City Council/Successor Agency/Public Finance Authority
Regular MeetingAvenal, CA · August 4, 2025
Minutes
AGENDA ITEM NO. 5.
– A.
CITY OF AVENAL
SPECIAL CITY COUNCIL MEETING AUGUST 4, 2025; 5:30 P.M.
AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA
MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: Led by Mayor Preciado at 5:37 p.m.
ROLL CALL: Councilmembers: Ricardo Verdugo, Pablo Hernandez, David Reynosa, Mayor Pro Tem M. Leticia
Gamez, Mayor Alvaro Preciado.
ABSENT: None.
CITY CLERK: Government Code Section 54952.3: The members of the City Council/Successor Agency are
entitled to receive a total of $450.00 per month because of being elected to the City Council. They receive no other
compensation for sitting as a member of Successor Agency.
STAFF PRESENT: Lopez, Price, Ortiz, Arellano.
PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:
Mayor Preciado opened Public Comment at 5:41 p.m.
Carlos Saldana expresses concern about the state of democracy and the wellbeing of the community, urging
individuals to prioritize constructive, respectful dialogue. He criticizes certain actions by local leaders, such as
collecting signatures for a petition in a biased manner and failing to be neutral. He also mentions an experience
where he was blocked from sharing a recall poster on the city’s Facebook page, which he views as censorship. This
incident strengthens his resolve to advocate for positive change in his community.
Dalila Barajas expressed concern that users were blocked from the City of Avenal’s Facebook page after posting a
recall flyer. She emphasized the importance of allowing residents to express both positive and negative views about
the city and stated that this falls under freedom of speech. She requested that any blocked individuals be unblocked
and suggested caution moving forward to avoid infringing on public dialogue.
The IT Manager Naranjo and City Manager Lopez clarified that the City of Avenal operates under a social media
policy, which is publicly available on the city’s website and Facebook “About” section key points from the policy:
The city’s social media channels are not public forums but moderated discussion spaces.
The purpose of the pages is to provide official updates and encourage respectful and constructive
engagement regarding city services, programs, and events.
The City reserves the right to remove or restrict content that violates these terms.
Users are encouraged to review the full policy and reach out with any questions.
Shelia Verdugo resident, 208 S Corcoran Ave. Mrs. Verdugo proposed a memorial or commemorative marker at the
outdoor event bandstand to honor Harlan G. Casida, who served the city as a teacher, coach, athletic director,
councilman, and city manager. Mrs. Verdugo highlighted Mr. Casida’s lasting impact on the community, especially
on local youth, and emphasized his values of service, education, and community spirit. She believes the bandstand is
a fitting location due to its connection with events he held dear. She offered support from herself, Councilman
Verdugo, and possibly other councilmembers in moving the tribute forward and noted the family would be happy to
assist with design and planning.
Mrs. Verdugo concluded that Mr. Casida exemplified the values of service, education, and community spirit, and
stated that the bandstand would be a meaningful location for the tribute, as it is closely tied to events such as
Pistachio Days and Cruise Nights, which he deeply valued. Mrs. Verdugo concluded and expressed her personal
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August 4, 2025 - Page 2 of 6
commitment to the project, along with support from Councilman Verdugo and potentially other councilmembers.
Mrs. Verdugo indicated that Mr. Casida’s family would be willing to assist with design ideas and planning.
Megan Gilbert expressed concern over the lack of mutual respect among community members. She pointed out the
hypocrisy of some individuals demanding respect while engaging in disrespectful behavior themselves specifically
citing incidents of people following others home while they are with their children and yelling obscenities without
provocation. Mrs. Gilbert acknowledged that going door-to-door to collect signatures for a recall is acceptable but
criticized individuals who become upset when others do the same. Mrs. Gilbert emphasized that it is unacceptable to
follow or harass anyone due to differences in opinion and stated she is disappointed by the way people are treating
each other. She concluded by saying she is done with the situation, referencing an incident on 208 West Side Street.
Veronica Aguirre raised concerns about potential hydrogen projects reportedly being planned within the City of
Avenal. She referenced comments made by the Mayor at the previous City Council meeting and expressed
frustration about the lack of transparency and public information surrounding these discussions. After conducting
her own research, Ms. Aguirre spoke with the CEO of a hydrogen company who claimed a project is planned within
city limits, despite there being no Environmental Impact Report (EIR), permits, or official documentation. She also
contacted the city’s planning consultant agency, who confirmed they had no information and requested that she
share any findings.
Mrs. Aguirre concluded by emphasizing the potential health, environmental, and safety risks associated with
hydrogen projects, particularly if pursued without proper public engagement and oversight. She cautioned against
corporations viewing the community as easily exploitable and stressed the need for a qualified, well-prepared fire
department to manage such high-risk developments. Mrs. Aguirre urged the Council to prioritize transparency,
community input, and responsible planning moving forward.
City Manager Lopez thanked Ms. Aguirre for her comments and acknowledged the validity of her concerns. He
clarified that any significant project, including hydrogen developments, would require extensive public input and a
thorough CEQA (California Environmental Quality Act) review. He stated that the company she spoke with is not
one the City has been in discussions with, noting that multiple organizations have expressed early interest due to the
gas pipeline running through Avenal. The City has had only preliminary discussions with a couple of entities and
has clearly communicated the need for transparent, public-facing processes if any project moves forward.
City Manager Lopez reaffirmed that the Mayor's previous mention of hydrogen was intended to initiate public
dialogue, not indicate a finalized project.
The City Council went into Closed Session at 6:05 p.m.
CLOSED SESSION: (City/Successor Agency):
It is the intent of this governing body to meet in closed session to review its position and to instruct its designated
representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session.
A. Personnel (Government Code §54957(b)).
Consider Public Employee Performance Evaluation for the Position of:
City Manager
Mayor reopened the regular City Council meeting at 7:20 p.m. with nothing to report out of Closed Session and
continued with the meeting.
NEW BUSINESS
A. Consider Entering into Fire Services Agreement with Kings County Fire Department for an Additional
Three (3) Years, FY 2025/26; 2026/27; & 2027/28 (Discussion/Action) Resolution 2025-38
Joint Meeting City Council/Successor Agency
August 4, 2025 - Page 3 of 6
City Manager Lopez reported to the City Council on the final draft of the Fire Services Agreement with Kings
County Fire, following Council’s direction from the June 12, 2025, meeting. Staff, in collaboration with the City
Attorney, submitted a revised agreement to the County that included:
Stronger protections for the City.
Expanded service and incident data reporting.
A request for more detailed property tax use explanations was rejected by the County.
The final draft agreement (Attachment A) covers a four-year term from July 1, 2024, to June 30, 2028. The City of
Avenal will continue receiving fire services under the 2-0 staffing model (Fire Captain and Engineer), with no
additional personnel or service enhancements beyond the prior year.
City Manager Lopez highlighted the significant cost increases, especially for FY 2025–26:
FY 2024–25 (retroactive): $450,000 direct payment, with an additional $25,000 owed
FY 2025–26: $1,096,310 direct cost – a 143.6% increase from the prior year
Annual increases thereafter are capped at approximately 5%, excluding COLAs
Total cost to the City over four years: Approximately $3.8 million
The report also included a new resolution amendment, ensuring that residents will be notified at least 30 days in
advance through appropriate public channels if the City intends to cancel or not renew the agreement.
City Manager Lopez recommended adoption of the agreement and amendment as presented. Two resolutions were
presented: 1) Primary Resolution: Approves the continuation of fire services under the updated terms; 2)
Amendment: Includes Council directed language requiring that prior to any formal notice of cancellation or non-
renewal of the agreement, the City will make reasonable efforts to notify the Avenal community at least 30 days in
advance using appropriate and available public channels. City Manager Lopez confirmed that the updated resolution
and amendment were published and distributed ahead of the meeting, in compliance with transparency requirements.
Councilman Verdugo stated “the challenges in the process over the past few months but expressed gratitude to the
county for their continued support in providing fire services. He emphasized the importance of notifying citizens in
the future before any decisions are made regarding the fire services contract, ensuring the community has a chance
to voice their opinions”. Councilman Verdugo concluded by expressing his support for approving the contract and
the amendment to the resolution as presented.
RESOLUTION 2025-38: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENAL
ENTERING INTO A FOUR (4) YEAR AGREEMENT WITH KINGS COUNTY FOR FIRE SERVICES
WITHIN THE CITY OF AVENAL AND, FURTHER, AUTHORIZE THE MAYOR TO SIGN AND
EXECUTE AGREEMENT ON BEHALF OF THE CITY. Councilman Verdugo motion to approve, seconded
by Councilman Reynosa and motion carried.
ROLL CALL VOTE:
AYES: Verdugo, Reynosa, Hernandez, Gamez, Preciado.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Mayor Preciado opened public time to comment at 7:20 p.m.
Dalila Barrajas is expressing concerns about the financial handling of fire department services. She believes there's
confusion around the budget allocation, specifically how the property tax and general funding are being reported and
combined. She suggests that the total costs, which seem to add up to $875,000 (from $425,000 and $450,000),
should be covered by Measure A funds, which were passed to help with emergencies and public services like fire
services. Mrs. Barajas points out that the Measure A tax, which brings in more revenue than initially estimated
Joint Meeting City Council/Successor Agency
August 4, 2025 - Page 4 of 6
($900,000 instead of $400,000–$500,000), should be used to cover fire services and other city needs. Mrs. Barajas I
conclusion feels that City Hall should be responsible for funding fire services rather than relying on external
contributions, noting that the county has been helpful, but it’s time for the city to pay its fair share. She believes the
funds from Measure A should be used properly for the benefit of the citizens.
Dalila Barajas, a resident, addressed the City Council with comments and questions regarding the financial reporting
of the Fire Services Agreement with Kings County. She expressed appreciation for the council’s efforts but raised
concerns about how the total cost of the agreement was being presented to the public. Mrs. Barajas noted the
following:
The estimated total cost of $1.5 million for fire services includes both the City’s general fund contribution
and property tax revenue, but she believes these should be shown separately for clarity.
She calculated that the City’s share—$425,000 (General Fund) plus $450,000 (property tax
portion)—totals approximately $875,000 and questioned the remaining balance in the $1.5 million figure.
She emphasized that Measure H, passed by voters to help fund public safety and other city services, was
intended to bridge this funding gap and is currently generating close to $900,000 annually, exceeding
original revenue projections.
Ms. Barajas argued that the City has a responsibility to fully fund fire services and noted that Kings County
has been more than fair in past contract negotiations.
She urged the City to utilize Measure H funds as intended—to support emergency services, infrastructure,
and community needs—and stated that now is the time to prioritize funding public safety appropriately.
City Manager Lopez responded by clarifying the cost breakdown:
The $1.096 million listed for FY 2025–26 represents the City’s direct contribution, not including property
tax.
The estimated property tax contribution is included in the total cost presentation to fully reflect the
County’s calculation of the station’s operating cost, which totals approximately $1.5 million.
He acknowledged that the County has stated they may reassess or withdraw property tax support in the
future, which is why staff believes it is important to recognize the full operational cost to the City.
City Manager Lopez added that the figures have been included in the council meeting packets and have also been
shared publicly online to ensure transparency.
Rita Wallace, resident of 1036 E Whitney St., asked for clarification on whether the City Council had officially
signed the fire services contract with Kings County. Ms. Wallace then questioned whether the City Council could
still reject the agreement if they were dissatisfied with any changes the County might propose. Ms. Wallace
expressed strong concern that failure to approve the contract would result in loss of life, holding the Council
accountable if public safety was jeopardized due to inaction. She stated: “If we don’t keep that fire department here,
we’re going to lose lives. And are you guys willing to pay for it? People will come after you if you don’t sign the
contract.” Mrs. Wallace also raised concerns about new water basins being installed along the Avenue cutoff,
suggesting they might be related to a hydrogen gas project.
City Manager Lopez explained that the Council approved the agreement as presented by the County, with no
additional changes, and the signed agreement would be sent back to the County before Thursday for their final
approval at their next meeting on August 14, 2025. He clarified that both parties must sign the agreement for it to be
finalized. City Manager Lopez responded that the County is not proposing any new changes; the version approved
by the Council reflects the County’s final proposal, and the current step is formal countersignature. City Manager
Lopez clarified that the basins are not related to any hydrogen projects, and that the issue was outside the scope of
the current meeting’s agenda.
Shelia Verdugo reiterated the importance of community engagement and transparency if the City ever revisits plan
to create its own local fire department. She emphasized:
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August 4, 2025 - Page 5 of 6
Any future departure from the Kings County Fire contract should be accompanied by adequate town halls,
public notice, and a fully developed plan.
The previous attempt at forming a fire department appeared to lack comprehensive planning.
If the City proceeds again, it must clearly present how it will fund, staff, train, and sustain its own fire
services.
Mrs. Verdugo requested detailed public presentations, not just social media posts, to ensure the community can
understand, ask questions, and provide input.
City Manager Lopez responding to Mrs. Verdugo’s question on contract costs. City Manager Lopez clarified the
breakdown of the fire services agreement with Kings County Fire, using the FY 2025–26 budget figures as an
example:
Direct payment by the City (General Fund): $1,096,310
Estimated County contribution (via property tax revenue): $432,799
Total estimated cost of fire services: $1,529,110
Key clarifications included:
The City is only paying the first line the General Fund amount.
The property tax line represents revenue already allocated by the County, not a direct cost to the City.
However, the County has indicated they could redirect that property tax revenue in the future, which is why
it's noted in total cost projections.
For now, the contract locks in the City’s costs for the next three years, and there is no expectation that the
County will withdraw its property tax support.
City Manager Lopez noted that including total cost figures helps demonstrate the full value of fire services and
encourages fiscal awareness and long term planning in the event external funding changes.
Mayor Preciado addressed public concerns and clarified that Measure A is not a special tax measure, but a general
tax measure. Under California law, a special tax must be spent only on the specific uses listed in the ballot measure.
In contrast, a general tax, like Measure A, allows funds to be used for a broader range of general government
services. The measure identified intentions to support services such as police, fire, animal services, streets, and
beautification projects, but it is not legally restricted to those areas. Preciado reiterated that the intent of Measure A
was to help supplement city services not to fund 100% of any one department.
City Attorney Moses Diaz further explained the following: Measure A was approved as a general fund revenue
measure. Although the voter materials reference public safety and infrastructure, the funds are not legally bound to
any one use. This flexibility allows the city to adapt spending based on evolving community needs, as determined by
the City Council.
Dalila Barajas, resident, referred to the original Measure A ballot language and campaign materials, pointing out:
The measure clearly listed public safety, animal control, street repair, and other local services as targeted
areas.
She questioned why, in her view, there appears to be imbalance in allocation, with police receiving a larger
share, while animal control and street maintenance remain underfunded.
Barajas expressed that, considering the fire services cost, Measure A should be helping offset fire service
costs.
She reminded the Council that residents supported the measure during difficult post-COVID recovery years
and expect the city to honor the stated uses.
Mayor Preciado responded by sharing background on the fire services negotiations:
The County had consistently communicated that fire service costs would be around $1.5M to $1.6M.
Early negotiations included Chief Flores and Kyria Martinez, County Administrative Officer.
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August 4, 2025 - Page 6 of 6
The City made efforts to negotiate cost reductions, but the County rejected changes to key terms, including
data sharing and cost allocation.
The current agreement, as approved by the City Council, will now go to the County for final approval.
Chief John Chamberlin addressed the Council and public with key clarifications and acknowledgments:
He thanked the Council for moving forward with the contract approval.
Noted that Avenal, like other jurisdictions, is facing higher costs due to countywide operational needs —
total fire department operations run around $21 million.
He clarified that Avenal receives certain unique financial considerations, including:
o A waiver of $150,000+ in overhead costs (e.g., administration, chief salaries).
o No fire inspection fees charged to businesses in Avenal.
o The County absorbs costs related to equipment depreciation, station maintenance, and workers’
compensation.
Chief Chamberlin reported regarding data/reporting requests, he explained:
Some contract language changes were necessary due to federal data protection laws (e.g., HIPAA).
Incident data involving personal identifiers or private addresses cannot be shared as originally requested.
Chamberlin emphasized his openness to communication, offering his availability to clarify information or
resolve concerns.
Mayor Pro Tem Leticia Gamez stated "Hello, good afternoon. I have something I’d like to say in front of everyone
here today. I’ll be reading it to make sure I don’t leave anything out. I understand that there are differences of
opinion on certain issues, and that’s okay. What’s not okay and what I find deeply disrespectful, disgusting, and
disappointing is the way some members of our community have chosen to express those opinions. I’ve been a part
of this community for over 16 years. I’ve made a home here. My children attend school here. I work here. I know
many of you. However, there are people who do not know me, and I do not know them who have approached me in
front of children and elderly residents, using foul and inappropriate language. I don’t deserve that. I ran for City
Council to make a difference. Yet recently, people have been following me, parking in front of my house, and just
sitting there, watching me and my children making me fear for our safety. While I was having a simple conversation
with a neighbor an elderly woman these same individuals began shouting foul language, not only at me, but in a way
that made her feel unsafe as well. That’s what I needed to say. Thank you."
ADJOURNMENT.
There being no further business, the City Council meeting was adjourned at 7:55 p.m.
Respectfully Submitted,
_________________//s//
Maria Ortiz, City Clerk
Agenda
CITY OF AVENAL
“Pistachio Capital of the World®”
SPECIAL CITY COUNCIL MEETING
AUGUST 4, 2025; 5:30 P.M.
AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST.,
AVENAL, CA
VIA ZOOM VIDEO/WEB CONFERENCING:
Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488
Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.
LAST ORDINANCE: 2025-01 CITY LAST RESOLUTION: 2025-38
(SA) LAST RESOLUTION: 2025-01 PFA LAST RESOLUTION: 2025-01
AGENDA
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:
2. ROLL CALL: Councilmembers: Ricardo Verdugo, David Reynosa, Pablo Hernandez, Mayor Pro Tem, M.
Leticia Gamez; Mayor, Alvaro Preciado.
CITY CLERK:
Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $450.00 per
month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.
3. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:
This time is reserved for members of the audience to address the City Council on items of interest that are not on the Agenda and are
within the subject matter jurisdiction of the City Council/Successor Agency. State Law prohibits any member of the Council from
commenting or acting on matters not on the agenda. The Council asks that you keep your comments concise and positive. Creative
criticism, presented with appropriate courtesy, is welcome. Each speaker will be allowed three minutes, and a timer will notify you when
your time is expired. Please begin your comments by stating and providing your place of residence.
4. CLOSED SESSION: (City/Successor Agency):
It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may
directly address the Council/Agency at this time on items of interest regarding Closed Session.
A. Personnel (Government Code §54957(b)).
Consider Public Employee Performance Evaluation for the Position of:
City Manager
5. NEW BUSINESS
A. Consider Entering into Fire Services Agreement with Kings County Fire Department for an Additional Three (3)
Years, FY 2025/26; 2026/27; & 2027/28 (Discussion/Action) Resolution 2025-39.
ADJOURNMENT:
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact
the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. Notification 48
hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR
35.02.35.1044 AA Title II].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are
available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.
I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater
233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on
August 2, 2025.
/s/ Maria Ortiz
Maria Ortiz, City Clerk
August 4, 2025 Pg. 1
AGENDA ITEM NO. 5. A
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
TO: The Honorable Mayor and City Council
FROM: Antony V. López
DATE: August 4, 2025
RE: Consider Entering into Fire Services Agreement with Kings County Fire Department for
an Additional Three (3) Years, FY 2025/26; 2026/27; & 2027/28.
INFORMATION:
Kings County Fire Department has provided fire services to the City of Avenal for many years. In early
2012, to continue receiving the same level of service, by agreement, the City began to fund a portion of
fire service costs to assist the County in covering the full cost service within the City. The City has
remained a funding contributor since that time.
Historically, the County has acknowledged the City’s limited fiscal capacity and accepted a reduced
contribution compared to the full cost of service, allowing Avenal to maintain fire services at a subsidized
rate.
Throughout the past several months, City and County staff have engaged in ongoing negotiations to
develop a longer-term fire services agreement. Past agreements offered discounted rates that considered
the City’s property tax contributions and lower call volume toward funding the County fire services.
Recent discussions also included variations between a two-person (2-0) and three-person (3-0) staffed
station, with proposals that in effect priced both models.
The proposed agreement is, essentially the same agreement and format as in prior years. Here are the past
historical funding amounts:
Prior Years:
FY 2013/14: $280,000 FY 2020/21: $400,000
FY 2014/15: $290,000 FY 2021/22: $400,000
FY 2015/16: $270,000 FY 2022/23: $400,000
FY 2016/17: $280,000 FY 2023/24: $425,000
FY 2018/19: $290,000 FY 2024/25: $450,000
FY 2019/20: $365,000
CURRENT AGREEMENT STRUCTURE:
Per Council’s request at the June 12, 2025 City Council meeting, Staff and the City Attorney sent the County a
revised draft of the agreement, that included detailed language for protections to the City and reporting more
service/incident data to the City (redline version included as Attachment B). A request regarding a more
detailed explanation to the use of property taxes towards fire services, was rejected.
The current draft of the agreement (included as Attachment A) as returned by the County, outlines a four-year
term for fire services from July 1, 2024 through June 30, 2028, with significant cost increases beginning in the
upcoming fiscal year. The agreement backdates FY 2024– 25 at a rate of $450,000 and scales up to over $1.15
million annually (for the past Fiscal Year (2024/2025) the City would need to contribute an additional $25,000
remaining). While prior agreements included a discounted rate acknowledging the City’s property tax
contribution and mutual aid in the area, this new agreement requires the City to absorb 100% of the station’s
cost — both the direct payment, in addition to the portion already attributed from estimated property taxes.
1
August 4, 2025 Pg. 2
AGENDA ITEM NO. 5. A
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Below is a breakdown of cost obligations:
City MOU Est. Property Tax
(Direct Payment Contribution
from General (Not paid directly Total Expense
Fiscal Year Fund) by City) (Actual Cost)
FY 2024–25 $450,000 $424,313 $1,491,814
FY 2025–26 $1,096,310 $432,799 $1,529,110
FY 2026–27 $1,125,882 $441,455 $1,567,337
FY 2027–28 $1,156,236 $450,284 $1,606,521
From FY 2024–25 to FY 2025–26, the City's direct cost increases from $450,000 to a total of $1,096,310
— a jump of $646,310, or approximately 143.6% in one year. This increase comes with no additional
staffing, station expansion, or service enhancements beyond what existed in FY 2023–24. The station will
continue to operate under a 2-0 model (Fire Captain and Engineer).
Annual increases thereafter are fixed at approximately 5% per year, excluding any additional cost-of-
living adjustments (COLAs) that may be negotiated separately between Kings County and the Fire Union.
The agreement essentially locks in pricing to the City for FY 2025–26 through FY 2027–28.
FISCAL IMPACT:
Cost for Fires Services, taken from 1010000 - PUBLIC SAFETY account:
FY 2024–25 $450,000
FY 2025–26 $1,096,310
FY 2026–27 $1,125,882
FY 2027–28 $1,156,236
This four-year agreement would result in a total general fund impact of approximately $3.83
million in direct payments to the County, with no relief for any grants, mutual aid or other
contributions that the County may receive. While fire services remain a critical public function, the
agreement marks a substantial and ongoing fiscal obligation for the City.
RECOMMENDATION:
By Resolution, enter into an Agreement for County Fire Services within the City of Avenal, as
presented in Attachment A, for FY 2025/26; 2026/27; & 2027/28; and authorize the Mayor to sign
and execute said agreement on behalf of the City.
2
August 4, 2025 Pg. 3
AGENDA ITEM NO. 9. B
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION OF THE CITY COUNCIL COUNCIL RESOLUTION 2025-_39_
OF THE CITY OF AVENAL ENTERING
INTO A FOUR (4) YEAR AGREEMENT
WITH KINGS COUNTY FOR FIRE
SERVICES WITHIN THE CITY OF AVENAL
AND, FURTHER, AUTHORIZE THE
MAYOR TO SIGN AND EXECUTE
AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the Kings County Fire Department has provided fire and emergency services for
the City of Avenal for many years; and
WHEREAS, the city desires to continue the same level of service to ensure the health, safety,
and welfare of the community; and
WHEREAS, it is in the best interest of the City of Avenal to enter into a Fire Services Agreement
with Kings County for a term of four (4) year, July 1, 2024 - June 30, 2028.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Avenal does
hereby authorize the mayor to sign and execute an "Agreement for County Fire Services within the City
of Avenal" (Attachment A) for a term of four (4) year retroactively commencing on July 1, 2024.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED, APPROVED,AND
ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL SPECIAL MEETING HELD ON
AUGUST 4, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor MARIA A. ORTIZ, City Clerk
CITY OF AVENAL CITY OF AVENAL
2
August 4, 2025 Pg. 4
AGENDA ITEM NO. 9. B
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION OF THE CITY COUNCIL COUNCIL RESOLUTION 2025-_39_
OF THE CITY OF AVENAL ENTERING
INTO A FOUR (4) YEAR AGREEMENT
WITH KINGS COUNTY FOR FIRE
SERVICES WITHIN THE CITY OF AVENAL
AND, FURTHER, AUTHORIZE THE
MAYOR TO SIGN AND EXECUTE
AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the Kings County Fire Department has provided fire and emergency services for
the City of Avenal for many years; and
WHEREAS, the city desires to continue the same level of service to ensure the health, safety,
and welfare of the community; and
WHEREAS, it is in the best interest of the City of Avenal to enter into a Fire Services Agreement
with Kings County for a term of four (4) year, July 1, 2024 - June 30, 2028.
WHEREAS, prior to issuing any formal notice of cancellation or non-renewal of the fire services
agreement, the City intends to make reasonable efforts to notify the Avenal community at least thirty
(30) days in advance through appropriate and available channels
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Avenal does
hereby authorize the mayor to sign and execute an "Agreement for County Fire Services within the City
of Avenal" (Attachment A) for a term of four (4) year retroactively commencing on July 1, 2024.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED, APPROVED,AND
ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL SPECIAL MEETING HELD ON
AUGUST 4, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor MARIA A. ORTIZ, City Clerk
CITY OF AVENAL CITY OF AVENAL
2
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL Hereby:
1. Found the Recitals above are found to be true and correct.
2. Hereby authorizes the Mayor to enter into an agreement with County of Kings to provide Fire
Protection Services to the City of Avenal, and the City to provide direct payments from the City’s
General Fund payment amount up to:
FY 2024–25 $450,000
FY 2025–26 $1,096,310
FY 2026–27 $1,125,882
FY 2027–28 $1,156,236
in line with the terms of the agreement.
3. Authorized the Mayor to sign and execute said agreement included as Attachment A.
4. Authorized the City Manager and relevant City staff to carry out the terms and conditions of this
resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental
thereto.
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
August 4, 2025 Pg. 5
ATTACHMENT A
AGREEMENT FOR
COUNTY FIRE SERVICES
WITHIN THE CITY OF AVENAL
THIS AGREEMENT (“Agreement”) is made and entered into and effective this
24th day of June 2025, by and between the County of Kings, a political subdivision of
the State of California (“County”) and the City of Avenal, a California municipal
corporation (“City”), upon the following terms and conditions.
RECITALS
A. The County and the City have for many years enjoyed a relationship
whereby the County provides fire services within the incorporated areas of the City of
Avenal.
B. This Agreement supersedes any prior agreement relating to fire services
provided by the County to the City and establishes a comprehensive four-year service
arrangement with defined compensation, responsibilities, and performance standards.
C. The City recognizes that providing fire services within City boundaries
requires significant County resources, including personnel, equipment, facilities,
administrative support, and assumption of service-related liabilities, the City therefore
agrees to provide additional compensation to the County as set forth in this Agreement.
D. Under this Agreement, the County will provide fire services including two
full-time fire staff positions (Fire Captain, Fire Apparatus Engineer), operational
expenses for the fire station, and administrative and operational support staff, with
compensation increasing over successive years.
E. The County will maintain operational control over all aspects of fire service
delivery by its personnel, including personnel management, discipline, service standards,
and operational procedures, while ensuing that services levels do not fall below those
provided during the 2023-2024 fiscal year.
F. In order to confirm the details of this contractual relationship and establish
clear rights, responsibilities, and compensation arrangements for the provision of fire
services by the County within the incorporated areas of the City, the County and City
enter into this Agreement as set forth, below.
1. POWERS AND DUTIES OF COUNTY.
A. Enforcement Responsibilities. The Fire Chief of the County of Kings shall
enforce State and City statutes and ordinances relating to fire prevention and protection,
August 4, 2025 Pg. 6
including enforcement of laws pertaining to illegal fireworks, and shall provide services
for emergency medical response, rescues, hazardous materials responses, and fire
investigation functions within the City’s boundaries, but only to the extent that the Fire
Chief performs the same or substantially similar services in the County. The Fire Chief
shall not be required to assume any other enforcement duty or function not consistent
with those customarily performed by the Fire Chief under County customs, ordinances,
and statutes of the State of California.
B. Resources. Except in regards to stationery supplies and forms which must
be issued in the name of the City, the County shall furnish all labor, supervision,
equipment, facilities, and supplies necessary to maintain a level of services meeting the
minimum requirements agreed to between City and County. The County shall not reduce
said level of resources and services below that which was provided during the 2023-2024
fiscal year. In all instances where special supplies, stationery, notices, forms, and the like
must be issued in the name of the City, the same shall be supplied by the City at its own
cost and expense.
The County and the City shall retain exclusive ownership of all equipment, vehicles,
supplies, and other tangible property that such party purchases or otherwise acquires
using its own funds for the purpose of performing its respective obligations under this
Agreement. Upon termination or expiration of this Agreement, each party may dispose of
its owned property through sale, transfer, or other disposition without restriction. Neither
party shall acquire any ownership interest in property purchased or owned by the other
party, regardless of whether such property is used in the performance of services under
this Agreement.
Notwithstanding the foregoing, if the County provides notice of cost overruns pursuant to
Section 2.C and the parties are unable to reach agreement on appropriate compensation
adjustments within the timeframes specified in Section 2.C, the County’s obligation to
maintain the specified level of resources and services shall be suspended until such time
as adequate compensation arrangements are established or this Agreement is terminated
in accordance with Section 3.
C. Municipal Agency. For the sole purpose of performing services and
functions pursuant to this Agreement, and only for the purpose of giving official status to
the performance thereof, the Fire Chief of the Kings County Fire Department, and the
officials, officers, employees, and volunteers of the County Fire Department, shall
exercise within the City all of the powers and duties conferred upon a city fire chief and
city fire department personnel, and, subject to the limitations set forth in paragraph 1.E
below, every County officer, employee, and volunteer engaged in performing any such
service and function shall be deemed to be an officer, employee, or volunteer of the City
while performing services and functions for the City to the extent such services and
functions are within the scope of this Agreement and are municipal functions.
2
August 4, 2025 Pg. 7
D. Control of Services. The rendition of such services, the standards of
performance, the discipline of officers, employees, and volunteers, and other matters
incident to the performance of such services, and the control of personnel so employed,
shall remain with the County; provided, however, that, if in the judgment of the City
Manager or City Council, any Fire Department officer, employee, or volunteer assigned
to duty under this Agreement is not satisfactory to the City, the City Manager may so
notify the Fire Chief in writing and within thirty (30) days of receipt of such a written
notification, the Fire Chief shall respond in writing thereto.
E. Personnel. All persons employed in the performance of such services and
functions as contemplated by this Agreement shall be County employees or volunteers,
and no person employed hereunder shall have any rights to any City benefit, pension,
civil service, status, or right of employment.
(1) City shall not be called upon to assume any liability for the direct
payment of any salaries, wages, or other compensation to any County personnel
performing services hereunder for the City.
(2) County shall be solely responsible for the payment of any salaries,
wages, and compensation of, or indemnity for, injury or sickness arising out of
said employment or volunteer relationship.
(2) City shall not be liable for compensation of or indemnity to any
County officer, employee, or volunteer for injury or sickness arising out of such
employment.
F. Citizen Complaints. All citizen complaints from City residents regarding
services provided pursuant to this Agreement shall be investigated and resolved by the
County through its normal review procedures. City acknowledges that any complaint
review and investigation is a confidential personnel matter the results of which shall only
be disclosed according to County policy and applicable law.
G. Service Reports. The City Manager, upon request, shall have access to
reports and applicable County records, or unrestricted portions thereof, pertaining
specifically to fire suppression and prevention services provided under this Agreement
within the City, subject to all applicable local, state and federal laws. Such access shall
explicitly exclude any medical records, patient information, or other data protected under
the Health Insurance Portability and Accountability Act (HIPAA) and related privacy
regulations. Access shall be limited to operation, administrative, and incident reports
related to fire suppression and prevention activities that are not otherwise restricted by
law. Further, the Fire Chief or the Fire Chief’s designated representative upon request
shall attend regular City Council meetings and shall be prepared to respond to questions
by the City Council regarding the services provided pursuant to this Agreement. Reports
to be automatically provided to the Office of the City Manager under this Agreement,
without the need for any City request, shall include the following which must be provided
3
August 4, 2025 Pg. 8
within ten (10) business days after the end of each calendar month, in a manner that
complies with all applicable local, state, and federal laws. In the event that circumstances
beyond the County’s reasonable control prevent timely delivery within the specified
timeframe, the County may request additional time as necessary, provided that written
notice (including email) of such delay and the anticipated delivery date is provided to the
City Manager within the original ten (10) business day period.
i. Incident Tracking: A report disclosing instances when County personnel assigned
to Avenal responded to incidents outside the city limits of Avenal, including the
general location and nature of such responses. The report shall identify when
move-up personnel or alternative coverage arrangements were implemented to
maintain fire protection services within Avenal during such deployments. The
County acknowledges that Avenal is designated as a core station and commits to
making every reasonable effort to provide immediate coverage when assigned
crews become committed to incidents outside the city boundaries.
ii. Service Report: County must submit copies of incident and service reports for
Avenal-related responses to the Office of the City Manager, limited to those
reports or portions thereof that are allowable under applicable local, state, and
federal law and that are not subject to confidentiality restrictions. Such
submission shall exclude any reports, records, or portions thereof that contain
medical information, patient data, or other materials subject to non-disclosure
requirements under the Health Insurance Portability and Accountability Act
(HIPAA) or other applicable privacy regulations. Only unrestricted reports and
unrestricted portions of reports that do not violate confidentiality or privacy laws
shall be provided under this requirement.
iii. Monthly Incident Reports: County must provide a monthly general call log report
for all incidents within Avenal city limits wherein County provided services under
this Agreement. The call log shall include the date, time, incident type or
category, and location of each response or service call, along with corresponding
response times. The report shall also include documentation of any canceled calls
within the city limits during the reporting period.
iv. Structure Fire Detail Reports:
For each structure fire within Avenal city limits, a report which includes each and
all of the following:
a. Type of structure involved;
b. Time the service call was received by the dispatcher and also the relevant
fire personnel within Avenal;
c. Time when County accomplished control over the fire;
d. Number of fire engines and personnel dispatched to the fire; and
e. Initial response time and total duration at the incident scene.
4
August 4, 2025 Pg. 9
H. ISO Compliance Review: County shall provide the current Insurance
Services Office (ISO) rating for the City of Avenal and shall furnish any updated ISO
reports or rating changes to the City Manager as they become available. The County
acknowledges that ISO conducts community reviews on a five to seven-year cycle for
insurance rate assessment purposes, and annual reviews are not available through the ISO
system. All ISO ratings and reports provided under this provision shall be made
available to the public for transparency with Avenal residents.
2. CONSIDERATION – CITY’S ANNUAL OBLIGATION.
A. The City shall pay to the County the following amounts for the term of the
agreement which includes two full-time fire staff (Fire Captain, Fire
Apparatus Engineer) (commonly referred to as 2-0 staffing), operational
expenses for the fire station, and administrative and operational support
staff:
• FY24/25: $450,000.00
• FY25/26: $1,096,310.28
• FY26/27: $1,125,882.00
• FY27/28: $1,156,236.36
B. The City shall pay the above annual sum in equal quarterly installment
payments, which shall be due on September 30th, December 31st, March
31st, and June 30th of the Fiscal Year. In the event that compensation is
adjusted pursuant to Section 2.C during a fiscal year, the adjusted quarterly
payments shall take effect beginning with the next quarterly payment due
date following execution of the written amendment, with any retroactive
adjustments to be paid within thirty (30) days of such amendment.
C. In the event that the County’s Actual costs for providing fire services to the
City in any fiscal year exceed the annual compensation amount specified in
Section 2.A by more than ten percent (10%), the County may provide
written notice to the City documenting such cost overrun within sixty (60)
days after the end of the applicable fiscal year. Upon receipt of such notice,
the City Manager and the County Administrative Officer shall meet within
thirty (30) days to review in good faith the documented cost increases and
their underlying causes. The parties shall work collaboratively to identify
whether such cost increases result from factors including but not limited to
inflation exceeding anticipated levels, changes in labor costs, increased
insurance or workers’ compensation expenses, regulatory compliance
requirements, or enhanced service demands. If the parties determine that
the cost increases are reasonable and necessary for maintaining the agreed-
upon level of services, thy shall negotiate in good faith regarding an
appropriate adjustment to the compensation amount for the remainder of
the Agreement term. Any compensation adjustment agreed upon by the
parties shall be memorialized through a written amendment to this
5
August 4, 2025 Pg. 10
Agreement executed in accordance with Section 5.I. The County’s
obligation to continue providing services during the negotiation period shall
not be affected, provided that such negotiations are concluded within ninety
(90) days after the initial meeting.
3. TERM OF THE AGREEMENT.
The County will provide fire services to the City under this Agreement for a
period of four (4) years, which shall commence on July 1, 2024, unless terminated by
either party.
Either party may terminate this Agreement without cause upon no less than six (6)
months written notice. A party may terminate this Agreement for cause, effective
immediately, upon written notice. Written notice of termination of this Agreement must
be given to the other party by personal delivery or registered mail as set forth below.
Upon termination, the City shall be responsible for any and all unpaid amounts
owed to the County for fire services performed up to and including the date of
termination. Such payments shall be due to the County no later than thirty (30) days after
the date of termination.
Either party’s inability or unwillingness to negotiate in good faith regarding cost
adjustments under Section 2.C may constitute grounds for termination for cause under
this section.
4. INDEMNIFICATION.
The County shall indemnify, defend, and hold the City, its officers, agents, and
employees, harmless from loss, damage, or injury to any person or property, or for reason
of anything done, permitted to be done, or omitted to be done by Fire Department
personnel in providing or failing to provide fire suppression and prevention services to
the City or caused by the gross negligence or intentional misconduct of Fire Department
personnel in providing or failing to provide fire suppression and prevention services to
the City.
5. MISCELLANEOUS PROVISIONS.
A. Interpretation. This Agreement shall be interpreted in accordance with the
laws of the State of California. It is expressly agreed and understood that the rule stated
in Civil Code Section 1654, that ambiguities in a contract should be construed against the
drafter, shall have no application to the interpretation of this Agreement.
B. Severability. If any provision of this Agreement is found to be unenforceable,
the remainder shall be enforced as fully as possible, and the unenforceable provision shall
6
August 4, 2025 Pg. 11
be deemed modified to the limited extent required to permit enforcement of the Agreement
as a whole.
C. Entire Agreement. This Agreement, including its Recitals and any exhibits,
which are fully incorporated into and are integral parts of this Agreement, constitutes the
entire agreement between the parties and there are no inducements, promises, terms,
conditions, or obligations made or entered into by the County or City other than those
contained herein.
D. Good Faith Negotiation. The parties will use their best efforts in good faith
to cooperate in fulfilling the terms of this Agreement. Should a dispute arise between the
parties regarding administration of this Agreement or the services to be provided
hereunder, the Administrative Officer of the County and City Manager of City, shall meet
in an attempt to resolve the issue. Cost overrun disputes shall be addressed exclusively
through the procedures established in Section 2.C.
E. Waiver. The waiver by any party of a breach of any provision of this
contract shall not be deemed a continuing waiver or a waiver of any subsequent breach of
that or any other provision of this Agreement. Further, no waiver of any term, condition,
or covenant of this Agreement by either party shall be deemed as a waiver of any other
term, condition, or covenant herein contained to the strict and proper performance
thereof.
F. No Third-Party Beneficiary. No person or organization shall be a third-
party beneficiary of this Agreement.
G. No Assignment. Neither party to this Agreement may assign its rights,
privileges, benefits, or responsibilities hereunder to any other party without the express
prior written authorization of the other party to this Agreement.
H. Notice. Any and all inquiries and notices with respect to this Agreement
may be given personally or by registered mail addressed to County or City at the
following address:
City of Avenal Kings County
City Manager County Administrative Officer
919 Skyline Blvd 1400 W. Lacey Blvd. Building 1
Avenal, CA 93204 Hanford, CA 93230
Either party may change the address to which the notices shall be sent by advising the
other party in writing of the change. Nothing herein shall preclude the giving of any
notice by personal service to the other party.
I. Alterations and Modifications of Agreement. No alteration or variation of
the terms of this Agreement shall be valid unless made in writing and signed by the
7
August 4, 2025 Pg. 12
parties hereto, and no oral understanding or agreement not incorporated herein shall be
binding on any of the parties hereto. Notwithstanding, this Agreement may be modified
by a written amendment signed by the authorized representatives of the City and the
County.
J. Captions and Headings. The caption or heading of each article of this
Agreement is inserted as a matter of convenience and reference only and in no way
defines, limits, or describes the scope of the Agreement or in any way affects it.
K. Copies of Agreement. This Agreement may be executed in counterparts,
each of which shall be deemed a duplicate original.
6. AUTHORITY.
A. Legal Authority. Government Code Section 36501 provides that the
government of a general law city shall be vested in the officers therein named and
includes the designation of fire chief. Government Code Section 38611 provides that the
legislative body of a general law city shall establish a fire department for the city, and
that said fire department shall be under the charge of a chief who shall have had previous
training and experience as a firefighter, and that the other members of said fire
department shall consist of paid firefighters or such companies of call firefighters
(hereinafter “volunteers”) as the legislative body may determine. Government Code
Section 51301 authorizes the Board of Supervisors to contract with a city within the
county and authorizes the city legislative body to contract with the county for the
performance of city functions by appropriate county officers and employees. Government
Code Section 51303 provides in part that: “The county officers and employees named in
the contract shall exercise within the city all of the powers and duties conferred upon the
city officers or employees named in the contract.”
B. Fire Chief. The City and County desire that the functions of the Chief of the
Fire Department of City shall be performed by the Chief of the Fire Department of
County acting as the Fire Chief of City.
REMAINDER OF PAGE INTENTIONALLY BLANK
SIGNATURES ARE ON FOLLOWING PAGE
8
August 4, 2025 Pg. 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first above written.
“County” “City”
Doug Verboon, Chairman Alvaro Preciado, Mayor
Kings County Board of Supervisors City of Avenal
ATTEST: ATTEST:
Catherine Venturella, Clerk Maria Ortiz
Board of Supervisors City Clerk
Approved as to Legal Form Approved as to Legal Form
Laurie Avedisian-Favini, County Counsel
Robert Lomeli Moses Diaz
Deputy County Counsel City Attorney
RISK MANAGEMENT APPROVED AS TO
INSURANCE
By: ____________________________
Sarah Poots, Risk Manager
3500-028\AGT\4902-0684-6551 v.2.docx
9
August 4, 2025 Pg. 14
ATTACHMENT B
AGREEMENT FOR
COUNTY FIRE SERVICES
WITHIN THE CITY OF AVENAL
THIS AGREEMENT (“Agreement”) is made and entered into and effective this
24th day of June 2025, by and between the County of Kings, a political subdivision of the
State of California (“County”) and the City of Avenal, a California municipal corporation
(“City”), upon the following terms and conditions.
RECITALS:
1. The County and the City have for many years enjoyed a relationship
whereby the County provides fire services within the incorporated areas of the City of
Avenal.
2. This Agreement supersedes any prior agreement relating to fire services
provided by the County to the City and establishes a comprehensive four-year service
arrangement with defined compensation, responsibilities, and performance standards.
3. The City recognizes that providing fire services within City boundaries
requires significant County resources, including personnel, equipment, facilities,
administrative support, and assumption of service-related liabilities, the City therefore
agrees to provide additional compensation to the County as set forth in this Agreement.
4. Under this Agreement, the County will provide fire services including two
full-time fire staff positions (Fire Captain, Fire Apparatus Engineer), operational
expenses for the fire station, and administrative and operational support staff, with
compensation increasing over successive years.
5. The County will maintain operational control over all aspects of fire service
delivery by its personnel, including personnel management, discipline, service standards,
and operational procedures, while ensuing that services levels do not fall below those
Deleted: <#>City has requested records from County
provided during the 2023-2024 fiscal year. pertaining to County’s actual cost of service and as to
County’s deductions from City’s share of property taxes as
to the services rendered under this Agreement. In order to
6. In order to confirm the details of this contractual relationship and establish avoid delay in the signing of this Agreement while such
clear rights, responsibilities, and compensation arrangements for the provision of fire records are located and provided, the parties intend that the
services by the County within the incorporated areas of the City, the County and City signing of this Agreement shall not be delayed nor deemed a
waiver of the City’s request for such County records, and
enter into this Agreement as set forth, below. that all of the County’s and the City’s rights, including to
each and all of such records and deductions, shall be
preserved commencing as of the date of signing of this
Agreement and thereafter tolled until the expiration of this
1. Powers and Duties of County. Agreement. Once the records are located and provided to
City, the parties agree to in good faith meet, discuss and
consider the amendment of this Agreement, if the actual
A. Enforcement Responsibilities. The Fire Chief of the County of Kings shall cost-of-service to the City after the signing of this
Agreement is substantially greater or lower than as
enforce State and City statutes and ordinances relating to fire prevention and protection, contracted herein. ¶
August 4, 2025 Pg. 15
including enforcement of laws pertaining to illegal fireworks, and shall provide services
for emergency medical response, rescues, hazardous materials responses, and fire
investigation functions within the City’s boundaries, but only to the extent that the Fire
Chief performs the same or substantially similar services in the County. The Fire Chief
shall not be required to assume any other enforcement duty or function not consistent
with those customarily performed by the Fire Chief under County customs, ordinances,
and statutes of the State of California.
B. Resources. Except in regards to stationery supplies and forms which must
be issued in the name of the City, the County shall furnish all labor, supervision,
equipment, facilities, and supplies necessary to maintain a level of services meeting the
minimum requirements agreed to between City and County. The County shall not reduce
said level of resources and services below that which was provided during the 2023-2024
fiscal year. In all instances where special supplies, stationery, notices, forms, and the like
must be issued in the name of the City, the same shall be supplied by the City at its own
cost and expense.
The County and the City shall retain exclusive ownership of all equipment, vehicles,
supplies, and other tangible property that such party purchases or otherwise acquires
using its own funds for the purpose of performing its respective obligations under this
Agreement. Upon termination or expiration of this Agreement, each party may dispose of
its owned property through sale, transfer, or other disposition without restriction. Neither
party shall acquire any ownership interest in property purchased or owned by the other
party, regardless of whether such property is used in the performance of services under
this Agreement.
Notwithstanding the foregoing, if the County provides notice of cost overruns pursuant to
Section 2.C and the parties are unable to reach agreement on appropriate compensation
adjustments within the timeframes specified in Section 2.C, the County’s obligation to
maintain the specified level of resources and services shall be suspended until such time
as adequate compensation arrangements are established or this Agreement is terminated
in accordance with Section 3.
C. Municipal Agency. For the sole purpose of performing services and
functions pursuant to this Agreement, and only for the purpose of giving official status to
the performance thereof, the Fire Chief of the Kings County Fire Department, and the
officials, officers, employees, and volunteers of the County Fire Department, shall
exercise within the City all of the powers and duties conferred upon a city fire chief and
city fire department personnel, and, subject to the limitations set forth in paragraph 1.E
below, every County officer, employee, and volunteer engaged in performing any such
service and function shall be deemed to be an officer, employee, or volunteer of the City
while performing services and functions for the City to the extent such services and
functions are within the scope of this Agreement and are municipal functions.
2
August 4, 2025 Pg. 16
D. Control of Services. The rendition of such services, the standards of
performance, the discipline of officers, employees, and volunteers, and other matters
incident to the performance of such services, and the control of personnel so employed,
shall remain with the County; provided, however, that, if in the judgment of the City
Manager or City Council, any Fire Department officer, employee, or volunteer assigned
to duty under this Agreement is not satisfactory to the City, the City Manager may so
notify the Fire Chief in writing and within thirty (30) days of receipt of such a written
notification, the Fire Chief shall respond in writing thereto.
E. Personnel. All persons employed in the performance of such services and
functions as contemplated by this Agreement shall be County employees or volunteers,
and no person employed hereunder shall have any rights to any City benefit, pension,
civil service, status, or right of employment.
(1) City shall not be called upon to assume any liability for the direct
payment of any salaries, wages, or other compensation to any County personnel
performing services hereunder for the City.
(2) County shall be solely responsible for the payment of any salaries,
wages, and compensation of, or indemnity for, injury or sickness arising out of
said employment or volunteer relationship.
(2) City shall not be liable for compensation of or indemnity to any
County officer, employee, or volunteer for injury or sickness arising out of such
employment.
F. Citizen Complaints. All citizen complaints from City residents regarding
services provided pursuant to this Agreement shall be investigated and resolved by the
County through its normal review procedures. City acknowledges that any complaint
review and investigation is a confidential personnel matter the results of which shall only
be disclosed according to County policy and applicable law.
G. Service Reports. The City Manager, upon request, shall have access to
reports and applicable County records, or unrestricted portions thereof, pertaining Deleted:
specifically to fire suppression and prevention services provided under this Agreement Deleted: other
within the City, subject to all applicable local, state and federal laws. Such access shall Deleted: documents
explicitly exclude any medical records, patient information, or other data protected under Deleted: to
the Health Insurance Portability and Accountability Act (HIPAA) and related privacy Deleted: , and all other services
regulations. Access shall be limited to operation, administrative, and incident reports Deleted: by the County
related to fire suppression and prevention activities that are not otherwise restricted by Deleted: .
law. Further, the Fire Chief or the Fire Chief’s designated representative upon request
shall attend regular City Council meetings and shall be prepared to respond to questions
by the City Council regarding the services provided pursuant to this Agreement. Reports
to be automatically provided to the Office of the City Manager under this Agreement,
without the need for any City request, shall include the following which must be provided Deleted: (but are not limited to) each and all of
3
August 4, 2025 Pg. 17
within ten (10) business days after the end of each calendar month, in a manner that Deleted: five
complies with all applicable local, state, and federal laws. In the event that circumstances Deleted: 5
beyond the County’s reasonable control prevent timely delivery within the specified Deleted: they are completed
timeframe, the County may request additional time as necessary, provided that written
notice (including email) of such delay and the anticipated delivery date is provided to the
City Manager within the original ten (10) business day period. Deleted: :
i. Incident Tracking: A report disclosing instances when County personnel assigned Deleted: each occasion
to Avenal responded to incidents outside the city limits of Avenal, including the Deleted: left
general location and nature of such responses. The report shall identify when
move-up personnel or alternative coverage arrangements were implemented to
maintain fire protection services within Avenal during such deployments. The
County acknowledges that Avenal is designated as a core station and commits to
making every reasonable effort to provide immediate coverage when assigned
crews become committed to incidents outside the city boundaries. Deleted: without any replacement County personnel of
equal or greater qualification. Said report must disclose
the full duration of how long the City did not have County
ii. Service Report: County must submit copies of incident and service reports for fire personnel within Avenal city limits, and the
circumstances leading to such gap in service.
Avenal-related responses to the Office of the City Manager, limited to those
reports or portions thereof that are allowable under applicable local, state, and Deleted: all
federal law and that are not subject to confidentiality restrictions. Such
submission shall exclude any reports, records, or portions thereof that contain
medical information, patient data, or other materials subject to non-disclosure
requirements under the Health Insurance Portability and Accountability Act
(HIPAA) or other applicable privacy regulations. Only unrestricted reports and
unrestricted portions of reports that do not violate confidentiality or privacy laws
shall be provided under this requirement.
iii. Monthly Incident Reports: County must provide a monthly general call log report
for all incidents within Avenal city limits wherein County provided services under Deleted: of
this Agreement. The call log shall include the date, time, incident type or Deleted: ,
category, and location of each response or service call, along with corresponding Deleted: including the number and
response times. The report shall also include documentation of any canceled calls Deleted: or type of response or service call, along with
within the city limits during the reporting period. the
Deleted: , and as well as
iv. Structure Fire Detail Reports:
For each structure fire within Avenal city limits, a report which includes each and
all of the following:
a. Type of structure involved;
b. Time the service call was received by the dispatcher and also the relevant
fire personnel within Avenal;
c. Time when County accomplished control over the fire;
d. Number of fire engines and personnel dispatched to the fire; and
e. Initial response time and total duration at the incident scene.
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H. ISO Compliance Review: County shall provide the current Insurance Deleted: H. Backfill Coverage: County must ensure that it
immediately sends backup fire personnel to provide services
Services Office (ISO) rating for the City of Avenal and shall furnish any updated ISO in Avenal under this Agreement each time County’s
reports or rating changes to the City Manager as they become available. The County personnel assigned to Avenal is dispatched to and leaves
acknowledges that ISO conducts community reviews on a five to seven-year cycle for Avenal to assist in incidents outside of Avenal city limits. ¶
¶
insurance rate assessment purposes, and annual reviews are not available through the ISO
Deleted: I
system. All ISO ratings and reports provided under this provision shall be made
available to the public for transparency with Avenal residents. Deleted: must request and provide an Insurance Services
Office (ISO) report the City Manager no less than each year,
in order to assess response standards. These reports shall be
2. Consideration – City’s Annual Obligation. made public for transparency with Avenal residents
A. The City shall pay to the County the following amounts for the term of the
agreement which includes two full-time fire staff (Fire Captain, Fire
Apparatus Engineer) (commonly referred to as 2-0 staffing), operational
expenses for the fire station, and administrative and operational support
staff:
FY24/25: $450,000.00
FY25/26: $1,096,310.28
FY26/27: $1,125,882.00
FY27/28: $1,156,236.36
B. The City shall pay the above annual sum in equal quarterly installment
payments, which shall be due on September 30th, December 31st, March
31st, and June 30th of the Fiscal Year. In the event that compensation is
adjusted pursuant to Section 2.C during a fiscal year, the adjusted quarterly
payments shall take effect beginning with the next quarterly payment due
date following execution of the written amendment, with any retroactive
adjustments to be paid within thirty (30) days of such amendment.
C. In the event that the County’s Actual costs for providing fire services to the
City in any fiscal year exceed the annual compensation amount specified in
Section 2.A by more than ten percent (10%), the County may provide
written notice to the City documenting such cost overrun within sixty (60)
days after the end of the applicable fiscal year. Upon receipt of such notice,
the City Manager and the County Administrative Officer shall meet within
thirty (30) days to review in good faith the documented cost increases and
their underlying causes. The parties shall work collaboratively to identify
whether such cost increases result from factors including but not limited to
inflation exceeding anticipated levels, changes in labor costs, increased
insurance or workers’ compensation expenses, regulatory compliance
requirements, or enhanced service demands. If the parties determine that
the cost increases are reasonable and necessary for maintaining the agreed-
upon level of services, thy shall negotiate in good faith regarding an
appropriate adjustment to the compensation amount for the remainder of
the Agreement term. Any compensation adjustment agreed upon by the
parties shall be memorialized through a written amendment to this
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August 4, 2025 Pg. 19
Agreement executed in accordance with Section 5.I. The County’s
obligation to continue providing services during the negotiation period shall
not be affected, provided that such negotiations are concluded within ninety
(90) days after the initial meeting.
3. Term of the Agreement.
The County will provide fire services to the City under this Agreement for a
period of four (4) years, which shall commence on July 1, 2024, unless terminated by
either party.
Either party may terminate this Agreement without cause upon no less than six (6)
months written notice. A party may terminate this Agreement for cause, effective
immediately, upon written notice. Written notice of termination of this Agreement must
be given to the other party by personal delivery or registered mail as set forth below.
Upon termination, the City shall be responsible for any and all unpaid amounts
owed to the County for fire services performed up to and including the date of
termination. Such payments shall be due to the County no later than thirty (30) days after
the date of termination.
Either party’s inability or unwillingness to negotiate in good faith regarding cost
adjustments under Section 2.C may constitute grounds for termination for cause under
this section.
4. Indemnification.
The County shall indemnify, defend, and hold the City, its officers, agents, and
employees, harmless from loss, damage, or injury to any person or property, or for reason
of anything done, permitted to be done, or omitted to be done by Fire Department
personnel in providing or failing to provide fire suppression and prevention services to
the City or caused by the gross negligence or intentional misconduct of Fire Department
personnel in providing or failing to provide fire suppression and prevention services to
the City.
5. Miscellaneous Provisions.
A. Interpretation. This Agreement shall be interpreted in accordance with the
laws of the State of California. It is expressly agreed and understood that the rule stated
in Civil Code Section 1654, that ambiguities in a contract should be construed against the
drafter, shall have no application to the interpretation of this Agreement.
B. Severability. If any provision of this Agreement is found to be
unenforceable, the remainder shall be enforced as fully as possible, and the unenforceable
provision shall be deemed modified to the limited extent required to permit enforcement
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August 4, 2025 Pg. 20
of the Agreement as a whole.
C. Entire Agreement. This Agreement, including its Recitals and any exhibits,
which are fully incorporated into and are integral parts of this Agreement, constitutes the
entire agreement between the parties and there are no inducements, promises, terms,
conditions, or obligations made or entered into by the County or City other than those
contained herein.
D. Good Faith Negotiation. The parties will use their best efforts in good faith
to cooperate in fulfilling the terms of this Agreement. Should a dispute arise between the
parties regarding administration of this Agreement or the services to be provided
hereunder, the Administrative Officer of the County and City Manager of City, shall meet
in an attempt to resolve the issue. Cost overrun disputes shall be addressed exclusively
through the procedures established in Section 2.C.
E. Waiver. The waiver by any party of a breach of any provision of this
contract shall not be deemed a continuing waiver or a waiver of any subsequent breach of
that or any other provision of this Agreement. Further, no waiver of any term, condition,
or covenant of this Agreement by either party shall be deemed as a waiver of any other
term, condition, or covenant herein contained to the strict and proper performance
thereof.
F. No Third-Party Beneficiary. No person or organization shall be a third-
party beneficiary of this Agreement.
G. No Assignment. Neither party to this Agreement may assign its rights,
privileges, benefits, or responsibilities hereunder to any other party without the express
prior written authorization of the other party to this Agreement.
H. Notice. Any and all inquiries and notices with respect to this Agreement
may be given personally or by registered mail addressed to County or City at the
following address:
City of Avenal Kings County
City Manager County Administrative Officer
919 Skyline Blvd 1400 W. Lacey Blvd. Building 1
Avenal, CA 93204 Hanford, CA 93230
Either party may change the address to which the notices shall be sent by advising the
other party in writing of the change. Nothing herein shall preclude the giving of any
notice by personal service to the other party.
I. Alterations and Modifications of Agreement. No alteration or variation of
the terms of this Agreement shall be valid unless made in writing and signed by the
parties hereto, and no oral understanding or agreement not incorporated herein shall be
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August 4, 2025 Pg. 21
binding on any of the parties hereto. Notwithstanding, this Agreement may be modified
by a written amendment signed by the authorized representatives of the City and the
County.
J. Captions and Headings. The caption or heading of each article of this
Agreement is inserted as a matter of convenience and reference only and in no way
defines, limits, or describes the scope of the Agreement or in any way affects it.
K. Copies of Agreement. This Agreement may be executed in counterparts,
each of which shall be deemed a duplicate original.
6. Authority.
A. Legal Authority. Government Code Section 36501 provides that the
government of a general law city shall be vested in the officers therein named and
includes the designation of fire chief. Government Code Section 38611 provides that the
legislative body of a general law city shall establish a fire department for the city, and
that said fire department shall be under the charge of a chief who shall have had previous
training and experience as a firefighter, and that the other members of said fire
department shall consist of paid firefighters or such companies of call firefighters
(hereinafter “volunteers”) as the legislative body may determine. Government Code
Section 51301 authorizes the Board of Supervisors to contract with a city within the
county and authorizes the city legislative body to contract with the county for the
performance of city functions by appropriate county officers and employees. Government
Code Section 51303 provides in part that: “The county officers and employees named in
the contract shall exercise within the city all of the powers and duties conferred upon the
city officers or employees named in the contract.”
B. Fire Chief. The City and County desire that the functions of the Chief of the
Fire Department of City shall be performed by the Chief of the Fire Department of
County acting as the Fire Chief of City.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first above written.
“County” “City”
Doug Verboon, Chairman Alvaro Preciado, Mayor
Kings County Board of Supervisors City of Avenal
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ATTEST: ATTEST:
Catherine Venturella, Clerk Maria Ortiz
Board of Supervisors City Clerk
Approved as to Legal Form Approved as to Legal Form
Robert Lomeli Moses Diaz
Deputy County Counsel City Attorney
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