DOS PALOS CITY COUNCIL
SPECIAL MEETING AGENDA
City-County Building, 1554 Golden Gate Avenue Dos Palos, California, USA 6:00 pm, Tuesday, September 22, 2026
A. CALL TO ORDER: by Mayor Katy Reed
1. Flag Salute: by Councilmember Armando Bravo
2. Invocation:
3. Roll Call: by City Clerk Tracy Mosby
4. Urgency Additions or Deletions: Requires urgency and four affirmative votes B. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS:
1. Swearing-in ceremony of new appointed Councilmember Laura Andrews 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 Minutes of the July 24, 2026, revised Approval of the Minutes of the August 18, 2026 meeting
Approval of the Minutes of the August 20, 2026, Special Meeting Approval of the Minutes of the August 25, 2026, Special Meeting Approval of the Minutes of the August 26, 2026, Special Meeting
2. Approval of the Pre-Paids for August, 2026.
3. Approval of the Warrants for September, 2026
D. BUSINESS:
1. Discuss and approve an amendment to our Solid Waste Report Agreement with Mid Valley Disposal to include Franchise Fees Discussion Public Comment
Action
01499.0001 2195701.2
2. Appointment of City Manager and consideration of City Report Manager contract Discussion
Public Comment
Action
3. Approve paying the July invoice #22083, from Syserco (Solar Project) Report In the amount of $325,640.53, which includes a 10% Discussion Retention reduction. Public Comment
Action
4. Review current budget. Report
E. ADJOURNMENT TO CLOSED SESSION:
1. PUBLIC EMPLOYEE APPOINTMENT
(Government Code section 54957(b) (1), (4).)
Title: City Attorney
2. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One.
F. REPORT FROM CLOSED SESSION:
G. ADJOURNMENT:
01499.0001 2195701.2
AYUNTAMIENTO DE DOS PALOS
ORDEN DEL DÍA DE LA REUNIÓN ESPECIAL
Edificio de la Ciudad-Condado, 1554 Golden Gate Avenue Dos Palos, California 6:00PM, Martes 22 de Septiembre de 2026
A. LLAMADA AL ORDEN: POR LA ALCALDESA Katy Reed
1. Saludo a la bandera: por el concejal Armando Bravo
2. Invocation:
3. Pase de lista: por la secretaria municipal Tracy Mosby
4. Adiciones o eliminaciones de urgencia:Requiere urgencia y cuatro votos afirmativos B. CONDECORACIONES, PRESENTACIONES Y PROCLAMACIONES: :
Ceremonia de toma de posesión de la nueva concejala nombrada Laura Andrews C. CALENDARIO DE CONSENTIMIENTO: Acción
Los ítems considerados de naturaleza rutinaria se incluyen en el Calendario de Consentimiento. No existe discusión de estos puntos antes de la votación del Consejo, salvo que sea un miembro del Consejo o el público solicita que se discutan y/o eliminen puntos específicos del Consentimiento Calendario. Cada elemento del Calendario de Consentimiento aprobado por el Consejo será considerado haber sido considerado en su totalidad y adoptado según la recomendación.
1. Aprobación de las Actas del 24 de julio de 2026, revisadas Aprobación del Acta de la reunión del 18 de agosto de 2026 Aprobación de las Actas de la Reunión Extraordinaria del 20 de agosto de 2026 Aprobación de las Actas de la Reunión Extraordinaria del 25 de agosto de 2026 Aprobación del acta de la Reunión Extraordinaria del 26 de agosto de 2026
2. Aprobación de los prepagos para agosto de 2026.
3. Aprobación de las órdenes de categoría para septiembre de 2026 D. NEGOCIOS:
1. Discutir y aprobar una enmienda a nuestro sistema Reporte de Residuos Sólidos Acuerdo con Mid Valley Disposal para incluir Discusion las cuotas de franquicia Comentario Publico
Accion
01499.0001. 2195701.2
2. Nombramiento del Gerente de la Ciudad y consideración del Reporte Contrato de entrenador Discusion
Comentario Publico
Accion
3. Aprobar el pago de la factura de julio #22083, de Syserco Reporte (Proyecto Solar) Por un importe de 325.640,53 dólares, Discusion que incluye un 10% deducción de retención. Comentario Publico Accion
4. Revisar el presupuesto actual. Informe
E. SE SUSPENDE LA SESIÓN A PUERTA CERRADA:
NOMBRAMIENTO DE EMPLEADO PÚBLICO
(Código de Gobierno sección 54957(b) (1), (4).)
Título: Abogado de la ciudad
2. REUNIÓN CON ASESORES LEGALES —LITIGIOS PREVISTOS
:
Exposición significativa a litigios conforme al párrafo (2) de la subdivisión (d) de la Sección 54956.9: Uno.
F. INFORME DE LA SESIÓN A PUERTA CERRADA:
G. Aplazamiento:
01499.0001 2195701.2
OE DOS
FORATE
1, Laura Andrews, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
Signature
State of California County of Merced Subscribed and sworn to (or affirmed) before me on, this 22nª day of September, 2063 by Tracy Mosby, City Clerk, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
Signature
Dos Palos City Council Special Meeting Minutes
July 15, 2026
A. CALL TO ORDER: Mayor Katy Reed called the Special Meeting of the Dos Palos City Council to order at 5:00 pm in the City-County Building at 1546-1554 Golden Gate Avenue in Dos Palos, California on Tuesday, July 15, 2026.
B. The Flag Salute was led by Councilmember Armando Bravo.
C. There Invocation was led by Councilmember Thomas Pigg.
D. Roll Call: Director of Finance, Manuela Sousa called the roll finding five Councilmembers present: Mayor Reed, Councilmember Pigg, Councilmember Bravo, Councilmember Porter, and Councilmember Bautista.
E. Public Comment: None
F. Discussion was held about Authorizing the Director of Finance to transfer funds, as necessary, to ensure timely payroll processing. Motin was made by Mayor Reed and seconded by Councilmember Bravo to transfer up to $150,000 by the July 17', 2026 from LAIF to Westamerica Bank and from Westamerica Bank to Tri Counties Bank for the July 20t" payroll only, to be paid back no later than September 17, 2026, with an update at the regular City Council meeting on September 15, 2026. Repayment will be from Gas Tax, Refuse, Water and Wastewater revenue. Motion passed unanimously.
E. ADJOURNMENT:
Meeting Adjourned at 5:40 p.m.
Respectfully Submitted By:
bule
Director of Finance
Manuela Sousa
DOS PALOS CITY COUNCIL REGULAR MEETING MINUTES
Tuesday July 21, 2026
Closed Session 5:00 pm
Open Session 6:00 pm
A.CALL TO ORDER: Mayor Katy Reed called a regular Meeting of the Dos Palos City Council To order at 6:00 p.m. in the City County Building at 1554 Golden Gate Avenue in Dos Palos.
1. Roll Call: City Manager Councilmember Bautista arrived 6:08 absent:
Councilmember Pigg
Adjourn to Closed Session.
1. Public Employment - Pursuant to Gove11unent Code § 54957 Title: Review City Manager Applications
2. Conference with Labor Negotiators -Pursuant to Government CodeS 54957,8 City Representative: City Manager
Employee Organization: Miscellaneous Employees
3. Conference with Labor Negotiators - Pursuant to Government Code§ 54957.8 City Representative: City Manager
Employee Organization: Police Officer's Association
4. Conference with Labor Negotiators-Pursuant to Government Codes 54957.6 City Representative: City Council
Employee Organization: Unrepresented Management Employees 5, Conference with Legal Counsel-Pursuant to Government Code§ 54956.9(d)(2)(e) (1) Potential Litigation Two Matters
Reconvene into Open Session and Report from Closed Session.
1. Flag Salute: by Councilmember Armando Bravo
2. Invocation: by Councilmember Chief Snyder
3. Urgency Additions or Deletions:
Deletion of item 1 under business
4. Public Comment: There were several comments given
B. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS.
There was a Proclamation for National Health Center Week August 2th 2026 E. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORTS:
1. Several Reports were given.
F. ADJORN TO CLOSED SESSION:
8:18
G. RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED:
Councilmember Bautista left the closed session at 9:30
H. ADJOURMENT in memory of local departed
Andy Hernandez 62
Terresa R. Montez 62
Jose Castro Nunez 89
Sidney R. Lieb 87
Carlos Mendoza 76
Anthony Smokey Delerio 74
Respectfully Submitted By:
Can Ment
City Clerk
Dos Palos City Council Council
Special Meeting Minutes
5:00 pm Friday July24 2026
A: Call To Order: Mayor Katy Reed called a Regular Meeting of the Dos Palo City Council To order at 6:00 p.m.
Flag Salute. Councilmember Bravo
Invocation. Mayor Reed
D. Roll Call. City Clerk Tracy Mosby
ABSENT: Councilmember Pigg
E. Public Forum:
F. Consent Calendar
1. It was moved by Mayor Reed and seconded by Councilmember Porter to approve the Warrants for July 2026. The motion passed 4-0 as follows AYES: Mayor Reed, Councilmember Bravo, Porter, and Bautista NOES: None ABSENT: Councilmember Pigg G. 1. After discussion the City Council authorized the Director of Finance to transfer Funds for the August 5, 2026 payroll only.
Adjournment in memory of local departed: None
5:09
Respectfully Submitted By:
City Clerk
DOS PALOS CITY COUNCIL REGULAR MEETING MINUTES
Tuesday August 18, 2026
Closed Session 5:00 pm
Open Session 6:00 pm
A.CALL TO ORDER: Mayor Katy Reed called a regular Meeting of the Dos Palos City Council To order at 6:00 p.m. in the City County Building at 1554 Golden Gate Avenue in Dos Palos
1. Roll Call: by Interim City Manager Gordon Bonds
Adjourn to Closed Session.
1. Public Employment - Pursuant to Government Code 54957 Title: Review City Manager Applications
2. Conference with Labor Negotiators - Pursuant to Government Code 54957.8 City Representative: City Manager, Councilmember Armando Bravo Employee Organization: Miscellaneous Employees.
Councilmember Bravo, and Councilmember Bautista
3. Conference with Labor Negotiators - Pursuant to Government Code 54957.8 City Representative: City Manager, Mayor Katy Reed
Employee Organization: Police Officer's Association.
Mayor Katy Reed, and Councilmember Bravo
4. Conference with Labor Negotiators - Pursuant to Government Code 54957.8 City Representative: City Council
Employee Organization: Unrepresented Management Employees Councilmember Bravo, and Councilmember Porter
5. Conference with Legal Counsel - Pursuant to Government Code 54956.9 (d) (2)(e)(1)
Potential Litigation Two Matters
Reconvene into Open Session and Report from Closed Session at 5:53 pm
1. Flag Salute: by Councilmember Armando Bravo
2. Invocation: by Councilmember Thomas Pigg
3. Urgency Additions or Deletions:
It was moved by Councilmember Pigg, and seconded by councilmember Bravo To put items #3 CSJVRMA Transfer and item #4 unrepresented management employees contract on a future agenda.
4. Public Comment: No public comment
B. COMMENDATIONS, PRESENTATIONS, and PROCLAMATIONS.
C. CONSENT CALENDAR
1. It was moved by Councilmember Bautista and seconded by Councilmember Bravo to move the approval of the Warrants for August 2026 to the Special Meeting, the motion passed 4-Oas follows AYES: Mayor Reed, Councilmember Pigg, Bravo, and Bautista:
NOES None ABSENT: Councilmember Porter
2. It was moved by Councilmember Pigg and seconded by Councilmember Bautista to approve the prepaids of West America Bank the motion passed 4-0 as follows AYES:
Mayor Reed, Councilmember Pigg, Bravo, and Bautista NOES: none ABSENT:
Councilmember Porter
3. There was no approval for the minutes of the July 15, 2026 Special meeting, July 21, 2026 Regular meeting, and July 24, 2026 Special meeting.
4. It was moved by Councilmember Pigg and seconded by Councilmember Bautista tor deny claim #FR10384. Motion passed 4-0.
D. BUSINESS:
1. After a discussion a motion was made by Councilmember Bautista and seconded by Councilmember Bravo to Consider approving Syserco Energy Solutions Invoice #22027 for $146,074.90 for the Wastewater Plant Solar after a report from Garth he recommended the City withhold 10% till it is complete and pay 146,000 Motion passed on a 3-1 as follows AYES: Councilmember Pigg, Bravo, and Bautista NOES:
Mayor Reed ABSENT: Councilmember Porter
2. After discussion a motion was made by Councilmember Pigg and seconded by Councilmember Bravo to consider approving Syserco Energy Solutions Invoice #22083 for $343,731 for Police Department Solar after a report from Garth He recommended not paying the loan and to hold that payment to pay for the wastewater plant. Motion passed on a 3-1 as follows AYES: Councilmember Pigg, Bravo, and Bautista NOES: Mayor Reed ABSENT: Councilmember Porter
3. Discuss and approve the CSJVRMA payment in the amount of $300,026.00, transfer funds from chandler investment fund. Due to the Finance Direction not being present this item was tabled to a future Agenda.
4. Discuss and Consider approving the unrepresented Management employees contract for 2026/2027. This item was tabled to a future agenda.
5. After discussion a motion was made by Councilmember Bautista and seconded by Councilmember Bravo to waive the first reading. Motion carried 4-0. After discussion and public hearing, a motion to introduce Ordinance 453, and Ordinance of the City Council of the City of Dos Palos approving a zoning text amendment to the Dos Palos zoning code and approving of a prezone assessor's parcel number 014-010-14 and 014-010-015 to the mixed use (MU) district in anticipation of annexation, by Councilmember Bravo and a second by Councilmember Pigg. Motion carried 4-0.
E. CORRESPONDENCE, EVENTS, COUNCIL AND STAFF REPORTS:
Reports were given by staff.
F. ADJOURN TO CLOSED SESSION:
G. RECONVENED INTO OPEN SESSION AND REPORT FROM CLOSED SESSION:
H. ADJOURNMENT In memory of local departed: Motion by Bautista and Second by Bravo to adjourn the meeting at 7:23 pm Jose Gonzalez Mora 56 Jane Elizabeth Sturla 61
Ramona Rodriguz Morales 80
James Edward Ford Jr 48
Maria Luisa Corchado 82
Arturo Lozano Valenzuela 56
Kerry Leigh Bryant Herrera 66
Emeterio Cuevas 59
Respectfully Submitted By:
City Clerk
DOS PALOS CITY COUNCIL REGULAR MEETING MINUTES
Thursday, August 20th 2026
Open Session 6:00 p.m.
A. CALL TO ORDER: Mayor Reed called a Regular Meeting of the Dos Palos City Council To order at 6:00 p.m.
1. Roll Call: City Clerk Tracy Mosby called the roll finding Councilmembers
Present: Mayor Reed, Councilmember Pigg, Councilmember Bravo, Councilmember Bautista. ABSENT: Councilmember Porter.
B. ADJORN TO CLOSED SESSION:
C. RECONVENE INTO OPEN SESSION AND REPORT FROM CLOSED :
1. The Flag Salute by Councilmember Armando Bravo
2. The Invocation by Thomas Pigg
3. Urgency Additions or Deletions None
4. Public Comment None
D. COMMENDATIONS, PRESENTATTIONS, and PROCLAMATIONS.
None
E. CONSENT CALENDAR:
None
F. BUSINESS:
After discussion a motion was made by Councilmember Bravo and seconded by Councilmember Pigg to consider the Action Pursuant to Elections Code section 10229 to Appoint the only two candidates Laura Andrews and Brian Guerrero to the two open City Council seats in lieu of an election. The motion passed 4-1 as follows AYES: Mayor Reed Councilmember Pigg, Bravo and Bautista. NOES: None ABSENT: Coucilmember Porter.
G. CORRESPONDENCE, EVENTS, COUNCIL & STAFF REPORT:
None
H ADJOURMENT in memory of departed None
a motion was made by Councilmember Bravo and seconded
by Councilmember Bautista to ajourn the meeting at 6:09 Respectfully Submitted By: City Clerk
Dos Palos City Council
Special Meeting Minutes
5:30 pm, Wednesday August 26, 2026
6:00 pm Closed Session
Call To Order: Mayor Katy Reed called a Special Meeting of the Dos Palos City Council To order at 5:33 p.m. in the City County Building at 1554 Golden Gate Avenue in Dos Palos.
Roll Call. City Clerk Tracy Mosby
Absent: Councilmember Porter, Pigg
Flag Salute. Councilmember Armando Bravo
Invocation. No Invocation
4. Public Forum: At this time, anyone present may comment upon any city- related business item, which is not on this agenda. Please state your name and address for the record. Please be concise and avoid repetition. The mayor may limit you to one presentation not to exceed three minutes in length. State law now requires at least twice as much time be allotted to a member of the public who utilizes a non-English translator. Response is not required. Action, if necessary is limited to staff referral, or with special conditions, placement on a future agenda.
B. Consent Calendar
None
C. BUSINESS:
1. After discussion a motion was made by Councilmember Bautista and seconded by Councilmember Bravo to liquidate Chandler account in the amount of $275,000 and pay the CSJVRMA invoice in the amount of $302,026 minus $24,911.00 for ERMA coverage. Motion passed 2-1. follows AYES: Councilmember Bravo, and Bautista NOES:
Mayor Reed ABSENT: Councilmember Pigg and Councilmember Porter.
2. After discussion a motion was made Councilmember Bravo and second by Councilmember Bautista to pay the August 2025 warrants and to remove Ck #26700 to PG&E for the amount of $32,301.25, due to a credit we have in the amount of $7,671.46. The motion passed on a 3-0 as follows AYES: Mayor Reed, Councilmember Bravo and Councilmember Bautista NOES: none ABSENT: Councilmember Pigg and Councilmember Porter.
D. Adjourned to close session 6:30 pm
Respectfully Submitted by City clerk
Tracy Mosby
PRE-PAID WARRANTS - AUGUST 2026
CHECK # VENDOR DATE AMOUNT REIMBURSED BY:
26424 Premier Valley Bank 08/06/2026 14,658.92 Water Grant 26425 Quad Knopf 08/06/2026 48,698.82 Water Grant
26426 W.M. Lyles Company 08/06/2026 278,519.47 Water Grant 26736 Syserco Energy Solutions, Inc. 08/26/2026 138,386.74 Solar Project Account 26738 CSJVRMA- CIO Bickmore Risk Se 08/31/2026 275,035.00 26739 Pacific Gas & Electric 08/31/2026 1,193.63
$756,492.58
Warrant Listing - September 2026
Check No. Vendor Reimbursed by: Date Amount
ACH Bureau of Reclamation 09/16/2026 6,823.44
26749 AAA Business Supplies & Interiors 09/16/2026 1.43 26750 Amazon Capital Services 09/16/2026 43.60
26751 Aqua-Metric EPA Meter Grant 09/16/2026 21,292.59
26752 Lozano Smith Attorneys at Law 09/16/2026 551.00
26753 AutoZone, Inc. 09/16/2026 1,282.67
26754 Baker Supplies and Repairs 09/16/2026 38.06
26755 Bankcard Center 09/16/2026 90.00
26756 Boot Barn 09/16/2026 160.12
26757 California Building Standards Commission 09/16/2026 212.40 26758 Casey Moving Systems 09/16/2026 98.28
26759 Central California Irrigation 09/16/2026 18,825.00 26760 Cintas 09/16/2026 1,022.99
26761 CivicPlus LLC 09/16/2026 3,645.60
26762 Coleman Electric 09/16/2026 245.00
26763 Comcast 09/16/2026 1,039.74
26764 CSG Consultants, Inc. 09/16/2026 685.52
26765 Cyrun 09/16/2026 6,725.00
26766 Elan Financial Services 09/16/2026 742.13
26767 Elite Uniforms 09/16/2026 1,307.24
26768 FlexTG, LLC 09/16/2026 1,405.10
26769 Frasier Irrigation 09/16/2026 582.49
26770 Fresno Mobile Radio Inc. 09/16/2026 350.00
26771 Great America Financial Services 09/16/2026 698.21 26772 Harbor Freight Tools 09/16/2026 374.08
26773 Industrial Chem Labs & Services, INC. 09/16/2026 626.66 26774 Katen Pest Solutions 09/16/2026 355.00
26775 Kellogg Supply 09/16/2026 2,307.29
26776 La Luna Beauty Lounge 09/16/2026 76.63
26777 Gabriel A Delgado Law Office of 09/16/2026 5,765.02 26778 LC Action Police Supply 09/16/2026 7,305.25
26779 Liebert Cassidy Whitmore A Pro 09/16/2026 700.00
26780 Julio Lopez 09/16/2026 25.83
26781 Merced County Assn of Governm 09/16/2026 3,858.00 26782 Merced County Fire Dept. Measure S 09/16/2026 75,039.54 26783 Merced County Public Works 09/16/2026 545.20
26784 Microbac Laboratories, Inc. 09/16/2026 6,654.96
26785 Mid Valley Disposal 09/16/2026 65,656.81
26786 Mid Valley IT 09/16/2026 5,190.22
26787 Midway Community Water Distric 09/16/2026 8,352.51 26788 Kim Mirabal 09/16/2026 150.00
26789 N & S Tractor Co. 09/16/2026 43.39
26790 Northstar Chemical 09/16/2026 6,030.80
26791 Pacific Gas & Electric 09/16/2026 25,283.04
26792 Pegboard 09/16/2026 1,341.47
26793 Pitney Bowes 09/16/2026 217.43
26794 Pitney Bowes Bank INC. Reserve Account 09/16/2026 100.00 26795 PoliceNarratives.ai 09/16/2026 2,159.28
26796 Price Paige & Company CPA's, LLP 09/16/2026 3,285.00 26797 Quad Knopf 09/16/2026 2,587.63
26798 Rick's Smog Shop 09/16/2026 250.00
26799 Rincon Consultants, Inc. MCAG - Reap 09/16/2026 2,623.50 26800 San Luis & Delta Mendota Water 09/16/2026 18,964.88 26801 Santos Ford 09/16/2026 2.92
26802 Simplot Grower Solutions Firebaugh 09/16/2026 2,010.20 26803 SJVAPCD 09/16/2026 680.00
26804 Smile Business Products, Inc 09/16/2026 253.52
26805 Angelita Solis 09/16/2026 11.06
26806 South Dos Palos Water District 09/16/2026 4,531.94 26807 Springbrook Holding Company, LLC 09/16/2026 766.00 26808 Taylor ER Veterinary Emergency Hospital 09/16/2026 93.92 26809 The Hartford 09/16/2026 955.00
26810 The Westside Express 09/16/2026 40.00
26811 Toro Petroleum 09/16/2026 9,232.63
26812 Sarah Townsend 09/16/2026 5,000.00
26813 USABlue Book 09/16/2026 1,730.80
26814 Usalco 09/16/2026 13,976.81
26815 Utility Service Co., Inc 09/16/2026 12,258.32
26816 Valley Animal Hosptial 09/16/2026 320.60
26817 Verizon Wireless 09/16/2026 368.90
26818 Wastewater Disposal Joint Powe 09/16/2026 500.00
26819 Westamerica Bank 09/16/2026 1,503.84
Report Total (72 checks): 367,973.49
SECOND AMENDMENT TO
MUNICIPAL SOLID WASTE FRANCHISE AGREEMENT
This Amendment ("The Amendment") to the Municipal Solid Waste Franchise is made and entered on LC Grante" and rol be andy Partin the City of Dos Palos (Ciy) and Mid-Vally Disposal, WHEREAS, in 2022, City and Grantee entered into a Municipal Solid Waste Franchise Agreement ("The Agreement") for the exclusive right to provide solid waste and recycling services in City, which was amended in 2025 to include street sweeping services; and WHEREAS, City has requested to amend the Agreement to include franchise fees and Grantee has provided an updated rate schedule to include franchise fees; NOW, THERFORE, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT
1) EXHIBIT D to the Agreement shall be replaced in its entirety with ATTACHEMENT A to this Amendment.
2) The definition of Fee in EXHIBIT C, section R. shall be replaced with the following:
"FEE. "Fee" means the inclusive Fee schedule attached to this Agreement as Exhibit "D," which provides the Fees to be paid to Grantee by City in consideration of the Solid Waste Handling services provided by Grantee hereunder. Rates charged Customers by City may be higher than Fees paid Grantee in order to cover appropriate City costs. The Fee's in EXHIBIT D include a Franchise Fee of 17.0%.
3) Except as amended by this Amendment, all terms and conditions of the Franchise Agreement continue in full force and effect.
4) This Amendment to shall be effective on November 1, 2026.
CITY OF DOS PALOS MID-VALLEY DISPOSAL, LLC
Date: Date:
ATTACHMENT A TO SECOND AMENDMENT
EXHIBIT D - CONTRACTOS RATES
CITY OF DOS PALOS
Franchise Customer
RATES INCLUDE DISPOSAL & PROCESSING MVD Rate Fee Rate
RESIDENTIAL CUSTOMERS
3-96 CARTS (Blue,Grey, Green) $36.09 $7.39 $43.48
SENIOR 64GAL $31.96 $6.55 $38.51
STREET SWEEPING $5,415.43/MO N/A $3.15
COMMERCIAL TRASH
96G 1x per week $32.55 $6.67 $39.22
96G 2x per week $55.80 $11.43 $67.23
2 yard 1x per week $113.92 $23.33 $137.25
2 yard 2x per week $203.43 $41.67 $245.10
3 yard 1x per week $148.80 $30.48 $179.28
3 yard 2x per week $249.93 $51.19 $301.12
16 yard 1x per week $255.73 $52.38 $308.11
6 yard 2x per week $418.46 $85.71 $504.17
COMMERCIAL RECYCLE
96G 1x per week $11.63 $2.38 $14.01
96G 2x per week $23.25 $4.76 $28.01
3 yard 1x per week $68.57 $14.04 $82.61
3 yard 2x per week $126.70 $25.95 $152.65
6 yard 1x per week $112.75 $23.09 $135.84
6 yard 2x per week $210.39 $43.09 $253.48
COMMERCIAL ORGANICS
96G 1x per week $20.93 $4.29 $25.22
96G 2x per week $40.69 $8.33 $49.02
1.5 yard 1x per week $98.81 $20.24 $119.05
1.5 yard 2x per week $174.37 $35.71 $210.08
ADDITIONAL SERVICES
Cart Replacement fee for carts damaged by customer $75.56 $15.48 $91.04 Cart delivery fee for carts damaged by customer $34.87 $7.14 $42.01 Extra lift fee for container service $29.06 $5.95 $35.01 Contamination fee per cart - 2nd occurance $17.44 $3.57 $21.01 Contamination fee per cart - 3nd or more occurance $40.69 $8.33 $49.02 Extra lift fee per yard for overloaded containers $34.87 $7.14 $42.01 Contamination Fee per Yard $40.69 $8.33 $49.02
Go-back charge for residents who did not place the cart Out on and reco day mut be on ont of the special $23.25 $4.76 $28.01 cleanups $40.69 $8.33 $49.02
Locking bin monthly charge $156.92 $32.14 $189.06
Lock purchase (must be provided by collector) $34.87 $7.14 $42.01 one time locking conversion fee $261.55 $53.57 $315.12
ROLL OFF
Delivery $58.12 $11.90 $70.02
Service/Removal Charge $395.21 $80.95 $476.16
Rental after 7 days/per day $17.44 $3.57 $21.01
Tonnage Billed By Mid Valley/Per Ton $62.77 $12.86 $75.63
FRANCHISE AGREEMENT SECOND AMENDMENT
RESOLUTION 2026-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOS PALOS
APPOINTING BEN GALLEGOS AS THE CITY MANAGER AND APPROVING A
CITY MANAGER EMPLOYMENT AGREEMENT
WHEREAS, it is the desire of the City Council of the City of Dos Palos ("City Council") to employ an individual to serve in the position of City Manager, which position is prescribed by state law and the City's Municipal Code; and
WHEREAS, based on Ben Gallegos executive and administrative qualifications and ability, the City Council desires to employ him to serve as the City Manager for the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOS PALOS, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The recitals above are true and correct and incorporated herein by this reference.
Section 2. Salary and Benefits. Ben Gallegos is appointed to be the City Manager of the City of Dos Palos, with a start date of _ 2026 at an initial base salary of $188,000 annually. He will receive sick, vacation and holiday leave in the same manner as City Management Employees with an additional 80 days of administrative leave added thereto.
Notwithstanding the foregoing, he shall be provided full coverage of premiums for medical, dental and vision health insurance for him and his immediate family with no out of pocket costs.
Section 3. The Employment Agreement between the City and Ben Gallegos, which is attached hereto and incorporated in this staff report for this September 22, 2026 City Council meeting agenda item, is hereby approved. The Mayor is authorized to execute the employment agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED this 22nd day of September, 2026.
Mayor, Katy Reed
ATTEST:
City Clerk, Tracy Mosby
APPROVED AS TO FORM:
Phillip Hall, City Attorney
CITY OF DOS PALOS )
COUNTY OF MERCED
STATE OF CALIFORNIA )
→ City Clerk of the City of Dos Palos, California, do hereby certify that the foregoing Resolution No. was duly passed and adopted by the City Council of the City of Dos Palos at the regular meeting thereof, held on the 22nd day of September, 2026, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk, Tracy Mosby
CITY OF DOS PALOS
AT-WILL CITY MANAGER
EMPLOYMENT AGREEMENT
This AT-WILL CITY MANAGER EMPLOYMENT AGREEMENT ("Agreement") is entered into and made effective the 15th day of September, by and between the CITY OF DOS PALOS, a general law city and municipal corporation ("City") and Ben Gallegos, an individual
RECITALS
WHEREAS, it is the desire of the City Council of the City of Dos Palos (hereinafter the "City Council") to employ an individual to serve in the position of City Manager, which position is prescribed by state law and the City's Municipal Code; and WHEREAS, California Government Code Section 34852 provides that an ordinance establishing a city manager form of government shall define the powers and duties of the city manager; and
WHEREAS, the powers and duties of the city manager of the City are set forth the City's Municipal Code; and
WHEREAS, based on Employee's executive and administrative qualifications and ability, the City Council desires to employ Employee to serve as the city manager for the City; WHEREAS, Employee desires to perform and assume responsibility for the provision of city manager services to the City; and
WHEREAS, the parties wish to establish the terms and conditions of Employee's provision of city manager professional services to the City through this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Employee hereby agree as follows:
AGREEMENT
1.0 EMPLOYMENT & DUTIES
1.1 perform the functions and duties of the city manager, as specified in the job description attached hereto as Exhibit "A," the City's Municipal Code, and in the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Council shall, from time-to-time, direct or assign. Employee shall devote their best efforts 01225.0004 797198.9
Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of city manager will require Employee to generally observe normal business hours, as set by the City and may be duly revised from time-to-time (currently 8:00 a.m. to 5:00 p.m., Monday through Friday), and will also often require the performance of necessary services outside of normal business hours.
Notwithstanding the foregoing, the City will permit Employee such reasonable "time off" as is customary for exempt employees of the City, so long as the time off does not interfere with normal business. Employee's compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime.
Other Activities. Employee shall focus their professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of city manager.
Employment Status. Upon appointment to the city manager position, Employee shall serve at the will and pleasure of the City Council and understands that they shall be an "at-will" employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this Agreement, including any so-called due process pre-disciplinary "Skelly" hearing. The City may terminate Employee at any time in accordance with Section 3.4 below.
City Documents. All data, studies, reports and other documents prepared by Employee while performing their duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use.
All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of their duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.
Exclusion from Personnel System. Employee understands,
acknowledges and agrees that they are exempt from the City's personnel system and personnel rules.
2 1.7 FLSA Exempt Status. Employee agrees that their position is that of an exempt employee for the purposes of the Fair Labor Standards Act.
Council Commitments. Employee will be responsible to the City Council and will take official direction only when the Council is duly constituted. The City Council and its members will deal with the administrative services of the City only through Employee, except for the purpose of inquiring into the results of the operational activities. Any inquiring into the administration, policy or procedures of a department will be done through Employee; neither the City Council nor any members thereof shall give orders to any subordinates of Employee. No member of the City Council will order the appointment or removal of any person to any office or employment under the supervision and control of the position of city manager.
2.0 COMPENSATION AND REIMBURSEMENT
Compensation. For the services rendered pursuant to this Agreement, Employee's initial base annual compensation shall be One Hundred Eighty-eight Thousand Dollars ($188,000.00) annually ("Salary"), which shall be paid on a pro-rated basis at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers' compensation, and other payroll-related liability costs as determined by the City. In addition the Employee shall receive sick, vacation and holiday leave in the same manner as City Management Employees with an additional 80 days of administrative leave added thereto and they shall be provided full coverage of premiums for medical, dental and vision health insurance for him and his immediate family with no out of pocket costs.
2.2 Annual Salary Review. The City Council and Employee agree to conduct an annual salary review concurrently with the annual performance evaluation set forth in Section 5.2. Following the annual performance review, the City Council may increase the Employee's salary. Any action to approve an increase must be approved by a majority vote of the Council at an open public meeting. The City Council and/or the Employee reserve the right to defer or refuse any or all part of any base salary adjustment if either party determines that the fiscal state of the City warrants such action.
2.3 Cost of Living Adjustment. City agrees to provide a cost of living adjustment ("COLA") in Employee's base salary in a percentage equal to and effective at the same time as COLAs provided to all Management Employees of the City, beginning in the 2027 calendar year.
3.0 TERM
3.1 Commencement & Effective Date. Employee shall commence their services hereunder at 12:01 a.m. Pacific daylight savings time on , 2026 or such earlier date upon which the City Council and Employee may mutually agree, in either event such date will also be deemed the effective date of this Agreement ("Effective Date").
3.2 Term. This Agreement shall remain in effect from the Effective Date specified at Section 3.1 for a duration of three (3) years, with one (1) year guaranteed. 3 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City Council with at least ninety (90) days' advance written notice prior to the effective date of termination, unless a shorter period is acceptable to the City Council. In the event Employee terminates this Agreement, Employee expressly agrees that they shall not be entitled to any severance pay.
3.4 Termination by City. The City Council may terminate this Agreement at any time with or without cause, by providing written notice of the reasons(s). The City Council's right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the City's Personnel Rules or past City practices related to the employment, discipline or termination of the City's employees. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of city manager. Upon appointment to the city manager position, Employee remains an at-will employee serving at the pleasure of the City Council.
(a) Termination by City for Cause. The City Council may terminate this Agreement for cause at any time by providing Employee with five (5) business days' written notice of the termination for cause and the facts and grounds constituting such cause. In such event, City shall, if desired by Employee, afford Employee a public name-clearing hearing before Council. Request for a name clearing hearing shall be made to the City Clerk within seven (7) days of Employee's receipt of notice of termination. For purposes of this Agreement, the term "cause" shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Résumé fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law, 6) Corrupt or willful misconduct in office, 7) Violation of the City's anti- harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the City's Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City's Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassment or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction or policy decisions of the City Council, 12) Gross misfeasance or gross malfeasance, 13) "abuse of office or position" as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the lav under color of authority and crimes against public justice, including crimes involving bribery anc corruption), or 14) any similar cause. For any of the foregoing, the City may, in its discretion place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, then the City shall have no obligation to pay severance.
(b) Termination by City Council Without Cause. The City Council may terminate Employee at any time without cause but rather based upon management reasons, including but not limited to: (i) change of administration, or (ii) incompatibility of management styles. In the event Employee is terminated without cause, Employee expressly agrees that they 4 shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.
3.5 Waiver of Certain Discipline and Termination Rights. Employee expressly waives any rights afforded under City's personnel system or policies, and any rights afforded to Employee under the Municipal Code or under any State or Federal law, including Government Code §§ 54950 et seq. ("Brown Act"), to any form of pre- or post- discipline or termination hearing, appeal, or other administrative process pertaining to discipline o termination, except those rights Employee may have under the California or United State:
constitutions to a name-clearing hearing.
4.0 SEVERANCE
4.1 Severance Pay. Following the guaranteed first year, if the Council terminates Employee without cause after the first year of service, the City shall pay to Employee severance in an amount equal to their monthly base salary (as defined in Section 2 above, calculated on a per diem basis) then in effect multiplied by three (3), less applicable deductions and excluding deferred compensation or the value of any other benefits.
Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the three (3) months provided in this Section.)
4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Section 3.4(a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4.1 above.
4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard "Agreement of Separation, Severance, and General Release" attached hereto in form only as Exhibit "B."
5.0 PERFORMANCE EVALUATIONS
5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1.4 above), nor shall this Section 5.0 be 5 construed as requiring "cause" to terminate this Agreement, or the services of Employee hereunder.
5.2 Annual Evaluation. The City Council shall review and evaluate the performance of Employee annually in June of the first year of the term of this Agreement (i.e.
June 2027) and thereafter in July of each year beginning in July 2028. In addition, Employee shall submit for the City Council's consideration, by November of the year prior to the evaluation, Employee's proposed annual performance goals and objectives and incorporate the City Council's suggestions. Such review and evaluation shall be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 5.1 above.
5.3 Written Summary. The City Council may, at its sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process, and may, at its discretion, schedule at least one (1) closed personnel session with Employee to deliver and discuss the evaluation.
6.0 BENEFITS
6.1 Leaves. During the term of this Agreement, Employee shall accrue vacation, sick, management and floating holiday leave at the same rates as provided to the City's Management Employees. In addition, the Employee shall receive eighty (80) hours of administrative leave per year.
PERS. Employee is a "classic" member of CaPERS and shall continue to participate in the City's 2.7% at 55 formula. The employee contribution shall be paid by Employee.
6.3 Equivalent Benefits to Executive Management Employees. Except as specifically provided herein, Employee shall be entitled to the same benefits provided to the City's Management Employees. However, Employee shall not be eligible for any benefits provided to the Management Employees for which the position of City Manager is specifically excluded from eligibility.
7.0 PROFESSIONAL DEVELOPMENT
7.1 Membership. The City encourages Employee's continued professional development and shall provide payment of appropriate related costs for such activities, including membership in relevant professional organizations, as approved by the City Council.
Out-of-Town Meetings & Seminars. The City agrees to reimburse Employee the actual cost for registration, travel, lodging, meals, and other expenses incurred by Employee while attending overnight, out-of-town meetings or seminars related to her employment with the City, in accordance with the City's policies for expense reimbursement.
Moreover, to be eligible Employee must have budgeted funds available for same; provided, however, that the City Council may, in its sole discretion, approve such unbudgeted expenditures if it deems it in the best interests of the City.
6 7.3 Local Meetings & Seminars. The City agrees to reimburse Employee the actual cost of registration, meals, and other expenses necessarily incurred while in attendance at local meetings or seminars related to their employment with City in accordance with the City's policies for expense reimbursement.
8.0 BONDS AND INDEMNIFICATION
8.1 Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee's services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.
8.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee's services under this Agreement.
9.0 GENERAL PROVISIONS
9.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee's employment by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.
9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require approval by the affirmative vote of at least three (3) members of the Council in open session at a regular meeting of the Board.
9.3 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:
To City: To Employee:
City of Dos Palos
Attention: City Clerk [On file with Human Resources Dept.] Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 7 9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee's duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules. Whenever any potential conflict arises or may appear to arise, the obligation shall be on Employee to seek legal advice concerning whether such conflict exists and Employee's obligations arising therefrom.
9.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
9.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto.
Mandatory Government Code Provisions. Government Code §§ 53243 - 53243.4 require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of their office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (i) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.
Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. "Abuse of office or position" defined.
8 Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit "A".
9.9 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.
IN WITNESS WHEREOF, the City of Dos Palos has caused this Agreement to be igned and executed on its behalf by its Mayor, and duly attested by its officers thereunto dul uthorized. and Emplovee has signed and executed this Agreement, all in triplicat
CITY OF DOS PALOS
_, Mayor
ATTEST:
, City Clerk
APPROVED AS TO FORM:
Phillip Hall, City Attorney
EMPLOYEE
Ben Gallegos
9 EXHIBIT "A"
GOVERNMENT CODE SECTION 53243-53243.4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243.4. For purposes of this article, "abuse of office or position" means either of the following:
(a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67), Title 6 (commencing with Section 85), or Title 7 (commencing with Section 92) of Part 1 of the Penal Code. 01225.0004 797198.9
EXHIBIT "B"
AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the "AGREEMENT") is entered into by and between the City of Chino, a general law city and municipal corporation (hereinafter referred to as "THE CITY"), and Ben Gallegos, an individual (hereinafter referred to as "EMPLOYEE").
2. RECITALS
2.1. EMPLOYEE was hired by THE CITY as an at-will City Manager effective , 2026 serving at the pleasure of the City Council of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit "A" ("THE CONTRACT"). EMPLOYEE is currently _ years old.
2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE's voluntary separation as of _ This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE's employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.
2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE's post- employment rights, including but not limited to, EMPLOYEE's rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), the Employee Retirement Income Security Act of 1974 ("ERISA"), and the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").
CONSIDERATION
3.1 EMPLOYEE shall receive payment at the time of their voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.
3.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of and cents (S 00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE's home address via certified mail return receipt requested within thirty (30) business days after the EFFECTIVE DATE (as defined below) of this AGREEMENT.
01225.0004 797198 9
3.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE's spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them (hereinafter referred to as "THE CITY PARTIES"), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at anytime from the beginning of time up to and including (hereinafter referred to collectively as "CLAIMS), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law.
EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§12, 900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation.
4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER
ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the "ADEA") makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual's employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the "OWBPA," 29 U.S.C. § 626, et seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that they knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights they may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that they have been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
(a) This waiver/release is written in a manner understood by EMPLOYEE; 2 (b) EMPLOYEE is aware of, and/or has been advised of, their rights under the ADEA and OWBPA, and of the legal significance of their waiver of any possible claims they currently may have under the ADEA, OWBPA and/or similar age discrimination laws; EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights they may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of their own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that they should consult with an attorney prior to executing this AGREEMENT;
(f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, their counsel of choice, and that they do not need any additional time within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following their execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, "I hereby revoke my acceptance of our Agreement of Severance and General Release;" and This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE's execution ("EFFECTIVE DATE").
UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:
"General Release-Claims Extinguished"
"A general release does not extend to claims that the creditor or leasing party does not know or suspect to exist in his or her favor e time of executing the release and that. if known by him or he would have materially affected his or her settlement with the debtor or released party."
EMPLOYEE hereby waives the protection of California Civil Code section 1542.
WAIVER OF ADDITIONAL CLAIMS
3 EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.
REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:
7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.
7.2. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.
7.3. Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.
7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT.
This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.
7.5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.
7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities 4 sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE alet pur shat to the understands and agrees that they shall be exclusively liable for the payment of all taxes for which they are responsible, if any, as a result of their receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.
7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during their employment. Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.
7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of their employment with THE CITY.
7.9 No Pending Claims and/or Actions: EMPLOYEE represents that they have not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that they will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, they will request such agency or court to withdraw from the matter forthwith.
7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.
7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which that party may be entitled.
7.12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.
5 8. MISCELLANEOUS
8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.
8.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California
8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.
8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.
8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.
8.6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.
8.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.
8.8. Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.
8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by and addressed intered partied sales mari, orio. Notices shaiate decried, for al diposes, to, have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.
As to EMPLOYEE:
At EMPLOYEE's home address on file with THE CITY.
6 As to THE CITY:
City of Dos Palos
Attention: City Clerk
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, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.
DATED: EMPLOYEE
By:
Ben Gallegos
THE CITY
DATED: By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
By:
- City Attorney
[EMPLOYEE's LAW FIRM]
By:
[Counsel]
Customer #: 102016
55 SYSERCO 215 Fourier Ave Ste 140
FREE: 50100545 Fremont, CA 94539 Invoice #: 22083
Date: 07/31/26
Remit To: SYSERCO ENERGY SOLUTIONS, INC.
PO BOX 840877 Invoice Due Date: 08/30/26
LOS ANGELES, CA 90084-0877
610.498.1410 Job#: 4008EP23MU
[email protected] Job Name: City Of Dos Palos - IGA
Bill To: City of Dos Palos Job Address: 2174 Blossom Street 2174 Blossom Street Dos Palos, CA 93620
Dos Palos, CA 93620
Payment Terms: Net 30 days
Contract Amount % Amount
Descripticn Amount Provious complete This Period
Total Contract 5,551,581.00 4,854,678.50 93.98% 361,82281 Subtotal: 5,216,501.31
Retention: 260,825.07
Thank you for your business! Total Due This Involce: 343,731.67
CITY OF DOS PALOS
REQUEST FOR PAYMENT
DATE: 09-22-2026
Syserco Energy Solutions
MAILING ADDRESS:
[PO Box 840877
Los Angeles, Ca 90084-0877
Account Number Amount Description
10050-58100 $361,822.81 Solar Project - Police Department -36,182.28 10% Retention per engineer
Total $ 325,640.53
Alel
Approved by Department Head Authorized and Approved