufficient and self-sustaining and as such these funds are segregated from the General Fund. Importantly, while some specialized rules apply, a city is expressly empowered to increase the rates and charges for these services, if the revenues derived from the services are insufficient to me the city's costs. These specialized rules are in place to ensure that some taxpayers will not be subsidizing the costs for services provided to others.
It is also worth noting that these specialized rules are in place to maximize the funding revenues available for discretionary spending on core health and safety services, including parks, police, and fire. Importantly, while there is no legal limitation on the use of general funds to subsidize Enterprise Funds, Prop 218 expressly prohibits the use of Enterprise Funds to subsidize a City's General Fund. In other words, the City cannot raise rates for an enterprise fund service to a level where those rates are subsidizing the General Fund but any interfund loans from the General Fund to an Enterprise Fund may, and should, be recovered in future rate increases.
As described more thoroughly below, the City's Enterprise Funds have not been collecting enough revenue to balance out for several years because rates have not been increased to match costs. As the result of the reluctance to bring rate increase items to the Council for review and approval, these funds which should operate with balanced costs and revenues have been subsidized by the City's General Fund and Restricted Funds, including the City's Road Improvement and Maintenance fund for several years. 2 ANALYSIS
The numbers in the attached spreadsheets are directly taken from the City's independently audited financials for fiscal years 2019-2020 through 2023-24. The fiscal year 2024-2025 audit is currently being prepared and the 2025-2026 fiscal year will not close until June 30, 2026. It is worth noting that the City has followed generally accepted practices and switched auditors during this period to provide additional independence and verification.
The independently audited financials clearly show that the City's enterprise funds have been subsidized by the City's General Fund and Restricted Development/Improvement Funds since the fiscal shock of the global pandemic. Unfortunately, the fiscal shock and the desire to keep the communities service rates as low as possible while residents dealt with the impacts of the global pandemic was further impacted by other unexpected events that also greatly increased the costs. For example, in June of 2020, the City's water treatment plant became inoperable, resulting in unplanned additional costs of more than $200,000 and thousands of dollars in customer credits and lost revenue.
In total, since fiscal year 2019-2020, the City's enterprise funds for water, sewer and refuse services has had a total deficit of nearly $3.4 million. The sewer fund operated with a yearly surplus for most of those years but it closed the period with a deficit of more than ฿230,000. The water fund operated with deficit throughout this seven-year period at a total deficit of nearly $2.45 million dollars. And, the refuse fund operated at a deficit for 6 of the 7 years (starting in fiscal year 2020-2021) and it closed the period with total deficit of more than $900,000.
Aware of these shortfalls and the fact that rates had not been increased in several years, and with the fiscal impact of the pandemic declining, the City Council took steps in the summer of 2023 to raise water charges by 72% over a five-year period, with 62% of the increase occurring in the first three years. Notably, the rate increase study, which was drafted at the direction of City Management, did not address the deficit fully and the need to repay nearly $1.5 million in interfund loans that this fund had been operating on.
Accordingly, while the increases were significant, they were nonetheless insufficient to stop the deficit spending and the rate study failed to make the City Council and public aware of this fact. Since fiscal year 2023-2024, the enterprise water fund deficit has improved but it is still operated at a deficit of nearly $800,000 - in sum, while the rate increases diminished the deficit by nearly half, they it did not fully address it and they did not address the funds owed to the other City accounts such as the Police and Road funds. 3 The City Council also took the steps required to increase certain trash service charges by 170% over five years. Importantly, white the City Council took these steps, the rate study which was drafted at the direction of City Management expressly provides that the City's "Refuse Fund will remain with a negative net income" until July 1, 2027 and there was no allowance to recover the more than $900,000 of deficit spending by this refuse account.
REPAYMENT OF INTERFUND LOANS - MEASURE V COMPLICATION
One of the Restricted Development/Improvement Funds used by the City to cover the Enterprise Fund deficits was the City's Road Improvement Fund, which includes roughly $300,000 per year of Measure V funding. This creates a complication because MCAG has taken the position that the City cannot borrow money from this restricted road improvement fund under any circumstances, even though interfund borrowing is a lawful and common practice with statutory support. According to MCAG management, the Measure presented to the voters nearly 10 years ago and the associated agreements between the City and MCAG do not allow interfund borrowing at all, but we found no such provision on the Measure V website. We point this out not to argue the point or assert that MCAG is incorrect - rather this is mentioned because it could be a partial answer as to how the prior City Management lead the City to where it is today. And to be clear, staff is only providing a logical interpretation at this point because the prior legal team and management have both resigned since this issue started coming to light a few months ago and current staff is unaware of any explanation that prior staff may have provided to the Council, or others.
Simply put, it is more than reasonable to believe that the prior legal team and management were unaware of the provisions within the MCAG agreement that was drafted nearly a decade ago when they were not representing the City. This belief is further supported by the fact that the prior management was unaware that the MCAG agreement requires these funds be placed in an interest-bearing account. This is an especially reasonable belief when you factor in that the MCAG position is far outside the norm of what a City can legally do to address fiscal shocks and the logical desire to avoid increasing rates during the middle of a financial crisis created by the global pandemic. Moreover, it should be pointed out that were the prior city management and legal team operating with this belief, they would have also been under the belief that they had at least five years to pay back the money borrowed in the 2021-2022 fiscal year - in other words the $300,000 borrowed from Measure V in 2021-2022 fiscal year would not be due for repayment until June 30 of 2027.
Regardless of how we got here, MCAG has taken the position that it will withhold future Measure V funding in trust until the City's Measure V is made whole. This means the City must not only deal with the negative impacts of more than $3 million in deficit spending 4 that has occurred but it also must save, and/or expend, nearly $2.2 million dollars in local road improvements before MAG will release the funding held in trust. Importantly, it should be understood that the City will not lose the money held in trust but it will not be able to expend those funds until loans created by the deficit spending have been repaid.
COUNCIL CONSIDERATIONS GOING FORWARD
Obviously, the current situation is untenable and the City must take immediate steps to improve the fiscal outlook. In order to facilitate Council discussion, staff presents the following options:
1) Increase Rates and Charges for Enterprise Services to ensure that the funds generated are sufficient to support the costs for those services moving forward. 2) Increase Rates and Charges for Enterprise Services in order to generate sufficient funds to meet the interfund loan obligations on these accounts. 3) Explore obtaining external financing, to allow the City to immediately begin road improvement work - this improvement work would be funded by the loan repayment funds mention above and the completed work would act as repayment of the Measure V fund loans. Most importantly, this option allows the City to spread the deficit recovery over a long period of time thus decreasing the potential rate impacts while also allowing the City to immediately benefit from road improvement projects.
The above are initial discussions items at this point. But we would ask the Council to direct staff to begin working on rate increases so those items may be more fully flushed out and presented to the Council at a future meeting for your consideration.
FY 2019-2020 EY 2028-2021 EX2021-2022 EX20222023 EX 2023-2024 EX 2004-2025 EX 2025-2826 IstalDeficit Unaudited Unawatted
WATER Budget 790,000.00 834,000.00 875,000.00 880,000.00 1,021,000.00 1,173,000.00 1,176,510.00 Revenue T78,117.00 763,440.00 594,232.00 677,834.00 847,702.00 1,071,855.26 796,643.88 Equense 1,100,589.00 1,269.298.00 1,156.395.30 936,083.00 1,144,089.00 1,816,055.21 1,055,645.43 Deficit (821,472.00) (505,355.00) (551,154.00) $ (4,391,484.00) (258,229.00) (256,387.00) (244,198.95) (268,001.55) $ (1.057,817.50) SEWER Budget 912,000.00 965,000.00 1,089,000.00 1,132,000.00 1,185,000.00 1,208,000.00 1,125,872.00 Revenue 1,068,276.00 1,053,056.00 1,044,978.00 1,054,356.00 1,015,009.00 1,019,843.40 782,813.85 Expense 1,005,008.00 863,531.00 1,$72,938.00 933,381.00 982,831.00 1,169,722.38 968,033.08 84,296.00 189,505.00 (27,980.00) $ 225,811.08 120,995.00 32,184.00 (149,878.98) (235,21943) $ (231,919.41) REFUSE Budget 749,000.00 779,000.00 785,000.00 725,000.00 748,000.00 820,000.00 951,000.00 Revenue 739,438.00 745,570.00 711,824.00 643,156.00 651,562.00 657,368.87 824,993.08 Expense 663,962.00 823,398.00 839,980.00 789,933.00 830,137.00 887.057.36 949,488.81 Deficit 75,477.00 (57,828.00) (178,162.00) $ (160,511.00) (143,777.00) (178,575.00) (308,690.89) (124,595.73) $ (756,53842) $ (1,326,184.00) $ (2046,375.33) $ (3.372,559.35)
Water Defecit FY 2020-2026
1,400,000.00
1,200,000.00
1,000,000.00
800,000.00
600,000.00
400,000.00
200,000.00
Unaudited Unaudited
FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023 FY 2023-2024 FY 2024-2025 FY 2025-2026 (200,000.00)
(400,000.00)
(600,000.00)
• WATER Budget a WATER Revenue WATER Expense = WATER Deficit Sewer Deficit FY 2020-2026
1,400,000.00
1,200,000.00
1,000,000.00
800,000.00
600,000.00
400,000.00
200,000.00
(200,000.00)
(400,000.00)
• SEWER Budget SEWER Revenue = SEWER Expense •SEWER Deficit Refuse Deficit FY 2020-2026
1,000,000.00
800,000.00
600,000.00
400,000.00
200,000.00
Unaudited Unaudited
FY 2019-2020 FY 2020-2021 FY 2021-2022 FY 2022-2023 FY 2023-2024 FY 2024-2025 FY 2025-2026 (200,000.00)
(400,000.00)
• REFUSE Budget 2 REFUSE Revenue • REFUSE Expense • REFUSE Deficit
CITY OF DOS PALOS
STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION
PROPRIETARY FUNDS
FOR THE YEAR ENDED JUNE 30, 2020
Business Type Activities - Enterprise Funds
Water Sewer Refuse Total
Operating revenues
Charges for services S 224.295 933,358 739,439 S 1.897.092 JPA operations and maintenance fees 535.351 133.017 668,368 Other 16.471 2,900 19.371
Total operating revenues 776.117 1069.275 739.439 2.584,831 Operating expenses
Personnel services & benefits 616.746 598,321 (8.781) 1.206,286 Repairs & maintenance 186,699 98.687 26,146 311,532
Heat. light & power 74.012 117 238 191,250
Depreciation 29031 64.556 30.540 124,127
Insurance 25.722 25.722 961 52.405
Joint powers operating expenses 28.146 28.146
Contractual services 60.442 30.948 590.137 681,527
Bad debt 14.178 5.797 16.778 36,753
Other 93,759 35.594 8.181 137,534
Total operating expenses 1,100.589 1.005.009 663,962 2,769,560 Operating income (loss) (324 472) 64.266 75.477 (184.729) Nonoperating revenues (expenses)
Interest income 11.985 30.990 1.080 44,055
Capacity charges 3.800 (39,560) 3,800
Interest expense (39,599)
Bad debt (12,876) (12.876)
Total nonoperating revenues (expenses) 2,909 (8.570) 1,041 (4,620) Change in net position (321.563) 55.696 76,518 (189,349) Total net position - begınnıng, as restated 1.488.799 1009,143 (226.131) 2.271,811 Total net position - ending S 1.167.236 1.064.839 (149613) S 2.082.462 The notes to the basic financial statements are an integral part of this statement. 13 CITY OF DOS PALOS
STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION
PROPRIETARY FUNDS
FOR THE YEAR ENDED JUNE 30, 2021
Business Type Activities • Enterprise Funds
Water Sewer Refuse Total
Operating revenues:
Charges for services 216.847 915,785 745.570 $ 1,878.202 JPA operations and maintenance fees 536,689 133.298 669.987 Other 9.904 3,973 13.877
Total operating revenues 763.440 1.053.056 745.570 2.562.066 Operating expenses:
Personnel services & benefits 516,465 494.021 86,073 1,098,559 Repairs & maintenance 358.589 77,432 24,530 460.551
Heat. light & power 75.944 76.023 151.967
Depreciation 32.018 67.526 30,539 130.083
Insurance 30.547 30,547 1,083 62,177
Joint powers operating expenses 8.382 649,748 8.382
Contractual services 120.933 67.452 838,133
Other 134,802 42.168 9.423 186.393
Total operating expenses 1.269.298 863.551 803.396 2.936.245 Operating income (loss). (505,858) 189.505 (57.826) (374.179) Nonoperating revenues (expenses):
Investment earnings 3.193 8.591 299 12.083
Interest (495) (36.788) (37,283)
Capital grants 9,644 9.644 : 19.288
Total nonoperating revenues (expenses) 12.342 (18.553) 299 (5.912) Change in net position (493.516) 170.952 (57.527) (380,091) Total net position - beginning 1.167.236 1.064.839 _(149.613) 2.082.462 Total net position - ending § 673.720 S 1.235.791 $ 1207.140) $ 1.702.371 The notes to the basic financial statements are an integral part of this statement.
CITY OF DOS PALOS
STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION
PROPRIETARY FUNDS
FOR THE YEAR ENDED JUNE 30, 2022
Business Type Activities - Enterprise Funds
Water Sewer Refuse Total
Operating revenues:
Charges for services 158,999 911,009 711.824 $ 1.781,832 JPA operations and maintenance fees 538,783 133,954 672.737 (103,550) 15 1.. (103.535)
Other
Total operating revenues 594.232 1,044.978 711.824 2.351.034 Operating expenses:
Personnel services & benefits 615,620 706,009 127,703 1.449.332 Repairs & maintenance 151,544 73,585 30.166 255.295
Heat, light & power 95.069 85,610 180.679
65,421 30,539 115.018
Depreciation 19.058
Insurance 51.520 51,520 1,313 104.353
Joint powers operating axpenses 8.382 8.382
Contractual services 91,819 46,534 690,895 829.248
Other 130.756 35,877 9.370 176,003
Total operating expenses 1.155.386 1.072,938 889,986 3.118.310 Operating income (loss) (561.154) (27,960) (178.162) (767.276) Nonoperating revenues (expenses):
Intergovernmental grant 982.474 982.474
2,680 6.094 217 8.991
Investment earnings
Interest (964) (33,811) (34.775)
Capital grants 892.592 892.592
Total nonoperating revenues (expenses) 1.876,782 (27.717) 217 1,849.282 Change in net position 1.315,628 (55,677) (177,945) 1,082.006 Total net position - beginning, as restated 796.979 1.235,791 (207,140) 1.825.630 Total net position - ending $ 2,112,607 $ 1,180.114 S(385.085) $ 2.907.636 The notes to the basic financial statements are an integral part of this statement. 15 CITY OF DOS PALOS | FOR THE YEAR ENDED JUNE 30, 2023 Proprietary Funds
Statement of Revenues, Expenses and Changes in Net Position Business Type Activities - Enterprise Funds
Water Sewer Refuse Total
Operating revenues:
Charges for services 146,994 921,564 641,531 $ 1,710,089 JPA operations and maintenance fees 528,472 132,792 661,264 Other 2,368 1,625 3,993
Total operating revenues 677,834 1,054,356 643,156 2,375,346 Operating expenses:
Personnel services & benefits 395,430 394,135 80,701 870,266 Repairs & maintenance 139,214 126,565 38,099 303,878
Heat, light and power 101,225 106,704 207,929
Insurance 57,502 57,502 2.76. 116,765
Contractual services 55,094 85,579 628,990 769,663
Depreciation 29,292 83,442 30,539 143,273
Other 158,306 79,434 6,843 244,583
Total operating expenses 936,063 933,361 786,933 2,656,357 Operating income (loss) (258,229) 120,995 (143,777) (281,011) Nonoperating revenues (expenses):
Investment earnings 12,284 32,090 1,295 45,669
Gain on sale of asset (loss) (21,682) (21,682)
Interest (422) (29,707) 1... (30,129)
Capital grants 507,496 507,496
Total nonoperating revenues (expenses) 519,358 (19,299) 1,295 501,354 Change in net position 261,129 101,696 (142,482) 220,343 Total net position (deficit) - beginning 2,112,607 1,180,114 (385,085) 2,907,635 Total net position (deficit) - ending 2,373,736 1,281,810 $ (527,567) 5 3,127,979 The notes to the basic financial statements are an integral part of this statement. 14 CITY OF DOS PALOS | FOR THE YEAR ENDED JUNE 30, 2024 Proprietary Funds
Statement of Revenues, Expenses and Changes in Net Position Business Type Activities - Enterprise Funds
Water Sewer Refuse Total
Operating revenues:
Charges for services 321,660 $ 876,144S 651,467 1,849,271 JPA operations and maintenance fees 488,310 132,773 621,083 Other 37,732 6,091 95 43,918
Total operating revenues 847,702 1,015,008 651,562 2,514,272 Operating expenses:
Personnel services & benefits 446,083 394,530 120,943 961.556 Repairs & maintenance 133,947 143,614 19,109 296.670
Utilities 123,340 119,556 242,896
Insurance 119,369 76,306 2,035 197,710
Joint powers operating expenses 8,382 8,382
Contractual services 157,196 93,384 672,151 922,731
Depreciation 36,141 95,516 7,652 139,309
Other 128,013 51,536 3,247 187,796
Total operating expenses 1,144,089 982,824 830,137 2,957,050 Operating income (loss) (296,387) 32,184 (178,575 (442,778) Jonoperating revenues (expenses)
Use of money and propert 15,999 86,161 2,310 104,470
Interest (97,394) (145,451) (242,845)
Capital grants 5,649,921 19,000 5,668,921
Total nonoperating revenues (expenses) 5,568,526 (59,290) 21,310 5,530,546 Change in net position 5,272,139 (27,106) (157,265) 5,087,768 Net position - beginning, as previously presented 2,373,736 1,281,810 (527,567) 3,127,979 Error correction (see footnote 14) (11,487) (11,487)
Net position - beginning, as restated 2,373,736 1,281,810 (539,054) 3,116,492 Total net position (deficit) - ending 5 7,645,875 $ 1,254,704 $ (696,319) 5 8,204,260 The notes to the basic financial statements are an integral part of this statement.
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF DOS PALOS
AND
DOS PALOS-ORO LOMA JOINT UNIFIED SCHOOL DISTRICT
The Dos Palos-Oro Loma Joint Unified School District, hereinafter referred to as (DPOLJUSD), and the City of Dos Palos, hereinafter referred to as (DPCITY), enter into this Memorandum of Understanding (Agreement) for the express purpose of implementing the Expanded Learning Opportunities Program (ELOP). It is understood by and between the parties that the implementation of this Agreement is contingent upon continued funding received by DPOLJUSD from the California Department of Education.
DPOLJUSD and DPCITY desire to work cooperatively to build an asset-based approach to the delivery of services to children, youth, and families after school. DPOLJUSD and DPCITY will implement effective strength-focused strategies for positive youth development as part of the ELOP.
I PURPOSE:
The purpose of this Agreement is to establish a formal working relationship between the parties, based on the intent to meet the service delivery needs of the ELOP as described in the program model guidebook, and to set forth the operative conditions which will govern this important partnership.
II. DESCRIPTION OF PROGRAM SERVICES
A. DPCITY will provide ELOP services ("Services"):
1. Provide staff to operate the program as described in the ELOP guidelines attached.
2. Provide supervision of the personnel employed under this agreement. All terms of employment of said persons, including working conditions, discipline, hiring and discharging, or other terms of employment and/or requirements of law, shall be made by the DPCITY, and DPOLJUSD shall have no right or authority over such persons or the terms of such employment. However, DPOLJUSD will have input on the selection and placement of the staff hired for this program.
3. Delivery of services will occur during after-school program hours at a minimum of four hours; times may vary from 1:00 p.m. to 6:00 p.m. but at most nine hours on designated days of program operation for a minimum of 212 days.
4. Be responsible for maintaining evaluation data, attendance forms, and other relevant program documentation as needed by program.
5. Provide appropriate recreational, educational, and custodian supplies for services that will be billed to DPOLJUSD under terms of reimbursable payment 005331.0016940
504487.1
B. DPOLJUSD agrees to the following:
1. Provide appropriate space and general operational supplies for services. This space will include access to needed school facilities. Overall Facility Maintenance will be handied by DPOLJUSD who owns the facility.
2. Develop common confidentiality guidelines to share information between DPOLJUSD and DPCITY to the extent permitted by the California Education Code and the Welfare and Institutions Code governing client confidentiality.
Work collaboratively with DPCITY to identify and meet the needs of students served in the program.
4. Set meeting and training schedules.
5. Maintain coordination with other agencies and services providers with DPCITY.
6. Provide the needed audit documentation to the state as required by the ELOP guidelines.
III. TERM
The term of this Agreement shall commence by July 1, 2026, and continue through July 31, 2028. This Agreement may be reviewed by both parties annually. This Agreement contains all the terms and conditions agreed upon by the parties regarding the subject matter of this Agreement and supersedes any prior Agreement, oral or written, and all other communications between the parties relating to such subject matter.
IV. TERMINATION CLAUSE
A.Termination for Convenience
This Agreement may be terminated by either party within sixty (60) days of giving written notice of intention to terminate the agreement.
B.Termination for Default
Both parties, by written notice, may terminate this Agreement in whole or in part at any time because of failure to fulfill contractual obligations and following a reasonable opportunity to cure. Upon receipt of such notice, the respective party shall:
Immediately discontinue all services affected (unless the notice directs otherwise); and
2. Deliver to DPOLJUSD all information and material as may have been involved in the provision of services whether provided by DPOLJUSD or generated by DPCITY in the performance of this Agreement, whether completed or in process.
If the termination is due to the failure of DPCITY to fulfill its contractual obligations, DPOLJUSD may take over the services, and complete the services by contract or otherwise.
DPCITY shall not be entitled to anticipatory or consequential damages as a result of any termination under this section. Payment to DPCITY in accordance with this section shall constitute DPCITY's exclusive remedy for any termination hereunder. The rights and remedies of DPOLJUSD provided in this section are in addition to any other rights and remedies provided by law or under this Agreement. 005331.0016940
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V. AMENDMENTS
Amendments to this Agreement may only be made with the mutual written agreement of both parties.
VI. HOLD HARMLESS/INDEMNIFICATION/INSURANCE
A. DPOLJUSD will defend, indemnify, and hold harmless DPCITY and its board of trustees, officers, agents and employees in response to any demand or claim of liability arising from an accidont or event actually or allegedly caused by a breach of a legal duty by DPOLJUSD or its agents or employees. Such obligations shall survive the termination of this Agreement.
B. DPCITY will defend, indemnity, and hold harmless DPOLJUSD and its board of directors, officers, agents, and employees in response to any demand or claim of liability arising from an accident or event actually ot allegedly caused by a breach of a legal duty by DPCITY or its agents or employees. Such obligations shall survive the termination of this Agreement.
C. Each Party shall procure and maintain liability coverage, ensuring their ability to fultill their respective indemnity obligations. The coverage provider shall issue (i) a certificate of coverage confirming liability protection to its own covered party and (it) an endorsement extending coverage to the parties to be indemnified, to the full extent of the agreed indemnity obligations, evidencing a limit of liability of no less Than $2 million per claim. No cancellation, change, or reduction in coverage extended to the indemnified parties will be effective absent 30 days advance written notice to the primary indemnified (DPCITY or DPOLJUSD).
VII. INDEPENDENT CONTRACTOR STATUS
The parties hereto agree that the relationship created by this Agreement is that of independent contractors. Each party will be responsible for providing its own salaries, payroll taxes, withholding, insurance, worker's compensation coverage, and other benefits of any kind, as required by law, for its own employees.
A.Non-Exclusivity
During the terin of this agreement DPCITY may, independent of DPCITY's relationship with the DPOLJUSD, without breaching this Agreement or any duty owed to the DPOLJUSD, act in any capacity, and may render services for any other entity.
During the term of this Agreement the DPOLJUSD may, independent of its relationship with the DPCITY, without breaching this Agreement or any duty owed to the DPCITY contract with other individuals and entities to render the same or similar services to the DPOLJUSD.
B. Assignment
DPCITY shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the prior written consent of the DPOLJUSD, which may be withheld by the DPOLJUSD in its sole and absolute discretion for any reason. Any attempted assignment, sublet, or transfer in violation of this Agreement shall be grounds for the DPOLJUSD, in its sole discretion, to terminate the Agreement.
C. Subcontracting !
1. The DPCITY may contract with a third party (each a "Lower Tier Provider") for performance by the Lower Tier DPCITY of a portion of the Services, or any special education or other ancillary or 005331.0016940 related services required for the DPCITY to perform the Services, only upon, in each case, written 5044871
consent of the DPOLJUSD given in advance of the DPCITY entering into the subcontract. The DPOLJUSD, in its reasonable discretion, may grant, deny, delay, or condition any such consent. If the DPCITY is authorized to subcontract in accordance with this Section, the DPCITY shali incorporate all provisions of this Agreement into each such subcontract, provided that a Lower Tier DPCITY shall only be required to perform such portion of the Services as described in the subcontract. Without limiting the foregoing, the DPCITY shall in each case cause the Lower Tier DPCITY to procure and maintain insurance during the term of the corresponding subcontract, or for such longer period as required by this Agreement.
Of Provider's subcontractors' insurance coverage shall be substantially the same as that required of Provider. Each of Provider's subcontractors shall furnish DPOLJUSD with original endorsements effecting coverage required by this clause and a declarations page for each policy. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.
VIII SAFETY AND HEALTH
but not limited to Penal Code sections 667.5(c) and/or 1192.7(c). DPCITY shall not pernit any employee to have any such contact with students of DPOLJUSD until such certification has been received by DPOLJUSD. DPCITY shall supply DPOLJUSD with a list a names of those employees who are cleared to work with students and parents of the district.
Effective as of January 1, 2022; Education Code Section 45125.1 ("Section 45125.1") requires that each entity having a contract with a local educational agency ("LEA") shall ensure that each of the personnel interacting with students outside of the immediate supervision and control of the student's parent or guardian or a school employee, has a valid criminal records summary as described in Education Code Section 44237. In addition, the contracting entity shall immediately provide subsequent arrest and conviction information it receives to the LEA. Section 45125.1 authorizes LEA's to require compliance with the requirements for personnel other than those directly employed by the contracting entity. Because students may be present during activities undertaken by the DPCITY and/or Lower Tier Providers, and because there will be no corresponding "immediate supervision," the Provider, in connection with such activities, shall comply in all respects with Section 45125.1. Without limiting the foregoing, the DPCITY shall require and be responsible for ensuring compliance, by each and every person who will be at, on, or in the school campus or other DPOL.JUSD facility at which Services are provided ("Location") Location in connection with the installation, maintenance, operation, repair, reconstruction, removal, and/or other purposes related to the Services, with all California Department of Justice guidelines and requirements relating to fingerprinting and criminal-history background checks. In the event Section 45125.1 is repealed or superseded, Provider, following receipt of written notice from the DPOLJUSD, shall comply with such successor or other requirements as provided by law or other governmental requirement.
The DPCITY shall certify in writing to the DPOLJUSD, from time to time as necessary, and on a certification form to be provided by the DPOLJUSD upon request, that no person assigned to or who otherwise will be present at, on, or in the School or other places where any Services are to be provided to students has been convicted of any felony as described in Education Code Section 45122.1. Education Code Section 45122.1 defines a violent felony as any felony listed in subdivision (c) of Penal Code Section 667.5, and a serious felony as any felony listed in subdivision (c) of Penal Code Section 1192.7. The executed certification form must have attached a list identifying all persons to whom the certification applies.
The DPCITY shall prohibit and prevent each and every person who will be at, on, or in any Location (including, not only all persons for whom DPCITY is directly responsible, but also any and all persons for whom any Lower Tier DPCITY is responsible) from being present at, on, or in the vicinity of any Location unless and until DPCITY provides the required certification for such person to the DPOLJUSD. 005331.0016940
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D. INCIDENT/ACCIDENT REPORTING. DPOLJUSD shall submit accident or incident reports pursuant to the procedures specified by the DPOLJUSD.
CHILD ABUSE REPORTING. DPOLJUSD hereby agrees that all staff members, including volunteors, are familiar with and agree to its child and dependent adult abuse reporting obligations and procedures as specified in California Penal Code section 11166. A written statement acknowledging the legal requirements of such reporting and verification of staff adhere to such reporting shall be submitted to the DPOLJUSD at DPOLJUSD's request. DPOLJUSD must develop and/or maintain a written child abuse reporting procedure.
F. REPORTING OF MISSING CHILDREN. DPOLJUSD assures DPOLJUSD that all staff members, including volunteers, are familiar with and agree to adhere to requirements for reporting missing children as specified in California Education Code section 49370. A written statement acknowledging the legal requirements of such reporting and verification of staff adherence to such reporting shall be submitted to the DPOLJUSD at DPOLJUSD's request.
G. TUBERCULOSIS ASSESSMENT AND EXAMINATION. Prior to commencing the Services and at its sole cost and expense, the DPOLJUSD shall: (i) comply with the assessment and examination procedures required pursuant to Section 49406; and (it) certify to the DPOLJUSD, using the form attached as Exhibit "C" to this Agreement, that he/she is free of tuberculosis risk factors or, if risk factors are present, is free of infectious tuberculosis.
H. BLOOD-BORNE PATHOGENS AND OTHER INFECTIOUS MATERIALS. If this Agreement contemplates that the DPOLJUSD will furnish any medical assistance to DPOLJUSD students or otherwise potentially be subjected to any occupational exposure as defined in 29 CFR 1901.1030(b), then, notwithstanding that the DPOLJUSD is an independent contractor and not an employee of the DPOLJUSD, the DPOLJUSD shall comply with all applicable U.S. Department of Labor, Occupational Health and Safety Administration ("OSHA") safety and health standards and other requirements set forth in 29 CFR 1901.1030. For avoidance of doubt, 29 CFR 1901.1030(b) defines occupational exposure, as of the Effective Date, to mean "reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties."
IX. RECORDS AND PRIVACY
A. Records
1. In connection with this Agreement and the ELO-P Services, the Provider shall prepare and maintain all records ("Provider Records") as are: (i) consistent with generally accepted accounting principles and good business practices; and (ii) required by State of California and federal laws and regulations. The Provider shall maintain all Provider Records for a period of at least five (5) years after final payment to the Provider pursuant to this Agreement. For purposes of this Agreement, "Provider Records" shall include, but are not limited to: student records as defined by California Education Code section 49061 (b); registers and roll books of teachers and/or daily service providers; daily service logs and notes and other documents used to record the provision of the ELO-P Services; staff lists specifying credentials held and documents evidencing other staff qualifications, social security numbers, dates of hire, and dates of termination; staff time sheets; non-paid staff and volunteer sign-in sheets; liability and worker's compensation insurance policies; after school agency certifications; statements of income and expenses; general journals; cash receipts and disbursement books; general ledgers and supporting documents; federal/state payroll quarterly reports (c.g., IRS Form 941, California Form DE3D, DE 938, DE 9, et cetera); bank statements and canceled checks; and complaints, demands, claims, court filings, witness statements, and similar documents.
2. The Provider shall make the Provider Records available for inspection and copying, by the District, the California State Auditor and other governmental entities with competent jurisdiction, at all reasonable times within the record retention period specified in Subsection 19.A. herein. Notwithstanding the 005331.0016940
5044871 foregoing, if the District or other governmental entity commences during such record retention period, but does not complete within such record retention period, an audit or other review for which the Provider Records are required, the Provider shall make the Provider Records available in accordance with this Subsection until such time as the audit or other review has been completed and closed.
3. With respect to and as applicable to the Provider and all authorized Lower Tier Providers, all of the following shall be deemed and construed to be confidential: (i) this Agreement; all communications and information obtained by Provider from District relating to this Agreement; and all information developed by Provider in connection with this Agreement and/or the ELO-P Services (including, without limitation, all student records and the identity of District students being served by Provider). Except as provided in Subsections 19.D and 19.G., neither the Provider nor any Lower Tier Provider, without prior written consent of an authorized District representative, shall divulge to, or discuss with, any third party either the work or services provided hereunder, or any communication or information in connection with such services or work, except as required by law. Prior to any disclosure that the Provider believes may be required by law, the Provider shall give notice to the District and a reasonable period of days, but in no event fewer than ten (10) business days, for the District to seek a protective order or otherwise prevent disclosure. Except for disclosures required by law, the Provider shall not use or disseminate any conamunications or information obtained from District, or developed by the Provider or any Lower Tier Provider in connection with this Agreement and/or the ELO-P Services, for any purpose other than the performance of this Agreement, without District's prior written consent.
4. At the conclusion of the performance of this Agreement, Provider shall return to District all written materials. constituting or incorporating any communications or information obtained from District or developed by the Provider or any Lower Tier Provider in connection with this Agreement. Upon District's specific approval, Provider may retain copies of such materials, provided that such materials shall remain at all times subject to the requirements of Subsection 19.C herein.
5. Provider may disclose to any authorized Lower Tier Provider or other District approved third party, any information otherwise subject to Subsection 19.C that reasonably is required for the performance of the Lower Tier Provider's responsibilities in connection with this Agreement and/or the ELO-P Services.
The Provider shall require in each of its written subcontracts that the Lower Tier Provider comply in all respects with the requirements of this Section 19, and shall provide a copy of each such subcontract to District prior to the Lower Tier Provider commencing performance pursuant to the subcontract.
6. Provider represents and warrants that it shall not publish, cause to be disseminated, or otherwise disclose through any press release, public statenient, or marketing or selling effort, any information that is confidential in accordance with this Section 19 without the express written approval of District given in advance of disclosure, which approval the District in its sole discretion may grant, deny, or condition.
7. Provider's obligations pursuant to this Section 19 relating to information deemed confidential shall survive cancellation, termination, or expiration of the Agreement Term.
8. Provider shall maintain confidential information, including, among others, District student records, in a secure location and, as applicable, on secure servers or other equipment, as reasonably sufficient to ensure confidentiality and prevent unauthorized access. Provider shall maintain a current list of the names and positions of each and all employees of the Provider and any and all authorized Lower Tier Providers who have access to confidential records. Provider shall maintain an access log for each District students record which lists: (i) each and all persons, agencies, and other organizations that request or receive information from the record; and (i) the legitimate interests for such request or receipt of information from the record. Such log shall be maintained as required by California Education Code secion 49004 and, notwithstanding anything to the contrary, shall include the name, title and agency/organization affiliation, and date/time of access for each individual requesting and/or receiving information from any District student's record.
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9. The Provider shall not record in the foregoing log any information regarding access to the District student's records by: (i) the District student's parent; (ii) an individual to whom written consent has been executed by the District student's parent: or (ill) employees of District or Provider having a legitimate educational interest in requesting or receiving information from the record. For purposes of this paragraph, "employees of the District or Provider" does not include employees of Lower Tier Providers.
Provider shall grant parents access to student records, and comply with parents' requests for copies of student records, as required by State of California and federal laws and regulations.
B. Privacy
1. Without limiting anything else in this Agreement, and in connection with the Services, the DPCITY: (1) shall be responsible for ensuring compliance in all respects, by its personnel and the personnel of all DPCITY subcontractors, with the following privacy-related requirements.
2. Family Educational Rights and Privacy Act, The Family Educational Rights and Privacy Act set forth in 20 U.S.C. Section 1232g ("FERPA") and 34 CFR Part 99, the federal regulations that implement FERPA, set forth requirements for protecting the privacy of parent and student information, including, among others, requirements for maintaining the confidentiality of personally identifiable information (c.g., names, addresses, telephone numbers, dates of birth, test scores, et cetera). To the extent, in connection with the Services, the DPCITY accesses, obtains, stores, uses, or discloses any information within the scope of FERPA (regardless of whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in this Agreement, the DPCITY shall comply with any and all applicable requirements of FERPA and its implementing regulations.
3. Health Insurance Portability and Accountability Act. The Health Insurance Portability and Accountability Act, Public Law 104-191 ("HIPAA") and the federal regulations that implement HIPAA, set forth requirements for, among other things, use and disclosure of individuals' health information, including, among others, requirements for individuals to control use of their health information and for entities possessing such health information to properly protect it from unauthorized disclosure. In addition, the Health Information Technology for Economic and Clinical Health Act of 2009, Public Law 111-5 ("HITECH") and the federal regulations that implement HITECH, address concerns associated with electronic transmission of health information and establishes penalties for violations. To the extent, in connection with the Services, the DPCITY accesses, obtains, stores, uses, or discloses any information within the scope of HIPAA and/or HITECH (regardless of whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in this Agreement, the DPCITY shall comply with any and all applicable requirements of HIPAA and/or HITECH, and their respective implementing regulations.
4. Student Online Information Protection Act. Division 8, Chapter 22.2 (commencing with Section 22584) of the California Business and Professions Code, which is the Student Online Personal Information Protection Act ("SOPIPA"), sets forth privacy laws for operators of websites, online services, and applications that are marketed and used for K-12 school purposes, even if those operators do not contract with educational agencies. To the extent, in connection with the Services, the DPCITY accesses, obtains, stores, uses, or discloses any information within the scope of SOPIPA (regardless of whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in this Agreement, the DPCITY shall comply with any and all applicable requirements of SOPIPA.
5. Children's Online Privacy Act. California Education Code Section 49073.1 sets forth requirements for contracts for third-party storage, management, and retrieval of pupil records and contracts for digital educational software that authorizes any third-party to access, store and use pupil records, including, among others, requirements for limitations and procedures relating to access and use of information 0053310016940 maintained by educational agencies and information acquired directly from pupils. To the extent, in 504487.1
connection with the Services, the DPCITY accesses, obtains, stores, uses, or discloses any information within the scope of Section 49073.1 (regardless of whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in this Agreement, the DPCITY shall comply with any and all applicable requirements of Section 49073.1. For such purposes, the provisions specified in Section 49073.1 are deemed and construed to be incorporated into this Agreement by this reference.
6. Children's Online Privacy Protection Rule. The Children's Online Privacy Protection Act of 1998 set forth in Title 15 USC Section 6501 et seq. ("COPPR") prohibits unfair or deceptive acts or practices in connection with the collection, use, and/or disclosure of personal information from and about children on the internet. To the extent, in connection with the Services, the DPCITY accesses, obtains, stores, uses, or discloses any information within the scope of COPPR (regardless of whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in this Agreement, the DPCITY shall comply with any and all applicable requirements of COPPR
7. Reporting of Incidents. In the event, in connection with the Services, the DPCITY becomes aware of any violation of any of the foregoing provisions described in this Attachment B, then, within twenty- four (24) hours of becoming aware of the violation (in each case, an "Incident"'), the DPCITY shall submit a written report of the Incident to the DPOLJUSD, which shall include, without limitation, a reasonably detailed description of the related facts known by the DPCITY and copies of any and all documentation relating to the Incident that is within the possession or control of the DPCITY.
X. INSURANCE
A. COVERAGE REQUIRED, Before the commencement of the Agreement and during the term of the Agreement, DPCITY shall obtain and maintain insurance issued by insurers acceptable to DPOLJUSD covering DPCITY activities on the Property, and otherwise, as follows:
1. Commercial general liability insurance for bodily injury, personal injury, and property damage and including products and completed operation and non-owned and hired automobile coverage, with a minimum per occurrence limit of one million dollars ($1,000,000) and the deductible shall not exceed five thousand dollars ($5,000). If the policy contains a General Aggregate, then the liability limit must be not less than two million dollars ($2,000,000). The policy must include coverage for any injury caused by abuse, molestation, or exploitation arising from negligent employment, training, investigation, reporting to the proper authorities, or failure to so report, or retention and supervision of a person for whom DPCITY is legally responsible. This coverage must include the actual, alleged, or threatened abuse, molestation, or exploitation by anyone of any person while in the care, custody, or control of DPCITY.
Automobile liability insurance for bodily injury, personal injury, and property damage for vehicles owned, non-owned, or hired, with policy limits of not less than one million dollars ($1,000,000) per accident for bodily injury and property damage.
B. INSURANCE PROVISIONS
1. The policies described above shall: (i) name DPOLJUSD as an additional insured and be provided on an occurrence basis; (ii) state that such policy is primary, excess, and non-contributing with any other insurance carried by DPOLJUSD (iii) state that the naming of an additional insured shall not negate any right the acditional insured would have had as claimant under the policy if not so named; and (iv) state that not loss than thirty (30) days written notice shall be given to DPOLJUSD before the cancellation or reduction of coverage or amount of such policy.
A certificate issued by the carrier of the policies described above shall be delivered to DPOLJUSD prior to DPCITY's entry onto the Property pursuant to this Agreement. Each such certificate shall set forth the limits, coverage, and other provisions required under this section. A renewal certificate for each of the policies described above shall be delivered to DPOLJUSD not less than thirty (30) days before the expiration of the term of such policy.
3. The policy described above may be made part of a blanket policy of insurance so long as such blanket 005331.0016940 policy contains all of the provisions required in this section and does not reduce the coverage, impair S04487.1 DPOLJUSD's rights under this Agreement, or negate DPCITY's obligations under this Agreement.
4. Upon DPOLJUSD's request, a copy of the insurance policies described above shall be provided to DPOLJUSD.
C. WORKER'S COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE.
Before the commencement of the program, DPCITY shall provide a certificate(s) of insurance and endorsements on forms acceptable to DPOLJUSD, for the period covered by the Agreement, with full Worker's Compensation Insurance coverage for no less than the statutory limits and employer's liability insurance coverage with limits not less than one million dollars ($1,000,000) for bodily injury or disease, for all persons whom it employs or may employ in carrying out the program under this Agreement. This insurance shall be in strict accordance with the requirements of the most current and applicable State Worker's Compensation Insurance Laws.
D. PROPERTY INSURANCE.
DPOLJUSD shall maintain, for the duration of this Agreement, all-risk real and personal property coverage adequate to cover the replacement cost of all DPOLJUSD-owned buildings and personal property on the Property to which DPCITY may have access under this Agreement. DPCITY shall be solely responsible for obtaining adequate property insurance for DPCITY's personal property, building improvements, and any real property/buildings owned by the DPOLJUSD while located on the Property or elsewhere.
XI. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS
DPCITY hereby agrees that DPCITY, officers, agents, employees, and subcontractors of DPCITY in connection with the performance of the Services, and without limiting anything else in this Agreement, shall comply with: (i) all applicable federal, state and local laws, regulations, ordinances, rules and other governmental requirements, including, without limitation, Bducation Code Section 46120; (iv) all applicable policies and regulations of the DPOLJUSD; (ii) minimum wages laws; (iii) prohibitions against discrimination. Without limiting the foregoing, the DPCITY acknowledges that, in accordance with Education Code Section 46120(b)(2), certain requirements of the After School Education and Safety Program set forth in Education Code Section 8482 et seq. are applicable to the Services.
DPCITY shall indemnity the DPOLJUSD with respect to any and all liabilities and losses that arise from the DPCITY's failure to comply with any of the foregoing.
DPCITY, officers, agents, employees and/or subcontractors of DPCITY shall secure and maintain in force for the full term of this Agreement, at DPCITY's sole cost and expense, such licenses and permits as are required by law, in connection with the furnishing of all the Services, materials, or supplies necessary for completion of the Services described.
DPCITY represents and agrees that it does not and shall not discriminate on the basis of race, religion, color, sex, age, sexual orientation, disability or national origin.
XII. TUBERCULOSIS (TB) SKIN TESTING
DPCITY will be responsible for all employee clearances including TB clearances.
XIIL SCHOOLS SERVED
Dos Palos Elementary School (grades TK-2), Bernhard Marks Elementary School (grades 3-5), and Bryant Middle School (grades 6).
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XIV. COMPENSATION
DPOLTUSD agrees to pay DPCITY for services rendered pursuant to this Agreement:
1. DPOLJUSD agrees to reimburse DPCITY for the services provided to ELOP a projected sum of $250,000. (See attached budget)
2. DPCITY will bill DPOLJUSD monthly. The billing will show total charges by individual school site with submission of the bill to
Dos Palos - Oro Loma Joint Unified School DPOLJUSD
DPOLJUSD ELOP - ATTENTION: ELOP Program Administrator
2041 Almond Street
Dos Palos, CA 93620
A.Nonappropriation of Funds
If at any time during the Agreement Term the DPOLJUSD's then-current annual budget does not appropriate sufficient funds to pay for the Services to be provided pursuant to this Agreement, this Agreement shall terminate and be of no further force or effect. In such event, the DPOLJUSD shall have no liability to pay any funds to the DPCITY or furnish any other consideration under this Agreement, and the DPCITY shall not be obligated to perform any provisions of this Agreement. In the event the Agreement is terminated pursuant to this Section
6.B.1, DPCITY shall be paid for their services rendered to the date of termination.
If, in any fiscal year during the Agreement Term, the DPOLJUSD Board reduces or terminates funding for purposes of this Agreement, the DPOLJUSD shall have the option to either cancel this Agreement, without liability to or recourse by the Provider, or offer to enter into an amendrent to this Agreement that reflects the reduced funding amount.
B. Grant Funding
DPCITY hereby acknowledges that DPOLJUSD's payments to DPCITY are specifically conditioned upon the DPOLJUSD's receipt of grant funding from the State of California specifically for the Program. If DPOLJUSD's receipt of such grant funding is for any reason delayed or suspended, the DPOLJUSD reserves the right to suspend payments to DPCITY until such time as grant funding resumes and the DPOLJUSD shall have no obligation to pay the DPCITY for services provided pursuant to this Agreement except to the extent of such grant funding received by the DPOLJUSD. In such event, however, the DPCITY may suspend performance of the services until such time as the grant funding resumes. If such grant funding terminates, the DPOLJUSD shall have no obligation to continue payments to the Provider, other than for services satisfactorily completed prior to termination of the grant funding, and this Agreement shall be deemed and construed to automatically terminate immediately upon termination of the grant funding. In such case, the DPOLJUSD shall notify the DPCITY in writing at least thirty (30) days in advance prior to the termination of services. In the event this Agreement so terminates, the DPCITY shall terminate its performance pursuant to this Agreement, provided that the provisions of this Agreement that expressly or implicitly survive termination shall remain in effect. 005331.0016940
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XV. WRITTEN NOTICE
Written notices regarding this Agreement required to be provided herein shall be sent, first class Mail to the following representatives:
To Dos Palos-Oro Loma Joint Unified School To City of Dos Palos
DPOLJUSD
Di: Andrew Schwab, Superintendent of Schools Mayor
2041 Almond Street 2174 Blossom Street
Dos Palos, CA 93620 Dos Palos, CA 93620
XVI. ASSIGNMENT.
Neither Party may assign its duties and obligations under this Agreement, or any other interest, right, or priviloge created herein, without the prior written consent of the other Party.
XVII. SEVERABILITY
If any provision of this Agreement is determined by a court or tribunal of competent jurisdiction to be void, voidable, or unenforceable as a matter of law, then such provision shall be deemed deleted and all other remaining provisions of this Agreement shall otherwise remain in full force and effect. 005331.0016940
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XVIII. WAIVER.
No waiver by either Party of any provision of this Agreement shall constitute or be deemed a waiver of any other provision hereof or of any subsequent breach of the same or any provision hereof.
XIX, INTERPRETATION.
This Agreement shall be construed as a wholo, according to its fair meaning, and not strictly for or against either Party hereto. The captions to the sections in this Agreement are included for convenience only, and are not intended and shall not be deemed to modify or explain any of the terms contained herein.
XX. EXECUTION IN COUNTERPARTS.
This Agreement may be executed in counterparts such that the signatures may appear on separate pages. A copy, or an original, with all signatures appended together, shall be doomed a fully executed Agreement. Signatures transmitted by facsimile shall be deemed original signatures.
XXI. GOVERNING LAW AND VENUE.
This Agreement shall be construed and interpreted in accordance with the laws of the State of California. Venue shall be in the Superior Court of California, County of Merced.
XXII. APPROVALS
Mayor, City of Dos Palos
Date
Dos Palos - Oro Loma Joint Unified School DPOLJUSDDPOLJUSD Date
..........
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2024-2025
AFTER THE BELL ENRICHMENT PROGRAM - (ELOP) BUDGET SUMMARY
BUDGET CATEGORIES TOTAL TOTAL
OPERATING REVENUE
EXPENSES
PROGRAM FUNDING:
Dos Palos - Oro Loma Joint Unified $250,000
School DPOLJUSDDPOLJUSD
Learning Opportunitios Program
OPERATING EXPENSES:
Salaries & Wages
Staff Onboarding
Office Supplies
Building Supplies & Services
Contracted Services
Curriculum
Technology
Classroom Upgrades
Program Supplies & Equipment
$250,000
TOTAL OPERATING EXPENSES:
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CITY OF DOS PALOS
STAFF REPORT
TO: City Council Members DATE: May 19, 2026
FROM: Phillip Hall, City Attorney
SUBJECT: Memorialization of Acting Interim City Manager Appointment The attached Memorandum of Understanding (MOU) memorializes the agreement between the City of Dos Palos and Gordon J. Bonds regarding his appointment as Acting Interim City Managerwhile the City Council determines its desired response to the somewhat unexpected and early resignation of the prior City Manager.
In sum, the MOU provides a temporary pay increase that brings Mr. Bonds salary to the equivalent of the prior City Manager while Mr. Bonds is Acting Interim City Manager. This MOU and the his appointment as Acting Interim City Manager is not meant to interfere with Mr. Bonds current position as the Director of Public Works in anyway and he will be acting in both roles but his employment with the City will remain as the Director of Public Works.
While the MOU allows the City to remove the Acting designation at will, the City is unable to remove and/or modify Mr. Bonds civil service rights as Director of Public Works and the City must provide Mr. Bonds with 30 days' notice of any action to revert the temporary pay increase to his current pay level.
MEMORANDUM OF UNDERSTANDING
APPOINTMENT OF ACTING INTERIM CITY MANAGER
This Memorandum of Understanding is entered into as of _ day of 2026 by and between the City of Dos Palos (the City) and the Gordon J. Bonds (Mr. Bonds).
WITNESSETH
WHEREAS, the prior City Manager unexpectedly resigned earlier than expected on March 27, 2026; and,
WHEREAS, Mr. Bonds is the current City of Dos Palos Director of Public Works and he was asked in March to take on the additional duties required of the City Manager while the City Council considered its options to fill the City Manager vacancy; and, WHEREAS, Mr. Bonds agreed to take on the additional duties of Acting Interim City Manager on top of his duties as the Director of Public Works until the April 14* Board meeting without any additional compensation; and,
WHEREAS, the City, acting through its duly elected City Council, and Mr. Bonds would now like to enter into this Memorandum of Understanding to memorialize the City's desire that Mr.
Bonds continue his due role as the Director of Public Works and Acting Interim City Manager; and,
• WHEREAS, the City and Mr. Bonds agree that this Memorandum of Understanding is not intended to, and does not, interfere with, or in any way affect, Mr. Bonds' employment as the City Dos Palos.
NOW THEREFORE, in consideration of the above recitals which are hereby incorporated into this agreement, the City of Dos Palos and Mr. Bonds agree as follows:
1. Mr. Bonds is hereby formally appointed as the temporary Acting Interim City Manager until such time as the City, acting through its duly elected City Council, decides to take action to remove that designation. Upon such action, Mr. Bonds shall return to his full-time, and always ongoing, roll as the Director of Public Works.
2. In recognition of the due rolls that Mr. Bonds has held since March of 2026, the City shall pay Mr. Bonds a monthly increased salary that equates to the pay level of the prior City Manager beginning April 14, 2026 and in the case the City Council decides to remove Mr.
Bond's designation as temporary Acting Interim City Manager the City shall provide Mr. Bonds with 30 days' notice before returning his salary to his normal salaried position.
3. This agreement is not meant to and does not impact Mr. Bonds current position as the City of Dos Palos Director of Public Works.
IN WITNESS WHEREOF, the City has caused this agreement to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, Mr. Bonds has signed and executed this Agreement, and the City Attorney has approved this agreement as to form as of the dates written below.
DATED: EMPLOYEE
By:
Gordon J. Bonds
THE CITY
DATED:_ By:
Katy Reed, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By:
Phillip Hall, City Attorney
I would like the City Council to consider lifting
the hiring freeze so that the City can backfill
vacant positions. The Police Department
currently has a vacant position that need to be
filled in order to maintain staffing levels and
continue providing essential public safety
services to the community.
RESTATED JOINT POWERS AGREEMENT OF THE
TRANSIT JOINT POWERS AUTHORITY FOR MERCED COUNTY
[TUPA]
Effective Date _ 2026
This Restated Joint Powers Agreement is entered into by and among those undersigned of the Cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos, and Merced, all municipal corporations and the County of Merced, a political subdivision of the State of California.
RECITALS
Common Power. Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the California Govem ment Code authorizes two or more public agencies, by a joint powers agreement entered into respectively by them and authorized by their legislative or governing bodies, to jointly exercise any power common to them.
2. Common Authority. The City of Merced, by virtue of its charter, and the Cities of Los Banos, Atwater, Livingston, Dos Palos and Gustine, and the County of Merced, by virtue of California Government Code Section 6500 - 6539.9, inclusive, possess in common the authority:
a) To plan, adopt, finance, administer, and operate transit equipment and facilities;
To enforce and report Transit Services in the Service Area; and c) To do all acts necessary to participate in federal programs and receive federal funds for the development, operation, and provision of Transit Services within the Service Area, including contracting and cooperating with other agencies. :
3. Orderly Development. The people residing within the in corporated and unincorporated areas of Merced County have an interest in the orderly development of their communities.
4. Independent Agency. The continued growth and extensive development ....
with in the incorporated and unincorporated areas of Merced County have evidenced the 1 need to create a wholly independent regional agency capable of dealing with area-wide issues and problems.
Transit Joint Powers Authority for Merced County. On January 24, 1995, as modified by Resolution 2002/03/21/2, the foregoing needs led to the creation and establishment of the Transit Joint Powers Authority for Merced County, (hereinafter referred to as "TJPA").
Effects. The establishment of TJPA has:
a) _ Provided a forum to study and develop solutions to area-wide problems of mutual concern to the Agencies.
b) Provided efficiency and economy in govemmental operations through the cooperation of the Agencies and the pooling of common resources. c) Provided for the establishment of a JointPowers Authority responsible forplanning, adoption, financing, administration, and operation of transit equipment and facilities and for the joint monitoring, enforcement, and reporting of Transit Service activities in the Service Area.
d) Facilitated cooperation among and agreement between the Agencies for specific purposes, interrelated developmental actions, and for the adoption of common policies with respect to issues and problems which are common to the Agencies.
7. Amendment. The undersigned Agencies and Members desire to amend and restate the Transit Services Consolidation Agreement dated January 24, 1995, as :
amended (the "Original Agreement"), in order to establish the duties and powers of the Transit Joint Powers Authority for Merced County. This Restated Joint Powers Agreement :
and the terms and conditions set forth herein supersede all prior amendments and restatements of the Original Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE 1. DEFINITIONS
1.1 Unless the context otherwise requires, capitalized terms used in this 2 Agreement will have the meanings specified in Exhibit A, which is attached and incorporated by this reference.
ARTICLE 2. PURPOSE
2.1 This Agreement is made pursuant to the Act to provide for the joint exercise of certain powers common to the Members and the additional powers granted underthe Act. To the extent currently applicable, those powers and/or functions are set forth in Article 6 below.
ARTICLE 3. CONTINUATION OF AUTHORITY
3.1 Continuation. Upon the effective date of this Agreement, the Parties hereto hereby continue the Transit Joint Powers Authority for Merced County, as a public entity separate and distinct from its member entities, as the agent to exercise the common powers provided for in this Agreement and to administer or otherwise execute the terms of this Agreement.
3.2 Assets, Rights and Liabilities. The assets, rights, debts, liabilities, and obligations of TJPA shall be those of TJPA and shall not constitute assets, rights, debts, liabilities, or obligations of any of the Members. However, nothing in this Agreement shall prevent any Member from separately contracting for, or assuming responsibility for, specific debts, liabilities, or obligations of TJPA, provided that both the Board and that Member approve such contract or assumption. The provisions of Government Code section 6504, specifically including the right of Members to advance funds and make loans, are made a part of this Agreement.
ARTICLE 4. TERM
4.1 Effective Date. This Agreement shall become effective on
4.2 Term. This Agreement shall continue for a period of thirty years from the effective date unless terminated in accordance with Article 10 of this Agreement. The term may only be modified by the unanimous consent of all Members.
ARTICLE 5. BOUNDARIES
5.1 Boundary. TJPA's jurisdictional boundary shall not exceed the jurisdictional 3 boundary of the County of Merced, as the County boundary may be expanded or changed during the Term of this Agreement. This provision shail not prevent TJPA from providing Transit Services or acquiring services or property outside of its boundaries for the benefit of TJPA Agencies.
ARTICLE 6. FUNCTIONS/POWERS
6.1 Authority Functions. TJPA will function or continue to:
a. Plan, direct, oversee, and administer delivery of Transit Services with in the Service Area
Accept and expend state and federal transit funds.
C. Perform any functions directed by the Board in furtherance of the foregoing or other programs as determined by the Board.
Involve public officials and citizens as members of committees to advise the Authority on a non-binding basis.
6.2 Powers. TJPA is authorized, but is in no way required, to act in its own name on any or all of the following matters, as each Member could act separately, and as it deems in the best interest of its Members, to the extent permitted by any and all applicable laws, codes, ordinances, resolutions and regulations, subject only to such restrictions upon the manner and exercise of such power as are imposed upon the County of Merced in the exercise of similar powers:
a. Make and enter into contracts.
b. Acquire, improve, hold, lease, and dispose of real and personal property of all types.
G. Acquire, repair, rehabilitate, finance, refinance, operate, regulate, and maintain equipment and facilities for the provision of Transit Services. d. Plan, study, and recommend proper and appropriate Transit Service management practices.
Resolve disputes between the public and any entities providing 4 Transit Services or services ancillary thereto.
Plan, design, and implement programs that address fare box revenue requirements.
g. Educate the public as to Transit Services and related matters.
Accept gifts, donations, advances, and contributions and act as regional lead jurisdiction/applicant and grand administrator for grants, including grants in the name of Members/regional participants.
i. Accept gifts, donations, advances and contributions and act as regional lead jurisdiction/applicant and grant administrator for grants in the name of Members/regional participants.
j. Hire agents and employees
Sue and be sued in its own name.
Incur and discharge debts, liabilities and obligations.
Issue bonds or notes and incur other forms of indebtedness, and make associated covenants, for designated purposes, subject to the provisions and limitations of the California Constitution and the Government Code.
Adopt, as authorized by California law, ordinances and resolutions necessary to carry out the purposes of this Agreement.
Any additional power granted to Joint Powers Authorities under the Act.
All powers necessary to the exercise of the enumerated powers.
ARTICLE 7. ORGANIZATION
7.1 Governing Board.
TJPA shall be governed by a Governing Board (hereinafter "Board"), which shall exercise or oversee the exercise of all powers and authority on its behalf. The Board shall meet in accordance with the TJPA bylaws. Under this Agreement, the Board is 5 expressly charged with carrying out the foregoing provisions through its actions, through contracts, or through staff hired by TJPA.
7.2 Directors.
(a) The Board shall consist of each of the five Merced County Supervisors and one elected legislative official from each of the other Members. No Person shall be eligible for appointment to the Board unless he or she is serving in an elective position.
Each of the city Members may appoint one elective Person as an altemate to serve in the absence of an appointed director. Directors and alternate directors who have been duly appointed and are serving at the time of the adoption of this Agreement may continue to serve in that capacity without any further action of the Member. (b) Each Director, so long as a public official, shall hold office from the first meeting of the Board after appointment by the Member until his or her successoris selected by such Member.
(c) This Section 7.2 may only be modified by the unanimous consent of the Members.
7.3 Principal Place of Business. The principal place of business of TJPA shall be located within the Boundary of TJPA.
7.4 Officers.
(a) The Board shall select a Chair and a Vice Chair from among the Directors who shall hold office for a period of one year commencing July 1s!. The Chair and Vice Chair shall alternate between a Member of the Merced County Board of Supervisors and a city Member representative. The positions shall rotate and there shall be no consecutive. terms. These specifications are met with the adherence to the Chair Rotation Schedule adopted by the Merced County Association of Governments (MCAG) Board of Directors on June 15, 2017. The Rotation Schedule may be amended at the discretion of the Board from time to time but shall generally not result in consecutive terms or break the altemation between the County Board of Supervisors Members and the city Member.
(b) Executive Director. The Board shall utilize an Executive Director who shall be the chief executive officer of TJPA. In lieu of special appointment, the Executive Director shall be the Executive Director of MCAG
(c) Deputy Executive Director. The Executive Director may appoint a Deputy Executive Director who shall serve as Executive Director in the absence of the Executive Director. In lieu of special appointment, the Deputy Executive Director shall be the Deputy Executive Director of MCAG.
(d) Finance Director. The Executive Director shall appointa Finance Director who shall function under the guidance of the Executive Director. In lieu of special appointment, the Deputy Executive Director shall be the Deputy Executive Director of MCAG.
(e) Secretary. The Board shall utilize the services of a Secretary. In lieu of special appointment, the Secretary shall be the Secretary of MCAG. (f) General Counsel. TJPA shall contract with an attorney licensed to practice in the State of California who shall serve as General Counsel to TJPA.
7.5 Designation of Law. As required by section 6509 of the Act, and in the absence of conflicting procedural rules, ordinances and resolutions adopted by the Board, the procedural rules, ordinances and resolutions of the County of Merced are the governing law for TJPA.
ARTICLE 8. FINANCIAL MATTERS
8.1 Financial Matters.
(a) Budget. TJPA shall prepare and submit to the Board a budget and work plan for adoption prior to July 1 of each year for the ensuing Fiscal Year. (b) Treasurer. The Finance Director of TJPA shall be the Treasurer pursuant to Government Code section 6505.6.
(c) Auditor. The Finance Director of TJPA shall be the Auditor pursuant to Government Code section 6505.6.
(d) Duties of Treasurer and Auditor. The Treasurer and/or Auditor, as appropriate, shall do all of the following:
(1) Receive and receipt for all money of TJPA and place it in the treasury of the Treasurer so designated to the credit of TJPA. (2) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all TJPA money so held by him or her. (3) Pay, when due, all sums payable with respect to outstanding indebtedness of TJPA.
(4) Pay any other sums due from TJPA only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement.
(5) Make or contract to make an annual audit of the accounts and records of TJPA. The minimum standards of the audit shall be those prescribed for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing practices. A report of the audit shall be filed as public re cord with each of the Agencies within 12 months of the end of the Fiscal Year under 8 ... ....
examination. Any costs in making an audit in accordance with this Agreement shall be bore by TJPA and shall be a charge against any unencumbered funds of TJPA available for the purpose.
(6) Draw warrants to pay demands against TJPA when the
demands have been approved by any Person authorized to so approve in this Agreement. (7) | File an official bond or proof of insurance in an agreed amount pursuant to section 6505.1 of the Act.
(8) Perform any and all other functions necessary to effectuate this Agreement.
(e) Investment Policy. The investment policy of TJPA shall be the investment policy adopted by the Board.
(f) Revenue Bonds. TJPA may issue revenue bonds, but the revenue bonds shall not constitute a debt, liability, or obligation of an individual Member. (g) Insurance/Indemnification.
TJPA shall maintain general liability insurance relating to its enumerated functions and shall indemnify, protect, defend and hold harmless all of the Members and their elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the TJPA's acts and/or omissions arising from and/or relating to this Agreement or any aci and/or omission performed by a Member on behalf of TJPA or at the request of TJPA. This indemnity shall include Environmental Laws as herein defined.
ARTICLE 9. WITHDRAWAL FROM TJPA
9.1 Withdrawal Conditions. A Member may not withdraw from TJPA unless and until that Member:
(a) Liquidates in full its proportion of any and all existing debts, obligations and liabilities incurred, eamed, or expected to be earned by the date of withdrawal, 9 including, but not limited to, certificates of participation, notes, revenue bonds and other indebtedness, if any, as determined by the Board. The liabilities of a withdrawing Member shall specifically include those resulting from acts or omissions when the withdrawing Member was a participating Member of TJPA.
(b) Has provided written notice of intent to withdraw, via a resolution of the governing body of the Member, at least one (1) year prior to the end of the Fiscal Year in which it intends to withdraw. Withdrawal shall be effective at the end of the fiscal year. (c) This Section 9.1 may only be modified by the unanimous consent of the Members.
9.2 Costs of Withdrawal. A withdrawing Member shall be responsible for all costs associated with its withdrawal from TJPA. Such costs may include, but may not be limited to, TJPA staff time associated with ensuring the proper and complete withdrawal of the Member and costs of continuing contracts attributable to that Member. In determining the costs associated with the withdrawal of a Member, the withdrawing Member shall have the option of allowing TJPA to determine such costs or of hiring, at its own cost, an independent auditor approved by the Board to determine the costs associated with its with drawal.
ARTICLE 10. TERMINATION
10.1 Termination Requirements. This Agreement may only be terminated by consentof all Members, and upon full and complete liquidation of all liabilities, including, but not limited to, certificates of participation, notes, revenue bonds and other indebtedness, if any, and the winding up of all TJPA business. Upon the date of termination ("Termination Date"), payment of any and all obligations and division of any and all assets of TJPA shall be conducted subject to the then applicable requirements of the law (currently Section 6511, et seq., of the Act) as follows:
(a) In the event of termination of TJPA where there is a successor public entity that will conduct all of the activities and assume all of its obligations, any and all MCAG assets and liabilities remaining upon termination shall be transferred to the 10 successor public agency.
(b) If there is no successor public agency that would conduct TJPA's activities, all assets and liabilities, including surplus money, shall be apportioned to each Member in proportion to population.
(c) If there is a successor public agency that would conduct some of TJPA's activities, then the Board shall allocate TJPA assets and liabilities, including surplus money, between the successor public agency and the Members. In such case the Member's portion of the allocation shall be based on subparagraph (b) above. (d) By unanimous agreementof the Members, assets and liabilities may be disposed of, divided or distributed on a basis different from that established in this Article 10.
ARTICLE 11. BYLAWS
11.1 Bylaws. Bylaws may be adopted by the Board pursuant to which meetings of the Board shall be called. The Bylaws shall contain appropriate provisions for the transaction of business and describe the duties and powers of the Chair and Vice Chair and such other officers as may be appointed. To the extent the Bylaws conflict with this Agreement, the terms of this Agreement shall control. The Bylaws may be amended from time to time by majority vote of the Board after notice in accordance with the Bylaws.
ARTICLE 12. AMENDMENTS
12.1 With the exception of Article 10, Article 9, Section 7.2 and Section 4.2, this Agreement may be amended at any time by agreement of five Members, one of which must be the County of Merced. The County of Merced's agreement shall be evidenced by a resolution of the County Board of Supervisors. Agreement of a city Member shall be evidenced by a resolution of their respective City Council. However, no amendment may reduce the representation rights of a Member, or add to the duties or obligations of a Member without the agreement of such Member.
ARTICLE 13. MISCELLANEOUS
13.1 Filing with the Secretary of State. All notices required by Government Code 11 Sections 6503.5 and 53051 shall be filed by TJPA with the California Secretary of State.
13.2 Immunity. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which would apply to the activity of officers, agents, or employees of any such Member, when performing their respective functions within the territorial limits of the respective Members, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties under this agreement outside the territorial limits of their Agencies.
13.2 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of each Member. Notwith standing the foregoing, no Member may assign any right or obligation hereunder with out the written consent of all other Members.
13.3 Severability. If any provision of this Agreement or its application to any Person or circumstances is held invalid or illegal by a final judgmentof a court of law in the State of California, the remainder of this Agreement and the application of the provision to other Persons or circumstances shall not be affected.
13.4 Headings. All section headings contained in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any provision of this Agreement.
13.5 Conflict of Interest Code. TJPA has adopted a conflict of interest code.
13.6 Disputes. Prior to filing a lawsuit, the parties shall attempt to resolve, in good faith, any and all disputes, claims or controversies arising out of or relating to this Agreement, including decisions and official actions of the Board, by participating in mediation, conducted by a mediator selected by the parties to the dispute. This provision may be invoked by any Member with written notice (Notice of Mediation") to TJPA, orto the other Agency to the dispute, accompanied by a resolution of the invoking Agency's council or board invoking this provision. TJPA may also invoke this provision through a majority vote of the TJPA Board.
12 Once Mediation Notice is received by an Agency, the parties to the dispute, or their respective representative, shall select a mediator with appropriate expertise and experience with dispute resolution. If the parties are not able to stipulate to a mediator, then, within 10 business days of receiving the Mediation Notice, the parties shall simultaneously exchange a list of three mediators. Each party shall propose their list of mediators independently and without sharing their list with any other party. Within five business days of the exchange, the parties shall, independently and without comparing, rank all of the mediators exchanged in numerical order and exchange such rankings. The highest-ranking person shall be designated as the mediator. In the event of a tie, the earliest available person shall be designated as the mediator. If such mediator is not available to serve, or is otherwise conflicted, the parties shall proceed to contact the mediator who was next highest in ranking until they are able to select a mediator. The parties shall have 30 days from receipt of the Notice of Mediation to select a mediator.
The selected mediator, in consultation with the parties, shall establish the time and place of mediation, rules regarding the prompt exchange of information, and the exchange and preparation of written summaries (if necessary). The parties shall attempt in good faith to complete mediation of the dispute within 120 days of selection. The parties may, by unanimous agreement, establish a different timeframe for mediation. Such alternative timeframe must be in writing and agreed to within 90 days from receipt of the Mediation Notice. Such agreement may be executed by the parties' representatives. The parties agree to attend a minimum of two full-day mediation sessions if the matter cannot be resolved sooner. During the course of the mediation, no party can assert the failure to fully comply with the timelines established herein as a reason not to proceed or to delay the mediation.
The service of the Notice of Mediation shall stay the running of any applicable statute of limitations regarding the dispute until 15 days after conclusion of mediation.
Conclusion of the mediation shall occur at the earliest of 1) execution of a settlement 13 agreement by all parties to the mediation, 2) declaration of the mediator that mediation is terminated, or 3) at the expiration of 120 days from the selection of the mediator (or alternative agreed upon timeframe for mediation) and the parties have attended two full- day mediation sessions. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise.
The mediation process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
13.7 Execution in Counterparts. This Agreement may be executed on behalf of the respective Members in one or more counterparts, all of which shall collectively constitute one agreement.
13.8 Authority to Bind. Each person signing below represents and warrants that he or she is authorized, by resolution or similar action, of their respective city council or board of supervisors to bind the Agency on whose behalf he or she executes this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates shown in the respective signature blocks.
COUNTY OF MERCED
By:_ Dated:
Chairman
ATTEST:
Berk of County Board of Supervisors
Approved as to Legal Form:
By:_
County Counsel
CITY OF ATWATER
By:_ Dated:
Mayor
ATTEST:
By:_
City Clerk
Approved as to Legal Form:
Bly Aloney
CITY OF DOS PALOS
By:_ Dated:
Mayor
ATTEST:
By: _
City Clerk
Approved as to Legal Form:
By:_
City Attomey
CITY OF GUSTINE
By:_ Dated:
Mayor
ATTEST:
By:
City Clerk
Approved as to Legal Form:
By:
City Attorney
18 : CITY OF LIVINGSTON
By: Dated:
Mayor
ATTEST:
By:
City Clerk
Approved as to Legal Form:
ву:-
City Attorney
CITY OF LOS BANOS
By: Dated:
Mayor
ATTEST:
By Clerk
Approved as to Legal Form:
By:_
City Attomey
CITY OF MERCED
By:_ Dated:
Mayor
ATTEST:
By:_
City Clerk
Approved as to Legal Form:
By:
City Attorney
21 EXHIBIT A
DEFINITIONS
Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified below.
Act
"Act" means the California Joint Exercise of Powers Law (California Government Code Section 6500 et seq.)
Agency/Agencies
*Ary of ustine, sty of Listen, City of Lo Ban os, an Aily of My of Dos Palos, Agreement
"Agreement" means this Restated Joint Exercise of Powers Agreement, as it may be amended from time to time.
Auditor
"Auditor" means the Finance Director of TJPA.
Authority
"Authority" means the Transit Joint Powers Authority for Merced County.
Board
• "Board" means the governing Board of Directors of TJPA, consisting of representatives from each of the Members as more fully described in Article 7 of this Agreement.
Chair
"Chair" means the Chair of the TJPA Board, as described in Article 7 of this Agreement and the Bylaws.
Director
"Director" means the Member representatives appointed to serve on the governing Board of Directors.
22 Environmental Laws
"Environmental Laws" means all federal and state statutes and all county, local, and Agency ordinances concerning public health, safety, and the environment including, by way of example and not limitations, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC §9601, et seq.; the Resource Conservation and Recovery Act, 42 USC §6902, et seq.; the Federal Clean Water Act, 33 USC §1251, et seq.; the Toxic Substances Control Act, 15 USC §1601, et seq.; the Occupational Safety and Health Act, 29 USC §651, et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §25100, et seq.; the Califomia Toxic Substances Control Act, California Health and Safety Code §25300, et seq.; the Porter-Cologne Water Quality Control Act, Califomia Water Gode §13000, et seq.: the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5, et seq.; the California Integrated Waste Management Act, California Public Resources Code §40000, et seq., as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder.
Fiscal Year
"Fiscal Year" means the period commencing on each July 1 and ending on the following June 30.
Legislation
"Legislation" means any code, ordinance, resolution, or any other forms or enactmentof the Agencies or any Member which now exists or which may hereafter be adopted which constitutes law or regulation.
MCAG
"MCAG" means Merced County Association of Governments.
Member
"Member" means any Agency (as defined above) which signs onto this Agreement.
Person
*Person" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, special purpose district, town, city, county, state, or the United States.
Service Area
"Service Area" means all territory covered by the Annual Service Plan and/or Short Range Transit Plan.
23 Term
"Term" means the period of time specified in Article 4 of this Agreement.
Transit Services
"Transit Services" means transportation services for the general public within the Service Area, including, but not limited to, fixed-route service, both rural and urban, a demand response system, carless commute, and other Transit Services approved by the Board.
Treasurer
"Treasurer" means the Finance Director of TJPA:
RESOLUTION 2026-02
OE DOS
CLIPORA
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOS PALOS ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-2027 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 AND INCLUDING SB-1 RMRA FUNDING IN THE CITY BUDGET
WHEREAS, Senate Bill 1(SB (SB the Road Repair and Accountability Act of 2017 (Chapter 5.
Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Dos Palos must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the City of Dos Palos, will receive an estimated $162,599.00 in RMRA funding in Fiscal Year 2026-2027 from SB 1; and
WHEREAS, this is the 10" year in which the City of Dos Palos is receiving SB 1 funding and will enable the City of Dos Palos to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Dos Palos has undergone a robust public process to ensure public input into our community's transportation priorities producing the project list; and WHEREAS, the City of Dos Palos used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community's priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Dos Palos maintain and rehabilitate two streets throughout the City of Dos Palos this year and similar projects in the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in poor condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into excellent or good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide; and NOW,
THEREFORE, BE IT RESOLVED, by the City Council of the City of Dos Palos as follows:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in part or solely with Fiscal Year 2026-2027 Road Maintenance and Rehabilitation Account revenues:
Project Title: Valeria Slurry Street Project
Project Description: Slurry Seal
Project Location: Valeria Avenue between Elgin Street and Center Avenue (approximately 2600' in length)
Estimated Project Schedule: Start date July 2026-Completion date June 2027 Estimated Project Useful Life: 10 years (2035).
3. The following previously proposed and adopted project may also utilize Fiscal Year 2026- 2027 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of this project in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund this project with Road Maintenance and Rehabilitation Account revenues:
Project Title: California Avenue Project
Project Description: Slurry Seal
Project Location: California Avenue between Marguerite Street and George Street (approximately 2788' in length)
Estimated Project Schedule: Start Date April 2026 - Completion Date June 2027 Estimated Project Useful Life: 10 years (2035)
The foregoing Resolution 2026 - was introduced by Councilmember _ which motion was duly seconded by Councilmember → and said motion was adopted unanimously, on a_. vote of the Members of the City Council present at a regular meeting held on May 19, 2026 by the following votes to wit:
AVES:
NOES:
ABSENT:
ABSTENTIONS:
•
SIGNED: ATTEST:
KATY REED TRACY MOSBY
Mayor City Clerk
QK/I
MEMO
Date: May 13, 2026 Project No.: 260013/
To: Gordon Bonds, Interim City Manager
From: Garth A. Pecchenino, PE, PLS
Subject: City Project Status
The following will provide a brief report on the status of various projects and items being addressed by QK staff or working with City Staff to provide assistance for the last month, Water Plant Replacement Project:
The progression of work since the last Council meeting is as follows:
Progress is going well and the completion is still looking like summer of 2026, provided testing with the state goes to schedule. Still looking at for the end of June and first part of July.
Slide #3 - Placement of Solar Panels on Roof of Operations Building, this will provide a reduction in the electrical power bill for the Facility.
Slide #4 - Electrical Subcontractor is working through the wiring of the control systems and monitoring connections.
Slide #5 - Programmer working with individual units to program controls and monitoring connections.
Slide #6 - Testing lab setup and office furniture setup, office space Slide #7 - Package Water Plant testing continues with input from the State Water Board staff.
Slide #8 - Treatment process pumping equipment and bypass discharge of waste water during testing.
..
The Screen replacement for the Intake - Shop drawings have been approved and manufacturing will be starting on the screen production, don't have a delivery date yet.
East Blossom Street: Contractor has completed repairs to the sidewalk areas identified as being not (hat most was rejected and contractor numed a Contractor sepan ate acost fred arranty worl hat cost was rejected and Contractor notified aga for areas not in compliance with the Construction Documents for the project.
South Harris Street has areas of Asphalt failure due to wet subgrade material due to the drainage ystem having a plug in the pipeline and flooding the street three to four times during th intertime, looking at how to best repair the areas along the center of the roadwa 2816 Park Avenue • Merced, Callfornia 95348 • Tel (209) 728-2066 + Fax (559) 733-7821 www.gkinc.com
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MEMO PAGE 2 OF 2
Other items:
Any changes or updates will be provided at the meeting.
GAP
2816 Park Avenue • Merced, California 95348 + Tel (209) 723-2066 + Fax (559) 733-7821 www.akinc.com