CITY OF AVENAL
“Pistachio Capital of the World®”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
SEPTEMBER 11, 2025; 5:15 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.
Study Session: None
LAST ORDINANCE: 2025-01 CITY LAST RESOLUTION: 2025-41
(SA) LAST RESOLUTION: 2025-02 PFA LAST RESOLUTION: 2024-03 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: Members of the City Council/Successor Agency are entitled to receive a total of $450.00 per month due to their serving on the City Council. They receive no other compensation for serving as members of the 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 both on the Agenda or 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. A timer will notify you when your time is expired. Please begin your comments by stating your name and place of residence.
4. CLOSED SESSION: (City/Successor Agency):
A. CONFERENCE WITH LABOR NEGOTIATOR(S) (Government Code § 54957.6).
It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives: Designated representatives- APOA; Bargaining Units 1-5 B. PERSONNEL (Government Code §54957(b)).
Consider Public Employee Performance Evaluation for the Position of: City Manager
5. CONSENT CALENDAR:
All items listed under the consent calendar are routine or for approval only and are enacted by one motion: (Action).
A. Consider City of Avenal/Successor Agency’s Approval of Minutes for August 14, 2025, Regular Meeting.
6. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:
A. None.
7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:
A. Activity Reports:
1. Public Works/Code Enforcement/Animal Control Departments Activity Report: Scott Davis, Public Works Director.
a. City Engineer’s Activity Report: Javier Andrade –A&M Consulting Engineers
2. IT Department Activity Report: Humberto Bermudez, IT Director.
3. Recreation Department Activity Report: Anna Lara, Community Activities Senior Leader.
B. Presentations/Reports:
1) Avenal Landfill Quarterly Report: Site Manager, George Anderson – WasteConnections. 2) Underage Tobacco Sales & Local Policy Solutions, California Health Collaborative, Celeste Ramos - Program Manager, Kings County Tobacco Control Program
8. PUBLIC HEARING(s):
Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority:
A. None
September 11, 2025 Pg. 1
9. OLD BUSINESS:
A. None.
10. NEW BUSINESS:
A. Consider Entering an Agreement with Cal.Net for Construction and Contracting of Internet Services: Resolution 2025-42; (Discussion/Action).
B. Consider Approval of Task Order for the City of Avenal Climate Action and Adaptation Plan: Resolution 2025-43; (Discussion/Action).
C. Consider Approval of the 2024 Avenal Road Maintenance Project Bid from VSS International, Inc.: Resolution 2025-44; (Discussion/Action).
D. Consider Approval of Staffing Adjustments, Reclassifications, Updated Job Descriptions, Updated Management Salary Schedule for FY 2025–26. Resolution 2025-45; (Discussion/Action).
E. Consider Ordinance 2025-02 Amending Section 6-4.20 of the Avenal Municipal Code - Cross-Connection Control Policy Update and Waive First Reading. Resolution 2025-46; (Discussion/Action).
F. Consider Ordinance 2025-03 Adding Chapter 12 to Title 4 of the Avenal Municipal Code – Establishing the Avenal Fire Department and Fire Protection Regulations and Waive First Reading. Resolution 2025-47; (Discussion/Action).
11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
Any Council member may request an item be placed on a future agenda, provided that a simple majority also support adding said item. Discussion or action on any item not on the current agenda is strictly prohibited. Closing comments are intended for Council members to report attendance of any special events and pertinent information back to the public.
• Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.
12. 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 Local, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on, September 08, 2025.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
September 11, 2025 Pg. 2
CIUDAD DE AVENAL
"Capital mundial® del pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL / AGENCIA
SUCESORA / PFA 11 DE SEPTIEMBRE DE 2025; 5:15 P.M.
AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA A TRAVÉS DE VIDEOCONFERENCIA / WEB DE ZOOM:
Enlace web: bit.ly/AvenalCouncil o use https://us02web.zoom.us/j/87243440488 O llamando al +1 669 900 6833 y utilizando el ID de reunión 872 4344 0488 para unirse.
Sesión de estudio: Ninguna ÚLTIMA ORDENANZA: 2025-01 ÚLTIMA RESOLUCIÓN DE LA CIUDAD: 2025-41 (SA) ÚLTIMA RESOLUCIÓN: 2025-02 ÚLTIMA RESOLUCIÓN DE PPA: 2024-03 AGENDA
1. LLAMADO AL ORDEN Y JURAMENTO A LA BANDERA:
2. PASE NOMINAL: Concejales: Ricardo Verdugo, David Reynosa, Pablo Hernández, Alcaldesa Interina, M.
Leticia Gámez; Alcalde, Álvaro Preciado.
SECRETARIO MUNICIPAL:
Sección 54952.3 del Código de Gobierno: Los miembros del Concejo Municipal / Agencia Sucesora tienen derecho a recibir un total de $ 450.00 por mes debido a su servicio en el Concejo Municipal. No reciben ninguna otra compensación por servir como miembros de la Agencia Sucesora.
3. COMENTARIOS / ANUNCIOS PÚBLICOS Y APARICIONES NO PROGRAMADAS:
Este tiempo está reservado para que los miembros de la audiencia se dirijan al Concejo Municipal sobre temas de interés que están en la Agenda o no en la Agenda y están dentro de la jurisdicción temática del Concejo Municipal / Agencia Sucesora. La ley estatal prohíbe a cualquier miembro del Consejo comentar o actuar sobre asuntos que no están en la agenda. El Consejo le pide que mantenga sus comentarios concisos y positivos. La crítica creativa, presentada con la cortesía adecuada, es bienvenida. A cada orador se le permitirán tres minutos. Un temporizador le notificará cuando su tiempo haya expirado. Comience sus comentarios indicando su nombre y lugar de residencia.
4. SESIÓN CERRADA: (Ciudad/Agencia sucesora):
A. CONFERENCIA CON NEGOCIADOR (S) LABORAL (Código de Gobierno § 54957.6).
Es la intención de este órgano rector reunirse en sesión cerrada para revisar su posición e instruir a sus representantes designados: Representantes designados- APOA; Unidades de negociación 1-5 B. PERSONAL (Código de Gobierno §54957(b)).
Considere la evaluación del desempeño de los empleados públicos para el puesto de: Administrador de la ciudad
5. CALENDARIO DE CONSENTIMIENTO:
Todos los elementos enumerados en el calendario de consentimiento son de rutina o solo para aprobación y se promulgan mediante una moción: (Acción).
A. Considere la aprobación de las actas de la ciudad de Avenal/agencia sucesora para la reunión ordinaria del 14 de agosto de 2025.
6. ALCALDE Y MIEMBRO DEL CONCEJO / AGENCIA SUCESORA / ARTÍCULOS A CONSIDERAR:
A. Ninguno.
7. INFORMES DE ACTIVIDADES / PRESENTACIONES ESPECIALES E INFORMES DE COMITÉS:
A. Informes de actividad:
1. Informe de actividades de los departamentos de Obras Públicas/Cumplimiento de Códigos/Control de Animales: Scott Davis,
Director de Obras Públicas.
a. Informe de Actividades del Ingeniero Municipal: Javier Andrade –A&M Consulting Engineers
2. Informe de actividad del departamento de TI: Humberto Bermúdez, Director de TI.
3. Informe de actividades del Departamento de Recreación: Anna Lara, líder sénior de actividades comunitarias.
B. Presentaciones/Informes:
1) Informe trimestral del vertedero de Avanal: Gerente del sitio, George Anderson - WasteConnections. 2) Soluciones de Políticas Locales y Ventas de Tabaco para Menores de Edad, California Health Collaborative, Celeste Ramos - Gerente de Programa, Programa de Control del Tabaco del Condado de Kings
September 11, 2025 Pg. 3
8. AUDIENCIA(s) PÚBLICA(s): Audiencia conjunta de la Agencia sucesora de la Ciudad de Avenal Fondo de Obligaciones Fiduciarias RDA / Autoridad de Finanzas Públicas:
A. Ninguno
9. ASUNTOS ANTIGUOS:
A. Ninguno.
10. NUEVOS NEGOCIOS:
A. Considerar la posibilidad de celebrar un acuerdo con Cal.Net para la construcción y contratación de servicios de Internet: Resolución 2025-42; (Discusión/Acción).
B. Considerar la aprobación de la orden de trabajo para el Plan de Acción y Adaptación Climática de la Ciudad de Avenal: Resolución
2025-43; (Discusión/Acción).
C. Considerar la aprobación de la oferta del proyecto de mantenimiento de carreteras Avenal 2024 de VSS International, Inc.: Resolución 2025-44; (Discusión/Acción).
D. Considere la aprobación de ajustes de personal, reclasificaciones, descripciones de puestos actualizadas, cronograma salarial de administración actualizado para el año fiscal 2025-26. Resolución 2025-45; (Discusión/Acción).
E. Considere la Ordenanza 2025-02 que modifica la Sección 6-4.20 del Código Municipal de Avenal - Actualización de la Política de Control de Conexiones Cruzadas y Renuncia a la Primera Lectura. Resolución 2025-46; (Discusión/Acción).
F. Considere la Ordenanza 2025-03 que agrega el Capítulo 12 al Título 4 del Código Municipal de Avenal: establece el Departamento de Bomberos de Avenal y las Regulaciones de Protección contra Incendios y renuncia a la Primera Lectura. Resolución 2025-47; (Discusión/Acción).
11. CORRESPONDENCIA / ANUNCIOS / COMENTARIOS FINALES:
Cualquier miembro del Consejo puede solicitar que un tema se incluya en una agenda futura, siempre que una mayoría simple también apoye la adición de dicho tema. Está estrictamente prohibido discutir o actuar sobre cualquier tema que no esté en la agenda actual. Los comentarios finales están destinados a que los miembros del Consejo informen al público sobre la asistencia a cualquier evento especial y la información pertinente. • Temas próximos y futuros de la agenda a considerar.
• Correspondencia/Anuncios/Información/Comentarios finales.
12. APLAZAMIENTO:
1) De conformidad con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario Municipal (559) 386-5766. Teatro y Centro de Eventos Avenal, 233 East Kings Street Avenal, CA 93204. La notificación 48 horas antes de la reunión permitirá a la ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión [28 CFR 35.02.35.1044 AA Título II].
2) Los materiales relacionados con un tema de esta agenda presentados al [Concejo / Autoridad] después de la distribución del paquete de la agenda están disponibles para inspección pública en la oficina de [Secretarios Municipales] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal.
Certifico que este taller de la Agenda del Concejo Municipal de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Cámaras del Concejo Municipal, Teatro Avenal 233 E. Kings St.; 2) Ayuntamiento, 919 Skyline Blvd.; 3) Avenal Local, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el 8 de septiembre de 2025. __ /s/ María Ortiz
María Ortiz, Secretaria Municipal
September 11, 2025 Pg. 4
City of Avenal
Proclamation
Suicide Prevention Awareness Month
WHEREAS, suicide is a leading cause of death in the United States and has a profound impact on individuals, families, and communities; and WHEREAS, in California, thousands of lives are lost each year to suicide, leaving loved ones, friends, and entire communities grieving and searching for ways to prevent further tragedy; and
WHEREAS, the City of Avenal recognizes that mental health and suicide prevention are community responsibilities that require compassion, connection, and accessible resources for all people; and
WHEREAS, raising awareness about suicide, reducing stigma around mental health, and supporting those in crisis can save lives; and WHEREAS, organizations, healthcare providers, schools, faith communities, and families in Avenal are dedicated to promoting mental health, providing support, and offering hope to those who may be struggling; and
WHEREAS, September is recognized across the nation as Suicide Prevention Awareness Month, a time to promote resources, share stories of resilience, and encourage open conversations about mental health and suicide prevention; NOW, THEREFORE, I, Alvaro Preciado, Mayor of the City of Avenal, on behalf of the City Council, do hereby proclaim the month of September 2025 as “Suicide Prevention Awareness Month”
In the City of Avenal and call upon all residents to join together in promoting awareness, fostering understanding, and offering support to those in need, so that we may work collectively to prevent the tragic loss of life to suicide.
IN WITNESS WHEREOF, I Alvaro Preciado have hereunto set my hand and caused the Seal of the City of Avenal to be affixed this 11th of September 2025. ________________________
Alvaro Preciado,
Mayor, City of Avenal
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF
AVENAL, CALIFORNIA,
PROCLAIMING SEPTEMBER 2025
AS NATIONAL SUICIDE
PREVENTION AND RECOVERY
MONTH
RESOLUTION 2025-_48_
WHEREAS, suicide and substance use disorders are serious public health issues that affect individuals, families, and communities across our nation; and WHEREAS, every year, thousands of lives are lost to suicide and substance use disorders, creating lasting grief and pain for loved ones; and
WHEREAS, promoting awareness, understanding, and open conversation about mental health, suicide prevention, and substance use recovery can save lives and reduce stigma; and WHEREAS, recovery from suicidal thoughts and behaviors, as well as from substance use disorders and the profound impact of suicide loss, is possible through compassionate support, professional treatment, and ongoing community engagement; and WHEREAS, recognizing the importance of recovery in all forms—including mental health and substance use—promotes hope and resilience for individuals and families affected by these challenges, while also encouraging access to resources, peer support, and effective care; and WHEREAS, the month of September has been designated as Suicide Prevention and Recovery Month to foster hope, support prevention efforts, champion recovery, and honor those whose lives have been touched by suicide or substance use; and WHEREAS, the City of Avenal is committed to promoting mental health and substance use resources, providing support to those struggling, assisting people on their journey to recovery, and encouraging individuals to seek help without shame or fear;
UPON MOTION OF COUNCIL MEMBER , SECONDED BY COUNCIL
MEMBER , THE FOLLOWING WAS PASSED, APPROVED, AND
ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON September 11, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
,
AVENAL
MARIA A. ORTIZ City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL: the City Council of the City of Avenal as follows:
1. Found that the foregoing recitals are true.
2. The City Council of the City of Avenal does hereby proclaim September 2025 as National Suicide Prevention and Recovery Month in the City of Avenal and calls upon all residents to raise awareness, show compassion, and work together toward the goal of prevention and healing.
3. The City Council of Avenal hereby encourages community members, organizations, schools, and workplaces to participate in educational programs, outreach initiatives, and supportive activities throughout the month, fostering an environment of hope and resilience.
__________________________________
ALVARO PRECIADO, Mayor
CITY OF AVENAL
CITY OF AVENAL
“Pistachio Capital of the World®”
REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
August 14, 2025, 5:15 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.
MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:18 PM.
ROLL CALL: Councilman Ricardo Verdugo, David Reynosa, Pablo Hernandez, Mayor Pro Tem Gamez, Mayor Alvaro Preciado.
ABSENT: None.
STAFF: López, Price, Curiel, Ortiz, Bermudez, Davis, Velasco.
LEGAL COUNSEL: Moses Diaz.
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.
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 both on the agenda or 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. A timer will notify you when your time is expired.
Please begin your comments by stating your name and place of residence.
Public Comment opened at 5:20 p.m.
Ginger Wallis, Avenal resident, expressed concern regarding negative comments made by City staff about the current Fire Department and requested that such comments cease.
Sheila Verdugo, Avenal resident, stated that the fire contract, with the proposed additional language, would be beneficial to the community.
Kelly Guzman, Avenal resident, voiced concerns regarding the Kings County Fire Department. She noted that the City has received more revenue than anticipated through Measure A and stated these funds should be used to continue contracting with Kings County Fire. She further emphasized that the Council should take the community’s input into consideration.
Veronica Aguirre, Avenal resident (via Zoom), expressed that the current language under Public Comment is inadequate and requested that it be revised.
Jose Verduzco, Government Affairs Representative for PG&E, introduced himself and stated he is available to serve the community.
CLOSED SESSION: (City/Successor Agency):
A. CONFERENCE WITH LABOR NEGOTIATOR(S) (Government Code § 54957.6).
September 11, 2025 Pg. 5
It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives: Designated representatives: APOA; Bargaining Units 1-5 B. PERSONNEL (Government Code §54957(b)).
Consider Public Employee Performance Evaluation for the Position of: City Manager C. PENDING LITIGATION (Government Code § 54956.9). It is the intention of this governing body to meet in closed-session concerning: Conference with legal counsel – Deciding whether or not basis exists for closed-session for anticipated litigation (Government Code § 54956.9(d)(3)). Number of potential cases is: __1__.
D. EXISTING LITIGATION (Government Code § 54956.9(d)(1)).
Parties, case/claim no: Jesus A. Mendez, v. City of Avenal (Kings County Superior Court, Case No. 24CU0108)
Closed Session was opened at 5:33pm by Mayor Preciado.
Closed Session was closed at 7:01pm by Mayor Preciado with nothing to report.
CONSENT CALENDAR:
All items listed under the consent calendar are routine or for approval only and are enacted by one motion: (Action).
A. Consider City of Avenal/Successor Agency’s Approval of Minutes for July 9; 10; 22 2025, and August 4, 2025, Special & Regular Meetings.
Council Member/Successor Agency Verdugo motioned to approve Consent Calendar, seconded by Councilman/Successor Agency Member Gamez, and motion carried.
ROLL CALL VOTE:
AYES: Verdugo, Gamez, Hernandez, Reynosa, Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:
A. Designation of Voting Delegate and Alternates for the 2025 League of California Cities Conference and General Assembly - October 8-10, 2025, Long Beach Convention Center – City Clerk (Discussion/Action)
Council designated Councilman Verdugo as Voting Delegate and Mayor Preciado volunteered to be the alternate.
Council Member/Successor Agency Preciado motioned to approve Voting Delegate and Alternate, seconded by Councilman/Successor Agency Member Reynosa, and motion carried.
ROLL CALL VOTE:
AYES: Preciado, Reynosa, Hernandez, Verdugo, Gamez.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:
A. Activity Reports:
1. Police Department Activity Report: Cecilio Velasco, Chief of Police.
Chief Velasco presented as submitted. He addressed questions from the Council regarding Flock Cameras, the Torch Run, school safety, and safe routes for students. He reported no incidents during the first days of school and noted that educational material on motorized scooters will be distributed.
2. Community Development Activity Report: Joshua McDonnell, Contract City Planner, 4Creeks.
Joshua McDonnell presented as submitted. He responded to Council questions regarding the Annexation, noting preliminary conversations with Fresno County. City Manager López added that efforts are being made to coordinate with the area supervisor.
Mayor Preciado inquired about the Aria parking lot which McDonnell shared information about.
September 11, 2025 Pg. 6
3. Economic Development & Grant Writing Report: Emily Engelsgaard, Grants Manager, the CrisCom Company.
Emily Engelsgaard presented as submitted. She responded to Council questions regarding the Sacramento Snapshot and confirmed she will prioritize arranging a meeting with Criscom to discuss community water needs during Mayor Preciado’s upcoming visit to Sacramento.
Presentations/Reports:
1. End of Summer of Presentations: Summer 2025 Interns.
Interns presented as submitted. Mayor Preciado thanked them for their work.
2. Avenal Landfill Quarterly Report: Site Manager, George Anderson – Waste Connections.
George Anderson
George Anderson was unable to present.
3. Kings County Fire, Station 12, July Report: John Chamberlin (Fire Chief) / Blake Adney (Fire Marshal).
Blake Adney presented as submitted. In response to Council questions, the Fire Marshall addressed community engagement during the July 4th fire, and the Fire Chief provided information regarding the ISO rating included in the fire contract. Mayor Preciado inquired about Avenal’s ISO Rating of 3, fire hydrants, and detailed reporting. The Fire Chief confirmed he will present different report formats.
4. Kings County Association of Governments (KCAG) Regional Active Transportation (RATP) Plan Update: Lynnete Guzman, Senior Planner - Mark Thomas Lynnete Guzman and Mark Thomas designee presented as submitted. Joshua McDonnell, City Planner, stated he supports KCAG’s bicycle transportation plans.
Audience members stated there is a need for a 4-way stop on Whitney & Corcoran. Another audience member suggested speed bumps. Blake Adney, Fire Marshall, states he would like if speed bump requests or other road items are sent to the fire department for clearance.
Continued PUBLIC HEARING(s):
Joint Hearing of the City of Avenal Successor Agency RDA Trust Obligations Fund/Public Finance Authority:
A. Consider Proposed City of Avenal Fiscal Year (FY) 2025/2026 City Budget /Fees & Charges:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution (including Fees & Charges).
B. Consider Proposed Avenal Successor Agency/RDA Debt Obligation Fund (FY) 2025/2026 Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.
C. Consider Proposed Finance Authority Public Finance Authority (PFA) Fiscal Year 2025/2026 Budget:
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution.
Mayor Preciado motioned to close the Public Hearing.
Council Member/Successor Agency Reynosa motioned to approve Resolution 2025-39, seconded by Councilman/Successor Agency Member Gamez, and motion carried.
September 11, 2025 Pg. 7
ROLL CALL VOTE:
AYES: Reynosa, Gamez, Verdugo, Hernandez, Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Council Member/Successor Agency Reynosa motioned to approve RDA/Successor Agency Resolution 2025-02, seconded by Councilman/Successor Agency Member Gamez, and motion carried.
ROLL CALL VOTE:
AYES: Reynosa, Gamez, Verdugo, Hernandez, Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Council Member/Successor Agency Reynosa motioned to approve Public Financing Authority Resolution 2025-02, seconded by Councilman/Successor Agency Member Gamez, and motion carried.
ROLL CALL VOTE:
AYES: Reynosa, Gamez, Verdugo, Hernandez, Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
RESOLUTION 2025-39: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL, ADOPTING THE CITY BUDGET FOR FY 2025-2026.
SUCCESSOR AGENCY RESOLUTION 2025-02: A RESOLUTION OF THE AVENAL SUCCESSOR AGENCY/RDA DEBT OBLIGATION FUND OF THE CITY OF AVENAL ADOPTING THE AGENCY’S FISCAL YEAR BUDGET 2025/2026.
PUBLIC FINANCING AUTHORITY RESOLUTION 2025-02: A RESOLUTION OF THE AVENAL PUBLIC
FINANCING AUTHORITY OF THE CITY OF AVENAL ADOPTING THE AVENAL PUBLIC FINANCING AUTHORITY FISCAL YEAR 2025-2026 BUDGET.
OLD BUSINESS:
A. SRO Agreement with RSUSD (Discussion/Action).
NEW BUSINESS:
A. Consider Fiscal Year 2024-2025 – End Budget Revisions: (Discussion/Action).
Council Member/Successor Agency Reynosa motioned to approve Resolution 2025-40, seconded by Councilman/Successor Agency Member Hernandez, and motion carried.
ROLL CALL VOTE:
AYES: Reynosa, Hernandez, Gamez, Verdugo, Preciado.
NOES: None.
ABSENT: None.
ABSTAIN: None.
B. Consider Fiscal Year Appropriations Limits: (Discussion/Action).
Council Member/Successor Agency Verdugo motioned to approve Resolution 2025-41, seconded by Councilman/Successor Agency Member Reynosa, and motion carried.
ROLL CALL VOTE:
AYES: Verdugo, Reynosa, Gamez, Hernandez, Preciado.
September 11, 2025 Pg. 8
NOES: None.
ABSENT: None.
ABSTAIN: None.
RESOLUTION 2025- 40: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO AMEND THE CITY’S BUDGET FOR FY 2025-2026.
RESOLUTION 2025-41: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL ESTABLISHING FISCAL YEAR 2025-26 APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION.
CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
Any Council member may request an item be placed on a future agenda, provided that a simple majority also support adding said item.
Discussion or action on any item not on the current agenda is strictly prohibited. Closing comments are intended for Council members to report attendance of any special events and pertinent information back to the public. • Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.
City Manager Antony López thanked the interns for their work over the summer and invited community to the Drive In Movie August 15th. Councilman Verdugo asked for revision of City Budget and signage of the Fire Contract. He also asked people to be considerate of what it takes for people to have running water. Mayor Preciado shared that he was able to attend multiple meetings regarding water and electricity. He also shared he would be representing the City in other groups in the Bay and getting ready for the trip to Sacramento.
The City Council went into recess at 9:36pm.
ADJOURNMENT:
The City Council came out of closed session at 11:16pm, with nothing to report and the meeting was adjourned.
__ /s/ Karla Curiel
Karla Curiel, Deputy City Clerk
September 11, 2025 Pg. 9
City of Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Scott Davis, Public Works Director
DATE: September 5, 2025
RE: Public Works Monthly Report July/August 2025
INFORMATION:
7300 CODE ENFORCEMENT:
The Code Enforcement Department continues to work on property abatements and graffiti. Illegal Venders are still coming in. Lupe works flex hours to address any problems. Lupe is continuing to work with the County on home/micro kitchens.
SEE ATTACHED REPORT.
8100 PARKS & LANDSCAPE:
Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Sport Complex, the Ken Brown Public Safety Center, Elliott Park and the new Kids Park. The Seat Walls (benches) on Skyline have been completed. The contractor has completed the punch list for the items of concern from Public Works and Caltrans. We continue to work with the company at the Sports Complex.
9000 ANIMAL CONTROL DEPARTMENT:
Staff continues to maintain the Animal Shelter. The June report is included as we did not have it for the July Council meeting. The contract with Lemoore started in July and the transition is going well. Staff for both cities are communicating well and solving any problems quickly. We are still having good numbers with the spay/neuter program and rescues have been good also.
SEE ATTACHED REPORTS.
13000 STREETS:
Staff maintains city streets, signs, flags, and banners. Staff has been patching in town and on Plymouth Ave. We had the bid opening for the road maintenance project August 21st. The City Engineer will have more information. 14100 WATER DISTRIBUTION:
Staff continues to repair and maintain the distribution system within the City. We had one (1) leak on the 12” main in July and no leaks in August.
15000 WASTEWATER COLLECTIONS:
Staff continues to report monthly to Regional Water Quality Control Board regarding overflows. There were five (5) calls for sewer plugs, one (1) in July and four (4) in August. Staff is continuing the enzyme treatment for grease.
18000 VEHICLES, EQUIPMENT & BUILDING MAINTENANCE:
Staff continues to maintain city-owned property, vehicles, and equipment and continues monthly/quarterly reporting to SJVAPCD.
September 11, 2025 Pg. 10
Monthly Report
August 2025
Vehicle Abatements
Total of Vehicles Tagged (private property) 00
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 00
Property Abetments
Mailed Abetments 26
Courtesy Verbal Abetments 21
Courtesy Door Hangers 32
Abetments Completed 58
Pending 02
Miscellaneous Complaints
Illegal Business/Expired License 01
Stop Work/No Permit 01
Illegal Occupancy 02
Illegal Venders 01
Complaints Received 01
*Phone 00
*Walk In 00
Miscellaneous Inspections 55
Miscellaneous Meetings 05
Recycling Control 01
Graffiti Control 03
Water Waste Control (verbal and/or citations) 01
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 00
Notes: Illegal vendors have slowed down. Graffiti also went down. We did see increases on illegal dumbing in our alley ways and some lots and fields. Still working with county on home kitchens. County has contacted some that leave phone numbers on post.
September 11, 2025 Pg. 11
To: Scott Davis, Public Works Director
From: Raul Valadez, Animal Control Department
For: August 1, 2025 tp August 31, 2025
Total Entries 36
RETURNED TO OWNER 1
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 0
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 29
DOGS RESCUED 6
Brought in to the shelter for the month of August 10
DOG BITE(S) 1
CITATIONS 0
COMPLAINTS 18
DOOR HANGERS 5
CATS DETAINED 1
EUTHANIZED 1
RESCUED 0
REDEEMED 0
ADPOTDED 1
Roosters/Chickens/Owls/Turtles, etc. 1
Deceased Animals
Dogs 4
Cats 9
Other Animals Deceased 0
City Of Avenal
Animal Control Activity Report
Animal Control Activity Report
September 11, 2025 Pg. 12
To: Scott Davis, Public Works Director
From: Raul Valadez, Animal Control Department
For: August 1, 2025 tp August 31, 2025
Total Entries 44
RETURNED TO OWNER 0
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 0
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 30
DOGS RESCUED 14
Brought in to the shelter for the month of August 17
DOG BITE(S) 2
CITATIONS 0
CATS DETAINED 0
EUTHANIZED 0
RESCUED 0
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 10
Cats 11
Other Animals Deceased 0
City Of Corcoran
Animal Control Activity Report
Animal Control Activity Report
September 11, 2025 Pg. 13
To: Scott Davis, Public Works Director
From: Raul Valadez, Animal Control Department
For: August 1, 2025 tp August 31, 2025
Total Entries 20
RETURNED TO OWNER 1
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 0
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 13
DOGS RESCUED 6
Brought in to the shelter for the month of August 11
DOG BITE(S) 0
CITATIONS 0
CATS DETAINED 0
EUTHANIZED 0
RESCUED 0
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 3
Cats 9
Other Animals Deceased 0
City Of Lemoore
Animal Control Activity Report
Animal Control Activity Report
September 11, 2025 Pg. 14
Month of August: Animal Control Narrative Report
Shelter Spay/Neuter- 11
Public Spay/Neuters- 15
This month of August was a challenging one. Large breeds dogs (owned) have been running at large. I want to ask the owner to be more responsible with your pets. Currently, we are not accepting large breed surrenders. Please understand our mission is so secure our community’s public health and safety. To accomplish this we as our residents allow us to bring in dogs that are stray.
We are getting calls on to many large breed surrenders. We are working hard to rescue as many dogs as we can to be able to bring in more stray dogs.
We are still looking for ways to capture stray dogs that are hiding in the hills. With school starting up we patrolled school areas.
Rescues have been up this month as well for large breeds thank again all for your help.
September 11, 2025 Pg. 15
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 7- A.2
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, Information Technology Director DATE: September 8th, 2025
RE: Information Technology Monthly Report July, August 2025 CURRENT PROJECTS:
Internet:
-Spectrum finalizes speed increases for the Police Department. Staff reaches out to TPx for a second switching failover solution for internet services. -Staff prepares a Staff Report on quotes from three ISPs to assist in site-to-site interconnectivity needs within the City.
Phone System:
-Verizon repairs account issues preventing staff from monitoring business hours phone schedules. Police Records scheduling is still actively monitored by IT and Records. -AT&T begins the physical disconnection process for non-mission critical sites.
Services:
-Staff continues performing regular security maintenance and documentation reporting. -Staff inventories available A/V equipment and digital licenses for tracking and cost assessment.
Other:
-Continues to support summer events with A/V as needed
-Continuing to maintain and report digital signage for RSUSD and KCBH. -Continues to maintain the city website and provide tech support across all facilities.
September 11, 2025 Pg. 16
Memo
To: Honorable Mayor and Council Members
From: Anna Lara-Nieto, Senior Recreation Leader
cc: Antony V. Lopez, City Manager
Date: September 4th 2025
Re: Community Activities Department Report
Information:
Updates:
1) Summer Kidz Spot
• Program ended on August 1st. We had a total of 60 kids. Most were sponorsed by KCAO, others choose to pay the weekly cost. • We took 3 Field Trips. Island Water Park, Johns Increable Pizza, Gizzlies Baseball Game and our weekly Tuesday Libray trip.
• Collobrated with Avenal Pd, Avenal Fire Station, California Helath Collaborative, Avenal Musuem, Home Depot, KCAO Healthy Kids Program, KPFP and Gallery Café
• We hosted 2 separate events with our Special Needs Support Squad 386 • Ended the program with the last week being sponsored with lunch and dessert by local businesses. El Frijolito, La Botana, La Costera Restaurant, Edwards Bakery, Chaguitos Tacos.
2) Back to School Event
• In collaboration with our Reef Sunset Family Engament Center we hosted a Back to School Event. Held at the Reef Sunset Middle on August 4th • We gave out 150 Backpacks filled with school supplies- sponsored by Clearway Engery.
• We also gave out FREE snowcones to families.
Working on:
1) Suicide Walk- September 6th, at Vets Hall, 5pm-8pm
2) Weekly Wednesday Activity – Starting September 10th
3) Trunk or Treat – Oct 24th @ AHS Parking Lot
Collaborations:
1) Valley Voices- Food Distribution
2) Consulado de Mexcio – September 29th- 2nd @ Recreation Center September 11, 2025 Pg. 17
RENTALS
AUGUST/SEPTEMBER
Veterans Hall
• Seniors, Monday-Friday 10-4pm
• 1- Non- profit paid rentals
• Valley Voices- Every 2nd Friday of each month- Covid/Food Distribution Recreation Center
• 6- Community paid rental
• 1-Non-profit rate rental
Theater Center
• 1-Community paid rental
Pavilions
• 3- Community paid rental - Sports Complex
• 1 – Community paid rental - Rice Park
• 1- Non-profit rate rental – Rice Park
September 11, 2025 Pg. 18
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 7. B-2
7. B
Special
Presentations/Reports:
Quarterly Report
Presenter: George Anderson Jr.
Site Manager
Avenal Regional Landfill
September 11, 2025 Pg. 19
UNDERAGE TOBACCO
SALES & LOCAL
POLICY SOLUTIONS
Presented by Celeste Ramos
September 11, 2025
City of Avenal
THIS ADVERTISEMENT AND INCENTIVES WERE MADE POSSIBLE BY FUNDS RECEIVED FROM THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, TOBACCO PREVENTION PROGRAM UNDER CONTRACT CTPP-21-16.
September 11, 2025 Pg. 20
Program
Background
Avenal Tobacco
Purchase Results
AGENDA
Upcoming Tobacco
Legislation
Communities in the
Central Valley
Program
Support
September 11, 2025 Pg. 21
CALIFORNIA
HEALTH
COLLABORATIVE
With a mission of changing lives by improving health and wellness, the California Health Collaborative (CHC) was founded in 1982 as a nonprofit public benefit corporation under Code 501 (C) 3.
The Kings County Tobacco Control Program (KCTCP) works
to create more collaborative opportunities to increase
awareness around the impacts of tobacco and the
deceptive marketing tactics of the tobacco industry.
September 11, 2025 Pg. 22
DATA ANALYSIS
Avenal Tobacco Purchase Results
September 11, 2025 Pg. 23
2022
The program conducted Young
Adult Tobacco Purchase
Surveys on August 8, 2022
25% of retailers surveyed sold to
an underage young adult
(3 out of 12 retailers)
September 11, 2025 Pg. 24
2025
The program surveyed
tobacco retailers again
on August 13, 2025
35.7% of retailers surveyed sold
to an underage young adult
(5 out of 14 retailers)
September 11, 2025 Pg. 25
HIGHLIGHTS
One retailer falsified the DOB to
bypass the register prompt and
complete the purchase even after the
decoy stated their age and the year
they were born
This was the first time these decoys
visited Avenal and had no prior
connections with the retailers
September 11, 2025 Pg. 26
DATA ANALYSIS
Upcoming Tobacco Legislation
September 11, 2025 Pg. 27
AB 3218 &
SB 1230
Took effect on January 1 , 2025, which
primarily focus on strengthening &
initiating enforcement for prohibited
flavored tobacco products
st
The changes, along with the Unflavored
Tobacco List (UTL), should be fully
implemented no later than December
31st, 2025
September 11, 2025 Pg. 28
UNFLAVORED TOBACCO
LIST (UTL)
The UTL will contain only tobacco products that
lack characterizing flavors.
The UTL must be published by or before
December 31, 2025.
The Attorney General’s Office is the entity in
charge of establishing regulations when
generating the UTL.
September 11, 2025 Pg. 29
DATA ANALYSIS
Communities in the Central Valley
September 11, 2025 Pg. 30
LOCAL TOBACCO
PREVENTION
EFFORTS
Communities in the Central Valley
like Bakersfield and Clovis have
taken action to reduce underage
tobacco sales and ensure
retailers are complying with state
and local laws
September 11, 2025 Pg. 31
TOBACCO RETAIL LICENSE (TRL)
A Tobacco Retail License (TRL) is a policy option for local governments requiring tobacco retailers to pay a license fee. The license helps pay for enforcement and protects Public Health and Safety by ensuring that retailers comply with responsible retailing practices.
September 11, 2025 Pg. 32
DATA ANALYSIS
Program Support
September 11, 2025 Pg. 33
Kings County Tobacco Control Program
MATERIALS
Create bilingual
educational materials
for the community
and retailers
CIVIC
ENGAGEMENT
Provide civic
engagement
trainings to the
community such as
data collection,
public speaking
and more.
Educate leaders,
community
members, and
retailers on current
tobacco laws and
youth tobacco use
TECHNICAL
ASSISTANCE EDUCATION
Provide technical
assistance to local
communities with
samples of how
others have
addressed tobaccorelated issues
September 11, 2025 Pg. 34
CESSATION SUPPORT
Smokefree.gov
Kick it California: (800-300-8086)
Aria Community Health Centers
September 11, 2025 Pg. 35
CONTACT
331 W 7th St, Hanford, CA tobaccofreekings.org [email protected] Celeste Ramos
Program Manager
[email protected]
(559) 430-6343
September 11, 2025 Pg. 36
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 10. C
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Director
DATE: September 11th, 2025
RE: Consider Entering an Agreement with Cal.Net for Construction and Contracting of Internet Services.
BACKGROUND:
As the Council and community have observed firsthand, while Avenal now has access to high-speed internet, the service is not always reliable—especially when multiple users are online concurrently, which bogs down the system. Additionally, during periods of inclement weather or when traditional services fail, full internet blackouts can occur.
Over the past three years, City Staff have explored options for improving local internet infrastructure and even considered the possibility of the City becoming its own Internet Service Provider (ISP). One path explored included working with Reef-Sunset Unified School District (RSUSD) to lease dark fiber from their network or to piggyback off their infrastructure. Unfortunately, due to federal FCC regulations, this model is not permissible for municipal use.
Concurrently, the City’s IT Department has worked extensively with various providers—including AT&T, Spectrum, and now Cal.Net—while attending workshops focused on last-mile fiber and broadband grant opportunities, to identify sustainable and scalable internet solutions.
INFORMATION:
Charter’s acquisition of Time Warner Cable in 2016 has proven itself quite beneficial to the needs of both the governing agency and residents alike, bringing speeds far beyond what AT&T’s aging DSL copper-based connections are capable of. However, the technology is limited by the last-step coax cabling used. As the inter-connectivity needs of the City become ever-more demanding, we have approached the limits of what this coax-based broadband can provide for us. This has become even more apparent with the connectivity needs of the Police Department requiring data be pushed to outside agencies quickly and reliably. The City also recognizes the need for a service with its own redundancy as evident by the interconnectivity needs between City Hall, Water, Waste Water, and all our recreational sites.
Staff has reached out to three available Internet Service Providers, AT&T, Charter Spectrum, and Cal.net for quotes on infrastructure overhauls to alleviate the upspeed transmission issues. Spectrum could not guarantee a service agreement. Their proposal was included for sake of completion.
September 11, 2025 Pg. 37
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 10. C
AT&T Spectrum Cal.net
Broadband
Technology
Direct Fiber Direct Fiber Last Mile Microwave
Speeds proposed -500mbps
symmetrical,
-100mbsp symmetrical
-200mbps down/
200mbps up
-500mbps symmetrical
-100mbps symmetrical
Sites Covered,
500mbps symmetrical
speeds
-City Hall
-Police Department
-Public Works
Yard/Community
Center
-Police Department
(200mbps)
-City Hall
-Theater
-Police Department
-Community Center
Park
-Veterans Hall
-Recreation Center
Sites Covered,
100mbps symmetrical
speeds
-Recreation Center
-Waste Water
-Water Treatment
-Waste Water
-Water Treatment
-Scout House
-Boxing Club
-Skate Park
-Neighborhood Park
-Historic Downtown
-Skyline Blvd
Contract Term Length 60 Months 60 Months 60 Months
Additional Features -Layer 3 Managed
Switching for ease of
ISP level site-to-site
networking
-Static IP Addresses
per site
-5 Static IPs per site -Static IPs per site.
-
Monthly Cost $4,907.12 (pre-tax)
One Time Costs $294,427.20 $100,000 per new site
(estimate)
$220,000
CURRENT PROPOSAL:
After thorough vetting of proposals from AT&T, Spectrum, and Cal.Net, Staff recommends entering a partnership with Cal.Net, whose hybrid “last-mile airwave” solution offers the greatest long-term benefits for the City of Avenal.
Cal.Net’s infrastructure will include dual redundancy through:
- Primary fiber access entering town from the I-5 corridor, and - Backup connectivity routed through Coalinga.
This dual-path system ensures consistent uptime, a critical requirement for essential City operations, including the Avenal Police Department (APD), Water Treatment, and Wastewater facilities. The upgraded network will deliver:
- Tenfold increases in upload bandwidth,
- Reliable interconnectivity across all City sites, and - Non-stop connectivity crucial for SCADA systems, emergency response, and administrative operations.
September 11, 2025 Pg. 38
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 10. C
PUBLIC WI-FI MESH NETWORK
A unique component of the Cal.Net partnership is the deployment of a public Wi-Fi mesh network.
This turn-key system will offer free, reliable internet access across:
- All City-owned public facilities, and
- Public corridors along Kings Street and Skyline Blvd.
City Staff strongly believes that this service will be a significant public benefit—especially for families, students, and residents who lack consistent access through traditional providers. It also serves as a backup connectivity option during emergencies or system-wide outages.
In addition, this infrastructure will eliminate the City’s need to pay for LTE-based service plans for:
- Digital signage, and
- Surveillance cameras,
as these devices will instead connect directly to the Cal.Net wireless backbone.
FUTURE PLANS AND SCALABILITY
Beyond the current scope, the City envisions expanding the partnership with Cal.Net to support longterm goals in smart city and IoT (Internet of Things) integration. Planned next-phase enhancements include:
- Door access control systems at City facilities,
- Security camera coverage for all public buildings,
- Integration of antennas as the backbone for future wireless meter deployments, reducing the need for separate LTE chips per meter, and
- Possible expansion through Wi-Fi bridges to 7th Avenue and San Joaquin, further extending surveillance infrastructure.
These strategic enhancements reflect the City’s intent to modernize its digital infrastructure comprehensively and affordably.
COST ANALYSIS AND VALUE PROPOSITION
While the initial construction cost is approximately $200,000, this is mitigated by several critical factors:
- 5-Year Price Guarantee: Locking in stable monthly rates for the entire term. - Option for Renewal: A secondary 5-year term can be negotiated. - Facility Leasing Revenue: Cal.Net will lease space at the Hospital Site and Community Recreation Center for antennas at $600 per site.
- Expanded Community Access: This project opens the door for new residential and commercial internet options for the broader Avenal community.
Cal.Net previously presented their proposal to the Council in April 2025, with this current agreement reflecting refined terms and an implementation-ready scope.
ATTACHMENTS:
• Vendor Proposals
• Final Agreements
• Product Specification Sheets
September 11, 2025 Pg. 39
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 10. C
FISCAL IMPACT:
The total $200,000 construction cost will be divided among departments based on benefit and infrastructure support:
- Water Department: $75,000
- Wastewater Department: $75,000
- General Fund (for City Hall/PD): $50,000
- Public Wi-Fi Component: $20,000 (Already budgeted under IT’s Professional Services line item for FY 25–26)
This distribution ensures that all participating departments are contributing proportionately to a shared citywide asset. The investment is fully budgeted and aligned with the City’s infrastructure modernization priorities.
RECOMMENDATION:
Staff recommends that the Council, by Resolution 2025-_42_ authorize the City Manager to enter into a sixty (60) month lease agreement with Cal.Net, including construction of the internet infrastructure, public Wi-Fi deployment, and ongoing service provision.
This partnership represents a major leap forward in technology, reliability, and connectivity for Avenal’s future.
September 11, 2025 Pg. 40
1 of 2
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF AVENAL
AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH
CAL.NET FOR INTERNET
INFRASTRUCTURE UPGRADES,
ANTENNA INSTALATION AND LEASING,
AND PUBLIC WI-FI INSTALLATION
RESOLUTION 2025-_42__
WHEREAS, the City of Avenal recognizes that reliable, high-speed internet is essential for City operations, public safety, and community access; and WHEREAS, while broadband access in Avenal has improved, existing infrastructure continues to experience reliability issues, particularly during high-demand periods and inclement weather; and
WHEREAS, over the past three years, City Staff have explored multiple options to improve internet reliability, including consultations with AT&T, Spectrum, and Cal.Net, as well as regulatory reviews with RSUSD and the FCC; and WHEREAS, Cal.Net has proposed a robust hybrid solution that includes redundant internet paths via fiber from I-5 and backup through Coalinga, dramatically increasing upload speed, inter-site connectivity, and reliability for critical departments such as APD, Water, and Wastewater; and
WHEREAS, a key benefit of the agreement includes a turn-key Public Wi-Fi Mesh Network across City public spaces, Skyline Blvd, and Kings Street, benefiting community members and reducing the City's LTE-related costs for digital signage and surveillance infrastructure; and
WHEREAS, the proposed agreement provides a 5-year price lock, includes optional 5-year extension, and will open up new broadband access opportunities for the community; and
WHEREAS, the City will receive antenna lease revenue from Cal.Net for facilities used in the deployment of service, as identified in the agreements; and WHEREAS, Staff has budgeted and apportioned the $220,000 construction cost among the Water Fund, Wastewater Fund, General Fund (for PD and City Hall), and IT Department (for public Wi-Fi); and
September 11, 2025 Pg. 41
2 of 2
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 September 11, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARIA A. ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL Hereby:
1. Found the Recitals above are found to be true and correct.
2. Authorizes the City Manager to enter into a sixty (60) month lease agreement with Cal.Net for the construction and provision of internet services, leasing of identified City properties for antenna placement and other internet equipment, including public Wi-Fi infrastructure.
3. Authorize the City Manager and relevant city staff to conduct the terms and conditions of this resolution and take all proper steps necessary and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
September 11, 2025 Pg. 42
City of Avenal and Cal.net Partnership
09/10/2025
Cal.net Overview
▶ Corporate Headquarters in Shingle Springs
▪ Over 30 years of delivering connectivity solutions
▪ TV, Phone, Internet and Back-up solutions
▪ Residential, Business and Govt entities
▪ Offices throughout the Central Valley
▪ Last-Mile Internet Provider (Fiber and Fixed Wireless) ▪ We are a CLEC and provide service in more than
27 Counties in California with service expanding
▶ State and Federal Grants awarded
▪ CPUC grants, NTIA grant, ARPA Grants and CAF2
grants
▶ Microsoft Airband partner focused on bringing
benefits to rural & underserved communities
with a focus on AgTech
Products & Services offered by Cal.net
We offer standard broadband internet packages up to
1Gbps for both residents and businesses.
Telephone – Voice services from simple residential to
complex enterprise grade solutions.
Television – We offer TV with local channels
Backup Internet – LTE, 5G failover service for mission
critical business
IOT Connectivity – Next generation solutions to manage, simplify and control anything that can be connected, such as AgTech, City infrastructe etc innovation.
City of Avenal ask of Cal.net
List of Specific Needs
▶ Deliver service to 15 sites throughout the City
of Avenal
▶ Redundant paths into the city to improve
connectivity up-time to city and its residences
▶ Deploy Wi-Fi in several key areas where
residents can utilize Wi-Fi while there are in the
main downtown area and at select parks and
recreational facilities within the City of Avenal
Cal.net Solution for the City of Avenal
▶ Cal.net is proposing to build 2 towers
o Community Center and Police Department
o With backup in the event of power outages
▶ We will have redundant fiber connectivity feeds
o SVI in Sacramento
o Equinix in San Jose
▶ Next Generation wireless equipment on our
towers delivering up to 1Gbps
▶ Ability to build fiber in new developments within
the city
▶ Tower Dispatch 24/7/365
Cost and Delivery Timeframe
▶ Long lead time will be for Fiber
▪ Fiber can take 4-6 months
▶ Our plan is to build the 2 towers and the Wifi
network prior to the Fiber being delivered
▶ Testing will occur prior to the Fiber being
delivered
▶ Our hope is to have the network up and
running within 4-5 months after signing the
contract.
▶ Total Price for the Tower and WiFi builds
▪ $335,000
▶ City of Avenal to Pay $220,000
▶ Cal.net will contribute $115,000
▪ City to provide Cal.net 2 locations for towers to
be installed
▪ City to allow Cal.net to advertise on certain city
mediums to Avenal city residents
▪ Cal.net to deliver service to 15 locations for a
discounted price of $3,500 per month
Proposed Residential and Business Pricing
▶ Monthly price does not include taxes and fees
• Installation for Residential Voice will be waived if
done at the same time as Internet installation
Q&A
Option #2B
Presented to
$4,907.12
$150.00
60 Months
9/5/2025
To ask questions or place an order, contact:
Michael Muldoon Errick Smith
Senior Sales Executive AT&T Channel Manager
(608) 573-3001 (661) 609-8147
[email protected] [email protected]
$440.02
AT&T Service Proposal Presented By:
The above prices are based on current rates and do not include any applicable local, state or federal taxes or surcharges. The rates are subject to change without notice. This quote is subject to availability of facilities and valid until: 10/5/2025 Proposed Monthly Rate Before Taxes and Fees $4,907.12
Proposed Total Expenses Before Taxes and Fees Over 60 Months $294,427.20 Proposed Total Expenses Before Taxes and Fees Per Year $58,885.44 AT&T Switched Ethernet on Demand
500M X 500M Dedicated Connection
33115 Avenal Cutoff Road, Avenal, CA 93204 $440.02
919 Skyline Blvd, Avenal, CA 93204
317 E Alpine Street, Avenal, CA 93204 $755.02
$755.02
1284 Hydril Road, Avenal, CA 93204 $755.02
100M X 100M Dedicated Connection
717 Monterey Street, Avenal, CA 93204
100 Effluent Way, Avenal, CA 93204 $440.02
PROPOSED MONTHLY SERVICES
Description Monthly Pricing
AT&T Dedicated Internet - 1 Gbps Connection - 919 Skyline Blvd $1,322.00 Date of Quote:
AT&T Switched Ethernet on Demand w/ Centralized Connection City of Avenal
Pricing-At-A-Glance Service Address
Monthly Recurring Charges
See Individual Address Details Below One-Time Charges
Contract Term
September 11, 2025 Pg. 43
AT&T MA Reference No. eMSA UA III
AT&T PS Contract ID SDNTLTXP00
AT&T SWITCHED ETHERNETSM SERVICE (with NETWORK ON DEMAND)
PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS
AT&T and Customer Confidential Information
UA required
ROME ID: 1-TLTXP00
ASE_NoD_PS_3PA PS v051425
AT&T Solution No. SDN757094035517
Please sign by 10/05/2025
Customer AT&T
City of Avenal
Street Address: 919 SKYLINE BLVD
City:AVENAL State/Province:CA
Zip Code: 93204-1820 Country: USA
AT&T Enterprises, LLC
Customer Contact (for Notices) AT&T Contact (for Notices) Name: Anthony Lopez
Title: Manager
Street Address: 919 SKYLINE BLVD
City: AVENAL
State/Province: CA
Zip Code: 93204-1820
Country: USA
Telephone: (559) 383-8003
Email: [email protected]
Name:
Street Address:
City: State/Province:
Zip Code: Country: USA
Telephone:
Email:
Sales/Branch Manager:
SCVP Name:
Sales Strata: : Sales Region:
With a copy (for Notices) to:
AT&T
208 S. Akard Street
Dallas, TX 75202
ATTN: Master Agreement Support Team
Email: [email protected]
AT&T Solution Provider or Representative Information (if applicable) Name: Kurt Hahn Company Name: CC3 Solutions, LLC (RO)
Agent Street Address: 13075 MANCHESTER RD City: ST LOUIS State: MO Zip Code: 63131 Country: USA Telephone: 3147485611 Fax: Email: [email protected] Agent Code: 52644 This Pricing Schedule for the service(s) identified below (“Service”) is part of the Agreement referenced above. Customer requests that its identity be kept confidential and not be publicly disclosed by AT&T or by any regulatory commission, unless required by law.
Customer (by its authorized representative) AT&T (by its authorized representative) By: By:
Printed or Typed
Name:
Printed or Typed
Name:
Title: Title:
Date: Date:
For AT&T internal use only: Contract Ordering and Billing Number (CNUM):
Contract Id: 5261669
Signature Not Required on this Page - Refer to
Customer Signature Page Contract ID 5261670
September 11, 2025 Pg. 44
AT&T MA Reference No. eMSA UA III
AT&T PS Contract ID SDNTLTXP00
AT&T SWITCHED ETHERNETSM SERVICE (with NETWORK ON DEMAND)
PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS
AT&T and Customer Confidential Information
UA required
ROME ID: 1-TLTXP00
ASE_NoD_PS_3PA PS v051425
AT&T Solution No. SDN757094035517
1. SERVICES
Service Service Publication Location
AT&T Switched Ethernet ServiceSM https://cpr.att.com/pdf/commonEthServGuide.html AT&T Switched Ethernet ServiceSM Third-Party
Access (3PA) https://serviceguidenew.att.com/sg_flashPlayerPage/ASE3PA AT&T Switched Ethernet ServiceSM (TCAL) https://serviceguidenew.att.com/sg_flashPlayerPage/ASE Network on Demand https://cpr.att.com/pdf/publications/NOD_Guide.pdf AT&T Inside Wiring https://cpr.att.com/pdf/publications/ASE_Inside_Wiring_Service_Guide_Attachment.pdf AT&T Entrance Facility Construction https://cpr.att.com/pdf/service_publications/EFC_Attachment.pdf AT&T Managed Switched Ethernet on
DemandSM http://serviceguidenew.att.com/sg_flashPlayerPage/AMSEOD
2. PRICING SCHEDULE TERM, EFFECTIVE DATES
Pricing Schedule Term 60 months
Start Date of Minimum Payment Period, per Service
Component Later of the Effective Date or installation of the Service Component Rate Stabilization per Service Component Rates as specified in this Pricing Schedule for each Service Component are stabilized until the end of the Pricing Schedule Term
3. MINIMUM PAYMENT PERIOD
Service Components Percentage of Monthly Recurring Charge Applied for Calculation of Early Termination Charges*
Minimum Payment Period
per Service Component
All other Service Components 50% plus any unpaid or waived non-recurring charges 60 months
* Early termination charges shall not exceed the total amount of monthly recurring charges for the remainder of the Minimum Payment Period; refer to Network on Demand Guide for details.
3.1. Minimum Payment Period – Calculation of Early Termination Charges For services purchased through Network on Demand, the “Monthly Recurring Charge” used for the purposes of computing any applicable termination liability (early termination charges) under the relevant service publication or the customer’s master agreement is determined as follows: (i) the total Monthly Recurring Charges payable for the terminated service for the three months prior to the date of termination (or such shorter period as the terminated service had been installed if terminated less than three months after installation), divided by (ii) the number of days in such period, times (iii) 30 days. The Minimum Payment Period for CIR, CoS, or CIR and CoS Packages are coterminous with the Minimum Payment Period of the associated Customer Port Connection; however, early termination charges are not incurred as a result of changes to CIR, CoS, or CIR and CoS Packages while the associated Customer Port Connection is still in service.
4. ADDS
AT&T Switched Ethernet Service Customer Port Connections may be purchased (where available using the Network on Demand process) during the Pricing Schedule Term at the rates, terms and conditions herein.
5. RATES and CHARGES
Contract Id: 5261669
September 11, 2025 Pg. 45
AT&T MA Reference No. eMSA UA III
AT&T PS Contract ID SDNTLTXP00
AT&T SWITCHED ETHERNETSM SERVICE (with NETWORK ON DEMAND)
PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS
AT&T and Customer Confidential Information
UA required
ROME ID: 1-TLTXP00
ASE_NoD_PS_3PA PS v051425
AT&T Solution No. SDN757094035517
After the Pricing Schedule Term, Service will continue month-to-month at the prices, terms and conditions then in effect. AT&T may change such prices, terms or conditions on 30 days’ prior notice. Customer’s existing Services and Services that Customer orders under this Pricing Schedule auto-renew monthly until terminated and will be charged at the rates and any discounts set forth in this Pricing Schedule or, if there are no such rates or discounts, at the Service Publication rates. To avoid further service charges, Customer must provide AT&T at least 30 days’ written notice (unless the Service Publication specifies a different period) of its intention to terminate a Service or Service Component.
Customer also may provide such notice by accessing https://businesscenter.att.com/ebiz/ebcsupport/v2/index.html#/disconnect. Any termination before the end of an applicable minimum payment period or minimum retention period may result in the application of an early termination charge.
I consent to the above disclosures.
5.1. AT&T SWITCHED ETHERNET SERVICE – 21-State AT&T ILEC Footprint
5.1.1. Monthly Recurring Charges (MRCs)
All Monthly Recurring Charges (MRCs) apply per Customer Port Connection. The total MRC for a Customer Port Connection is the sum of the Customer Port Connection MRC, the Committed Information Rate MRC, and any associated feature MRC(s).
5.1.2 Customer Port Connection MRC
Customer Port Connection
Port Type Customer Port Connection Speed 60-month Term MRC 100 Mbps $189.76
Basic Port 1 Gbps $189.76
10 Gbps $1074.00
100 Mbps $189.75
PPCoS Port 1 Gbps $189.75
10 Gbps $1074.00
Contract Id: 5261669
September 11, 2025 Pg. 46
AT&T MA Reference No. eMSA UA III
AT&T PS Contract ID SDNTLTXP00
AT&T SWITCHED ETHERNETSM SERVICE (with NETWORK ON DEMAND)
PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS
AT&T and Customer Confidential Information
UA required
ROME ID: 1-TLTXP00
ASE_NoD_PS_3PA PS v051425
AT&T Solution No. SDN757094035517
5.1.2.1. Bandwidth MRC
Bandwidth MRC – 60-month CIR
Class of Service (CoS)
Committed
Information Rate
(CIR)
Non Critical High Business Critical
Medium
Business Critical
High Interactive Real Time
2 Mbps $130.74 $135.24 $162.29 $191.59 $207.37
4 Mbps $155.66 $160.23 $187.70 $212.88 $228.90
5 Mbps $169.30 $177.17 $196.85 $216.54 $232.29
8 Mbps $185.72 $192.72 $208.49 $222.51 $238.28
10 Mbps $105.25 $110.25 $135.26 $160.25 $175.26
20 Mbps $120.24 $130.24 $155.25 $175.26 $190.25
50 Mbps $215.26 $225.26 $250.26 $275.26 $300.27
100 Mbps $235.26 $250.26 $275.24 $295.24 $320.25
150 Mbps $435.84 $457.47 $478.43 $499.05 $535.65
250 Mbps $435.25 $455.26 $520.25 $580.24 $625.28
400 Mbps $545.27 $572.78 $637.50 $702.22 $753.99
500 Mbps $565.26 $595.25 $650.23 $710.24 $760.29
600 Mbps $669.92 $703.10 $777.36 $829.50 $887.96
1000 Mbps $565.26 $595.23 $650.26 $710.29 $760.22
2000 Mbps $236.03 $251.02 $300.97 $351.02 $401.01
2500 Mbps $792.70 $823.50 $846.05 $868.60 $917.00
4000 Mbps $942.00 $981.52 $1009.18 $1036.86 $1100.10
5000 Mbps $655.97 $675.99 $750.95 $800.96 $900.94
7500 Mbps $1660.97 $1738.34 $1792.49 $1846.65 $1970.44
9500 Mbps $2195.53 $2301.03 $2374.88 $2448.74 $2617.53
10000 Mbps $1575.89 $1626.11 $1775.96 $1876.04 $2026.10 Contract Id: 5261669
September 11, 2025 Pg. 47
AT&T MA Reference No. eMSA UA III
AT&T PS Contract ID SDNTLTXP00
AT&T SWITCHED ETHERNETSM SERVICE (with NETWORK ON DEMAND)
PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS
AT&T and Customer Confidential Information
UA required
ROME ID: 1-TLTXP00
ASE_NoD_PS_3PA PS v051425
AT&T Solution No. SDN757094035517
5.1.2.2. Bandwidth MRC for 100 Mbps
Bandwidth MRC - 60-month CIR (for 100 Mbps Customer Port Connections) Per Packet Class of Service (PPCoS)
Committed
Information Rate
(CIR)
Business Data Critical Data Multimedia Standard Multimedia High 2 Mbps $130.73 $135.24 $191.59 $207.37
4 Mbps $155.65 $160.23 $212.88 $228.90
5 Mbps $169.29 $177.17 $216.54 $232.28
8 Mbps $185.71 $192.72 $222.50 $238.27
10 Mbps $195.24 $204.69 $267.67 $286.56
20 Mbps $220.50 $230.76 $282.04 $302.55
50 Mbps $258.82 $270.70 $323.52 $348.61
100 Mbps $307.00 $323.16 $377.02 $403.95
5.1.2.3. Bandwidth MRC for 1 Gbps
Bandwidth MRC - 60-month CIR (for 1 Gbps Customer Port Connections) Per Packet Class of Service (PPCoS)
Committed
Information Rate
(CIR)
Business Data Critical Data Multimedia Standard Multimedia High 2 Mbps $130.73 $135.24 $191.59 $207.37
4 Mbps $155.65 $160.23 $212.88 $228.90
5 Mbps $169.29 $177.17 $216.54 $232.28
8 Mbps $185.71 $192.72 $222.50 $238.27
10 Mbps $195.24 $204.69 $267.67 $286.56
20 Mbps $220.50 $230.76 $282.04 $302.55
50 Mbps $258.82 $270.70 $323.52 $348.61
100 Mbps $307.00 $323.16 $377.02 $403.95
150 Mbps $435.84 $457.46 $499.05 $535.65
250 Mbps $493.65 $518.33 $649.97 $697.69
400 Mbps $545.27 $572.77 $702.21 $753.99
500 Mbps $579.92 $608.76 $736.92 $791.39
600 Mbps $669.92 $703.10 $829.50 $887.96
1000 Mbps $769.06 $808.29 $933.85 $1001.34
Contract Id: 5261669
September 11, 2025 Pg. 48
AT&T MA Reference No. eMSA UA III
AT&T PS Contract ID SDNTLTXP00
AT&T SWITCHED ETHERNETSM SERVICE (with NETWORK ON DEMAND)
PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS
AT&T and Customer Confidential Information
UA required
ROME ID: 1-TLTXP00
ASE_NoD_PS_3PA PS v051425
AT&T Solution No. SDN757094035517
5.1.2.4. Bandwidth MRC for 10 Gbps
Bandwidth MRC - 60-month CIR (for 10 Gbps Customer Port Connections) Per Packet Class of Service (PPCoS)
Committed
Information Rate
(CIR)
Business Data Critical Data Multimedia Standard Multimedia High 1000 Mbps $769.06 $808.29 $933.85 $1001.34
2000 Mbps $592.74 $613.88 $643.84 $675.55
2500 Mbps $792.70 $823.50 $868.60 $917.00
4000 Mbps $942.00 $981.52 $1036.86 $1100.10
5000 Mbps $1105.63 $1153.77 $1221.16 $1298.18
7500 Mbps $1660.97 $1738.34 $1846.65 $1970.44
9500 Mbps $2195.53 $2301.03 $2448.74 $2617.53
10000 Mbps $2275.33 $2385.03 $2538.61 $2714.14
5.1.2.5. Feature MRC
Feature MRC
Enhanced Multicast $70.00
5.1.3. Non Recurring Charges (NRCs)
Standard Non-Recurring Charges (NRCs) for installation of new Customer Port Connections, per the applicable Service Publication, will be waived.
5.1.4. Additional Charges
Charges for additional Service options may apply per Service Publication. Charges for special construction, if needed, may also apply.
5.2. AT&T SWITCHED ETHERNET℠ SERVICE THIRD PARTY ACCESS (3PA) - Outside 21-State AT&T ILEC Footprint
5.2.1. Monthly Recurring Charges (MRCs)
All Monthly Recurring Charges (MRC) apply per Customer Port Connection. The total MRC for a Customer Port Connection is the sum of the Third-Party Access connection, local mileage MRC, the bandwidth MRC, and any associated feature MRC(s). Availability, Price Group and Access Mileage Group associated with Third-Party Access are subject to change, based on the availability and pricing of access connections from the third-party providers. The Price Group and Access Mileage Group applicable to each Customer location are determined at the time of Customer’s order.
5.2.1.1. Third-Party Local Switched Access Connection MRC 60-month Term - Third-Party Local Switched Access Connection MRC Price Group 1 - 7 Price Groups Port Connection
Speed
Price
Group 1
Price
Group 2
Price
Group 3
Price
Group 4
Price
Group 5
Price
Group 6
Price
Group 7
2 Mbps $231.29 $231.29 $446.27 $270.06 $287.63 $270.06 $270.06 4 Mbps $244.29 $244.29 $469.17 $293.02 $293.02 $263.64 $263.64 5 Mbps $273.79 $273.79 $480.80 $304.69 $304.69 $304.69 $480.81 8 Mbps $316.29 $316.29 $619.65 $319.80 $347.30 $386.46 $386.46 Contract Id: 5261669
September 11, 2025 Pg. 49
AT&T MA Reference No. eMSA UA III
AT&T PS Contract ID SDNTLTXP00
AT&T SWITCHED ETHERNETSM SERVICE (with NETWORK ON DEMAND)
PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS
AT&T and Customer Confidential Information
UA required
ROME ID: 1-TLTXP00
ASE_NoD_PS_3PA PS v051425
AT&T Solution No. SDN757094035517
10 Mbps $345.29 $345.29 $615.67 $264.70 $343.32 $264.70 $615.67 20 Mbps $402.29 $402.29 $624.66 $305.98 $386.01 $305.98 $624.66 50 Mbps $505.96 $505.96 $823.57 $363.10 $502.08 $363.10 $823.57 100 Mbps $744.67 $744.67 $942.20 $439.62 $594.04 $439.62 $942.20 150 Mbps $880.00 $880.00 $1267.86 $497.13 $821.43 $616.46 $616.46 250 Mbps $1021.52 $1021.52 $1228.66 $457.93 $782.22 $687.48 $687.48 400 Mbps $1124.00 $1124.00 $1372.94 $517.98 $703.30 $589.58 $1488.06 500 Mbps $1166.66 $1166.66 $1448.86 $550.38 $723.05 $550.38 $1448.86 600 Mbps $1300.00 $1300.00 $1428.38 $730.65 $730.65 $730.65 $1428.38 1000 Mbps $1311.00 $1311.00 $1446.59 $611.28 $739.04 $667.44 $1446.59 Customer locations may qualify for service but fall outside of the Price Groups in this table. Customer must contact AT&T for custom pricing and sign a separate contract for service to those locations. 60-month Term - Third-Party Local Switched Access Connection MRC Price Group 8 - 14 Price Groups Port Connection
Speed Price
Group 8
Price
Group 9
Price
Group 10
Price
Group 11
Price
Group 12
Price
Group 13
Price
Group 14
2 Mbps $520.76 $304.69 $446.27 $429.42 $270.06 $642.55 $340.97 4 Mbps $520.76 $304.69 $469.17 $427.05 $293.02 $642.55 $356.86 5 Mbps $520.76 $304.69 $483.80 $424.65 $304.69 $642.55 $362.88 8 Mbps $525.95 $270.68 $619.65 $563.50 $319.80 $770.35 $389.41 10 Mbps $525.95 $270.68 $621.65 $559.51 $278.74 $770.35 $455.63 20 Mbps $677.69 $317.95 $636.62 $762.24 $460.41 $898.15 $605.01 50 Mbps $776.02 $393.01 $853.48 $924.65 $573.68 $1093.40 $927.46 100 Mbps $1093.80 $499.45 $1002.04 $1071.36 $790.59 $1299.30 $1020.82 150 Mbps $1243.15 $828.91 $1267.86 $1514.94 $1023.58 $1686.25 $1040.43 250 Mbps $1433.85 $828.91 $1228.66 $1475.74 $984.38 $1686.25 $1136.00 400 Mbps $1676.57 $828.91 $1727.39 $1747.78 $1186.23 $1945.40 $1146.92 500 Mbps $1823.26 $849.54 $1748.02 $1708.57 $1147.02 $1945.40 $1152.64 600 Mbps $2025.06 $1089.65 $1787.37 $1909.90 $1348.35 $2204.55 $1104.08 1000 Mbps $2706.06 $1265.78 $2044.93 $1790.54 $1228.99 $2595.05 $1111.06 Customer locations may qualify for service but fall outside of the Price Groups in this table. Customer must contact AT&T for custom pricing and sign a separate contract for service to those locations. 60-month Term - Third-Party Local Switched Access Connection MRC Price Group 15 - 21 Price Groups Port Connection
Speed Price
Group 15
Price
Group 16
Price
Group 17
Price
Group 18
Price
Group 19
Price
Group 20
Price
Group 21
2 Mbps $567.04 $254.09 $304.69 $270.06 $378.25 $270.06 $270.06 4 Mbps $567.04 $268.37 $304.69 $293.02 $378.25 $293.02 $293.02 5 Mbps $567.04 $300.78 $304.69 $236.07 $378.25 $304.69 $309.88 8 Mbps $708.12 $347.47 $452.88 $319.80 $392.36 $319.80 $377.24 10 Mbps $708.12 $379.33 $452.88 $264.70 $392.36 $336.67 $508.37 20 Mbps $756.22 $441.96 $743.09 $305.98 $461.71 $396.54 $597.05 50 Mbps $839.42 $555.84 $1408.18 $363.10 $636.73 $537.93 $878.04 100 Mbps $957.04 $818.09 $1835.50 $439.62 $766.55 $635.50 $1018.18 150 Mbps $1276.48 $966.76 $2506.14 $497.13 $818.30 $727.23 $1031.86 250 Mbps $1276.48 $1122.23 $3881.44 $457.93 $818.30 $718.21 $1067.24 400 Mbps $1276.48 $1234.82 $3881.44 $589.58 $818.30 $661.17 $1058.60 500 Mbps $1417.78 $1281.69 $4339.89 $550.38 $818.30 $637.12 $1051.12 Contract Id: 5261669
September 11, 2025 Pg. 50
AT&T MA Reference No. eMSA UA III
AT&T PS Contract ID SDNTLTXP00
AT&T SWITCHED ETHERNETSM SERVICE (with NETWORK ON DEMAND)
PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS
AT&T and Customer Confidential Information
UA required
ROME ID: 1-TLTXP00
ASE_NoD_PS_3PA PS v051425
AT&T Solution No. SDN757094035517
600 Mbps $1455.65 $1428.17 $6063.51 $730.65 $1162.71 $651.14 $1069.35 1000 Mbps $1622.07 $1440.25 $6063.51 $667.44 $1162.71 $757.78 $1341.80 Customer locations may qualify for service but fall outside of the Price Groups in this table. Customer must contact AT&T for custom pricing and sign a separate contract for service to those locations. 60-month Term - Third-Party Local Switched Access Connection MRC Price Group 22 - 28 Price Groups Port Connection
Speed Price
Group 22
Price
Group 23
Price
Group 24
Price
Group 25
Price
Group 26
Price
Group 27
Price
Group 28
2 Mbps $270.06 $249.57 $218.40 $218.40 $249.57 $270.06 $249.57 4 Mbps $293.02 $263.64 $300.30 $300.30 $263.64 $263.64 $294.99 5 Mbps $304.69 $290.73 $323.70 $323.70 $290.73 $236.07 $343.03 8 Mbps $319.80 $359.81 $370.50 $370.50 $257.56 $386.46 $386.46 10 Mbps $313.09 $385.63 $390.00 $390.00 $257.56 $236.07 $389.62 20 Mbps $379.91 $751.42 $460.20 $460.20 $304.43 $255.15 $537.38 50 Mbps $470.33 $974.78 $612.30 $612.30 $490.63 $300.24 $615.30 100 Mbps $558.00 $1578.76 $834.60 $834.60 $633.05 $356.21 $635.91 150 Mbps $617.07 $3635.69 $975.00 $975.00 $640.01 $616.46 $812.39 250 Mbps $653.65 $5129.95 $1119.30 $1119.30 $687.48 $687.48 $1015.40 400 Mbps $643.49 $5129.95 $1271.40 $1271.40 $687.48 $458.97 $1015.40 500 Mbps $624.49 $5791.87 $1357.20 $1357.20 $703.01 $470.83 $1015.40 600 Mbps $601.74 $6532.00 $1501.50 $1501.50 $692.33 $466.82 $919.64 1000 Mbps $577.53 $7206.50 $1817.40 $1817.40 $779.25 $527.00 $919.64 Customer locations may qualify for service but fall outside of the Price Groups in this table. Customer must contact AT&T for custom pricing and sign a separate contract for service to those locations. 60-month Term - Third-Party Local Switched Access Connection MRC Price Group 29 - 30 Price Groups Port Connection Speed Price Group 29 Price Group 30 2 Mbps $403.00 $756.07
4 Mbps $437.36 $833.54
5 Mbps $440.00 $897.87
8 Mbps $445.00 $1009.83
10 Mbps $450.00 $1134.86
20 Mbps $550.00 $1390.09
50 Mbps $707.08 $1699.89
100 Mbps $899.73 $2164.20
150 Mbps $982.06 $2500.00
250 Mbps $1200.00 $3384.11
400 Mbps $1369.24 $3600.00
500 Mbps $1403.09 $4030.63
600 Mbps $1800.00 $5500.00
1000 Mbps $1999.00 $5636.21
Customer locations may qualify for service but fall outside of the Price Groups in this table. Customer must contact AT&T for custom pricing and sign a separate contract for service to those locations.
Contract Id: 5261669
September 11, 2025 Pg. 51
AT&T MA Reference No. eMSA UA III
AT&T PS Contract ID SDNTLTXP00
AT&T SWITCHED ETHERNETSM SERVICE (with NETWORK ON DEMAND)
PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS
AT&T and Customer Confidential Information
UA required
ROME ID: 1-TLTXP00
ASE_NoD_PS_3PA PS v051425
AT&T Solution No. SDN757094035517
5.2.1.2. Third-Party Local Switched Access Mileage MRC
60-month Term - Third Party Local Switched Access Mileage MRCs Price Groups Mileage A Mileage B Port Connection Speed Fixed Per Mile Fixed Per Mile 2 Mbps - 1000 Mbps N/A $110.05 N/A $110.05
Applicability of mileage will be determined during address qualification.
5.2.1.3. Third-Party Local Dedicated Access Connection MRC 60-month Term - Third Party Local Dedicated Access Connection MRC Price Groups 1 - 7 Price Groups
Port Connection Speed Price
Group 1
Price
Group 2
Price
Group 3
Price
Group 4
Price
Group 5
Price
Group 6
Price
Group 7
2 Mbps - 50 Mbps $315.00 $885.00 $885.00 $1200.00 $1650.00 $2050.00 $2450.00 >50 Mbps - 100 Mbps $420.00 $1320.00 $1320.00 $1500.00 $3000.00 $4000.00 $6550.00 >100 Mbps - 250 Mbps $420.00 $1320.00 $1320.00 $1500.00 $3000.00 $4000.00 $6550.00 >250 Mbps - 500 Mbps $478.80 $1800.00 $1800.00 $2750.00 $3500.00 $4600.00 $7000.00 >500 Mbps - 600 Mbps $630.00 $3098.00 $3098.00 $4500.00 $5650.00 $7200.00 $7800.00 1000 Mbps $120.70 $3438.00 $1980.90 $5500.00 $6958.33 $9250.00 $9576.44 Customer locations may qualify for service but fall outside of the Price Groups in this table. Customer must contact AT&T for custom pricing and sign a separate contract for service to those locations.
5.2.1.4. Third-Party Local Dedicated Access Mileage MRC 60-month Term - Third-Party Local Dedicated Access Mileage MRC Price Groups Port Mileage A Mileage B Mileage C Mileage D
Connection
Speed Fixed Per Mile Fixed Per Mile Fixed Per Mile Fixed Per Mile 2 Mbps - 50
Mbps $189.85 $6.75 N/A N/A $315.95 $29.11 $315.95 $29.11 >50 Mbps -
100 Mbps $277.97 $9.02 N/A N/A $397.60 $36.21 $397.60 $36.21 >100 Mbps -
250 Mbps $277.97 $11.29 N/A N/A $397.60 $51.12 $397.60 $51.12 >250 Mbps -
500 Mbps $518.66 $16.97 N/A N/A $727.75 $94.43 $727.75 $94.43 >500 Mbps -
600 Mbps $822.61 $24.85 N/A N/A $1121.80 $203.06 $1121.80 $203.06 1000 Mbps $1296.11 $35.00 $202.35 $102.95 $2403.35 $348.61 $2403.35 $348.61 Applicability of mileage will be determined during address qualification.
Mileage charged may be fixed only, per mile only or both and will be determined by the Third-Party location Contract Id: 5261669
September 11, 2025 Pg. 52
AT&T MA Reference No. eMSA UA III
AT&T PS Contract ID SDNTLTXP00
AT&T SWITCHED ETHERNETSM SERVICE (with NETWORK ON DEMAND)
PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS
AT&T and Customer Confidential Information
UA required
ROME ID: 1-TLTXP00
ASE_NoD_PS_3PA PS v051425
AT&T Solution No. SDN757094035517
60-month Term - Third-Party Local Dedicated Access Mileage MRC Price Groups Port Mileage E Mileage F Mileage G
Connection
Speed Fixed Per Mile Fixed Per Mile Fixed Per Mile
2 Mbps - 50
Mbps N/A $61.77 N/A N/A N/A N/A
>50 Mbps - 100
Mbps N/A $66.74 N/A N/A N/A N/A
>100 Mbps -
250 Mbps N/A $69.58 N/A N/A N/A N/A
>250 Mbps -
500 Mbps N/A $98.69 N/A N/A N/A N/A
>500 Mbps -
600 Mbps N/A $139.87 N/A N/A N/A N/A
1000 Mbps N/A $155.49 N/A N/A N/A N/A
Applicability of mileage will be determined during address qualification.
Mileage charged may be fixed only, per mile only or both and will be determined by the Third-Party location
5.2.1.5. Third-Party Bandwidth MRC
Third-Party Bandwidth MRC — 60-month CIR
Committed Class of Service (CoS)
Information Rate
(CIR) Non Critical High Business Critical
Medium
Business Critical
High Interactive Real Time
2 Mbps $50.42 $51.98 $54.58 $57.17 $59.78
4 Mbps $52.38 $54.00 $56.70 $59.40 $62.10
5 Mbps $54.35 $56.03 $58.83 $61.63 $64.43
8 Mbps $55.66 $57.38 $60.25 $63.11 $65.99
10 Mbps $58.93 $60.75 $63.79 $66.83 $69.86
20 Mbps $65.48 $67.50 $70.88 $74.25 $77.63
50 Mbps $104.76 $108.00 $113.40 $118.80 $124.20
100 Mbps $157.14 $162.00 $170.10 $178.20 $186.30
150 Mbps $196.43 $202.50 $212.63 $222.75 $232.88
250 Mbps $229.16 $236.25 $248.06 $259.88 $271.69
400 Mbps $294.64 $303.75 $318.94 $334.13 $349.31
500 Mbps $327.38 $337.50 $354.38 $371.25 $388.13
600 Mbps $392.85 $405.00 $425.25 $445.50 $465.75
1000 Mbps $491.06 $506.25 $531.56 $556.88 $582.19
5.2.2. Additional Charges
Charges for associated features or additional Service options may apply per Service Publication.
Contract Id: 5261669
September 11, 2025 Pg. 53
AT&T MA Reference No. eMSA UA III
AT&T PS Contract ID SDNTLTXP00
AT&T SWITCHED ETHERNETSM SERVICE (with NETWORK ON DEMAND)
PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS
AT&T and Customer Confidential Information
UA required
ROME ID: 1-TLTXP00
ASE_NoD_PS_3PA PS v051425
AT&T Solution No. SDN757094035517
5.3. AT&T MANAGED SWITCHED ETHERNET ON DEMAND
5.3.1. Monthly Recurring Charges (MRCs)
AT&T Managed Switched Ethernet on Demand-Plus MRC – 60 month Managed Router* Committed Information Rate (CIR) MRC
100 Mbps < 100M $153.00
100M $153.00
< 100M $162.00
100M to 250M $307.00
>250M to 500M $307.00
1 Gbps
>500M to 1G $318.00
1G $370.00
>1G to 5G $547.00
10 Gbps
>5G to 10G $773.00
*Managed Router priced according to ASEoD port capacity.
6. SPECIAL TERMS, CONDITIONS or OTHER REQUIREMENTS
6.1. Special Conditions for 10 Gbps Customer Port Connections With respect to 10 Gbps Ports, Customer may use the Business Center Portal to order such Ports, to request and schedule changes to the CIR (subject to the port configurations shown in Attachment A, Table 2) or CoS of such Ports, or to establish or change EVCs associated with such Ports. Real Time Class of Service is not available for EVCs exceeding 1000 Mbps. EVCs exceeding 1000 Mbps are subject to network availability.
End of Document
Contract Id: 5261669
September 11, 2025 Pg. 54
Customer Signature Page
Customer AT&T
City of Avenal
Street Address: 919 SKYLINE BLVD
City: AVENAL
State/Province: CA
Zip Code: 93204-1820
Country: US
AT&T Enterprises, LLC or
the AT&T Affiliate(s) (AT&T) identified on Customer's applicable Pricing Schedule(s)
Customer Contact (for notices) AT&T Contact (for notices) Name: Anthony Lopez
Title: Manager
Street Address: 919 SKYLINE BLVD
City: AVENAL
State/Province: CA
Zip Code: 93204-1820
Country: US
Telephone: (559) 383-8003
Fax:
Email: [email protected]
Customer Account Number or Master Account:
Street Address:
City:
State/Province:
Zip Code:
Country:
AT&T Solution Provider or Representative Information (if applicable) Name: Kurt Hahn Company Name: CC3 Solutions, LLC
(RO)
Agent Street Address: 13421 Manchester Rd.
Suite 108
City: St Louis State: MO Zip Code: 63131 Country: United States
Telephone: 314-748-5611 Fax: Email:
[email protected]
Agent Code:
52644
Customer signature serves as a signature of each document listed below. Edits to appended documents, as originally presented by AT&T, are rejected. Listed documents become effective upon execution of all documents identified by Contract ID below.
Documents Appended: Contract IDs:
MASTER_AGREEMENT click here for details or http://serviceguide.att.com/masteragreement/ AT&T_NETWORK_ON_DEMAND_CONTRACT_ID_5261669.pdf 5261669
If Customer is purchasing Voice Over IP services, the following additional language applies:
The undersigned, on behalf of Customer, acknowledges that Customer has received and understands the advisories concerning the circumstances under which E911 service may not be available, as stated in the AT&T Business Voice over IP Services Service Guide found at http://serviceguidenew.att.com/sg_flashPlayerPage/BVOIP. Such circumstances include, but are not limited to, relocation of the end user’s CPE, use of a nonnative or virtual telephone number, failure in the broadband connection, loss of electrical power, and delays that may occur in updating the Customer’s location in the automatic location information database.
Customer
(by its authorized representative)
By:
Name:
Title:
Date:
AT&T and Customer Confidential Information
Handwritten Modifications Within Referenced Contract Documents are Void
Contract Id: 5261670
September 11, 2025 Pg. 55
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 1 of 5 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 12/19/2024
SERVICE ORDER
THIS SERVICE ORDER (“Service Order”), is executed and effective upon the date of the signature set forth in the signature block below (“Effective Date”) and is by and between Charter Communications Operating, LLC on behalf of those operating subsidiaries providing the Service(s) hereunder (“Spectrum”) and Customer (as shown below) and is governed by and subject to the Spectrum Enterprise Commercial Terms of Service posted to the Spectrum Enterprise website, https://enterprise.spectrum.com/ (or successor url) or, if applicable, an existing services agreement mutually executed by the parties (each, as appropriate, a “Service Agreement”). Except as specifically modified herein, all other terms and conditions of the Service Agreement shall remain unamended and in full force and effect.
Spectrum Enterprise Contact Information
Contact: Glenn Shackelford
Telephone: 8054592049
Email: [email protected]
Customer Information
Customer Name
City of Avenal
Order #
14641231
Address
919 Skyline Blvd Avenal CA 93204
Telephone
(559) 386-5782
Email:
[email protected]
Contact Name
Humberto Bermudez
Telephone
(559) 386-5782
Email:
[email protected]
Billing Address
919 Skyline Blvd Avenal CA 93204
Billing Contact Name Telephone Email:
NEW AND REVISED SERVICES AT 317 E Alpine St , Avenal CA 93204 Service Description Order Term Quantity
Monthly
Recurring
Charge(s)
Total Monthly
Recurring
Charge(s)
Dedicated Fiber Internet 200Mbps 60 Months 1 $660.00 $660.00 5 Static IP Addresses 60 Months 1 $0.00 $0.00
Enterprise Internet 500Mbps 12 Months 1 $200.00 $200.00 5 Static IP Addresses 12 Months 1 $29.99 $29.99
3 Months Free - Data - Dedicated Fiber Internet 60 Months 1 $0.00 $0.00 TOTAL* $889.99
VOID
September 11, 2025 Pg. 56
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 2 of 5 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 12/19/2024
ONE TIME CHARGE(S) AT 317 E Alpine St , Avenal CA 93204 Service Description Quantity
One Time
Charge(s)
Total
One Time
Charge(s)
Enterprise Internet Install 1 $0.00 $0.00
Dedicated Fiber Internet Install 1 $250.00 $250.00
Demarc Wiring Service 1 $500.00 $500.00
Demarc Wiring Service - Promotion 1 ($500.00) ($500.00) TOTAL* $250.00
VOID
September 11, 2025 Pg. 57
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 3 of 5 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 12/19/2024
VOID
September 11, 2025 Pg. 58
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 4 of 5 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 12/19/2024
1. TOTAL CHARGE(S). TOTAL MONTHLY RECURRING CHARGES AND TOTAL ONE-TIME CHARGES ARE DUE IN ACCORDANCE WITH THE MONTHLY INVOICE.
2. TAXES. PLUS APPLICABLE TAXES, FEES, AND SURCHARGES AS PRESENTED ON THE RESPECTIVE INVOICE(S).
3. SPECIAL TERMS.
Some or all of your order is subject to a promotional offer, of which the full Terms & Conditions can be found by going to the following URL:
https://enterprise.spectrum.com/legal/3-months-free.html By signing below, the signatory represents they are duly authorized to execute this Service Order.
CUSTOMER SIGNATURE
\s1\
Signature: /spectrumsigner1/
\n1\
Printed Name: /spectrumsignername1/
Title: /spectrumsignertitle1/
\d1\
Date: /spectrumsigneddate1/
VOID
September 11, 2025 Pg. 59
Spectrum Enterprise Service Order v210416 CONFIDENTIAL Page 5 of 5 © 2016-2022 Charter Communications Operating, LLC. All Rights Reserved Created Date: 12/19/2024
"This page intentionally left blank."
VOID
September 11, 2025 Pg. 60
EI SLA v.250206 CONFIDENTIAL Page 1 of 3
©2017-2025 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice.
Spectrum Business
Service Level Agreement for Enterprise Services:
Enterprise Internet
This Service Level Agreement (“SLA”) for Enterprise Internet (referred to herein as “EI” or the “Service”) is a part of, and hereby incorporated by reference into the Spectrum Business (“Spectrum”) Agreement for Enterprise Services (including the terms and conditions, attachments, and Service Orders described therein, the “Service Agreement”). To the extent any provision of this SLA conflicts with the Service Agreement, this SLA shall control. Performance goals for the Services (“SLA Targets”) are set forth in the tables below. Capitalized words used but not defined herein shall have the meanings assigned to them in the Service Agreement.
I. Priority Classification and Definitions
Priority classifications for Service Disruptions and Service Degradations are described as follows:
Priority Criteria
Priority 1
• Service Disruption resulting in a total loss of Service; or • Service Degradation to the point where Customer is unable to use the Service (each a “Priority 1 Outage”)
Priority 2 • Service Degradation where Customer is able to use the Service Priority 3 • A service problem that does not impact the Service; or • A single non-circuit specific quality of Service inquiry As used in this SLA, the following terms have the meanings assigned below:
“Service Disruption” is defined as an outage, disruption, or degradation, other than an Excluded Disruption, that interferes with the ability of a Spectrum network hub to: (i) transmit and receive network traffic on Customer’s connection at the Spectrum network hub; or (ii) exchange network traffic with another Spectrum network hub. The Service Disruption period begins on the earlier of (i) when Spectrum opens a trouble ticket in connection with a Service Disruption that Spectrum detects and verifies, or (ii) when Customer reports a Service Disruption by contacting Enterprise Technical Support, and then Spectrum validates that the Service is affected and creates a corresponding trouble ticket. The Service Disruption ends when the affected Service has been restored.
"Service Degradation” means a degradation of the Service that is not a Service Disruption or a result of an Excluded Disruption, but Customer’s use of the Service is impacted.
“Excluded Disruptions” means (i) planned outages, (ii) routine or urgent maintenance, (iii) time when Spectrum is unable to gain access to Customer’s Service Location to troubleshoot, repair or replace equipment or the Service, (iv) Service problems resulting from acts or omissions of Customer or Customer’s representatives or agents, (v) Customer equipment failures, (vi) Customer does not release the Service for testing, and (vii) Force Majeure Events.
II. SLA Targets for EI Service
Service
Availability
Mean Time To Restore
(“MTTR”)
99.9% Priority 1 Outages: within 6 hours
September 11, 2025 Pg. 61
EI SLA v.250206 CONFIDENTIAL Page 2 of 3
©2017-2025 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice.
The following table contains examples of the percentage of Service Availability translated into minutes of Downtime for the 99.9% Service Availability Target.
Downtime Table
Percentage by Days Per Month Total Minutes / Month Downtime Minutes
99.9% for 31 Days 44,640 44.6
99.9% for 30 Days 43,200 43.2
99.9% for 29 Days 41,760 41.8
99.9% for 28 Days 40,320 40.3
SLA Targets are measured from Customer’s Service Location to the location where Spectrum has local access to the Internet (i.e., the Spectrum point of presence) at the individual circuit or Service level, and any applicable credits are issued only for the affected EI circuit or Service (the “Affected Service”).
III. SLA Calculations
1. Service Availability
“Service Availability” is calculated as the total number of minutes in a calendar month, less the number of minutes in the calendar month that the Service is unavailable due to a Priority 1 Outage (“Downtime”), with such difference divided by the total number of minutes in the calendar month, and expressed as a percentage.
Service Availability per calendar month is calculated as follows:
Service Availability = Total number of minutes in the calendar month - Downtime Total number of minutes in a calendar month X 100
2. Mean Time to Restore (“MTTR”)
The MTTR SLA Target is applicable to Priority 1 Outages and is measured, each calendar month, as the average time for Spectrum to restore Priority 1 Outages, calculated as the cumulative length of time it takes Spectrum to restore a Service following a Priority 1 Outage divided by the corresponding number of trouble tickets for Priority 1 Outages opened during the respective calendar month for the Service.
MTTR per calendar month is calculated as follows:
Mean Time
to Restore =
Cumulative length of time to restore Priority 1 Outage(s) per Service in the calendar month Total number of Priority 1 Outage trouble tickets per Service in the calendar month IV. Remedies
1. Service Credits
If a Service fails to satisfy the SLA Targets during any calendar month and Customer is in compliance with the terms of the Service Agreement and this SLA, then Customer may request credit equal to the corresponding percentage of monthly recurring charges (“MRC”) for the Affected Service as set forth in the tables below. Any credit to be applied will be offset against amounts due from Customer to Spectrum in the billing cycle following the date Spectrum makes its credit determination. Credit requests must be submitted to Spectrum within thirty (30) days of the calendar month in which the SLA Target was missed. Spectrum will exercise commercially reasonable efforts to respond to such credit requests within thirty (30) days of receipt thereof.
September 11, 2025 Pg. 62
EI SLA v.250206 CONFIDENTIAL Page 3 of 3
©2017-2025 Charter Communications. All Rights Reserved. Not all products, pricing and services are available in all areas. Pricing and actual speeds may vary. Restrictions may apply. Subject to change without notice.
Service Availability Credits
Downtime Service Credit
> 43.2 minutes* < 3 hours 10% of MRC
≥ 3 hours < 6 hours 20% of MRC
≥ 6 hours < 12 hours 30% of MRC
≥ 12 hours < 24 hours 40% of MRC
≥ 24 hours 50% of MRC
*The Downtime value reflected in this cell is based on a 30 day month. This value is determined based on the Downtime minutes per the Downtime Table in Section II above. For example, in a 31 day month, this value will be
44.6 minutes.
Mean Time To Restore
(“MTTR”) Credits
MTTR > 6 hours
< 12 hours
30% of
MRC
MTTR > 12 hours 40% of
MRC
All SLA Targets are monthly measurements, and Customer may request only one credit per SLA Target per month for the Affected Service. Should one event impact more than one SLA hereunder, Customer shall receive the single highest of the qualifying credits only. Service Credits hereunder shall not be cumulative per Service. The aggregate credit amount due to Customer in any month will not exceed 100% of the MRC for the Affected Service. Except as set forth below, the credits described in this SLA shall constitute Customer’s sole and exclusive remedy, and Spectrum’s sole and exclusive liability, with respect to any missed SLA Targets.
2. Chronic Priority 1 Outages
If Customer experiences and reports three (3) separate Priority 1 Outages where the Downtime exceeds six (6) hours during each Priority 1 Outage within three (3) consecutive calendar months, then Customer may terminate the Affected Service without charge or liability by providing at least thirty (30) days written notice to Spectrum; provided, however, that (i) Customer may only terminate the Affected Service; (ii) Customer must exercise its right to terminate the Affected Service by providing written notice to Spectrum within thirty (30) days after the event giving rise to Customer’s termination right; (iii) Customer shall have paid Spectrum all amounts due at the time of such termination for all Services provided by Spectrum pursuant to the Service Agreement, and (iv) the foregoing termination right provides the sole and exclusive remedy of Customer and the sole and exclusive liability of Spectrum for chronic Priority 1 Outages and Customer shall not be eligible for any additional credits.
V. Network Maintenance
Maintenance Notice:
Customer understands that from time to time, Spectrum will perform network maintenance for network improvements and preventive maintenance. In some cases, Spectrum will need to perform urgent network maintenance, which will usually be conducted within the routine maintenance windows. Spectrum will use reasonable efforts to provide advance notice of the approximate time, duration, and reason for any urgent maintenance outside of the routine maintenance windows.
Maintenance Windows:
Routine maintenance may be performed Monday – Friday 12 a.m. – 6 a.m. local time.
September 11, 2025 Pg. 63
4101 Wild Chaparral Drive, Shingle Springs, CA 95682
530-672-1078 ● 844-4CALNET ● www.cal.net
Service Order Form, 250904 Page 1 of 7
9/4/25
Antony Lopez, City Manager
Humberto Bermudez, It Manager
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Re: Internet services and WiFi for 15 sites in the City of Avenal Antony and Humberto:
This service agreement describes the provisioning of internet connectivity, and installation and management of service for custom internet connectivity for 15 locations throughout the City of Avenal, CA. See details, page 4.
Internet Service: Cal.net will provide up to 5Gbps Symmetrical Internet Service (total) to all 15 locations around the City, with the following bandwidth settings -6 locations with 500Mbps download / 500Mbps upload;
-9 locations with 100Mbps download / 100Mbps upload;
-WiFi service for designated city area.
$3,522.46 per month
Managed Service: Cal.net will provide support for the public WiFi service, according to the SLA agreement, on Page 5.
$149.00 per month
Cal.net will work closely with city officials to determine the appropriate bandwidth for each location, to ensure cost-efficiency and optimal performance.
This service agreement will be for an initial 5-year term.
Future internet connections would have the following discounted pricing:
-500/500Mbps at $399.99 (standard $449.00)
-100/100Mbps at $179.50 (standard $197.50)
September 11, 2025 Pg. 64
4101 Wild Chaparral Drive, Shingle Springs, CA 95682
530-672-1078 ● 844-4CALNET ● www.cal.net
Service Order Form, 250904 Page 2 of 7
We will also provide a consolidated monthly invoice with all locations, to simplify billing for the City.
We look forward to serving you
Best regards,
Craig Stein
CEO
September 11, 2025 Pg. 65
4101 Wild Chaparral Drive, Shingle Springs, CA 95682
530-672-1078 ● 844-4CALNET ● www.cal.net
Service Order Form, 250904 Page 3 of 7
City locations for internet connectivity
September 11, 2025 Pg. 66
4101 Wild Chaparral Drive, Shingle Springs, CA 95682
530-672-1078 ● 844-4CALNET ● www.cal.net
Service Order Form, 250904 Page 4 of 7
City of Avenal – Internet services and WiFi for 15 sites Customer Order Form & Terms and Conditions
Customer and Order Information:
Customer Name: City of Avenal
Billing Address: 919 Skyline Blvd.
City, State, ZIP: Avenal, CA 93204
Telephone:
Billing Contact: Antony Lopez
Telephone: 559.633.0023
Mobile Phone: n/a
E-mail: [email protected]
Customer ID:
Order Date: 9/4/2025
Requested Service
Date:
TBD
Legacy Service
Change:
n/a
Delivery Contact
Name:
Antony Lopez
Telephone: 559.633.0023
Mobile Phone:
E-mail: [email protected]
Sales Account
Manager:
Wayne Collins
Service Information:
Service Address: 919 Skyline Blvd.
City, State, ZIP: Avenal, CA 93204
Demarc Location: 15 locations--TBD w/IT staff
Demarc Equipment: N/A
Capacity, Mbps (DL/UL): 5Gbps
Service Interface: Gigabit
Service Handoff: n/a
Initial Term (YEARS): 5 YEARS
Fees and Options:
Description Comments Option
Selected
Buildout
Fee
Monthly Fee
(Year 1)
Access: Wireless As described above Yes $ $ 4,674.94
Bandwidth Transport: Microwave Yes $ $
Federal CALEA Compliance: Yes $ $ 47.52
Public IP Addresses (1) Block No $ $
Public WiFi: No $ $ 149.00
One-time service connection Yes $
Platinum Protection 24/7 phone support & onsite Included $ Discount from Tower agmnt Yes $ -1,200.00
TOTAL FEES: $ $ 3,671.46
*Connection Fee and first/last month’s service fee due upon contract approval September 11, 2025 Pg. 67
4101 Wild Chaparral Drive, Shingle Springs, CA 95682
530-672-1078 ● 844-4CALNET ● www.cal.net
Service Order Form, 250904 Page 5 of 7
SERVICE LEVEL AGREEMENT FOR MANAGED WIFI SERVICE
Maintenance Window
The scheduled maintenance window will be from 12:01am to 6:00 am. Emergency maintenance may be scheduled outside maintenance window if reliability or security of the network is at risk. Cal.net may extend or schedule other windows if necessary. Cal.net will notify the customer in advance if maintenance window will be affecting service
Time to Restore
At the start of any service incident, customer shall immediately notify Cal.net by calling our Platinum Customer Support number. Tickets will be classified into one of the following Severity Tiers with the following definitions:
• Emergency – Complete Network Outage
• Critical – Network up but a portion of the network is down, or a single network element is down
• Non-Critical – Single user connection issue
1. Emergency – Network down – Cal.net will provide an answer to the customer within 60 minutes on what the issue is and a projected length of time for resolution.
2. Critical – Cal.net will provide an answer to the customer within 60 minutes on what the issue is and a projected length of time for resolution.
3. Non-Critical – Cal.net will train the staff at City, twice per year on how to deal with single connection issues. If the staff is not able to help, then the customer can call our 24hr help line and we will help them connect to the network. In this case a truck roll should not be required.
Cal.net will attempt to restore these services within four (4) hours remotely. Should restoration require repairs or other work in the field, Cal.net will make every reasonable effort to restore the service as soon as possible, however Cal.net will not be held responsible for delays caused by vandalism, theft, natural disaster, weather or conditions that prevent safe access by our field technicians.
Cal.net agrees to have spares on site in our Turlock/Kingsburg offices, so in the unlikely event of an equipment failure, Cal.net can quickly respond to replace the failed equipment.
Network Definition
This SLA includes all customer premise equipment that is owned by Cal.net and the Cal.net owned and controlled IP backbone network (routers and circuits including any transit connections) (”Cal.net IP Network”). This SLA does not include networks owned and or controlled by other carriers; local access circuit (e.g. local loop); Customer premise equipment (router or CPE) not owned by Cal.net; Customer’s local area network (LAN), not owned by Cal.net; interconnections to or from and connectivity within other Internet Service Provider (ISP) networks; scheduled maintenance and emergency maintenance; any act or omission by Customer, its officers, directors, employees, subcontractors, agents, or any other entity under Customer’s control; and/or any circumstance beyond Cal.net ‘s reasonable control including Internet attacks (denial of service, virus and worm activity, etc.) or force majeure event as defined in the Services Agreement.
September 11, 2025 Pg. 68
4101 Wild Chaparral Drive, Shingle Springs, CA 95682
530-672-1078 ● 844-4CALNET ● www.cal.net
Service Order Form, 250904 Page 6 of 7
Terms and Conditions:
The following constitutes the terms and conditions of your Service Membership with Cal.net. By signing this document, you agree to abide by these policies. Your account will be activated only after Cal.net receives a properly filled out, signed agreement from you.
Payment is due at the service activation date, and same date thereafter of each month, and covers the month following the payment due date. Payments received after the 10th of the month will be assessed a service charge of $5.00. If payment is not received by the 15 days after the due date, service may be disabled at any time. If service is disabled for non payment, there will be a $25.00 reactivation fee.
This is a term contract. The term commences on the Requested Service Date (as indicated on the order form) or the actual installation completion date, whichever occurs later. Termination fees in the amount of 100% of the total monthly fees remaining in the contract term apply for any termination before the end of the term period. Once the term period expires, this agreement reverts to a month-to-month agreement, and customer may then cancel at any time with 30 days written notice.
Termination. If Cal.net is notified by Customer in writing or electronically of a default in service delivery, and that default is not cured within 30 days, Customer may cancel service prior to end of term period without penalty or fee.
Cal.net may request additional account information from the customer periodically. It is the customer's responsibility to notify Cal.net in writing of any changes to the account information; this includes canceling or otherwise terminating your Service Membership. Failure to provide any of the above information to Cal.net constitutes grounds for termination of the Service Membership.
Cal.net makes no expressed or implied warranties regarding this service. Cal.net assumes no responsibility for damages caused by but not limited to interruptions in service whether caused by Cal.net or not, or the quality or substance of the data being delivered to the customer or being sent by the customer through Cal.net. You agree to indemnify and hold Cal.net harmless from claims related to your use of this service which causes damages to you or any other party.
Customer’s duties to cooperate. Customer or its representative must cooperate with Cal.net in the installation process, which includes accurate completion of an Order Form containing detailed demarcation information and other onsite contact information. Customer or its representative must be physically present at the time of installation. During installation and at all other times, the Customer will allow access and if necessary provide escort for Cal.net’s or its representatives’ necessary personnel to perform the installation and maintenance of the Service, to the designated building’s phone closet(s) or telecommunications room or to the Customer's premises for the purposes of survey, installation, operations and maintenance of the Service, after prior arrangement between the parties. Customer’s failure to cooperate shall release Cal.net from its obligations pertaining to installation schedules but shall not suspend the Service Date or billing start date. In the event of technical problems relating to the Service, the Customer will ensure that Cal.net’s or its representatives’ service engineers have unrestricted access to the designated building’s phone closet(s) or telecommunications room or to the customer premises equipment. Customer’s failure to provide access shall release Cal.net from its obligations pertaining to network availability.
Expedited Delivery. At time of order, Cal.net will specify an expected normal delivery timeframe for the type of service ordered. Customer may request in the Order Form an expedited delivery for his Service. Cal.net will use commercially reasonable efforts to accommodate Customer’s request; provided, however, that Cal.net does not guarantee that any such request will be fulfilled (and any such guarantees given either orally or in writing are hereby disclaimed) nor does Cal.net guarantee that the Service will be delivered on a specific date, such as the Requested Service Date indicated on the Order Form. Because of costs incurred by the attempt at Expedited Delivery, any fees so levied are non-refundable, even if Cal.net fails to meet the anticipated accelerated completion date.
Equipment that we install at your location is leased to you and is solely the property of Cal.net. You are responsible for ensuring that no physical damage, except normal wear, occurs to these devices that are owned by Cal.net. If physical damage occurs as a result of your actions, you will be responsible to pay Cal.net a fee of $400.00, or the actual replacement cost of the equipment, whichever is greater, regardless of whether you continue service. If the leased equipment fails or is damaged, for a reason other than your actions, Cal.net will replace your leased equipment free of charge for the life of your Service Membership with Cal.net. Cal.net takes no responsibility for contacting property owners if you are renting or leasing the property; it is solely the responsibility of the customer to contact their property owners to obtain permission for installation. Upon termination of your Service Membership with Cal.net you agree to return or allow access for a Cal.net employee to collect all equipment leased to you within seven (7) days of your account termination. If you fail to return or allow access you will be billed and you are liable to pay Cal.net for equipment loss in the amount of $400.00, or the actual replacement cost of the equipment, whichever is greater, and will be billed accordingly. All installation fees are to cover installation costs and provisioning costs and are non refundable, except September 11, 2025 Pg. 69
4101 Wild Chaparral Drive, Shingle Springs, CA 95682
530-672-1078 ● 844-4CALNET ● www.cal.net
Service Order Form, 250904 Page 7 of 7
when relating to Cal.net thirty day money back guarantee as defined on Cal.net web site. Upon removal, whether during the 30 day money back guarantee or after this period, Cal.net, will leave the cabling in place and Cal.net will not patch any holes. This is done because the customer may want to reactivate services at a later date.
Additional equipment that we sell to you. If requested by Customer, Cal.net may, at its sole discretion and if available, provide additional equipment for certain Services. The fees for such equipment as agreed in the Order Form will be added to Customer’s invoice. Cal.net does not guarantee and is not responsible for any specific type of equipment or any equipment at all, to be made available to Customer, and such equipment will belong to Customer upon receipt. Customer further agrees to indemnify and hold harmless Cal.net for any third party claim based on Customer’s unauthorized alteration or modification of the equipment. Cal.net is not responsible for Service disruptions caused by any request by Customer to relocate equipment. For Dedicated Internet Access, all equipment is purchased and owned by the customer, as it is installed and configured for that customer alone, and not used for anyone else. Equipment Protection Program specifically applies to radio link equipment to provide Dedicated Internet Access. This program will cover replacement of this equipment if it fails or is damaged due to accident or malfunction.
As long as this monthly fee is paid, the extended protection will be in effect. The Platinum Protection Plan covers labor for service calls, cable replacement, realigning equipment, and any device malfunction or accidental damage. It also provides for router support and replacement as needed. Cal.net will not provide on-site or remote technical support for anything beyond the router in customer’s LAN (Local Area Network),.
Your Service Membership may be terminated at any time for inappropriate usage. Inappropriate usage includes but is not limited to the transmission of any data which violates any federal, state or local regulation.
Unsolicited advertising through USENET or the electronic mail system is considered inappropriate usage. Cal.net will inform you of any of your actions related to this service which have been deemed inappropriate usage of your account. Cal.net reserves the right to determine what constitutes inappropriate use of your account.
These Service Membership terms and conditions are subject to change without notice. For additional information, the most up-to-date copy of this document can be found on Cal.net’s home page (http://www.cal.net). You are encouraged to check this document frequently so that you may be informed of any changes. Continued use of your Service Membership after a change in this document constitutes acceptance of the changes. If you cannot access our web site, send a message to [email protected] and this document will be mailed back to you.
Treatment of Confidential Information. All information in this agreement is considered to be confidential, and as such Each Party agrees not to use this Confidential Information for the Receiving Party’s own use or for any purpose outside of this agreement. All Information pertaining to any consideration agreed upon by both parties is not to be shared or disclosed without prior written approval from the other party. Each Receiving Party shall take all reasonable measures (i) to protect the secrecy of and avoid disclosure or unauthorized use of Confidential Information of the Disclosing Party, and (ii) to prevent such Confidential Information from falling into the public domain or the possession of persons other than those persons authorized hereunder to have such information.
Signatures:
By signing below, Customer affirms and acknowledges that it has read the entire Service Agreement and agrees to be bound by the provisions thereof.
For City of Avenal: For Cal.net, Inc.:
Signature _______________________
Name _______________________
Title _______________________
Date _______________________
Signature _______________________
Name _______________________
Title _______________________
Date _______________________
September 11, 2025 Pg. 70
Proposal: Citywide Broadband Services – City of Avenal
Overview
We at Cal.net are excited to present this proposal to address the pressing need for reliable and high-speed internet services for the residents and public facilities of Avenal, CA. Our objective is to enhance the quality of internet connectivity, providing a robust solution that meets the demands of your community.
Current Internet Challenges in Avenal
The City of Avenal, while currently having some internet coverage, faces significant challenges with service quality. Many residents experience inconsistent speeds, high prices, and inadequate customer support. These issues hinder the potential for economic growth, educational opportunities, and the overall quality of life for Avenal's citizens.
In addition to residential concerns, there are 4 city locations that require a dependable and efficient internet connection to ensure seamless municipal operations and public services. These locations include administrative offices, public safety buildings, and water departments that play crucial roles in serving the residents of Avenal.
Scope of Work
Cal.net is committed to bridging the digital divide in Avenal by providing superior internet services through a public-private partnership. Our proposal includes:
Infrastructure Enhancement:
These towers will serve as major hubs for internet distribution, ensuring strong and reliable signal coverage throughout the area. These facilities will double as fiber distribution hubs for future growth.
• Construction of a new 80 ft tower at Police Department:
o We will connect the police department directly with fiber. • Construction of a new 50 ft tower attached to the new Community Center:
o We will connect the City Buildings near this site directly to our cabinet using fiber • Installation of Internet service to 16 sites listed in chart below. • Installation of a Wi Fi system based on the requirements of the city at the sites listed in chart below
September 11, 2025 Pg. 71
Dedicated Service to City Locations:
Public-Private Partnership:
• Collaboration with the City of Avenal to align our services with the community’s goals and needs.
• Investment in local infrastructure, contributing to economic development and job creation.
• Transparent and open communication with city officials and residents to ensure satisfaction and trust in our services.
Community Benefits:
• Enhanced internet access for residents, supporting remote work, online education, telehealth, and more.
• Opportunities for local businesses to thrive with reliable digital tools and e-commerce capabilities.
• Improved access to public services and information through better-connected city facilities.
September 11, 2025 Pg. 72
Installation and Monthly Recurring Costs Total
Construction Costs:
• The total construction cost for this project is estimated at $315,000. • Cal.net is requesting the City of Avenal to contribute $200,000 towards these construction costs.
• Cal.net will cover the remaining $115,000 to ensure the successful implementation of the project.
• Cal.net will also build a WIFI network for the city for $20,000. This is a discounted price from our normal price of $32,000 for this size project. Cal.net will utilize either Cambium or Ubiliti Networks for the Wifi Network.
Monthly Service Costs:
• The monthly service costs for the 15 city locations will be $3523.00 per month (Includes CALEA). We reduced the retail value from $4723.00, as compensation for each tower. o For future connections, 500/500 would be $399.00 per month (Discounted from $491) and 100/100 would be $179.50 per month (Discounted from $197.50) • Support agreement for WIFI network (Does not include brake/fix) - $149 per month • We will work closely with city officials to determine the appropriate bandwidth for each location to ensure cost-efficiency and optimal performance. • Proposing 500Mbps download / 500Mbps upload for 6 locations. • Proposing 100Mbps download / 100Mbps upload for 10 locations • To simplify billing, we can provide the city with a single monthly bill that consolidates the charges for all connected locations.
September 11, 2025 Pg. 73
Conclusion:
Cal.net is eager to partner with the City of Avenal to provide an internet solution that meets the community's needs and exceeds expectations. Our expertise in delivering high-quality internet services, combined with our commitment to fostering local development, makes us the ideal partner for this initiative. We will be providing you with the following agreements:
• Tower agreement for Police Department
• Tower agreement for Community Center
• Construction agreement for Broadband Network
• Construction agreement for Public WIFI Network
• Service Agreement for Internet Connectivity to City locations and Public WIFI Network • Maintenance Contract for Public WIFI Network
We look forward to the opportunity to work with you and contribute to the vibrant future of Avenal. Please feel free to contact us for any further information or to schedule a detailed presentation of our proposal.
September 11, 2025 Pg. 74
AGREEMENT FOR DEVELOPMENT AND OPERATION OF A BROADBAND
NETWORK IN THE CITY OF AVENAL
THIS AGREEMENT (“Agreement”) is made and entered into this _____ day of _________ 2025 (“Effective Date”), by and between the City of Avenal, a political subdivision of the State of California, (“City”), and Cal.Net, Inc., A Delaware Corporation (“Contractor”), pursuant to the following terms and conditions.
RECITALS
A. Cal.net is committed to providing reliable, high-speed internet access to the City of Avenal, CA. This agreement outlines the key elements of the proposal to enhance Internet access for the residents and public facilities in the City of Avenal.
B. City of Avenal faces issues with inconsistent internet speeds, limited coverage, and inadequate support. These challenges impact residents, businesses, and city operations, including essential services such as public safety and municipal departments.
C. By its “Sole-Source Provider Justification” letter, dated Month, XX, XXXX, attached herewith as Exhibit “A,” Contractor has represented its capacity, licensure and willingness to establish and maintain broadband services in the City of Avenal.
D. In reliance on its expertise and willingness, the City desires to contract with Contractor for said services on the terms provided in this Agreement.
WITNESSETH
1. TERM
The term of this Agreement for construction shall commence on the Effective Date and shall end on December 31, 2026 (the “Termination Date”). The parties acknowledge (i) that certain aspects of the construction work described in Exhibit “A” require City permits (which Contractor shall apply for immediately after execution of this Agreement), (ii) that permit applications may require 4 – 8 weeks for processing, and that (iii) some construction work cannot begin until permits are issued. The date specified in Sections 3(h) shall be extended on a day for day basis for each day after the date on the executed contract that permitting approvals required for the Project are actually received and for any delays arising from Force Majeure (as defined in Section 10 of the City of Avenal Standard Terms & Conditions Of Purchase (attached hereto as Exhibit “B”) or for demonstrated difficulties obtaining public utility electrical power.
2. SERVICES
Contractor shall diligently perform those tasks and services set forth in Exhibit “A,” attached hereto, which has been derived from a proposal from the Contractor to the City dated Need initial date of the meeting and orally refined the following day during a meeting September 11, 2025 Pg. 75
2 between the parties. For purposes of this Agreement, the “Project” means the construction activities described in Exhibit “A,” consisting of the outfitting of towers and the installation of broadband equipment on the towers for the provision of broadband services, along with the delivery and installation of such services to individual subscribers.
Contractor shall provide all staffing and materials necessary to perform the scope of work.
The City of Avenal Standard Terms & Conditions Of Purchase is also incorporated herein by reference (“City of Avenal Standard Ts & Cs”) and the parties shall be bound by its provisions. Upon completion of the Project, Contractor shall provide the quality and quantity of broadband services as set forth in Exhibit “A,” for a period of not less than five (5) years. Any contradictions between Exhibit “A” and the main body of this agreement shall be resolved in favor of the main body of this agreement.
3. COMPENSATION
a. Contractor shall be compensated for services performed in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00) (the “Contract Amount”) comprising the following element:
i. Build one tower and utilize the tower owned by the school district. If that tower is not available, vendor will build a second tower on city property.
b. An additional contingency amount not to exceed 10% of the contract amount is also approved, subject to Contractor’s submittal of a change order along with proof of actual costs in excess of the Contract Amount (“Adjustment”). City shall not unreasonably withhold approval of any change orders resulting in an Adjustment as long as the aggregate amount of all Adjustments does not exceed 10% of the Contract Amount. c. Within forty-five (45) days of executing this Agreement, City shall pay Contractor an initial payment of Fifty Thousand dollars ($50,000.00) (the “Initial Payment”) representing the first down payment for each tower. d. Upon completion of each tower site and its internal release to sales, Contractor shall invoice the City for a payment of Seventy Five Thousand ($75,000) when each tower is completed and becomes available for customer usage.
e. City shall pay Contractor within thirty (30) days of receipt of approved invoices.
f. In the event total payments reach the Contract Amount, as adjusted by any Adjustments, Contractor shall complete the Project without further compensation or cost reimbursement. Each Progress Invoice shall specify the ordinary charge for the work performed as described therein. g. The Initial Payment is subject to refund if Contractor fails to commence the Project by September 30, 2026.
4. INSURANCE
Contractor shall procure and maintain for the duration of this Agreement insurance as specified in Exhibit “C”, “Insurance Provisions,” a copy of which is attached hereto and incorporated herein by reference.
September 11, 2025 Pg. 76
3 5. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS)
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City of Avenal.
6. STATE AND FEDERAL TAXES
As Contractor is not a City of Avenal employee, Contractor is responsible for paying all required state and federal taxes. In particular:
a. City of Avenal will not withhold FICA (Social Security) from Contractor’s payments;
b. City of Avenal will not make state or federal unemployment insurance contributions on behalf of Contractor;
c. City of Avenal will not withhold state or federal income tax from payment to Contractor;
d. City of Avenal will not make disability insurance contributions on behalf of Contractor;
e. City of Avenal will not obtain workers’ compensation insurance on behalf of Contractor.
7. NOTICE
Any and all notices, reports or other communications to be given to City or Contractor shall be given in accordance with the terms of Solano Standard Ts & Cs to the persons representing the respective parties at the following addresses:
CITY
City of Avenal
919 Skyline Blvd
Avenal, CA 93204
Attention:
Email:
Facsimile:
With Copy to
City of Avenal, City Council
919 Skyline Blvd
Avenal, CA 93204
CONTRACTOR
Cal.net
4101 Wild Chaparral Drive
Shingle Springs, CA 95682
Attention:
Facsimile:
September 11, 2025 Pg. 77
4 8. PUBLIC RECORDS ACT
Contractor is aware that this Agreement and any documents provided to the City of Avenal may be subject to the California Public Records Act and may be disclosed to members of the public upon request. It is the responsibility of Contractor to clearly identify information in those documents that it considers to be confidential under the California Public Records Act. To the extent that the City Avenal agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
9. ENTIRE AGREEMENT AND MODIFICATION
This Agreement contains the entire agreement of the parties relating to the subject matter of this Agreement and supersedes all prior agreements and representations with respect to the subject matter hereof. If there are exhibits attached hereto, and a conflict exists between the terms of this Agreement and any exhibit, the terms of this Agreement shall control.
10. TERMINATION AND RIGHTS UPON TERMINATION
a. This Agreement may be terminated upon mutual written consent of the parties, or as a remedy available at law or in equity. In the event of the termination of this Agreement, Contractor shall be entitled to compensation for services performed acceptably up to the effective date of termination. b. Either party may terminate this Agreement for convenience upon thirty (30) calendar days’ written notice to the other party. Upon termination for convenience, Contractor shall be entitled to compensation for services performed acceptably up to the effective date of termination.
11. NUMBER AND GENDER
In this Agreement, the neutral gender includes the feminine and masculine, the singular includes the plural, and the word “person” includes corporations, partnerships, firms or associations, wherever the context so requires.
12. MANDATORY AND PERMISSIVE
“Shall” is mandatory. “May” is permissive.
13. SUCCESSORS AND ASSIGNS
All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns.
September 11, 2025 Pg. 78
5 14. COUNTERPARTS / ELECTRONIC, FACSIMILE, AND PDF SIGNATURES This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (“CUETA”), Cal.
Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA, as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (i) of Section 1633.2 of the Civil Code. Facsimile signatures or signatures transmitted via pdf document shall be treated as originals for all purposes.
15. OTHER DOCUMENTS
The parties agree that they shall cooperate in good faith to accomplish the object of this Agreement and, to that end, agree to execute and deliver such other and further instruments and documents as may be necessary and convenient to the fulfillment of these purposes.
16. AUTHORITY
Each party and each party’s signatory warrant and represent that each has full authority and capacity to enter into this Agreement in accordance with all requirements of law. The parties also warrant that any signed amendment or modification to this Agreement shall comply with all requirements of law, including capacity and authority to amend or modify this Agreement.
17. NEGOTIATED AGREEMENT
This Agreement has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this Agreement within the meaning of California Civil Code section 1654. Each party represents and warrants that in executing this Agreement it does so with full knowledge of the rights and duties it may have with respect to the other party. Each party also warrants and represents that it has received independent legal advice from its attorney with respect to the matters set forth in this Agreement and the rights and duties arising out of this Agreement, or that such party willingly foregoes any such consultation.
September 11, 2025 Pg. 79
6 18. WARRANTY
City of Avenal has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby warrants that all work shall be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Contractor’s work by City shall not operate as a waiver or release.
19. REGISTERED CONTRACTORS
As required by Labor Code Section 1725.5, CONTRACTOR, and all subcontractors used by the CONTRACTOR, must register with the California Department of Industrial Relations and provide to the City proof of its registration before beginning work under this Agreement.
20. INDEPENDENT CONTRACTOR
The parties are independent contractors. The parties do not indent this Agreement to create a relationship of agency, joint venture, or partnership, nor do the parties intend that either party will owe a fiduciary duty to the other.
21. PROJECT OWNERSHIP
Contractor will at all times during and after the term of this Agreement, own the Project and all business related to the Project, and own all rights, title and interest associated with operating the Project, and any and all revenues, customer information and relationships developed from operating the Project.
September 11, 2025 Pg. 80
7 IN WITNESS WHEREOF the foregoing Agreement is executed on the date and year first above-written.
ATTEST:
_____________________________
Clerk, City Council
Approved as to Legal Form:
CITY COUNSEL
By: __________________________
ACCOUNT NUMBER(S)
_____________________________
_____________________________
CITY OF Avenal
________________________________
Name
Title
Cal.net, Inc.
By: ____________________________
(Signature)
_______________________________ (Print Name)
Title: ___________________________
EXHIBIT A
SCOPE OF WORK
September 11, 2025 Pg. 81
8 Scope of Work
To address these challenges, Cal.net proposes the following infrastructure improvements:
• 80’ Tower at Police Department Avenal Hospital District o Expands coverage and improves reliability for healthcare services and residents.
• 50' Tower Near Community Center
o Serves as a fiber-fed hub to enhance internet access across the city. • Dedicated Service to City Locations
o Connecting 16 city locations with high-speed internet to improve efficiency. o Custom solutions to ensure optimal, performance
o Ongoing monitoring and support for reliability.
o Proposing 500 mbps download / 500 mbps upload for 6 locations o Proposing 100 mbps download / 100 mbps upload for 10locations.
Public-Private Partnership
• Collaboration with the City of Avenal to align services with community needs. • Investment in local infrastructure to support economic growth. • Streamlined permitting assistance for installations within city limits. • Cal.net will own and operate the equipment and will hold Quarterly Business Review with the City of Avenal,
• Cal.net will provide residential and business pricing upon review with the city. • (The City requests a 5 year pricing guarantee agreement. The city will opt to automatically renewing unless terms or conditions change, in which the City will review before renewing the agreement. This agreement will be done outside of this contract.)
Community Benefits
• Better internet access for residents, supporting work, education, and healthcare. • Improved connectivity for local businesses.
• Enhanced public services through more reliable municipal networks.
Installation & Funding
• Total estimated construction cost: $315,000
• City of Avenal contribution: $200,000
• Cal.net investment: $115,000
• To simplify billing, we can provide the city with a single monthly bill that consolidates the charges for all connected locations.
September 11, 2025 Pg. 82
9 EXHIBIT B
INSURANCE PROVISIONS
Contractor shall maintain the following insurance: General liability insurance with minimum limits of One Million Dollars ($1,000,000) per incident and Two Million Dollars ($2,000,000) aggregate, with additional insured certificate; professional (malpractice) liability insurance with policy limits of One Million Dollars ($1,000,000) per incident and Three Million Dollars ($3,000,000) aggregate; automobile liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) annual aggregate, combined single limits; and workers’ compensation as required by California law. General liability and automobile liability policies shall name the City of Avenal as additional insureds.
September 11, 2025 Pg. 83
AGREEMENT FOR DEVELOPMENT AND OPERATION OF A WIFI NETWORK IN
THE CITY OF AVENAL
THIS AGREEMENT (“Agreement”) is made and entered into this _____ day of _________ 2025 (“Effective Date”), by and between the City of Avenal, a political subdivision of the State of California, (“City”), and Cal.Net, Inc., A Delaware Corporation (“Contractor”), pursuant to the following terms and conditions.
RECITALS
A. Cal.net is committed to providing reliable, high-speed internet access to the City of Avenal, CA. This agreement outlines the key elements of the proposal to enhance Public WIFI in certain outdoor and inbuilding facilities in the City of Avenal.
B. City of Avenal faces issues with inconsistent internet speeds, limited coverage, and inadequate support. These challenges impact residents, businesses, and city operations, including essential services such as public safety and municipal departments.
C. By its “Sole-Source Provider Justification” letter, dated Month, XX, XXXX, attached herewith as Exhibit “A,” Contractor has represented its capacity, licensure and willingness to establish and maintain broadband services in the City of Avenal.
D. In reliance on its expertise and willingness, the City desires to contract with Contractor for said services on the terms provided in this Agreement.
WITNESSETH
1. TERM
The term of this Agreement for construction shall commence on the Effective Date and shall end on December 31, 2026 (the “Termination Date”). The parties acknowledge (i) that certain aspects of the construction work described in Exhibit “A” require City permits (which Contractor shall apply for immediately after execution of this Agreement), (ii) that permit applications may require 4 – 8 weeks for processing, and that (iii) some construction work cannot begin until permits are issued. The date specified in Sections 3(h) shall be extended on a day for day basis for each day after the date on the executed contract that permitting approvals required for the Project are actually received and for any delays arising from Force Majeure (as defined in Section 10 of the City of Avenal Standard Terms & Conditions Of Purchase (attached hereto as Exhibit “B”) or for demonstrated difficulties obtaining public utility electrical power.
2. SERVICES
Contractor shall diligently perform those tasks and services set forth in Exhibit “A,” attached hereto, which has been derived from a proposal from the Contractor to the City dated Need initial date of the meeting and orally refined the following day during a meeting September 11, 2025 Pg. 84
2 between the parties. For purposes of this Agreement, the “Project” means the construction activities described in Exhibit “A,” consisting of the outfitting of towers and the installation of broadband equipment on the towers for the provision of broadband services, along with the delivery and installation of such services to individual subscribers.
Contractor shall provide all staffing and materials necessary to perform the scope of work.
The City of Avenal Standard Terms & Conditions Of Purchase is also incorporated herein by reference (“City of Avenal Standard Ts & Cs”) and the parties shall be bound by its provisions. Upon completion of the Project, Contractor shall provide the quality and quantity of broadband services as set forth in Exhibit “A,” for a period of not less than five (5) years. Any contradictions between Exhibit “A” and the main body of this agreement shall be resolved in favor of the main body of this agreement.
3. COMPENSATION
a. Contractor shall be compensated for services performed in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00) (the “Contract Amount”) comprising the following element:
i. Build one tower and utilize the tower owned by the school district. If that tower is not available, vendor will build a second tower on city property.
b. An additional contingency amount not to exceed 10% of the contract amount is also approved, subject to Contractor’s submittal of a change order along with proof of actual costs in excess of the Contract Amount (“Adjustment”). City shall not unreasonably withhold approval of any change orders resulting in an Adjustment as long as the aggregate amount of all Adjustments does not exceed 10% of the Contract Amount. c. Within forty-five (45) days of executing this Agreement, City shall pay Contractor an initial payment of Seventy-five Thousand ($20,000.00) (the “Initial Payment”) representing the first down payment for each tower. d. City shall pay Contractor within thirty (30) days of receipt of approved invoices.
e. In the event total payments reach the Contract Amount, as adjusted by any Adjustments, Contractor shall complete the Project without further compensation or cost reimbursement. Each Progress Invoice shall specify the ordinary charge for the work performed as described therein. f. The Initial Payment is subject to refund if Contractor fails to commence the Project by September 30, 2025
4. INSURANCE
Contractor shall procure and maintain for the duration of this Agreement insurance as specified in Exhibit “C”, “Insurance Provisions,” a copy of which is attached hereto and incorporated herein by reference.
5. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS)
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction September 11, 2025 Pg. 85
3 or the Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City of Avenal.
6. STATE AND FEDERAL TAXES
As Contractor is not a City of Avenal employee, Contractor is responsible for paying all required state and federal taxes. In particular:
a. City of Avenal will not withhold FICA (Social Security) from Contractor’s payments;
b. City of Avenal will not make state or federal unemployment insurance contributions on behalf of Contractor;
c. City of Avenal will not withhold state or federal income tax from payment to Contractor;
d. City of Avenal will not make disability insurance contributions on behalf of Contractor;
e. City of Avenal will not obtain workers’ compensation insurance on behalf of Contractor.
7. NOTICE
Any and all notices, reports or other communications to be given to City or Contractor shall be given in accordance with the terms of Solano Standard Ts & Cs to the persons representing the respective parties at the following addresses:
CITY
City of Avenal
919 Skyline Blvd
Avenal, CA 93204
Attention:
Email:
Facsimile:
With Copy to
City of Avenal, City Council
919 Skyline Blvd
Avenal, CA 93204
CONTRACTOR
Cal.net
4101 Wild Chaparral Drive
Shingle Springs, CA 95682
Attention:
Facsimile:
8. PUBLIC RECORDS ACT
September 11, 2025 Pg. 86
4 Contractor is aware that this Agreement and any documents provided to the City of Avenal may be subject to the California Public Records Act and may be disclosed to members of the public upon request. It is the responsibility of Contractor to clearly identify information in those documents that it considers to be confidential under the California Public Records Act. To the extent that the City Avenal agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
9. ENTIRE AGREEMENT AND MODIFICATION
This Agreement contains the entire agreement of the parties relating to the subject matter of this Agreement and supersedes all prior agreements and representations with respect to the subject matter hereof. If there are exhibits attached hereto, and a conflict exists between the terms of this Agreement and any exhibit, the terms of this Agreement shall control.
10. TERMINATION AND RIGHTS UPON TERMINATION
a. This Agreement may be terminated upon mutual written consent of the parties, or as a remedy available at law or in equity. In the event of the termination of this Agreement, Contractor shall be entitled to compensation for services performed acceptably up to the effective date of termination. b. Either party may terminate this Agreement for convenience upon thirty (30) calendar days’ written notice to the other party. Upon termination for convenience, Contractor shall be entitled to compensation for services performed acceptably up to the effective date of termination.
11. NUMBER AND GENDER
In this Agreement, the neutral gender includes the feminine and masculine, the singular includes the plural, and the word “person” includes corporations, partnerships, firms or associations, wherever the context so requires.
12. MANDATORY AND PERMISSIVE
“Shall” is mandatory. “May” is permissive.
13. SUCCESSORS AND ASSIGNS
All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns.
14. COUNTERPARTS / ELECTRONIC, FACSIMILE, AND PDF SIGNATURES September 11, 2025 Pg. 87
5 This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (“CUETA”), Cal.
Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA, as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (i) of Section 1633.2 of the Civil Code. Facsimile signatures or signatures transmitted via pdf document shall be treated as originals for all purposes.
15. OTHER DOCUMENTS
The parties agree that they shall cooperate in good faith to accomplish the object of this Agreement and, to that end, agree to execute and deliver such other and further instruments and documents as may be necessary and convenient to the fulfillment of these purposes.
16. AUTHORITY
Each party and each party’s signatory warrant and represent that each has full authority and capacity to enter into this Agreement in accordance with all requirements of law. The parties also warrant that any signed amendment or modification to this Agreement shall comply with all requirements of law, including capacity and authority to amend or modify this Agreement.
17. NEGOTIATED AGREEMENT
This Agreement has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this Agreement within the meaning of California Civil Code section 1654. Each party represents and warrants that in executing this Agreement it does so with full knowledge of the rights and duties it may have with respect to the other party. Each party also warrants and represents that it has received independent legal advice from its attorney with respect to the matters set forth in this Agreement and the rights and duties arising out of this Agreement, or that such party willingly foregoes any such consultation.
18. WARRANTY
City of Avenal has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor hereby warrants that all September 11, 2025 Pg. 88
6 work shall be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Contractor’s work by City shall not operate as a waiver or release.
19. REGISTERED CONTRACTORS
As required by Labor Code Section 1725.5, CONTRACTOR, and all subcontractors used by the CONTRACTOR, must register with the California Department of Industrial Relations and provide to the City proof of its registration before beginning work under this Agreement.
20. INDEPENDENT CONTRACTOR
The parties are independent contractors. The parties do not indent this Agreement to create a relationship of agency, joint venture, or partnership, nor do the parties intend that either party will owe a fiduciary duty to the other.
21. PROJECT OWNERSHIP
Contractor will at all times during and after the term of this Agreement, own the Project and all business related to the Project, and own all rights, title and interest associated with operating the Project, and any and all revenues, customer information and relationships developed from operating the Project.
September 11, 2025 Pg. 89
7 IN WITNESS WHEREOF the foregoing Agreement is executed on the date and year first above-written.
ATTEST:
_____________________________
Clerk, City Council
Approved as to Legal Form:
CITY COUNSEL
By: __________________________
ACCOUNT NUMBER(S)
_____________________________
_____________________________
CITY OF Avenal
________________________________
Name
Title
Cal.net, Inc.
By: ____________________________
(Signature)
_______________________________ (Print Name)
Title: ___________________________
September 11, 2025 Pg. 90
8 EXHIBIT A
SCOPE OF WORK
Scope of Work
To address these challenges, Cal.net proposes the following infrastructure improvements:
• Installation of WAN and Wi Fi network
o Sites designated by the city to provide bandwidth to Cameras and public Wi Fi network
Public-Private Partnership
• Collaboration with the City of Avenal to align services with community needs. • Investment in local infrastructure to support economic growth. • Streamlined permitting assistance for installations within city limits. • Cal.net will own and operate the equipment and will hold Quarterly Business Review with the City of Avenal,
• Cal.net will provide residential and business pricing upon review with the city. • (The City requests a 5 year pricing guarantee agreement. The city will opt to automatically renewing unless terms or conditions change, in which the City will review before renewing the agreement. This agreement will be done outside of this contract.)
Community Benefits
• Better internet access for residents, supporting work, education, and healthcare. • Improved connectivity for local businesses.
• Enhanced public services through more reliable municipal networks.
Installation & Funding
• Total estimated construction cost: $35,000
• City of Avenal contribution: $20,000
• Cal.net investment: $15,000
• In exchange for the price reduction, Cal.net will be working with City of Avenal to promote and advertise their product
September 11, 2025 Pg. 91
9 EXHIBIT B
INSURANCE PROVISIONS
Contractor shall maintain the following insurance: General liability insurance with minimum limits of One Million Dollars ($1,000,000) per incident and Two Million Dollars ($2,000,000) aggregate, with additional insured certificate; professional (malpractice) liability insurance with policy limits of One Million Dollars ($1,000,000) per incident and Three Million Dollars ($3,000,000) aggregate; automobile liability insurance in the amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) annual aggregate, combined single limits; and workers’ compensation as required by California law. General liability and automobile liability policies shall name the City of Avenal as additional insureds.
September 11, 2025 Pg. 92
1 4101 Wild Chaparral Drive, Shingle Springs, CA 95682
530-672-1078 ● 844-4CALNET ● www.cal.net
ANTENNA ARRAY/TOWER-LAND LEASE AGREEMENT
THIS TOWER/ANTENNA ARRAY-LAND LEASE AGREEMENT (“Agreement”) is entered into this 4th day of September, 2025 (“Effective Date”) by and between Cal.net, Inc., a Delaware Corporation with its principal place of business at 4101 Wild Chaparral Dr., Shingle Springs, CA 95682 (hereinafter “Cal.net”) and City of Avenal (hereinafter “Landlord”).
In consideration of the terms and covenants of this Agreement, and for other good and valuable consideration, the parties agree as follows:
1. Leased Property:
Subject to the terms and conditions of this Agreement, Landlord leases to Cal.net and Cal.net leases from Landlord a portion, including the air space above such ground space, of that real property owned by Landlord, located at 317 E. Alpine Street, Avenal, CA 93204, APN: 040-311-001-000 (the “Property”), and situated at the south/southwest portion of the property (the “Premises”), as described herein in Exhibit “A” attached hereto and made a part hereof.
2. Use:
Cal.net shall use the Premises for the transmission and reception of communications signals, including any such frequencies as may be assigned to Cal.net by the Federal Communications Commission (“FCC”), and for installing, maintaining, repairing and operating telecommunications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure (“Tower/Antenna Array”), associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (“Telecommunications Facility”).
Cal.net’s use of the Premises is contingent upon its obtaining after the Effective Date all of the certificates, permits and other approvals (collectively, “Governmental Approvals”) that may be required by any federal, state or local law. Landlord authorizes Cal.net to prepare, execute and file all required applications to obtain Governmental Approvals and agrees to reasonably cooperate with Cal.net in obtaining all licenses and permits necessary or desirable for Cal.net’s use of the Premises. In the event that Cal.net is unable to obtain, or maintain, any of the Governmental Approvals or the issuance of a license or permit by any agency, board, court or other governmental authority necessary or desirable for the construction or operation of the Telecommunications Facility as now or hereafter intended by Cal.net, or if Cal.net determines, in its sole discretion, that the cost of or delay in obtaining or retaining the same is commercially unreasonable, Cal.net may terminate this Agreement upon written notice to Landlord.
September 11, 2025 Pg. 93
2 3. Term:
The initial term of this Agreement shall be ten (10) years (“Initial Term”), commencing upon the date this Agreement is executed by Landlord and Cal.net. This Agreement will automatically renew for four (4) additional five (5) year terms (each an “Extension Term”), upon the same terms and conditions, unless Cal.net gives Landlord written notice of Cal.net’s intention to terminate at least one hundred and eighty (180) days prior to the expiration of the then-current term. Unless either party notifies the other in writing of its intention to terminate this Agreement at least one hundred and eighty (180) days prior to the expiration of the final Extension Term, this Agreement shall continue in force upon the same covenants, terms and conditions for additional one (1) year terms (each an “Annual Term”) thereafter until terminated by either party by giving to the other written notice of its intention to so terminate at least one hundred and eighty (180) days prior to the end of any such Annual Term. Monthly rent during such Annual Terms shall be equal to Rent paid for the last month of the final Extension Term. If Cal.net remains in possession of the Premises after termination of this Agreement, then Cal.net will be deemed to be occupying the Premises on a month-to-month basis (“Holdover Term”), subject to the terms and conditions of this Agreement. The Initial Term, Extension Terms, any Annual Terms, and any Holdover Term are collectively referred to as the “Term.”
4. Lease Consideration:
As consideration for this Lease, Cal.net shall provide compensation to Landlord over the initial term of this agreement with the total value of $36,000.00.
a. Cal.net will provide a discount of $600.00 per month toward Landlord internet services, provided by Cal.net. This will be credited on invoicing given to Landlord, and will commence upon the completion and activation of the tower.
5. Installation and Access:
a. Landlord grants to Cal.net and its subtenants, licensees and sublicensees the right to use such portions of the Property as may be reasonably required during construction and installation of the Tower/Antenna Array and Telecommunications Facility.
b. Cal.net shall have the right to: (i) install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property’s main entry point to the equipment shelter or cabinet; (ii) install a generator and to make other improvements, alterations, upgrades or additions appropriate for Cal.net’s use, including the right to construct a fence around the Premises or equipment; (iii) install warning signs to make individuals aware of risks, (iv) install protective barriers; (v) install any other control measures reasonably required by Cal.net’s safety procedures or applicable law; and (vi) undertake any other appropriate means to secure the Premises or equipment at Cal.net’s expense. Cal.net shall have the right to modify, supplement, replace, upgrade, expand the Telecommunications Facility (including, for example, increasing the number of antennas or adding microwave dishes) or relocate the Telecommunications Facility within the Premises at any time during the Term. Cal.net further has the right to modify and/or replace equipment in order to be in compliance with any current or future federal, state, local laws and regulations, at no additional cost to Cal.net.
c. Landlord additionally grants to Cal.net, and its employees, agents and subcontractors, the nonexclusive right for pedestrian and vehicular access seven (7) days a week, twenty-four (24) hours a day, extending from the nearest public right of way to the Premises, for the purpose of installing and maintaining the Telecommunications Facility and any necessary or desirable utilities serving the Premises. As may be described more fully in Exhibit “A”, Landlord grants to Cal.net an easement for such access and agrees to provide to Cal.net such codes, keys and other instruments necessary for September 11, 2025 Pg. 94
3 such access at no additional cost to Cal.net. Landlord also grants to Cal.net the right to survey the Property and Premises and said survey shall then become Exhibit “B” which shall be attached hereto and made a part hereof and shall control in the event of boundary and access discrepancies between it and Exhibit “A.” Cal.net shall be responsible for all surveying fees. d. Cal.net may also perform and obtain, at Cal.net’s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over and under the Property, necessary to determine if Cal.net’s use of the Premises will be compatible with Cal.net’s engineering specifications, systems design, operations or Governmental Approvals. If Cal.net determines, in its sole discretion, due to the survey results or the results of any tests hereunder, that the condition of the Premises is unsatisfactory for its intended uses, Cal.net may terminate this Agreement upon written notice to Landlord. e. Cal.net shall provide Landlord, at Landlord’s request, with documentation of the telecommunications equipment installed on the Property. Documentation shall include a complete and detailed inventory of all telecommunications equipment and personal property included in the Telecommunications Facility and Tower/Antenna Array.
f. Cal.net shall provide a defensible space per USFS Requirements for Steel Telecommunication Towers (attached as Exhibit “C”) of 15 feet radius from the edge of the compound and cabinet equipment, which shall be part of the Premises. Cal.net will not replace the Landlord’s defensible space requirements in areas not covered by the aforementioned distances. g. Landlord shall notify Cal.net at least five (5) days in advance of the date when any scheduled or general maintenance of more than one (1) day is to occur at the Property which may preclude or otherwise prevent Cal.net’s access to the Tower/Antenna Array. h. Landlord shall provide Cal.net access to extend electrical power as necessary for operation of the installed equipment.
6. Reasonable Approval:
Both parties shall not unreasonably withhold, or delay approvals required under this Agreement.
7. Environmental Matters:
a. Landlord represents and warrants (i) the Property, as of the Effective Date, is free of hazardous substances, including asbestos-containing materials and lead paint; (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation; (iii) Landlord will notify Cal.net any and all enforcement, cleanup, remedial, removal, or other governmental or enforcement cleanup or other governmental or regulatory actions instituted, completed or threatened pursuant to any environmental laws relating to any hazardous materials affecting any part of the Property; and (iv) Landlord will notify Cal.net of all claims made or threatened by any third party against Landlord or any part of the Property relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any hazardous materials on or about the Property.
b. Landlord and Cal.net agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property. c. Landlord and Cal.net each agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, September 11, 2025 Pg. 95
4 payment of penalties, sanctions, forfeitures, losses, costs or damages (collectively “Losses”), and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (collectively “Claims”), to the extent arising from that party’s breach under this Section
7. Landlord agrees to hold harmless and indemnify Cal.net from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of Losses and responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date or from such contamination caused by the acts or omissions of Landlord during the Term. Cal.net agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Cal.net for, payment of Losses and responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Cal.net. The indemnification provisions contained in this Section 7(c) specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal, or restoration work required by any governmental authority. The provisions of this Section will survive the expiration or termination of this Agreement.
d. In the event Cal.net becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property that, in Cal.net’s sole determination, renders the condition of the Premises or Property unsuitable for Cal.net’s use, or if Cal.net believes that the leasing or continued leasing of the Premises would expose Cal.net to undue risks of liability to a government agency or other third party, then Cal.net will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord.
8. Maintenance/Utilities:
a. Cal.net will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto and all areas of the Premises where Cal.net does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Cal.net as a condition of this Agreement or any permit. b. Cal.net will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Cal.net on the Premises. In the event Cal.net cannot secure its own metered electrical supply, Cal.net shall have the right, at its own cost and expense, to sub-meter from Landlord. When sub-metering is required under this Agreement, Landlord will read the meter and provide Cal.net with an invoice and usage data on a monthly basis.
Cal.net shall reimburse Landlord for such utility usage at the same rate charged to Landlord by the utility service provider. Landlord further agrees to provide the usage data and invoice on forms provided by Cal.net and to send such forms to such address and/or agent designated by Cal.net.
Cal.net will remit payment within sixty (60) days of receipt of the usage data and required forms.
Landlord shall maintain accurate and detailed records of all utility expenses, invoices, and payments applicable to Cal.net’s reimbursement obligations hereunder. Within fifteen (15) days after a request from Cal.net, Landlord shall provide copies of such utility billing records to Cal.net in the form of copies of invoices, contracts and cancelled checks. If the utility billing records reflect an overpayment by Cal.net, Cal.net shall have the right to deduct the amount of such overpayment from any monies due to Landlord from Cal.net.
c. All damages payable under this Agreement for sub-metered utilities shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred. Any charges September 11, 2025 Pg. 96
5 beyond such periods shall not be billed by Landlord and shall not be payable by Cal.net. If Cal.net sub-meters electricity from Landlord, Landlord agrees to give Cal.net at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Cal.net provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Cal.net’s reasonable determination, Landlord agrees to allow Cal.net the right to bring in a temporary source of power for the duration of the interruption. d. Cal.net will have the right to install utilities, at Cal.net’s expense, and to improve present utilities on the Property and the Premises. Landlord hereby grants to any service company providing utilities or similar services, including electric power and telecommunications, to Cal.net an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such service companies may from time to time require in order to provide such services to the Premises. Upon Cal.net’s or service company’s request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Cal.net or the service company.
9. Termination:
Except as otherwise provided herein, this Agreement may be terminated, without penalty or further liability, as follows:
a. by either party upon thirty (30) days’ written notice, if the other party remains in default of any covenant or term under this Agreement after any applicable cure period or within thirty (30) days of receipt of notice of default if no cure period is specified. b. by Cal.net upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Cal.net; or
c. by Cal.net upon sixty (60) days’ prior written notice to Landlord for any reason or no reason, so long as Cal.net pays Landlord a termination fee equal to three (3) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Cal.net under any termination provision contained in any other Section of this Agreement.
10.Removal/Restoration:
All portions of the Telecommunications Facility brought onto the Property by Cal.net will be and remain Cal.net’s personal property and, at Cal.net’s option, may be removed by Cal.net at any time during or after the Term. Landlord covenants and agrees that no part of the Telecommunications Facility constructed, erected or placed on the Premises by Cal.net will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed, erected or placed by Cal.net on the Premises will be and remain the property of Cal.net and may be removed by Cal.net at any time during or after the Term. Cal.net will repair any damage to the Property resulting from Cal.net’s removal activities. Any portions of the Telecommunications Facility that Cal.net does not remove within one hundred twenty (120) days after the later of the end of the Term and cessation of Cal.net’s operations at the Premises shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing, Cal.net will not be responsible for the replacement of any trees, shrubs, or other vegetation.
September 11, 2025 Pg. 97
6 11. Insurance:
a. Cal.net shall maintain commercial general liability insurance coverage, including property/operations coverage, independent contractor’s liability, completed operations coverage, contractual liability, with limits of at least $1,000,000.00 per occurrence and $2,000,000.00 policy aggregate. b. Landlord shall, at its own cost, maintain commercial general liability insurance with limits of not less than $1,000,000.00 for injury to or death of one or more persons in any one occurrence and $500,000.00 for damage or destruction to property in any one occurrence. c. Neither party shall be liable to the other (or to the other’s successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard insurance policy, and, in the event of such insured loss, neither party’s insurance company shall have a subrogated claim against the other.
12. Taxes:
a. Landlord shall be responsible for (i) all taxes and assessments levied upon the lands, improvements and other property of Landlord, (ii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with this Agreement, and (iii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with a sale of the Property or assignment of Rent payments by Landlord. Cal.net shall be responsible for (y) any taxes and assessments attributable to and levied upon Cal.net’s leasehold improvements on the Premises if and as set forth in this Section 12 and (z) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with an assignment of this Agreement or sublease by Cal.net. Nothing herein shall require Cal.net to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord.
b. In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on Cal.net’s leasehold improvements on the Premises, Landlord shall provide Cal.net with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If Landlord does not provide such notice or notices to Cal.net in a timely manner and Cal.net’s rights with respect to such taxes are prejudiced by the delay, Landlord shall reimburse Cal.net for any increased costs directly resulting from the delay; shall be responsible for payment of the tax or assessment set forth in the notice; and shall not have the right to reimbursement of such amount from Cal.net. If Landlord provides a notice of assessment to Cal.net within such time period and requests reimbursement from Cal.net as set forth below, then Cal.net shall reimburse Landlord for the tax or assessments identified on the notice of assessment on Cal.net’s leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Cal.net, Landlord shall, no later than thirty (30) days after Landlord’s payment of the taxes or assessments for the assessed tax year, provide Cal.net with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Cal.net any other documentation reasonably requested by Cal.net to allow Cal.net to evaluate the payment and to reimburse Landlord.
c. For any tax amount for which Cal.net is responsible under this Agreement, Cal.net shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate, or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as permitted by law. This right shall September 11, 2025 Pg. 98
7 include the ability to institute any legal, regulatory, or informal action in the name of Landlord, Cal.net, or both, with respect to the valuation of the Premises. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and shall execute any documents required therefor. The expense of any such proceedings shall be borne by Cal.net and any refunds or rebates secured as a result of Cal.net’s action shall belong to Cal.net, to the extent the amounts were originally paid by Cal.net. In the event Cal.net notifies Landlord by the due date for assessment of Cal.net’s intention to contest the assessment, Landlord shall not pay the assessment pending conclusion of the contest, unless otherwise required by applicable law. d. Landlord shall not split or cause the taxed parcel on which the Premises are located to be split, bifurcated, separated, or divided without the prior written consent of Cal.net. e. Cal.net shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Cal.net. In the event that Cal.net exercises its rights under this Section 12e due to such Landlord default, Cal.net shall have the right to deduct such tax amounts paid from any monies due to Landlord from Cal.net without having provided to Landlord notice and the opportunity to cure. f. Any tax-related notices shall be sent to Cal.net in the manner set forth in Section 17. Promptly after the Effective Date, Landlord shall provide Cal.net’s address as set forth in Section 17 to the taxing authority for the authority’s use in the event the authority needs to communicate with Cal.net. In the event that Cal.net’s tax address changes by notice to Landlord, Landlord shall be required to provide Cal.net’s new tax address to the taxing authority or authorities. g. Notwithstanding anything to the contrary contained in this Section 12, Cal.net shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third party.
13. Damage or Destruction of Property:
If the Property, Tower/Antenna Array, or any other part of the Telecommunications Facility is destroyed or damaged so as, in Cal.net’s judgment, to render the site unusable, then in Cal.net’s sole determination, Cal.net may elect to terminate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or damage. In the event Cal.net elects to terminate the Agreement, Cal.net shall be entitled to collect all insurance proceeds payable to Cal.net on account thereof and to reimbursement of any prepaid Rent payments prorated prior to the date of termination. If Landlord or Cal.net undertakes to rebuild or restore the Premises and/or the Telecommunications Facility, as applicable, Landlord agrees to permit Cal.net to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and/or the Telecommunications Facility is completed. If Landlord determines not to rebuild or restore the Property, Landlord will notify Cal.net of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Cal.net and Cal.net decides not to terminate under this Section 13, then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Cal.net’s intended use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Cal.net places temporary transmission and reception facilities on the Property.
14. Exclusivity:
Prior to or concurrent with the Effective Date, Landlord has provided or will provide Cal.net with a list of radio frequency user(s) and frequencies used on the Property as of the Effective Date. Cal.net warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as the existing radio frequency user(s) operate and continue to operate within their respective September 11, 2025 Pg. 99
8 frequencies and in accordance with all applicable laws and regulations. Landlord shall not grant, after the Effective Date, a lease, license or any other right to any third party, if the exercise of such grant may in any way adversely affect or interfere with the Telecommunications Facility, the operations of Cal.net or the rights of Cal.net under this Agreement. Landlord shall notify Cal.net in writing prior to granting any third party the right to install and operate communications equipment on the Property.
Landlord shall not, nor shall Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with the Telecommunications Facility, the operations of Cal.net or the rights of Cal.net under this Agreement. Landlord shall cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Cal.net. In the event any such interference does not cease within the aforementioned cure period; Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. For the purposes of this Agreement, “interference” may include, but is not limited to, any use on the Property or surrounding property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Telecommunications Facility.
15.Condemnation:
In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord shall provide notice of the proceeding to Cal.net within twenty-four (24) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Cal.net’s sole determination, to render the Premises unsuitable for Cal.net, this Agreement will terminate as of the date the title vests in the condemning authority. The parties shall each be entitled to pursue their own separate awards in the condemnation proceeds, which for Cal.net will include, where applicable, the value of its Telecommunications Facility, moving expenses, prepaid Rent, and business dislocation expenses. Cal.net will be entitled to reimbursement for any prepaid Rent on a pro rata basis.
16. Indemnification:
a. Except for the negligent acts or omissions or willful misconduct of Landlord, Landlord’s agents, invitees or employees, Cal.net agrees to indemnify, defend, and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be held liable, which arise from the negligence, willful misconduct, or other fault of Cal.net in the performance of this Agreement or from the installation, operation, use, maintenance, repair, removal, or presence of Cal.net’s Telecommunications Facility and the Tower/Antenna Array.
b. Except for the negligent acts or willful misconduct of Cal.net’s agents or employees, Landlord agrees to indemnify, defend, and hold harmless Cal.net and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation, which may be asserted against or incurred by Cal.net or for which Cal.net may be held liable, which arise from Landlord’s, or its employees, agents or subcontractors, actions or failure to act or Landlord’s breach of any provision of this Agreement.
17. Notices:
All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the addresses of each party set forth in the signature of this Agreement.
September 11, 2025 Pg. 100
9 18.Representations and Warranties:
a. Landlord represents and warrants that:
i. Landlord has full right, power, and authority to execute this Agreement. ii. Cal.net shall have the quiet enjoyment of the Property during the term of this Agreement in accordance with its terms.
iii. Landlord solely owns the Property as a legal lot in fee simply or controls the Property by a lease or license.
iv. The Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, easements, leases, or any other agreements of record or not of record which would adversely affect Cal.net’s use.
v. Landlord’s execution and performance of this Agreement will not violate any laws, ordinances, covenants or provisions of any lease or other agreement binding on Landlord; and vi. If the Property is or becomes encumbered by a deed to secure a debt, mortgage, or other security interest, then Landlord will promptly provide to Cal.net a mutually agreeable subordination, non-disturbance and attornment agreement executed by Landlord and the holder of such security interest.
b. Landlord acknowledges that the Telecommunications Facility could have emergency services installed for E-911 and other first responders and that tampering with Cal.net’s equipment in any way can be construed as an act of domestic terrorism which can result in felony charges. If the Property is sold or leased, Landlord agrees to provide written notice to tenants and/or prospective buyers. c. Cal.net, at its own cost, has the right to obtain a title commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Cal.net, such title commitment shows any defects of title or any liens or encumbrances which may adversely affect Cal.net’s use of the Premises, Cal.net shall have the right to cancel this Agreement immediately upon written notice to Landlord.
19. Waiver of Landlord’s Liens:
Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Telecommunications Facility or any portion thereof. The Telecommunications Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law. Landlord consents to Cal.net’s right to remove all or any portion of the Telecommunications Facility from time to time in Cal.net’s sole discretion and without Landlord’s consent.
20.Sale of Property:
a. Landlord may sell the Property or a portion thereof to a third party, provided: (i) the sale is made subject to the terms of this Agreement; and (ii) if the sale does not include the assignment of Landlord’s full interest in this Agreement, the purchaser must agree to perform, without requiring compensation from Cal.net or any subtenant, any obligation of Landlord under this Agreement, including Landlord’s obligation to cooperate with Cal.net as provided hereunder. b. If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide, or otherwise transfer all or any part of the Premises, or all or any part of the Property or the surrounding property, to a purchaser other than Cal.net, Landlord shall promptly notify Cal.net in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Cal.net’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) September 11, 2025 Pg. 101
10 days of such transfer, Landlord or its successor shall send the following documents to Cal.net: (i) old deed to Property, (ii) new deed to Property, (iii) bill of sale or transfer, (iv) copy of current tax bill, (v) new IRS Form W-9, (vi) completed and signed tenant payment direction form, and (vii) full contact information for new Landlord including phone number(s). Until Cal.net receives all such documents, Cal.net’s failure to make payments under this Agreement shall not be an event of default, and Cal.net reserves the right to hold payments due under this Agreement. c. Landlord agrees not to sell, lease or use any areas of the Property or the surrounding property for the installation, operation or maintenance of other wireless communication facilities if such installation, operation or maintenance would interfere with Cal.net’s intended use or communications equipment as determined by radio propagation tests performed by Cal.net in its sole discretion.
Landlord or Landlord’s prospective purchaser shall reimburse Cal.net for any costs and expenses of such testing. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Cal.net, Landlord shall be prohibited from selling, leasing, or using any areas of the Property or the surrounding property for purposes of any installation, operation or maintenance of any other wireless communication facility or equipment. d. The provisions of this Section 20 shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations.
21.Right of First Refusal:
Notwithstanding the provisions contained in Section 20, if at any time after the Effective Date, Landlord receives a bona fide written offer from a third party seeking any sale, conveyance, assignment or transfer, whether in whole or in part, of any property interest in or related to the Premises, including without limitation any offer seeking an assignment or transfer of the Rent payments associated with this Agreement or an offer to purchase an easement with respect to the Premises (“Offer”), Landlord shall immediately furnish Cal.net with a copy of the Offer. Cal.net shall have the right within ninety (90) days after it receives such copy to match the financial terms of the Offer and agree in writing to match such terms of the Offer. Such writing shall be in the form of a contract substantially similar to the Offer, but Cal.net may assign its rights to a third party. If Cal.net chooses not to exercise this right or fails to provide written notice to Landlord within the ninety (90) day period, Landlord may sell, convey, assign, or transfer such property interest in or related to the Premises pursuant to the Offer, subject to the terms of this Agreement. If Landlord attempts to sell, convey, assign, or transfer such property interest in or related to the Premises without complying with this Section 21, the sale, conveyance, assignment or transfer shall be void. Cal.net reserves the right to withhold payments due under this Agreement until Landlord complies with this Section 21; and Cal.net shall not be responsible for any failure to make payments under this Agreement as permitted by this sentence. Cal.net’s failure to exercise the right of first refusal shall not be deemed a waiver of the rights contained in this Section 21 with respect to any future proposed conveyances as described herein.
22.Assignment:
Cal.net may assign or sublet under this Agreement without the prior written consent of Landlord. Upon an assignment of Cal.net’s interest, it shall be released from all liability under this Agreement.
23.Compliance with Laws:
All work performed or materials supplied under this Agreement shall be furnished or performed in full and complete compliance with all applicable federal, state, and local laws and regulations in the performance of this Agreement, including the procurement of software licenses, secure certificates, etc., where needed.
September 11, 2025 Pg. 102
11 24.Severability:
The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision.
The provisions of this Agreement are severable and if any one or more of such provisions shall be determined to be invalid, illegal, or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected or impaired thereby and shall nevertheless be binding between the parties hereto. Any such invalid, illegal or unenforceable provision or portion thereof shall be changed and interpreted so as to best accomplish the objectives of such provision or portion thereof within the limits of applicable law or applicable court decisions.
25. Headings/Interpretation:
Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement. Where the context provides, the singular shall include the plural and terms shall be interpreted as gender neutral. The word “including” shall be read as “including without limitation.” No provision of this Agreement or any related document shall be construed against or interpreted to the disadvantage of any party hereto by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured or drafted such provision.
26. Entire Agreement:
This Agreement, including any Exhibits or Addenda hereto, sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and any and all previous agreements, representations, or understandings, whether oral or written, which are inconsistent with or additional to any of the various terms and conditions of this Agreement are hereby canceled, rendered null and void and superseded in their entirety. No agreement or understanding to modify this Agreement shall be binding upon either party unless agreed to in writing by an employee of each party authorized to bind such party.
27.Counterparts:
This Agreement may be executed in counterparts with the same force and effect as if each of the signatories had executed the same instrument. If this Agreement is executed in counterparts, no signatory hereto shall be bound until both parties named below have duly executed or caused to be executed a counterpart of this Agreement and delivered such executed counterpart to the other party.
28. Waiver:
A waiver of a breach of any term of this Agreement must be in writing and shall not be construed as a waiver of any succeeding breach of that term or as a waiver of the term itself. A party’s performance after the other’s breach shall not be construed as a waiver of that breach. No waiver, failure or delay by either party to enforce or take advantage of any provision or right under this Agreement shall constitute a subsequent waiver of that provision or right, nor shall such waiver, failure or delay be a waiver of any of the other terms and conditions of this Agreement.
29.Successors and Assigns:
This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, and assigns.
September 11, 2025 Pg. 103
12 30.Arbitration & Disputes:
Cal.net’s Terms & Conditions require each party to give Cal.net the opportunity to resolve all disputes before filing a claim in court or pursuing arbitration. (See Cal.net’s Terms and Conditions, available at https://www.cal.net/legal/terms_and_conditions, for more information and for how to contact Cal.net to resolve a dispute.) Cal.net requires arbitration of disputes unless a party opts out within thirty (30) days of activation of the Cal.net service. See Cal.net’s Terms and Conditions for details, which are incorporated into this Agreement, except to the extent the Terms & Conditions contradict the terms of this Agreement, in which case the terms of this Agreement shall control.
If a party is unable to resolve a dispute with Cal.net and wishes to assert a legal claim, the Terms & Conditions require that such claim will be resolved in arbitration or in small claims court, unless opted out of arbitration. Cal.net subscribers may opt out of arbitration within thirty (30) days from the date of activation of Service.
In order to opt out of arbitration, a party must call Cal.net Customer Service at 530-672-1078 ext. 2, within thirty (30) days of activation of the Service and request to opt out of arbitration. If more than thirty (30) days has passed since a party’s Cal.net service was activated, that party is not eligible to opt out of arbitration, and any opt out request will not be valid.
31. Miscellaneous:
a. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including reasonable attorneys’ fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord, Cal.net and their respective affiliates to recover their fees and expenses.
b. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum of Lease. Either party may record this Memorandum of Lease at any time during the Term, in its absolute discretion. Thereafter during the Term, either party will, at any time upon fifteen (15) business days’ prior written notice from the other, execute, acknowledge, and deliver to the other a recordable Memorandum of Lease.
c. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Cal.net and Landlord each waives any claims that each may have against the other with respect to consequential, incidental, or special damages, however caused, based on any theory of liability.
d. Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request.
e. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Agreement must be in writing and executed by both parties.
f. This Agreement shall be construed in accordance with the laws of the State of California. g. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. h. All information in this Agreement is considered to be confidential, and as such each party agrees not to use this confidential information for its own use or for any purpose outside of this Agreement. All September 11, 2025 Pg. 104
13 information pertaining to any consideration agreed upon by both parties is not to be shared or disclosed without prior written approval from the other party. Each party shall take all reasonable measures (i) to protect the secrecy of and avoid disclosure or unauthorized use of confidential information of the other party, and (ii) to prevent such confidential information from falling into the public domain or the possession of persons other than those persons authorized hereunder to have such information.
Landlord: City of Avenal
Mailing Address: 919 Skyline Blvd.
Mailing Add: 4425 Avantine drive
PO BOX 1041
Shingle Springs, CA 95682 Shingle Springs, CA
95682
916-838-2140 530-672-1078
[email protected]
Signatures Date Cal
.net Signature Date
____________________________________oney
Ridge
PO BOX 1041
Avenal, CA 93204 Shingle Springs, CA 95682
Physical address: 919 Skyline Blvd.
(home)
530-672-1078
Avenal, CA 93204
Ph: (559) 386-5766, email:
[email protected]@gmail.com
[email protected]
Signature Date Cal.net Signature Date
Printed name Title Printed Name Title
Signature Date
Printed name Title
IMPORTANT - Mail Payments to:
____________________________________
____________________________________
September 11, 2025 Pg. 105
14 EXHIBIT “A”
THIS IS FOR REFERENCE --
BLUE HIGHLIGHTED AREAS INDICATE POTENTIAL
LOCATIONS FOR TOWER. (Police Dept. / Hospital)
This Exhibit “A” needs to be further defined with City staff.
September 11, 2025 Pg. 106
15 EXHIBIT “B”
September 11, 2025 Pg. 107
16 EXHIBIT “C”
September 11, 2025 Pg. 108
1 4101 Wild Chaparral Drive, Shingle Springs, CA 95682
530-672-1078 ● 844-4CALNET ● www.cal.net
ANTENNA ARRAY/TOWER-LAND LEASE AGREEMENT
THIS TOWER/ANTENNA ARRAY-LAND LEASE AGREEMENT (“Agreement”) is entered into this 4th day of September, 2025 (“Effective Date”) by and between Cal.net, Inc., a Delaware Corporation with its principal place of business at 4101 Wild Chaparral Dr., Shingle Springs, CA 95682 (hereinafter “Cal.net”) and City of Avenal (hereinafter “Landlord”).
In consideration of the terms and covenants of this Agreement, and for other good and valuable consideration, the parties agree as follows:
1. Leased Property:
Subject to the terms and conditions of this Agreement, Landlord leases to Cal.net and Cal.net leases from Landlord a portion, including the air space above such ground space, of that real property owned by Landlord, located at 1027 Hydril Road, Avenal, CA 93204, APN: 038-260-049-000 (the “Property”), and situated at the south/southwest portion of the property (the “Premises”), as described herein in Exhibit “A” attached hereto and made a part hereof.
2. Use:
Cal.net shall use the Premises for the transmission and reception of communications signals, including any such frequencies as may be assigned to Cal.net by the Federal Communications Commission (“FCC”), and for installing, maintaining, repairing and operating telecommunications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure (“Tower/Antenna Array”), associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (“Telecommunications Facility”).
Cal.net’s use of the Premises is contingent upon its obtaining after the Effective Date all of the certificates, permits and other approvals (collectively, “Governmental Approvals”) that may be required by any federal, state or local law. Landlord authorizes Cal.net to prepare, execute and file all required applications to obtain Governmental Approvals and agrees to reasonably cooperate with Cal.net in obtaining all licenses and permits necessary or desirable for Cal.net’s use of the Premises. In the event that Cal.net is unable to obtain, or maintain, any of the Governmental Approvals or the issuance of a license or permit by any agency, board, court or other governmental authority necessary or desirable for the construction or operation of the Telecommunications Facility as now or hereafter intended by Cal.net, or if Cal.net determines, in its sole discretion, that the cost of or delay in obtaining or retaining the same is commercially unreasonable, Cal.net may terminate this Agreement upon written notice to Landlord.
September 11, 2025 Pg. 109
2 3. Term:
The initial term of this Agreement shall be ten (10) years (“Initial Term”), commencing upon the date this Agreement is executed by Landlord and Cal.net. This Agreement will automatically renew for four (4) additional five (5) year terms (each an “Extension Term”), upon the same terms and conditions, unless Cal.net gives Landlord written notice of Cal.net’s intention to terminate at least one hundred and eighty (180) days prior to the expiration of the then-current term. Unless either party notifies the other in writing of its intention to terminate this Agreement at least one hundred and eighty (180) days prior to the expiration of the final Extension Term, this Agreement shall continue in force upon the same covenants, terms and conditions for additional one (1) year terms (each an “Annual Term”) thereafter until terminated by either party by giving to the other written notice of its intention to so terminate at least one hundred and eighty (180) days prior to the end of any such Annual Term. Monthly rent during such Annual Terms shall be equal to Rent paid for the last month of the final Extension Term. If Cal.net remains in possession of the Premises after termination of this Agreement, then Cal.net will be deemed to be occupying the Premises on a month-to-month basis (“Holdover Term”), subject to the terms and conditions of this Agreement. The Initial Term, Extension Terms, any Annual Terms, and any Holdover Term are collectively referred to as the “Term.”
4. Lease Consideration:
As consideration for this Lease, Cal.net shall provide compensation to Landlord over the initial term of this agreement with the total value of $36,000.00.
a. Cal.net will provide a discount of $600.00 per month toward Landlord internet services, provided by Cal.net. This will be credited on invoicing given to Landlord, and will commence upon the completion and activation of the tower.
5. Installation and Access:
a. Landlord grants to Cal.net and its subtenants, licensees and sublicensees the right to use such portions of the Property as may be reasonably required during construction and installation of the Tower/Antenna Array and Telecommunications Facility.
b. Cal.net shall have the right to: (i) install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property’s main entry point to the equipment shelter or cabinet; (ii) install a generator and to make other improvements, alterations, upgrades or additions appropriate for Cal.net’s use, including the right to construct a fence around the Premises or equipment; (iii) install warning signs to make individuals aware of risks, (iv) install protective barriers; (v) install any other control measures reasonably required by Cal.net’s safety procedures or applicable law; and (vi) undertake any other appropriate means to secure the Premises or equipment at Cal.net’s expense. Cal.net shall have the right to modify, supplement, replace, upgrade, expand the Telecommunications Facility (including, for example, increasing the number of antennas or adding microwave dishes) or relocate the Telecommunications Facility within the Premises at any time during the Term. Cal.net further has the right to modify and/or replace equipment in order to be in compliance with any current or future federal, state, local laws and regulations, at no additional cost to Cal.net.
c. Landlord additionally grants to Cal.net, and its employees, agents and subcontractors, the nonexclusive right for pedestrian and vehicular access seven (7) days a week, twenty-four (24) hours a day, extending from the nearest public right of way to the Premises, for the purpose of installing and maintaining the Telecommunications Facility and any necessary or desirable utilities serving the Premises. As may be described more fully in Exhibit “A”, Landlord grants to Cal.net an easement for such access and agrees to provide to Cal.net such codes, keys and other instruments necessary for September 11, 2025 Pg. 110
3 such access at no additional cost to Cal.net. Landlord also grants to Cal.net the right to survey the Property and Premises and said survey shall then become Exhibit “B” which shall be attached hereto and made a part hereof and shall control in the event of boundary and access discrepancies between it and Exhibit “A.” Cal.net shall be responsible for all surveying fees. d. Cal.net may also perform and obtain, at Cal.net’s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over and under the Property, necessary to determine if Cal.net’s use of the Premises will be compatible with Cal.net’s engineering specifications, systems design, operations or Governmental Approvals. If Cal.net determines, in its sole discretion, due to the survey results or the results of any tests hereunder, that the condition of the Premises is unsatisfactory for its intended uses, Cal.net may terminate this Agreement upon written notice to Landlord. e. Cal.net shall provide Landlord, at Landlord’s request, with documentation of the telecommunications equipment installed on the Property. Documentation shall include a complete and detailed inventory of all telecommunications equipment and personal property included in the Telecommunications Facility and Tower/Antenna Array.
f. Cal.net shall provide a defensible space per USFS Requirements for Steel Telecommunication Towers (attached as Exhibit “C”) of 15 feet radius from the edge of the compound and cabinet equipment, which shall be part of the Premises. Cal.net will not replace the Landlord’s defensible space requirements in areas not covered by the aforementioned distances. g. Landlord shall notify Cal.net at least five (5) days in advance of the date when any scheduled or general maintenance of more than one (1) day is to occur at the Property which may preclude or otherwise prevent Cal.net’s access to the Tower/Antenna Array. h. Landlord shall provide Cal.net access to extend electrical power as necessary for operation of the installed equipment.
6. Reasonable Approval:
Both parties shall not unreasonably withhold, or delay approvals required under this Agreement.
7. Environmental Matters:
a. Landlord represents and warrants (i) the Property, as of the Effective Date, is free of hazardous substances, including asbestos-containing materials and lead paint; (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation; (iii) Landlord will notify Cal.net any and all enforcement, cleanup, remedial, removal, or other governmental or enforcement cleanup or other governmental or regulatory actions instituted, completed or threatened pursuant to any environmental laws relating to any hazardous materials affecting any part of the Property; and (iv) Landlord will notify Cal.net of all claims made or threatened by any third party against Landlord or any part of the Property relating to damage, contribution, cost recovery, compensation, loss or injury resulting from any hazardous materials on or about the Property.
b. Landlord and Cal.net agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property. c. Landlord and Cal.net each agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, September 11, 2025 Pg. 111
4 payment of penalties, sanctions, forfeitures, losses, costs or damages (collectively “Losses”), and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (collectively “Claims”), to the extent arising from that party’s breach under this Section
7. Landlord agrees to hold harmless and indemnify Cal.net from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of Losses and responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date or from such contamination caused by the acts or omissions of Landlord during the Term. Cal.net agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Cal.net for, payment of Losses and responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Cal.net. The indemnification provisions contained in this Section 7(c) specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal, or restoration work required by any governmental authority. The provisions of this Section will survive the expiration or termination of this Agreement.
d. In the event Cal.net becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property that, in Cal.net’s sole determination, renders the condition of the Premises or Property unsuitable for Cal.net’s use, or if Cal.net believes that the leasing or continued leasing of the Premises would expose Cal.net to undue risks of liability to a government agency or other third party, then Cal.net will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord.
8. Maintenance/Utilities:
a. Cal.net will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto and all areas of the Premises where Cal.net does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Cal.net as a condition of this Agreement or any permit. b. Cal.net will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Cal.net on the Premises. In the event Cal.net cannot secure its own metered electrical supply, Cal.net shall have the right, at its own cost and expense, to sub-meter from Landlord. When sub-metering is required under this Agreement, Landlord will read the meter and provide Cal.net with an invoice and usage data on a monthly basis.
Cal.net shall reimburse Landlord for such utility usage at the same rate charged to Landlord by the utility service provider. Landlord further agrees to provide the usage data and invoice on forms provided by Cal.net and to send such forms to such address and/or agent designated by Cal.net.
Cal.net will remit payment within sixty (60) days of receipt of the usage data and required forms.
Landlord shall maintain accurate and detailed records of all utility expenses, invoices, and payments applicable to Cal.net’s reimbursement obligations hereunder. Within fifteen (15) days after a request from Cal.net, Landlord shall provide copies of such utility billing records to Cal.net in the form of copies of invoices, contracts and cancelled checks. If the utility billing records reflect an overpayment by Cal.net, Cal.net shall have the right to deduct the amount of such overpayment from any monies due to Landlord from Cal.net.
c. All damages payable under this Agreement for sub-metered utilities shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred. Any charges September 11, 2025 Pg. 112
5 beyond such periods shall not be billed by Landlord and shall not be payable by Cal.net. If Cal.net sub-meters electricity from Landlord, Landlord agrees to give Cal.net at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Cal.net provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Cal.net’s reasonable determination, Landlord agrees to allow Cal.net the right to bring in a temporary source of power for the duration of the interruption. d. Cal.net will have the right to install utilities, at Cal.net’s expense, and to improve present utilities on the Property and the Premises. Landlord hereby grants to any service company providing utilities or similar services, including electric power and telecommunications, to Cal.net an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such service companies may from time to time require in order to provide such services to the Premises. Upon Cal.net’s or service company’s request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Cal.net or the service company.
9. Termination:
Except as otherwise provided herein, this Agreement may be terminated, without penalty or further liability, as follows:
a. by either party upon thirty (30) days’ written notice, if the other party remains in default of any covenant or term under this Agreement after any applicable cure period or within thirty (30) days of receipt of notice of default if no cure period is specified. b. by Cal.net upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Cal.net; or
c. by Cal.net upon sixty (60) days’ prior written notice to Landlord for any reason or no reason, so long as Cal.net pays Landlord a termination fee equal to three (3) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Cal.net under any termination provision contained in any other Section of this Agreement.
10.Removal/Restoration:
All portions of the Telecommunications Facility brought onto the Property by Cal.net will be and remain Cal.net’s personal property and, at Cal.net’s option, may be removed by Cal.net at any time during or after the Term. Landlord covenants and agrees that no part of the Telecommunications Facility constructed, erected or placed on the Premises by Cal.net will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed, erected or placed by Cal.net on the Premises will be and remain the property of Cal.net and may be removed by Cal.net at any time during or after the Term. Cal.net will repair any damage to the Property resulting from Cal.net’s removal activities. Any portions of the Telecommunications Facility that Cal.net does not remove within one hundred twenty (120) days after the later of the end of the Term and cessation of Cal.net’s operations at the Premises shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing, Cal.net will not be responsible for the replacement of any trees, shrubs, or other vegetation.
September 11, 2025 Pg. 113
6 11. Insurance:
a. Cal.net shall maintain commercial general liability insurance coverage, including property/operations coverage, independent contractor’s liability, completed operations coverage, contractual liability, with limits of at least $1,000,000.00 per occurrence and $2,000,000.00 policy aggregate. b. Landlord shall, at its own cost, maintain commercial general liability insurance with limits of not less than $1,000,000.00 for injury to or death of one or more persons in any one occurrence and $500,000.00 for damage or destruction to property in any one occurrence. c. Neither party shall be liable to the other (or to the other’s successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard insurance policy, and, in the event of such insured loss, neither party’s insurance company shall have a subrogated claim against the other.
12. Taxes:
a. Landlord shall be responsible for (i) all taxes and assessments levied upon the lands, improvements and other property of Landlord, (ii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with this Agreement, and (iii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with a sale of the Property or assignment of Rent payments by Landlord. Cal.net shall be responsible for (y) any taxes and assessments attributable to and levied upon Cal.net’s leasehold improvements on the Premises if and as set forth in this Section 12 and (z) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with an assignment of this Agreement or sublease by Cal.net. Nothing herein shall require Cal.net to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord.
b. In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on Cal.net’s leasehold improvements on the Premises, Landlord shall provide Cal.net with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If Landlord does not provide such notice or notices to Cal.net in a timely manner and Cal.net’s rights with respect to such taxes are prejudiced by the delay, Landlord shall reimburse Cal.net for any increased costs directly resulting from the delay; shall be responsible for payment of the tax or assessment set forth in the notice; and shall not have the right to reimbursement of such amount from Cal.net. If Landlord provides a notice of assessment to Cal.net within such time period and requests reimbursement from Cal.net as set forth below, then Cal.net shall reimburse Landlord for the tax or assessments identified on the notice of assessment on Cal.net’s leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Cal.net, Landlord shall, no later than thirty (30) days after Landlord’s payment of the taxes or assessments for the assessed tax year, provide Cal.net with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Cal.net any other documentation reasonably requested by Cal.net to allow Cal.net to evaluate the payment and to reimburse Landlord.
c. For any tax amount for which Cal.net is responsible under this Agreement, Cal.net shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate, or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as permitted by law. This right shall September 11, 2025 Pg. 114
7 include the ability to institute any legal, regulatory, or informal action in the name of Landlord, Cal.net, or both, with respect to the valuation of the Premises. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and shall execute any documents required therefor. The expense of any such proceedings shall be borne by Cal.net and any refunds or rebates secured as a result of Cal.net’s action shall belong to Cal.net, to the extent the amounts were originally paid by Cal.net. In the event Cal.net notifies Landlord by the due date for assessment of Cal.net’s intention to contest the assessment, Landlord shall not pay the assessment pending conclusion of the contest, unless otherwise required by applicable law. d. Landlord shall not split or cause the taxed parcel on which the Premises are located to be split, bifurcated, separated, or divided without the prior written consent of Cal.net. e. Cal.net shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Cal.net. In the event that Cal.net exercises its rights under this Section 12e due to such Landlord default, Cal.net shall have the right to deduct such tax amounts paid from any monies due to Landlord from Cal.net without having provided to Landlord notice and the opportunity to cure. f. Any tax-related notices shall be sent to Cal.net in the manner set forth in Section 17. Promptly after the Effective Date, Landlord shall provide Cal.net’s address as set forth in Section 17 to the taxing authority for the authority’s use in the event the authority needs to communicate with Cal.net. In the event that Cal.net’s tax address changes by notice to Landlord, Landlord shall be required to provide Cal.net’s new tax address to the taxing authority or authorities. g. Notwithstanding anything to the contrary contained in this Section 12, Cal.net shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third party.
13. Damage or Destruction of Property:
If the Property, Tower/Antenna Array, or any other part of the Telecommunications Facility is destroyed or damaged so as, in Cal.net’s judgment, to render the site unusable, then in Cal.net’s sole determination, Cal.net may elect to terminate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or damage. In the event Cal.net elects to terminate the Agreement, Cal.net shall be entitled to collect all insurance proceeds payable to Cal.net on account thereof and to reimbursement of any prepaid Rent payments prorated prior to the date of termination. If Landlord or Cal.net undertakes to rebuild or restore the Premises and/or the Telecommunications Facility, as applicable, Landlord agrees to permit Cal.net to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and/or the Telecommunications Facility is completed. If Landlord determines not to rebuild or restore the Property, Landlord will notify Cal.net of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Cal.net and Cal.net decides not to terminate under this Section 13, then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Cal.net’s intended use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Cal.net places temporary transmission and reception facilities on the Property.
14. Exclusivity:
Prior to or concurrent with the Effective Date, Landlord has provided or will provide Cal.net with a list of radio frequency user(s) and frequencies used on the Property as of the Effective Date. Cal.net warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as the existing radio frequency user(s) operate and continue to operate within their respective September 11, 2025 Pg. 115
8 frequencies and in accordance with all applicable laws and regulations. Landlord shall not grant, after the Effective Date, a lease, license or any other right to any third party, if the exercise of such grant may in any way adversely affect or interfere with the Telecommunications Facility, the operations of Cal.net or the rights of Cal.net under this Agreement. Landlord shall notify Cal.net in writing prior to granting any third party the right to install and operate communications equipment on the Property.
Landlord shall not, nor shall Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with the Telecommunications Facility, the operations of Cal.net or the rights of Cal.net under this Agreement. Landlord shall cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Cal.net. In the event any such interference does not cease within the aforementioned cure period; Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. For the purposes of this Agreement, “interference” may include, but is not limited to, any use on the Property or surrounding property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Telecommunications Facility.
15.Condemnation:
In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord shall provide notice of the proceeding to Cal.net within twenty-four (24) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Cal.net’s sole determination, to render the Premises unsuitable for Cal.net, this Agreement will terminate as of the date the title vests in the condemning authority. The parties shall each be entitled to pursue their own separate awards in the condemnation proceeds, which for Cal.net will include, where applicable, the value of its Telecommunications Facility, moving expenses, prepaid Rent, and business dislocation expenses. Cal.net will be entitled to reimbursement for any prepaid Rent on a pro rata basis.
16. Indemnification:
a. Except for the negligent acts or omissions or willful misconduct of Landlord, Landlord’s agents, invitees or employees, Cal.net agrees to indemnify, defend, and hold harmless Landlord and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation, which may be asserted against or incurred by Landlord or for which Landlord may be held liable, which arise from the negligence, willful misconduct, or other fault of Cal.net in the performance of this Agreement or from the installation, operation, use, maintenance, repair, removal, or presence of Cal.net’s Telecommunications Facility and the Tower/Antenna Array.
b. Except for the negligent acts or willful misconduct of Cal.net’s agents or employees, Landlord agrees to indemnify, defend, and hold harmless Cal.net and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation, which may be asserted against or incurred by Cal.net or for which Cal.net may be held liable, which arise from Landlord’s, or its employees, agents or subcontractors, actions or failure to act or Landlord’s breach of any provision of this Agreement.
17. Notices:
All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the addresses of each party set forth in the signature of this Agreement.
September 11, 2025 Pg. 116
9 18.Representations and Warranties:
a. Landlord represents and warrants that:
i. Landlord has full right, power, and authority to execute this Agreement. ii. Cal.net shall have the quiet enjoyment of the Property during the term of this Agreement in accordance with its terms.
iii. Landlord solely owns the Property as a legal lot in fee simply or controls the Property by a lease or license.
iv. The Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, easements, leases, or any other agreements of record or not of record which would adversely affect Cal.net’s use.
v. Landlord’s execution and performance of this Agreement will not violate any laws, ordinances, covenants or provisions of any lease or other agreement binding on Landlord; and vi. If the Property is or becomes encumbered by a deed to secure a debt, mortgage, or other security interest, then Landlord will promptly provide to Cal.net a mutually agreeable subordination, non-disturbance and attornment agreement executed by Landlord and the holder of such security interest.
b. Landlord acknowledges that the Telecommunications Facility could have emergency services installed for E-911 and other first responders and that tampering with Cal.net’s equipment in any way can be construed as an act of domestic terrorism which can result in felony charges. If the Property is sold or leased, Landlord agrees to provide written notice to tenants and/or prospective buyers. c. Cal.net, at its own cost, has the right to obtain a title commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Cal.net, such title commitment shows any defects of title or any liens or encumbrances which may adversely affect Cal.net’s use of the Premises, Cal.net shall have the right to cancel this Agreement immediately upon written notice to Landlord.
19. Waiver of Landlord’s Liens:
Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Telecommunications Facility or any portion thereof. The Telecommunications Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law. Landlord consents to Cal.net’s right to remove all or any portion of the Telecommunications Facility from time to time in Cal.net’s sole discretion and without Landlord’s consent.
20.Sale of Property:
a. Landlord may sell the Property or a portion thereof to a third party, provided: (i) the sale is made subject to the terms of this Agreement; and (ii) if the sale does not include the assignment of Landlord’s full interest in this Agreement, the purchaser must agree to perform, without requiring compensation from Cal.net or any subtenant, any obligation of Landlord under this Agreement, including Landlord’s obligation to cooperate with Cal.net as provided hereunder. b. If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide, or otherwise transfer all or any part of the Premises, or all or any part of the Property or the surrounding property, to a purchaser other than Cal.net, Landlord shall promptly notify Cal.net in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Cal.net’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) September 11, 2025 Pg. 117
10 days of such transfer, Landlord or its successor shall send the following documents to Cal.net: (i) old deed to Property, (ii) new deed to Property, (iii) bill of sale or transfer, (iv) copy of current tax bill, (v) new IRS Form W-9, (vi) completed and signed tenant payment direction form, and (vii) full contact information for new Landlord including phone number(s). Until Cal.net receives all such documents, Cal.net’s failure to make payments under this Agreement shall not be an event of default, and Cal.net reserves the right to hold payments due under this Agreement. c. Landlord agrees not to sell, lease or use any areas of the Property or the surrounding property for the installation, operation or maintenance of other wireless communication facilities if such installation, operation or maintenance would interfere with Cal.net’s intended use or communications equipment as determined by radio propagation tests performed by Cal.net in its sole discretion.
Landlord or Landlord’s prospective purchaser shall reimburse Cal.net for any costs and expenses of such testing. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Cal.net, Landlord shall be prohibited from selling, leasing, or using any areas of the Property or the surrounding property for purposes of any installation, operation or maintenance of any other wireless communication facility or equipment. d. The provisions of this Section 20 shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations.
21.Right of First Refusal:
Notwithstanding the provisions contained in Section 20, if at any time after the Effective Date, Landlord receives a bona fide written offer from a third party seeking any sale, conveyance, assignment or transfer, whether in whole or in part, of any property interest in or related to the Premises, including without limitation any offer seeking an assignment or transfer of the Rent payments associated with this Agreement or an offer to purchase an easement with respect to the Premises (“Offer”), Landlord shall immediately furnish Cal.net with a copy of the Offer. Cal.net shall have the right within ninety (90) days after it receives such copy to match the financial terms of the Offer and agree in writing to match such terms of the Offer. Such writing shall be in the form of a contract substantially similar to the Offer, but Cal.net may assign its rights to a third party. If Cal.net chooses not to exercise this right or fails to provide written notice to Landlord within the ninety (90) day period, Landlord may sell, convey, assign, or transfer such property interest in or related to the Premises pursuant to the Offer, subject to the terms of this Agreement. If Landlord attempts to sell, convey, assign, or transfer such property interest in or related to the Premises without complying with this Section 21, the sale, conveyance, assignment or transfer shall be void. Cal.net reserves the right to withhold payments due under this Agreement until Landlord complies with this Section 21; and Cal.net shall not be responsible for any failure to make payments under this Agreement as permitted by this sentence. Cal.net’s failure to exercise the right of first refusal shall not be deemed a waiver of the rights contained in this Section 21 with respect to any future proposed conveyances as described herein.
22.Assignment:
Cal.net may assign or sublet under this Agreement without the prior written consent of Landlord. Upon an assignment of Cal.net’s interest, it shall be released from all liability under this Agreement.
23.Compliance with Laws:
All work performed or materials supplied under this Agreement shall be furnished or performed in full and complete compliance with all applicable federal, state, and local laws and regulations in the performance of this Agreement, including the procurement of software licenses, secure certificates, etc., where needed.
September 11, 2025 Pg. 118
11 24.Severability:
The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision.
The provisions of this Agreement are severable and if any one or more of such provisions shall be determined to be invalid, illegal, or unenforceable, in whole or in part, the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected or impaired thereby and shall nevertheless be binding between the parties hereto. Any such invalid, illegal or unenforceable provision or portion thereof shall be changed and interpreted so as to best accomplish the objectives of such provision or portion thereof within the limits of applicable law or applicable court decisions.
25. Headings/Interpretation:
Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement. Where the context provides, the singular shall include the plural and terms shall be interpreted as gender neutral. The word “including” shall be read as “including without limitation.” No provision of this Agreement or any related document shall be construed against or interpreted to the disadvantage of any party hereto by any court or other governmental or judicial authority by reason of such party having or being deemed to have structured or drafted such provision.
26. Entire Agreement:
This Agreement, including any Exhibits or Addenda hereto, sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and any and all previous agreements, representations, or understandings, whether oral or written, which are inconsistent with or additional to any of the various terms and conditions of this Agreement are hereby canceled, rendered null and void and superseded in their entirety. No agreement or understanding to modify this Agreement shall be binding upon either party unless agreed to in writing by an employee of each party authorized to bind such party.
27.Counterparts:
This Agreement may be executed in counterparts with the same force and effect as if each of the signatories had executed the same instrument. If this Agreement is executed in counterparts, no signatory hereto shall be bound until both parties named below have duly executed or caused to be executed a counterpart of this Agreement and delivered such executed counterpart to the other party.
28. Waiver:
A waiver of a breach of any term of this Agreement must be in writing and shall not be construed as a waiver of any succeeding breach of that term or as a waiver of the term itself. A party’s performance after the other’s breach shall not be construed as a waiver of that breach. No waiver, failure or delay by either party to enforce or take advantage of any provision or right under this Agreement shall constitute a subsequent waiver of that provision or right, nor shall such waiver, failure or delay be a waiver of any of the other terms and conditions of this Agreement.
29.Successors and Assigns:
This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, and assigns.
September 11, 2025 Pg. 119
12 30.Arbitration & Disputes:
Cal.net’s Terms & Conditions require each party to give Cal.net the opportunity to resolve all disputes before filing a claim in court or pursuing arbitration. (See Cal.net’s Terms and Conditions, available at https://www.cal.net/legal/terms_and_conditions, for more information and for how to contact Cal.net to resolve a dispute.) Cal.net requires arbitration of disputes unless a party opts out within thirty (30) days of activation of the Cal.net service. See Cal.net’s Terms and Conditions for details, which are incorporated into this Agreement, except to the extent the Terms & Conditions contradict the terms of this Agreement, in which case the terms of this Agreement shall control.
If a party is unable to resolve a dispute with Cal.net and wishes to assert a legal claim, the Terms & Conditions require that such claim will be resolved in arbitration or in small claims court, unless opted out of arbitration. Cal.net subscribers may opt out of arbitration within thirty (30) days from the date of activation of Service.
In order to opt out of arbitration, a party must call Cal.net Customer Service at 530-672-1078 ext. 2, within thirty (30) days of activation of the Service and request to opt out of arbitration. If more than thirty (30) days has passed since a party’s Cal.net service was activated, that party is not eligible to opt out of arbitration, and any opt out request will not be valid.
31. Miscellaneous:
a. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including reasonable attorneys’ fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord, Cal.net and their respective affiliates to recover their fees and expenses.
b. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum of Lease. Either party may record this Memorandum of Lease at any time during the Term, in its absolute discretion. Thereafter during the Term, either party will, at any time upon fifteen (15) business days’ prior written notice from the other, execute, acknowledge, and deliver to the other a recordable Memorandum of Lease.
c. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Cal.net and Landlord each waives any claims that each may have against the other with respect to consequential, incidental, or special damages, however caused, based on any theory of liability.
d. Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request.
e. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Agreement must be in writing and executed by both parties.
f. This Agreement shall be construed in accordance with the laws of the State of California. g. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. h. All information in this Agreement is considered to be confidential, and as such each party agrees not to use this confidential information for its own use or for any purpose outside of this Agreement. All September 11, 2025 Pg. 120
13 information pertaining to any consideration agreed upon by both parties is not to be shared or disclosed without prior written approval from the other party. Each party shall take all reasonable measures (i) to protect the secrecy of and avoid disclosure or unauthorized use of confidential information of the other party, and (ii) to prevent such confidential information from falling into the public domain or the possession of persons other than those persons authorized hereunder to have such information.
Landlord: City of Avenal
Mailing Address: 919 Skyline Blvd.
Mailing Add: 4425 Avantine drive
PO BOX 1041
Shingle Springs, CA 95682 Shingle Springs, CA
95682
916-838-2140 530-672-1078
[email protected]
Signatures Date Cal
.net Signature Date
____________________________________oney
Ridge
PO BOX 1041
Avenal, CA 93204 Shingle Springs, CA 95682
Physical address: 919 Skyline Blvd.
(home)
530-672-1078
Avenal, CA 93204
Ph: (559) 386-5766, email:
[email protected]@gmail.com
[email protected]
Signature Date Cal.net Signature Date
Printed name Title Printed Name Title
Signature Date
Printed name Title
IMPORTANT - Mail Payments to:
____________________________________
____________________________________
September 11, 2025 Pg. 121
14 EXHIBIT “A”
THIS IS FOR REFERENCE --
BLUE HIGHLIGHTED AREAS INDICATE POTENTIAL
LOCATIONS FOR TOWER. (Animal Shelter/Community Center)
This Exhibit “A” needs to be further defined with City staff.
September 11, 2025 Pg. 122
15 EXHIBIT “B”
September 11, 2025 Pg. 123
16 EXHIBIT “C”
September 11, 2025 Pg. 124
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO.
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: September 11th, 2025
RE: Consider Approval of Task Order for the City of Avenal Climate Action and Adaptation Plan
BACKGROUND:
The City of Avenal recognizes the increasing urgency to proactively address climate change and build community resilience. Through the Caltrans Sustainable Transportation Planning Grant Program, the City has been awarded a grant under the Climate Adaptation Planning category for Fiscal Year 2024-25 to develop a comprehensive Climate Action and Adaptation Plan (CAAP).
INFORMATION:
The Climate Action and Adaptation Plan will evaluate Avenal’s local transportation system vulnerability to climate stressors, such as extreme heat, flooding, and drought. Key outcomes from this Plan include developing specific adaptation strategies for priority transportation corridors in Avenal and our active transportation facilities, developing sustainable infrastructure design standards for our city, and performing meaningful and interactive engagement with our underserved residents, including those with disabilities, students, and older adults to arrive at solutions and recommendations that are equitable and appropriate for our unique community.
Components of the project include GIS mapping, infrastructure assessment, community engagement, development of sustainable climate adaptation strategies, and identification of potential implementation funding.
The resolution authorizes the City Manager to issue a task order to A&M Consulting Engineers to initiate work on the CAAP and authorizes the expenditure of $350,000. A&M Consulting Engineers was selected through a competitive procurement process to serve as the lead consultant for state and federal grant-funded projects. The plan will be developed in compliance with Caltrans guidelines and must be completed by June 30, 2027.
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution authorizing the City Manager to issue a task order to A&M Consulting Engineers to begin the Climate Action and Adaptation Plan.
FISCAL IMPACT:
The total cost of the project is $350,000, consisting of $309,858 in Caltrans grant funds and a required local cash match of $40,142. Local Transportation Funds will be utilized to satisfy the local match requirement.
September 11, 2025 Pg. 125
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF: RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF
AVENAL AUTHORIZING THE CITY
MANAGER TO ISSUE A TASK ORDER
TO INITIATE THE PREPARATION OF
THE CITY OF AVENAL CLIMATE
ACTION AND ADAPTATION PLAN
RESOLUTION 2025-_ __
WHEREAS the City of Avenal recognizes the critical need to prepare for the impacts of climate change by advancing transportation infrastructure strategies that are sustainable, resilient, and equitable; and
WHEREAS, the City of Avenal has been awarded funding through the Caltrans Sustainable Transportation Planning Grant Program, under the Climate Adaptation Planning grant category, for Fiscal Year 2024-25, to prepare a Climate Action and Adaptation Plan; and WHEREAS, the Climate Action and Adaptation Plan will evaluate climate stressors, assess transportation infrastructure vulnerabilities, and develop strategies to mitigate the impacts of extreme weather, while prioritizing improvements for disadvantaged communities within the City; and
WHEREAS, the project will include community engagement, GIS mapping, infrastructure assessment, financial analysis, development of adaptation strategies, and identification of implementation funding opportunities, consistent with Caltrans guidelines and applicable planning standards;
WHEREAS, the Sustainable Transportation Planning Grant Program is a state funded program; and
WHEREAS, the City of Avenal has selected A&M Consulting Engineers through a competitive procurement process to serve as the lead consultant for state and federal grant-funded projects; and
UPON MOTION OF COUNCIL MEMBER , SECONDED BY COUNCIL
MEMBER , THE FOLLOWING WAS PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON September 11, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
ALVARO PRECIADO, Mayor MARIA. A ORTIZ, City Clerk
CITY OF AVENAL CITY OF AVENAL
September 11, 2025 Pg. 126
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found that the foregoing recitals are true;
2. The City Manager is hereby authorized and directed to issue a task order to A&M Consulting Engineers to initiate work on the City of Avenal Climate Action and Adaptation Plan.
3. The City Council authorizes the expenditure of $350,000, in accordance with the approved grant agreement with Caltrans.
4. The City of Avenal shall ensure the Climate Action and Adaptation Plan is developed in compliance with all Caltrans requirements and submitted within the project timeline ending June 30, 2027.
5. Authorized the City Manager, and all relevant City staff to carry out the terms and conditions of the executed grant agreement and this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto. * * * * * * * * * * * * * * * * * *
September 11, 2025 Pg. 127
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO.
TO: The Honorable Mayor and City Council
FROM: Javier Andrade, Contract City Engineer
DATE: September 11, 2025
RE: Consider Approval of the 2024 Avenal Road Maintenance Project Bid from VSS International, Inc.
INFORMATION:
The 2024 Avenal Road Maintenance Project has been refined through value engineering to maximize coverage within the approved budget. In lieu of the originally planned cape seal, the project will utilize a double micro surfacing treatment to enhance pavement performance. This revision increases the total treated area from approximately 30,000 square yards to approximately 45,000 square yards, enabling the inclusion of two additional streets. As part of this scope adjustment, the previously planned fire hydrant replacement on Kings Street has been removed from this contract. The City solicited bids, resulting in a total of (2) bids received, opened, and read aloud on August 21, 2025, at 2:00 PM, as follows:
CONTRACTOR TOTAL BID
Pavement Coatings Co. $648,670.00
VSS International, Inc. $772,120.00
Pavement Coatings Co. was the apparent lowest bidder; however, after bid tabulation and evaluation, it was determined to be non-responsive due to the bid exceeding the solicitation’s mandatory cap of 5% of the total base bid for Item 1. This constitutes a material, price-affecting deviation that confers an unfair advance-payment advantage over compliant bidders and therefore cannot be accepted. Consistent with the California Department of General Services’ State Contracting Manual, bids must comply without material deviation; advantage-conferring deviations are non-waivable and render a bid non-responsive.
The most responsive bidder after value engineering is VSS International, Inc. in the amount of $441,550.00.
RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 2025-___ to award the contract to VSS International, Inc. for the 2024 Avenal Road Maintenance Project for the amount of $772,120 with the condition of change order No. 1 to be adopted with the final project cost of $441,550 per the value engineering described and authorize the City Manager to execute the agreement on behalf of the City.
September 11, 2025 Pg. 128
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO.
FISCAL IMPACT: $441,550.00 in construction costs for the 2024 Avenal Road Maintenance Project shall be funded through Local Funds.
September 11, 2025 Pg. 129
SAN JOAQUIN ST
LANEVA BLVD (RT 33)
ALPINE ST
MARIPOSA ST
MONTEREY ST
MERCED ST
MADERA ST
MARIN ST
SONOMA ST
1ST AVE
2ND AVE
3RD AVE
5TH AVE
7TH AVE
STANISLAUS ST
MERCED ST
KINGS ST
PARK AVE
FRESNO ST
A AVE
SKYLINE BLVD (RT 269)
SAN BENITO ST
MONO ST
SONOMA LN
THURSTON AVE
C AVE
B LN
D LN
CITY OF AVENAL
2024 ROAD MAINTENANCE PROJECT
INDEX OF PLANS
CITY ENGINEER
JAVIER ANDRADE, PE, QSD
A&M CONSULTING ENGINEERS
220 N LOCUST ST.
VISALIA, CA 93291
(559) 429-4747
PUBLIC WORKS DIRECTOR
ROB WILLIAMS
CITY OF AVENAL
1290 HYDRIL ROAD
AVENAL, CA 93204
(559) 401-5185
CITY & ENGINEER CONTACTS
PROJECT UTILITY CONTACTS
1. ALL STREETS WITHOUT A SIGNING, STRIPING, & PAVEMENT MARKINGS PLAN SHALL BE REPAINTED AS EXISTING. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO DOCUMENT ALL EXISTING STRIPINGLAYOUTS AND MARKINGS IF NOT SHOWN ON THE PLANS.
2. ALL WORK AND MATERIALS SHALL CONFORM TO CALTRANS STANDARD PLANS (2023 OR LATEST REVISED VERSION) AND THE CA 2014 MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS MUTCD (LATEST REVISED VERSION) .
3. ALL CROSSWALK STRIPING SHALL BE THERMOPLASTIC.
4. ANY CONTRACTOR PERFORMING WORK ON THIS PROJECT SHALL FAMILIARIZE HIMSELF WITH THIS SITE AND
SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO EXISTING FACILITIES RESULTING DIRECTLY OR INDIRECTLY FROM HIS OPERATIONS, WHETHER OR NOT SUCH FACILITIES ARE SHOWN ON THESE PLANS.
5. THE GAP BETWEEN THE LINES OF THE CROSSWALK SHALL NOT BE LESS THAN 6 FEET. THE GAP BETWEEN THE LINES OF THE YELLOW SCHOOL CROSSWALK SHALL BE 10 FEET WITH HIGH VISIBILITY 24'' LADDER PATTERN AS SHOWN IN THE PLANS.
6. CONTRACTOR TO PROTECT IN PLACE TEMPORARY REFLECTIVE MARKERS. ANY MARKER WHICH IS DAMAGED AND IS NO LONGER REFLECTIVE, SHALL BE REMOVED AND REPLACED AT THE CONTRACTORS EXPENSE.
CONTRACTOR SHALL HAVE THE OPTION OF PLACING TEMPORARY MARKERS AFTER ROADWAY TREATMENT TO AVOID REFLECTIVE MARKER DAMAGE.
7. ALL STRIPING MUST BE CAT TRACKED AND APPROVED BY THE ENGINEER BEFORE COMMENCING WORK. ANY STRIPING WHICH IS NOT APPROVED BY THE ENGINEER AND IS DETERMINED TO BE IN CONFLICT WITH ANYOTHER STRIPING OR OBJECTS WILL BE REMOVED AT THE CONTRACTORS EXPENSE.
8. CONTRACTOR SHALL REPAINT AL EXISTING CROSSWALKS DISTRIBUTED BY MIRCO-SURFACING TREATMENT.9. CONTRACTOR SHALL REPLACE EXISTING REFLECTORS DISTRIBUTED BY MICRO-SURFACING TREATMENT AND ADD REFLECTORS WHERE CURRENTLY MISSING.
10. CONTRACTOR SHALL PROVIDE BLUE REFLECTIVE PAVEMENT MARKER NEXT TO EVERY FIRE HYDRANT, IF ANY.
FIRE HYDRANT LOCATIONS SHALL BE FIELD VERIFIED.
11. THE GAP BETWEEN THE LINES OF THE CROSSWALK SHALL NOT BE LESS THAN 6 FEET. THE GAP BETWEEN THE LINES OF THE YELLOW SCHOOL CROSSWALK SHALL BE 10 FEET WITH HIGH VISIBILITY 24'' LADDER PATTERN AS SHOWN IN THE PLANS.
12. SEE SHEET 5 FOR STRIPING AND MARKING DETAILS.
SIGNING, STRIPING & MARKING NOTES
PG&E
JEFF HEIDNGER
705 "P" ST.,
FRESNO, CA 93760
(559) 263-7368
SOUTHERN CALIFORNIA GAS CO
AMY PENA
404 N TIPTON STREET
VISALIA, CA 93292
(559) 739-2308
AT&T
MARSHALL JOHNSON
420 S. GRAND AVE RM1500
LOS ANGELES, CA 90071
(213) 633-3122
THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY MONUMENTATION AND/OR BENCHMARKS WHICH WILL BE DISTURBED OR DESTROYED BY CONSTRUCTION. ANY MONUMENT OR BENCHMARK FOUND TO BE DISTURBED ORDESTROYED WILL BE THE RESPONSIBILITY OF THE CONTRACTOR AND PAID BY THE CONTRACTOR TO REPLACE SUCHMONUMENT OR BENCHMARK. SUCH POINTS SHALL BE REFERENCED AND REPLACED WITH APPROPRIATEMONUMENTATION BY A LICENSED LAND SURVEYOR OR A REGISTERED CIVIL ENGINEER AUTHORIZED TO PRACTICELAND SURVEYING. A CORNER RECORD OR RECORD OF SURVEY, AS APPROPRIATE, SHALL BE FILED BY THE LICENSEDLAND SURVEYOR OR CIVIL ENGINEER AS REQUIRED BY THE PROFESSIONAL LAND SURVEYORS ACT (BUSINESS ANDPROFESSIONS CODE SECTION 8771).
THE CONTRACTOR SHALL NOTIFY THE ENGINEER AND RECEIVE THE ENGINEER'S APPROVAL TO COMMENCE WORK
ONCE ALL EXISTING ROADWAY MONUMENTS HAVE BEEN NOTED AND PROTECTED IN PLACE BEFORE THE PLACEMENT OF THE MICROSURFACING.
MONUMENTATION PERPETUATIONREQUIREMENTS
NTS
VICINITY MAP
CITY OF AVENAL
1 - COVER SHEET
2 - IMPROVEMENT LOCATIONS
3 - MADERA & FRESNO STREET STRIPING & MARKINGS
4 - KINGS STREET STRIPING & MARKINGS
5 - STRIPING & MARKING DETAILS SHEET
1 SCALE:
JOB NO: 224-034
QA/QC: OM
FILE:
DATE: 7/15/2025
REVISIONS
NO.
SHEET NO.OF 5
AJ V EI R
AN
DRA DE
SI GER ET RED PRO
F
ES
SIONAL ENGINEER
STATE OF
CA
L
FI ORN AI
NO. 87348
CIVIL
© A&M CONSULTING ENGINEERS, INC. 2025
CITY OF AVENAL
2024 ROAD MAINTENANCE PROJECT
ENGINEERING PLANS FOR:
SHEET TITLE:
COVER SHEET
AS SHOWN
224-034_COVER
SHEET_RECOVER.DWG
LEGEND
PROJECT LOCATION
AB AGGREGATE BASEAC ASPHALT CONCRETEACP ASPHALT CONCRETE PAVING/PAVEMENTAGG AGGREGATEALT ALTERNATE
C CONCRETECITY CITY OF AVENALCL CENTERLINECONC CONCRETECTR CENTER
DIA DIAMETERDIM DIMENSIONELEV ELEVATIONEP EDGE OF PAVEMENTEQ EQUALEXIST EXISTING
MFR MANUFACTURE(R)MH MANHOLE
NO NUMBERNTS NOT TO SCALE
OC ON CENTEROG ORIGINAL GROUNDOH OVERHEAD
P PAVEMENTPROP PROPOSEDPT POINT
REM REMOVEREV REVISION(S), REVISED
SF SQUARE FEETSG SUBGRADESHT SHEETSL SLOPESPEC SPECIFICATION(S)SQ SQUAREST STREETSTA STATIONSTD STANDARDTYP TYPICAL
W/ WITH
@ AT
ABBREVIATIONS LEGEND
PROPOSED CAPE SEAL
MICROSURFACING (TYPE II) RUBBERIZED WITH FIBER CAPE SEAL INSTALL TRANSITION PER DETAIL 1 ON SHEET 2INSTALL TRANSITION PER DETAIL 2 ON SHEET 2 ** *
IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO IDENTIFY AND NOTE THE LOCATION OF ALL UTILITY COVERS WITHIN THE PROJECT AREA. PRIOR TO ANY ROAD TREATMENT OR SURFACE APPLICATION THE CONTRACTOR MUST
ENSURE THAT ALL UTILITY COVERS ARE PROPERLY PROTECTED AND COVERED AS STATED PER THE SPECIFICATIONS TO PREVENT DAMAGE, OBSTRUCTION, OR LOSS OF ACCESS.
CONTRACTOR NOTES
1. EXISTING UTILITIES AND EXISTING IMPROVEMENTS MAY BE SHOWN AT APPROXIMATED LOCATIONS DUE TO THE AVAILABLE RECORD INFORMATION AT THE TIME OF PLAN PREPARATION. OTHER UTILITY LINES MAY EXIST. IT
SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO FIELD VERIFY ALL EXISTING UTILITIES BY POTHOLING OR LOCATING SERVICES "811" IF FOUND NECESSARY.
2. THE CONTRACTOR SHALL NOTIFY ALL CORRESPONDING UTILITY COMPANIES AND CALL “811” AT LEAST 48 HOURS BEFORE THE COMMENCEMENT OF ANY WORK WHICH MAY REQUIRE UTILITY VERIFICATION.
3. THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTILITY OR SUBSTRUCTURE SHOWN ON THESE PLANS WERE OBTAINED BY A SEARCH OF AVAILABLE RECORDS. NO CERTIFICATIONS IS MADE AS THE ACCURACY OR THOROUGHNESS OF THESE RECORDS. APPROVAL OF THESE PLANS BY THE CITY OF AVENAL DOES NOT
CONSTITUTE A REPRESENTATION AS THE ACCURACY OR COMPLETENESS OF LOCATION OR THE EXISTENCE OR NONEXISTENCE OF ANY UNDERGROUND UTILITY OR SUBSTRUCTURE WITHIN THE LIMITS OF THE PROJECT.
4. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO REVIEW THE FULL SET OF PLANS FOR ANY DISCREPANCIES AND OMISSIONS PRIOR TO THE COMMENCEMENT OF WORK. IF ANY DISCREPANCIES BETWEEN THESE PLANS AND THE FIELD ARE IDENTIFIED, THE CONTRACTOR SHALL NOTIFY THE ENGINEER. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY WORK NOT IN CONFORMANCE WITH THE PLANS OR IN CONFLICT WITH ANY CODE.
5. AN APPROVED SET OF PLANS MUST BE AVAILABLE ON THE JOB SITE AT ALL TIMES.6. THE CONTRACTOR SHALL POSSESS THE CLASS (OR CLASSES) OF LICENSE AS SPECIFIED IN THE "NOTICE TO BIDDERS."
7. ALL WORK SHALL BE PERFORMED IN CONFORMANCE WITH THE PROVISIONS IN THE CITY OF AVENAL STANDARD SPECIFICATIONS & DRAWINGS, ALONG WITH THE CALTRANS STANDARD SPECIFICATIONS AND PLANS DATED 2024.
8. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ALL MATERIALS, FABRICATIONS, EQUIPMENT,
APPLIANCES, TRANSPORTATION, SERVICES AND LABOR NECESSARY FOR THE CONSTRUCTION, ERECTION AND
INSTALLATION OF ALL WORK INDICATED ON THESE DRAWINGS AND/OR OUTLINED IN EACH SECTION OF THE SPECIFICATIONS.
9. FOR THE DURATION OF THE WORK, THE CONTRACTOR SHALL PROVIDE, INSTALL AND MAINTAIN , AS MAY BE
REQUIRED, ALL NECESSARY BARRICADES AND RAILINGS, LIGHTS, WARNING SIGNS AND SIGNALS, AND SHALL
TAKE ALL OTHER PRECAUTIONS AS MAY BE REQUIRED TO SAFEGUARD PERSONS, THE JOB SITE AND ADJOINING PROPERTY, AGAINST INJURIES AND DAMAGE OF ANY NATURE.
10. THE CONTRACTOR AND EACH SUBCONTRACTOR SHALL GIVE THEIR PERSONAL ATTENTION TO THE WORK, BE
RESPONSIBLE FOR THE LAYOUT AND CORRECTNESS OF THEIR WORK, AND COOPERATE WITH EACH OF THE VARIOUS TRADES TO OBTAIN A NEAT FINISHED AND WORKMANLIKE JOB.
11. THE CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED
CONSTRUCTION PRACTICES, THE CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE ANDCOMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS.
12. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD
HARMLESS OWNER AND ENGINEER, AND THE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES,
AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM FROM AND AGAINST ALL CLAIMS,
COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS,
ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE
RESOLUTION COSTS) ARISING OUT OF OR RELATING TO THE PERFORMANCE OF THE WORK, PROVIDED THAT ANY
SUCH CLAIM, COST, LOSS, OR DAMAGE IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE, OR DEATH, OR
TO INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY (OTHER THAN THE WORK ITSELF), INCLUDING THE
LOSS OF USE RESULTING THEREFROM BUT ONLY TO THE EXTENT CAUSED BY ANY NEGLIGENT ACT OR OMISSION
OF CONTRACTOR, ANY SUBCONTRACTOR, ANY SUPPLIER, OR ANY INDIVIDUAL OR ENTITY DIRECTLY OR
INDIRECTLY EMPLOYED BY ANY OF THEM TO PERFORM ANY OF THE WORK OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE.
13. SHOULD A CONSTRUCTION SURVEY OR CONSTRUCTION STAKING BE NECESSARY, THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING THIS SERVICE.
14. DO NOT SCALE DRAWINGS. IF UNABLE TO LOCATE DIMENSIONS FOR ANY ITEM OF WORK, CONTACT THE ENGINEER FOR DIRECTION BEFORE PROCEEDING.
15. ALL DAMAGE TO AREAS AND/OR PROPERTY NOT SPECIFICALLY PART OF THE PROJECT SITE CAUSED DURING
CONSTRUCTION ACTIVITIES WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RETURN TO PRE-CONSTRUCTION CONDITIONS.
16. CHANGES TO THE APPROVED DRAWINGS SHALL BE MADE BY ADDENDUM OR A CHANGE ORDER SIGNED BY THE ENGINEER AND APPROVED BY THE PUBLIC WORKS/ENGINEERING OFFICIALS.
17. DUST AND DEBRIS CONTROL MEASURES SHALL BE IMPLEMENTED IN ACCORDANCE WITH THE REQUIREMENTS OF
THE SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT - DISTRICT REGULATION VIII - FUGITIVE DUST RULES.
18. IN ORDER TO REDUCE NOISE IMPACTS FROM THE CONSTRUCTION PROJECT, ALL CONSTRUCTION ACTIVITIES SHALL ONLY OCCUR BETWEEN THE HOURS OF 6:30 AM AND 4:00 PM.
19. THE CONTRACTOR WILL BE RESPONSIBLE FOR ANY REPAIR/POTHOLE WHERE NECESSARY PRIOR TO START OF WORK.
20. CONTRACTOR SHALL SUBMIT A TRAFFIC CONTROL PLAN TO BE APPROVED BY THE ENGINEER BEFORE COMMENCING WORK.
21. CONTRACTOR SHALL SUBMIT A MONUMENTATION PERPETUATION PLAN TO BE APPROVED BY THE ENGINEER BEFORE COMMENCING WORK.
22. CONTRACTOR TO PROVIDE TEMPORARY REFLECTIVE MARKERS AFTER INSTALLATION OF ROADWAY TREATMENT. ANY MARKER WHICH IS DAMAGED AND IS NO LONGER REFLECTIVE, SHALL BE REMOVED AND REPLACED AT THE CONTRACTORS EXPENSE. CONTRACTOR SHALL HAVE THE OPTION OF PLACING TEMPORARY MARKERS IMMEDIATELY AFTER ROADWAY TREATMENT TO AVOID REFLECTIVE MARKER DAMAGE.
23. CONTRACTOR SHALL ISSUE NOTICE OF WORK TO RESIDENTS 72 HOURS PRIOR TO COMMENCEMENT OF WORK IN BOTH ENGLISH AND SPANISH. NOTICE SHALL BE SUBMITTED FOR APPROVAL PRIOR TO DISBURSEMENT.
24. CONTRACTOR SHALL POST NOTIFICATION OF ROAD WORK ON THE ROADWAY AT LEAST 7 DAYS PRIOR TO COMMENCEMENT OF WORK.
25. CONTRACTOR SHALL COORDINATE WITH MIDVALLEY DISPOSAL'S TRASH COLLECTION SCHEDULE TO AVOID INTERRUPTION IN TRASH COLLECTION SERVICE.
26. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO REMOVE ANY EXISTING THERMOPLASTIC STRIPING AND MARKINGS AND REFLECTORS WITHIN THE WORK AREA THAT CONFLICT WITH THE SCOPE OF WORK.
27. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO ENSURE ANY TRAFFIC LOOP DETECTORS WITHIN THE WORK AREA ARE PROTECTED AND/OR ADJUSTED TO REMAIN IN WORKING ORDER.
28. THE CONTRACTOR SHALL PROTECT WORKERS FROM EXPOSURE TO VALLEY FEVER DURING DEMOLITION AND
CONSTRUCTION OPERATIONS BY COMPLYING WITH THE APPLICABLE REGULATIONS, INCLUDING CALIFORNIA LABOR CODE § 6709. THIS SHALL INCLUDE PROVIDING ANNUAL VALLEY FEVER TRAINING TO EMPLOYEES AND PRIOR TO ANY SOIL-DISTRIBUTING WORK. TRAINING SHALL COVER TRANSMISSION, RISK FACTORS, SYMPTOMS,PREVENTION METHODS, AND THE USE OF PERSONAL PROTECTIVE EQUIPMENT (PPE). THE CONTRACTOR SHALL IMPLEMENT DUST CONTROL MEASURES AND MONITOR SITE CONDITIONS TO ENSURE THEIR EFFECTIVENESS.
WHEN DUST CANNOT BE ADEQUETLY CONTROLLED, THE CONTRACTOR SHALL PROVIDE NIOSH-APPROVED RESPIRATORS OR OTHER APPROPRIATE PPE. SUSPECTED WORK RELATED CASES SHALL BE PROMPTLYREPORTED IN ACCORDANCE WITH CAL/OSHA REQUIREMENTS.
29. CONTRACTORS SHALL BE RESPONSIBLE FOR PLACING NO PARKING SIGNAGE 72 HOURS PRIOR TO WORK AND THE REMOVAL OF PARKED VEHICLES WITHIN PROJECT LIMITS.
GENERAL CONSTRUCTION NOTES
September 11, 2025 Pg. 130
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
THE CITY COUNCIL OF THE CITY OF
AVENAL AWARDING THE 2024
AVENAL ROAD MAINTENANCE
PROJECT TO VSS INTERNATIONAL,
INC.
RESOLUTION 2025-_ 44 __
WHEREAS, the City of Avenal opened bids August 21, 2025 at 2:00 p.m. for the 2024 Avenal Road Maintenance project; and
WHEREAS, the City received two (2) bids for the 2024 Avenal Road Maintenance project; and
WHEREAS, VSS International, Inc. was the most responsive bidder in the amount of $772,120; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Avenal does hereby authorize the City Manager to execute and enter into an Agreement with VSS International, Inc. for the 2024 Avenal Road Maintenance project, and not to exceed $441,550.00 which includes the conditional change order 1, value engineering per the attached staff report.
UPON MOTION OF COUNCIL MEMBER , SECONDED BY COUNCIL
MEMBER , THE FOLLOWING WAS PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON SEPTEMBER 11, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
,
AVENAL
MARIA A. ORTIZ City Clerk
CITY OF AVENAL
__________________________________
ALVARO PRECIADO, Mayor
CITY OF AVENAL
September 11, 2025 Pg. 131
1. Found that the foregoing recitals are true and correct.
2. The most responsive bidder was VSS International, Inc. in the amount of $772,120.00 for the 2024 Avenal Road Maintenance project.
3. Authorized the City Manager, and all 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.
September 11, 2025 Pg. 132
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World®”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 10 - D
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: September 11, 2025
RE: Consider Approval of Staffing Adjustments, Reclassifications, Updated Job Descriptions, Updated Management Salary Schedule for FY 2025–26 BACKGROUND/DISCUSSION:
The City of Avenal ended FY 2024–25 with increased fiscal flexibility. Revenues from sales tax, vehicle taxes, and other primary sources are outperforming expectations, resulting in a projected General Fund surplus of over $500k. Projections for next year anticipate more than $2 million above typical baseline revenues of the last 2–3 years. Additionally, operational savings from IT efforts to cancel redundant services brought in-house, cost-effective consultants at 4Creeks and A&M Consulting Engineers, as well as grant funding for Police Department personnel further contribute to available fiscal resources.
The following staffing proposals are designed to advance the City's long-term vision of making Avenal truly feel like “home”, a place where residents are proud to live, where talent is attracted and retained, and where community programs and services reflect a high standard of care and professionalism.
These adjustments will strengthen operations, build internal talent pipelines, and elevate the City’s capacity to deliver meaningful events and services.
These proposed staffing changes fall into three categories:
INFORMATION:
1. Entry-Level and Part-Time Staffing (Talent Pipeline) • Add Two Temporary Part-Time Landscapers
• Add One Temporary Part-Time Custodian
• Add One Animal Control Officer I and open for an additional Temporary Part-Time Kennel Technician as needed (cost recovered via Lemoore & Corcoran contracts) These positions not only provide critical support to day-to-day operations but also serve as entry points into public service for emerging talent. By creating a structured “talent pipeline,” the City can assess capabilities, offer training, and develop future full-time staff from within the community. These roles are essential for sustaining high-quality public spaces and services while fostering local job creation and career development.
2. Operational Restructuring and Recreation Staffing
• Create Director of PARCs (Parks, After School, Recreation, and Community Services Department)
• Add Two Permanent Part-Time Recreation Staff, one Youth, one Adult Program Coordinator September 11, 2025 Pg. 133
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World®”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 10 - D
This restructured department reflects the City’s commitment to building vibrant community life through recreation, enrichment, and cultural programming. As Avenal prepares to activate the Veterans Hall for after-school programming and open the new Community Recreation Center, this expanded staffing model ensures we have the leadership and capacity to deliver high-quality programs for all age groups. These additions will also allow the City to host larger and more frequent community events, bringing residents together and strengthening civic pride.
3. Role Adjustments, Reclassifications, and Management Compensation • Amend Animal Control Officer from Range B to C.5 for parity with Code Enforcement Officer I, for possessing PC 832 certification
• Amend Animal Control Officer II from Range D to E
• Amend IT Director from Range S-4 to S-5
• Amend and re-open Operator in Training (OIT) Position for Utilities to Water/Waste Water • Amend Deputy City Clerk to Assistant City Manager/Deputy City Clerk from Range E to Range K
• Merit Increase to Chief of Police 4%
These role adjustments align compensation with actual duties performed and internal equity. Several of these staff members are already fulfilling responsibilities well beyond their current classification, and these changes recognize their contributions, ensure fair compensation, and help retain institutional knowledge. As Avenal grows, retaining high-performing, knowledgeable staff is essential for managing increased service demands and implementing new initiatives efficiently and effectively.
4. Adjustment to Exempt/Management Salary Scale (DIR Compliance) To maintain legal compliance with California labor law, the City must revise its exempt/management salary schedule. On May 10, 2024, the California Department of Industrial Relations (DIR) announced that starting January 1, 2025, all salaried exempt employees must earn a minimum of $68,640 annually to remain exempt under state labor law (DIR News Release No. 2024-107:
https://www.dir.ca.gov/DIRNews/2024/2024-107.html).
The City’s current salary schedule includes several exempt ranges (S-1 through S-4) that fall below this required threshold. In response, staff proposes to:
• Eliminate salary ranges S-1 through S-3 from the exempt/management scale; • Re-establish the scale using the former S-4 range as the new baseline; • Shift all subsequent ranges upward accordingly to maintain proper progression and compression;
• Adjust the top end of the scale to cap at $140,000 annually, ensuring room for advancement, recruitment flexibility, and long-term sustainability.
September 11, 2025 Pg. 134
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World®”
“Oasis in the Sun – Gateway to the Coast”
AGENDA ITEM NO. 10 - D
This restructuring will ensure all exempt employees meet the state’s minimum salary requirement, allow proper step alignment for current staff, and provide a future-proof salary framework that reflects the increasing complexity of City operations.
The fiscal impact of this adjustment is estimated at $224,000 to the General Fund, and was already incorporated into the FY 2025 budget.
FISCAL IMPACT:
• General Fund impact: ~$224,000
• Enterprise Fund impact (Water/Wastewater): ~$118,000
• Gas Tax Fund Impact: ~$36,000
These changes are fully supportable under current and projected budget conditions, while still allowing flexibility for other COLA adjustments needed for the bargaining units and POA.
RECOMMENDATION:
Staff recommends the City Council approve the attached resolution authorizing multiple personnel changes, including creation of new positions, job description updates, salary range adjustments, and classification realignments necessary to support City operations for FY 2025–26. • Resolution Authorizing FY 2025–26 Personnel Changes
• Updated Position Descriptions
• Revised Salary Ranges and Classifications
September 11, 2025 Pg. 135
BEFORE THE CITY COUNCIL OF THE
CITY OF AVENAL
IN THE MATTER OF:
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF AVENAL
AUTHORIZING THE CREATION,
MODIFICATION, AND FUNDING OF
CERTAIN EMPLOYMENT POSITIONS
AND SALARY ADJUSTMENTS FOR
FY 2025–26
RESOLUTION 2025-____
WHEREAS, the City of Avenal desires to establish and revise various employment positions to meet the operational and administrative needs of the City; and WHEREAS, the City Manager has reviewed departmental needs and recommends changes to staffing and compensation structures to reflect the growth and increasing complexity of City operations; and
WHEREAS, pursuant to Avenal Municipal Code § 2-4.108(d), the City Manager may recommend the creation and reclassification of positions for Council consideration; and
UPON MOTION OF COUNCIL MEMBER , SECONDED BY
COUNCIL MEMBER , THE FOLLOWING WAS PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON September 11, 2025, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Alvaro Preciado, Mayor
CITY OF AVENAL
MARÍA A. ORTIZ, City Clerk
CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
September 11, 2025 Pg. 136
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:
1. Found that the foregoing recitals are true;
2. The City Council hereby approves the following:
a) Creation of the Director of PARCs position, and addition of two part-time PARCs positions
b) Creation of two part-time landscaper roles and
c) Creation of one part-time custodian
d) Addition of one temporary part-time Kennel Technician and Animal Control Officer I
e) Amending Animal Control Officer from Range B to Range C.5 f) Amend Animal Control Officer II from Range D to E
g) Amend IT Director from Range S-4 to S-5
h) Amend and re-open Operator in Training (OIT)
i) Amend Deputy City Clerk to Assistant City Manager/Deputy City Clerk from Range E to Range K
j) Merit Increase to Chief of Police 4%
3. Adjustment to Exempt/Management Salary Scale for compliance with DIR Compliance by:
a) Eliminating salary ranges S-1 through S-3 from the exempt/management scale; b) Re-establish the scale using the former S-4 range as the new baseline; c) Shift all subsequent ranges upward accordingly to maintain proper progression and compression;
d) Adjust the top end of the scale to cap at $140,000 annually
4. The positions established by this resolution are authorized to be funded under the adopted FY 2025–26 budget and shall be included in the next salary schedule update.
5. The City Manager is authorized to implement this resolution, recruit for any new positions, and make the necessary budget and organizational adjustments to execute these changes.
6. Authorized the City Manager, Attorney, and all relevant City staff to take all steps reasonably necessary, proper, and/or convenient to carry out the terms and conditions of this resolution.
* * * * * * * * * * * * * * * * * *
September 11, 2025 Pg. 137
Range Monthly/Hourly STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 1
ANNUAL
STEP 2
ANNUAL
STEP 3
ANNUAL
STEP 4
ANNUAL
STEP 5
ANNUAL
A TEMP REC. ASST. $ 2,860.00 $ 3,003.00 $ 3,153.15 $ 3,310.81 $ 3,476.35 $ 34,320.00 $ 34,749.00 $ 35,178.00 $ 35,617.73 $ 36,036.00 $ 16.50 $ 17.33 $ 18.19 $ 19.10 $ 20.06
RANGE A
A KENNEL TECHNICIAN $ 3,129.43 $ 3,285.90 $ 3,450.19 $ 3,622.70 $ 3,803.84 $ 37,553.11 $ 39,430.76 $ 41,402.30 $ 43,472.42 $ 45,646.04 $ 18.05 $ 18.96 $ 19.90 $ 20.90 $ 21.95
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE B
B ANIMAL CONTROL I $ 3,286.68 $ 3,451.02 $ 3,623.57 $ 3,804.75 $ 3,994.98 $ 39,440.20 $ 41,412.21 $ 43,482.82 $ 45,656.97 $ 47,939.81 $ 18.96 $ 19.91 $ 20.91 $ 21.95 $ 23.05
B COMMUNITY SERVICE OFFICER (CSO) $ 3,286.68 $ 3,451.01 $ 3,623.56 $ 3,804.74 $ 3,994.98 $ 39,440.16 $ 41,412.17 $ 43,482.78 $ 45,656.92 $ 47,939.76 $ 18.96 $ 19.91 $ 20.91 $ 21.95 $ 23.05
B CUSTODIAN $ 3,286.68 $ 3,451.01 $ 3,623.56 $ 3,804.74 $ 3,994.98 $ 39,440.16 $ 41,412.17 $ 43,482.78 $ 45,656.92 $ 47,939.76 $ 18.96 $ 19.91 $ 20.91 $ 21.95 $ 23.05
B FARMER'S MARKET MANGAGER $ 3,286.68 $ 3,451.01 $ 3,623.56 $ 3,804.74 $ 3,994.98 $ 39,440.16 $ 41,412.17 $ 43,482.78 $ 45,656.92 $ 47,939.76 $ 18.96 $ 19.91 $ 20.91 $ 21.95 $ 23.05
B LANDSCAPER $ 3,286.68 $ 3,451.01 $ 3,623.56 $ 3,804.74 $ 3,994.98 $ 39,440.16 $ 41,412.17 $ 43,482.78 $ 45,656.92 $ 47,939.76 $ 18.96 $ 19.91 $ 20.91 $ 21.95 $ 23.05
B RECREATION LEADER $ 3,286.68 $ 3,451.01 $ 3,623.56 $ 3,804.74 $ 3,994.98 $ 39,440.16 $ 41,412.17 $ 43,482.78 $ 45,656.92 $ 47,939.76 $ 18.96 $ 19.91 $ 20.91 $ 21.95 $ 23.05
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE B.5
B.5 PUBLIC WORKS ENTRY LEVEL $ 3,422.57 $ 3,593.70 $ 3,773.39 $ 3,962.06 $ 4,160.16 $ 41,070.89 $ 43,124.44 $ 45,280.66 $ 47,544.69 $ 49,921.93 $ 19.75 $ 20.73 $ 21.77 $ 22.86 $ 24.00
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE C
C CUSTOMER SERVICE REPRESENTATIVE $ 3,509.93 $ 3,685.43 $ 3,869.70 $ 4,063.19 $ 4,266.35 $ 42,119.21 $ 44,225.17 $ 46,436.43 $ 48,758.25 $ 51,196.17 $ 20.25 $ 21.26 $ 22.33 $ 23.44 $ 24.61
C IT MANAGER $ 3,509.93 $ 3,685.43 $ 3,869.70 $ 4,063.18 $ 4,266.34 $ 42,119.16 $ 44,225.12 $ 46,436.37 $ 48,758.19 $ 51,196.10 $ 20.25 $ 21.26 $ 22.33 $ 23.44 $ 24.61
C PUBLIC WORKS MAINTENANCE $ 3,509.93 $ 3,685.43 $ 3,869.70 $ 4,063.18 $ 4,266.34 $ 42,119.16 $ 44,225.12 $ 46,436.37 $ 48,758.19 $ 51,196.10 $ 20.25 $ 21.26 $ 22.33 $ 23.44 $ 24.61
C RECORDS CLERK $ 3,509.93 $ 3,685.43 $ 3,869.70 $ 4,063.18 $ 4,266.34 $ 42,119.16 $ 44,225.12 $ 46,436.37 $ 48,758.19 $ 51,196.10 $ 20.25 $ 21.26 $ 22.33 $ 23.44 $ 24.61
C SENIOR RECREATION LEADER $ 3,509.93 $ 3,685.43 $ 3,869.70 $ 4,063.18 $ 4,266.34 $ 42,119.16 $ 44,225.12 $ 46,436.37 $ 48,758.19 $ 51,196.10 $ 20.25 $ 21.26 $ 22.33 $ 23.44 $ 24.61
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE C.5
C.5 CODE ENF/WATER CONS. $ 3,614.77 $ 3,795.50 $ 3,985.28 $ 4,184.54 $ 4,393.77 $ 43,377.20 $ 45,546.06 $ 47,823.36 $ 50,214.53 $ 52,725.25 $ 20.85 $ 21.90 $ 22.99 $ 24.14 $ 25.35
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE D
D ANIMAL CONTROL II $ 3,774.29 $ 3,963.00 $ 4,161.15 $ 4,369.21 $ 4,587.67 $ 45,291.46 $ 47,556.03 $ 49,933.83 $ 52,430.52 $ 55,052.05 $ 21.77 $ 22.86 $ 24.01 $ 25.21 $ 26.47
D BUILDING ASSISTANT $ 3,774.29 $ 3,963.00 $ 4,161.15 $ 4,369.21 $ 4,587.67 $ 45,291.48 $ 47,556.05 $ 49,933.86 $ 52,430.55 $ 55,052.08 $ 21.77 $ 22.86 $ 24.01 $ 25.21 $ 26.47
D FINANCE ASSISTANT $ 3,774.29 $ 3,963.00 $ 4,161.15 $ 4,369.21 $ 4,587.67 $ 45,291.48 $ 47,556.05 $ 49,933.86 $ 52,430.55 $ 55,052.08 $ 21.77 $ 22.86 $ 24.01 $ 25.21 $ 26.47
D MECHANIC $ 3,774.29 $ 3,963.00 $ 4,161.15 $ 4,369.21 $ 4,587.67 $ 45,291.48 $ 47,556.05 $ 49,933.86 $ 52,430.55 $ 55,052.08 $ 21.77 $ 22.86 $ 24.01 $ 25.21 $ 26.47
D PROPERTY & EVIDENCE OFFICER $ 3,774.29 $ 3,963.00 $ 4,161.15 $ 4,369.21 $ 4,587.67 $ 45,291.48 $ 47,556.05 $ 49,933.86 $ 52,430.55 $ 55,052.08 $ 21.77 $ 22.86 $ 24.01 $ 25.21 $ 26.47
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE E
E ADMINISTRATIVE ASSISTANT $ 3,933.14 $ 4,129.79 $ 4,336.28 $ 4,553.10 $ 4,780.75 $ 47,197.65 $ 49,557.53 $ 52,035.41 $ 54,637.18 $ 57,369.04 $ 22.69 $ 23.83 $ 25.02 $ 26.27 $ 27.58
E ASSOCIATE PLANNER $ 3,933.14 $ 4,129.80 $ 4,336.29 $ 4,553.10 $ 4,780.76 $ 47,197.68 $ 49,557.56 $ 52,035.44 $ 54,637.21 $ 57,369.08 $ 22.69 $ 23.83 $ 25.02 $ 26.27 $ 27.58
E BUILIDING INSPECTOR $ 3,933.14 $ 4,129.80 $ 4,336.29 $ 4,553.10 $ 4,780.76 $ 47,197.68 $ 49,557.56 $ 52,035.44 $ 54,637.21 $ 57,369.08 $ 22.69 $ 23.83 $ 25.02 $ 26.27 $ 27.58
E CITY CLERK $ 3,933.14 $ 4,129.80 $ 4,336.29 $ 4,553.10 $ 4,780.76 $ 47,197.68 $ 49,557.56 $ 52,035.44 $ 54,637.21 $ 57,369.08 $ 22.69 $ 23.83 $ 25.02 $ 26.27 $ 27.58
E OFFICE MANAGER $ 3,933.14 $ 4,129.80 $ 4,336.29 $ 4,553.10 $ 4,780.76 $ 47,197.68 $ 49,557.56 $ 52,035.44 $ 54,637.21 $ 57,369.08 $ 22.69 $ 23.83 $ 25.02 $ 26.27 $ 27.58
E RECREATION SUPERVISOR $ 3,933.14 $ 4,129.80 $ 4,336.29 $ 4,553.10 $ 4,780.76 $ 47,197.68 $ 49,557.56 $ 52,035.44 $ 54,637.21 $ 57,369.08 $ 22.69 $ 23.83 $ 25.02 $ 26.27 $ 27.58
E SENIOR CODE ENFORECEMENT $ 3,933.14 $ 4,129.80 $ 4,336.29 $ 4,553.10 $ 4,780.76 $ 47,197.68 $ 49,557.56 $ 52,035.44 $ 54,637.21 $ 57,369.08 $ 22.69 $ 23.83 $ 25.02 $ 26.27 $ 27.58
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE F.5
F.5 ACTING OPERATORS $ 4,434.00 $ 4,655.70 $ 4,888.49 $ 5,132.91 $ 5,389.56 $ 53,208.02 $ 55,868.42 $ 58,661.84 $ 61,594.93 $ 64,674.68 $ 25.58 $ 26.86 $ 28.20 $ 29.61 $ 31.09
F.5 HUMAN RESOURCES & RISK MANGEMENT $ 4,434.00 $ 4,655.70 $ 4,888.49 $ 5,132.91 $ 5,389.55 $ 53,208.00 $ 55,868.40 $ 58,661.82 $ 61,594.91 $ 64,674.66 ASSISTANT $ 25.58 $ 26.86 $ 28.20 $ 29.61 $ 31.09
F.5 PUBLIC WORK CREW LEADER $ 4,434.00 $ 4,655.70 $ 4,888.49 $ 5,132.91 $ 5,389.55 $ 53,208.00 $ 55,868.40 $ 58,661.82 $ 61,594.91 $ 64,674.66 $ 25.58 $ 26.86 $ 28.20 $ 29.61 $ 31.09
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE G
G UTILITIES OPERATORS $ 4,958.16 $ 5,206.07 $ 5,466.37 $ 5,739.69 $ 6,026.68 $ 59,497.94 $ 62,472.84 $ 65,596.48 $ 68,876.30 $ 72,320.12 $ 28.60 $ 30.04 $ 31.54 $ 33.11 $ 34.77
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE J
J PUBLIC WORKS SUPERVISOR $ 5,987.07 $ 6,286.43 $ 6,604.68 $ 6,934.91 $ 7,281.66 $ 71,844.86 $ 75,437.11 $ 79,256.11 $ 83,218.92 $ 87,379.86 $ 34.54 $ 36.27 $ 38.10 $ 40.01 $ 42.01
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE K
K FINANCE MANGER $ 6,394.75 $ 6,714.49 $ 7,050.21 $ 7,402.72 $ 7,772.86 $ 76,737.02 $ 80,573.88 $ 84,602.57 $ 88,832.70 $ 93,274.33 $ 36.89 $ 38.74 $ 40.67 $ 42.71 $ 44.84
K UTILITIES SUPERVISOR $ 6,394.75 $ 6,714.49 $ 7,050.21 $ 7,402.72 $ 7,772.86 $ 76,737.02 $ 80,573.88 $ 84,602.57 $ 88,832.70 $ 93,274.33 $ 36.89 $ 38.74 $ 40.67 $ 42.71 $ 44.84
07/01/2024 - 06/30/2025
January 2024- Min. Wage $16.50
City of Avenal
Salary Schedule
Classified (General) Employees
September 11, 2025 Pg. 138
Step 1 Step 2 Step 3 Step 4 Step 5
F POLICE OFFICER TRAINEE $ 3,640.64 $ 3,822.67 $ 4,013.81 $ 4,214.50 $ 4,425.22 $ 43,687.68 $ 48,165.67 $ 53,102.65 P.O. TRAINEE $ 21.00 $ 22.05 $ 23.16 $ 24.31 $ 25.53
G POLICE OFFICER I/ $ 5,096.43 $ 5,351.25 $ 5,618.81 $ 5,899.75 $ 6,194.74 $ 61,157.12 $ 67,425.73 $ 74,336.87 P.O. I / RESERVE OFFICER $ 29.40 $ 30.87 $ 32.42 $ 34.04 $ 35.74 RESERVE OFFICER H POLICE OFFICER II $ 5,502.15 $ 5,777.25 $ 6,066.12 $ 6,369.42 $ 6,687.89 $ 66,025.76 $ 72,793.40 $ 80,254.73 POLICE OFFICER 1 $ 31.74 $ 33.33 $ 35.00 $ 36.75 $ 38.58
I SENIOR OFFICER $ 5,859.48 $ 6,152.46 $ 6,460.08 $ 6,783.08 $ 7,122.24 $ 70,313.80 $ 77,520.96 $ 85,466.86 SENIOR PO $ 33.80 $ 35.49 $ 37.27 $ 39.13 $ 41.09
K POLICE SERGEANT $ 6,409.52 $ 6,729.99 $ 7,066.49 $ 7,419.81 $ 7,790.81 $ 76,914.18 $ 84,797.88 $ 93,489.67 SERGEANT $ 36.98 $ 38.83 $ 40.77 $ 42.81 $ 44.95
07/01/2024 to 06/30/2025
City of Avenal
Salary Schedule
September 11, 2025 Pg. 139
Management Staff
2019
Step 1 2 4 5 Annual Step 1 2 3 4 5
S-1 $ 4,853.03 $ 5,095.68 $ 5,617.99 $ 5,898.89 $ 58,236.36 $ 61,148.18 $ 64,205.59 $ 67,415.87 $ 70,786.66 $ 28.00 $ 29.40 $ 32.44 $ 34.03
S-2 $ 5,248.83 $ 5,511.27 $ 6,076.18 $ 6,379.99 $ 62,985.96 $ 66,135.26 $ 69,442.02 $ 72,914.12 $ 76,559.83 $ 30.28 $ 31.80 $ 35.08 $ 36.81
S-3 IT Director $ 5,623.45 $ 5,904.62 $ 6,509.85 $ 6,835.34 $ 67,481.40 $ 70,855.47 $ 74,398.24 $ 78,118.16 $ 82,024.06 $ 32.44 $ 34.07 $ 37.58 $ 39.43
S-4 $ 5,999.00 $ 6,298.95 $ 6,944.59 $ 7,291.82 $ 71,988.00 $ 75,587.40 $ 79,366.77 $ 83,335.11 $ 87,501.86 $ 34.61 $ 36.34 $ 40.09 $ 42.07
S-5 $ 6,298.34 $ 6,613.26 $ 7,291.12 $ 7,655.67 $ 75,580.08 $ 79,359.08 $ 83,327.04 $ 87,493.39 $ 91,868.06 $ 36.34 $ 38.15 $ 42.10 $ 44.17
S-6 $ 6,747.32 $ 7,084.69 $ 7,810.87 $ 8,201.41 $ 80,967.84 $ 85,016.23 $ 89,267.04 $ 93,730.40 $ 98,416.92 $ 38.93 $ 40.87 $ 45.10 $ 47.32
S-7 APD Captain $ 7,197.14 $ 7,557.00 $ 8,331.59 $ 8,748.17 $ 86,365.68 $ 90,683.96 $ 95,218.16 $ 99,979.07 $ 104,978.02 $ 41.52 $ 43.60 $ 48.10 $ 50.47
S-8 $ 7,573.80 $ 7,952.49 $ 8,767.62 $ 9,206.00 $ 90,885.60 $ 95,429.88 $ 100,201.37 $ 105,211.44 $ 110,472.01 $ 43.70 $ 45.88 $ 50.62 $ 53.11
S-9
Assistant Chief of Police/
Public Safety Manager $ 7,950.46 $ 8,347.98 $ 9,203.65 $ 9,663.83 $ 95,405.52 $ 100,175.80 $ 105,184.59 $ 110,443.82 $ 115,966.01 $ 45.87 $ 48.16 $ 53.14 $ 55.75
S-9.5 $ 8,159.20 $ 8,567.16 $ 9,445.29 $ 9,917.56 $ 97,910.40 $ 102,805.92 $ 107,946.22 $ 113,343.53 $ 119,010.70 $ 47.07 $ 49.43 $ 54.53 $ 57.22
S-10
-Director of Administrative
Services
-Public Works Director
-Utilities Director $ 7,950.49 $ 8,348.01 $ 9,662.02 $ 10,145.12 $ 95,405.88 $ 100,176.17 $ 105,184.98 $ 115,944.24 $ 121,741.45 $ 45.87 $ 48.16 $ 53.14 $ 58.53
Titles Updated 01/17/2025
September 11, 2025 Pg. 140
NEW PROPOSED SCHEDULE FOR MANAGEMENT
Step 1 2 3 4 5 Annual Step 1 2 3 4 5
S-1 $ 5,916.67 $ 6,212.50 $ 6,523.13 $ 6,849.29 $ 7,191.75 $ 71,000.04 $ 74,550.04 $ 78,277.54 $ 82,191.42 $ 86,300.99 $ 34.13 $ 35.84 $ 37.63 $ 39.54 $ 41.49
S-2 $ 6,250.00 $ 6,562.50 $ 6,890.63 $ 7,235.16 $ 7,596.91 $ 75,000.00 $ 78,750.00 $ 82,687.50 $ 86,821.88 $ 91,162.97 $ 36.06 $ 37.86 $ 39.75 $ 41.77 $ 43.83
S-3 $ 6,666.67 $ 7,000.00 $ 7,350.00 $ 7,717.50 $ 8,103.38 $ 80,000.04 $ 84,000.04 $ 88,200.04 $ 92,610.05 $ 97,240.55 $ 38.46 $ 40.38 $ 42.40 $ 44.56 $ 46.75
S-4 $ 7,250.00 $ 7,612.50 $ 7,993.13 $ 8,392.78 $ 8,812.42 $ 87,000.00 $ 91,350.00 $ 95,917.50 $ 100,713.38 $ 105,749.04 $ 41.83 $ 43.92 $ 46.11 $ 48.46 $ 50.84
S-5 $ 7,620.00 $ 8,001.00 $ 8,401.05 $ 8,821.10 $ 9,262.16 $ 91,440.00 $ 96,012.00 $ 100,812.60 $ 105,853.23 $ 111,145.89 $ 43.96 $ 46.16 $ 48.47 $ 50.93 $ 53.44
S-6 $ 8,000.00 $ 8,400.00 $ 8,820.00 $ 9,261.00 $ 9,724.05 $ 96,000.00 $ 100,800.00 $ 105,840.00 $ 111,132.00 $ 116,688.60 $ 46.15 $ 48.46 $ 50.88 $ 53.47 $ 56.10
S-7 $ 8,500.00 $ 8,925.00 $ 9,371.25 $ 9,839.81 $ 10,331.80 $ 102,000.00 $ 107,100.00 $ 112,455.00 $ 118,077.75 $ 123,981.64 $ 49.04 $ 51.49 $ 54.06 $ 56.81 $ 59.61
S-8 $ 9,100.00 $ 9,555.00 $ 10,032.75 $ 10,534.39 $ 11,061.11 $ 109,200.00 $ 114,660.00 $ 120,393.00 $ 126,412.65 $ 132,733.28 $ 52.50 $ 55.13 $ 57.88 $ 60.82 $ 63.81
S-9 $ 9,600.00 $ 10,080.00 $ 10,584.00 $ 11,121.51 $ 11,688.10 $ 115,200.00 $ 120,960.00 $ 127,008.00 $ 133,458.12 $ 140,257.19 $ 55.38 $ 58.15 $ 61.06 $ 64.16 $ 67.43
S-9.5 $ 9,800.00 $ 10,290.00 $ 10,804.50 $ 11,344.73 $ 11,911.96 $ 117,600.00 $ 123,480.00 $ 129,654.00 $ 136,136.70 $ 142,943.54 $ 56.54 $ 59.37 $ 62.33 $ 65.50 $ 68.72
S-10 $ 10,000.00 $ 10,500.00 $ 11,025.00 $ 11,584.91 $ 12,175.10 $ 120,000.00 $ 126,000.00 $ 132,300.00 $ 139,018.88 $ 146,101.24 $ 57.69 $ 60.58 $ 63.61 $ 66.84 $ 70.24
September 11, 2025 Pg. 141
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629
ANIMAL CONTROL OFFICER I
SALARY: Salary Range – C.5
REPORTS TO: Animal Control Officer II/Department Supervisor GENERAL RESPONSIBILITES:
Under direct supervision, performs a variety of routine duties in the enforcement of animal control laws and regulations, the care and handling of animals, and the maintenance of the City’s animal control facility. Work involves responding to citizen complaints, capturing stray or dangerous animals, and assisting with the care of impounded animals.
DISTINGUISHING CHARACTERISTICS:
Animal Control Officer I is the entry-level classification in the Animal Control Officer series. Incumbents work under close supervision and are responsible for performing routine animal control duties such as capturing, impounding, and caring for animals, and responding to citizen complaints. This classification is distinguished from Animal Control Officer II by the latter’s responsibility for advanced animal control duties, independent investigations, and the oversight and training of lower-level staff. Officer II also assists with budgeting, program development, and serves as the City’s primary resource on animal control matters, while Officer I focuses on learning operational procedures and providing direct field and kennel support.
EXAMPLE OF DUTIES:
Duties may include, but are not limited to the following:
• Responds to calls and complaints regarding stray, injured, diseased, dead, or nuisance animals. • Captures and transports stray, sick, injured, or aggressive animals using appropriate equipment and safety procedures.
• Assists with investigating animal bites, cruelty cases, and ordinance violations. • Issues citations or warnings for violations of animal control regulations under supervision. • Maintains accurate records and prepares routine reports related to animal impounds, bites, complaints, and enforcement actions.
• Feeds, waters, and cares for impounded animals, ensuring clean and sanitary kennels and equipment. • Assists with euthanasia of animals in accordance with established procedures and laws (certification required within three months of employment).
• Educates the public regarding animal care, licensing, and City ordinances. • Maintains departmental vehicles, equipment, and facilities in proper working condition. • Provides support during emergency situations and assists other City departments as needed. • Performs other related duties as assigned to support the operations of the Animal Control Division.
May be assigned flexible work hours as needed; other duties as required.
September 11, 2025 Pg. 142
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 DESIRABLE QUALIFICATIONS:
Knowledge: Basic care, feeding, and safe handling of dogs, cats, and other domestic animals. General knowledge of common animal behavior and symptoms of illness. Safe use of animal control equipment such as leashes, nets, cages, and control poles. Basic recordkeeping and report preparation. Customer service and effective public relations techniques.
Abilities: Learn and apply animal control laws, ordinances, and regulations. Safely capture and handle animals, including aggressive or injured animals. Operate departmental vehicles and equipment in a safe manner.
Recognize signs of normal and abnormal animal behavior. Communicate effectively both orally and in writing.
Establish and maintain cooperative relationships with co-workers, other agencies, and the public. Work independently while following written and oral instructions. Maintain composure and exercise sound judgment in stressful situations.
Education: High School education or equivalent and the ability to read and write at the level required for successful job performance.
Licenses/Certifications: Must possess and maintain a valid California Drivers License; and Penal Code Section 832 Certification or ability to obtain PC 832 Certification within the probationary period.. Experience working with animals is desirable but not required. Driver's license requirements are subject to change based on business necessity.
Position includes a six (6) month probationary period.
Position is Full-Time.
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.
EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.
Amended 9/11/2025
September 11, 2025 Pg. 143
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629
ANIMAL CONTROL OFFICER II
SALARY: Salary Range – E
REPORTS TO: Department Supervisor/Director
GENERAL RESPONSIBILITES:
Under general supervision, the Animal Control Officer II oversees the daily operations of the Animal Control Division, provides lead direction and training to Animal Control Officer I and support staff, and ensures compliance with applicable laws and regulations. This position performs complex field and investigative work, prepares and maintains detailed records and reports, manages facility operations, and serves as the City’s primary resource on animal control matters.
DISTINGUISHING CHARACTERISTICS:
Animal Control Officer II is distinguished from Animal Control Officer I by its greater responsibility for leadership, program oversight, and independent judgment. While both classifications perform animal control fieldwork, the Officer II has lead responsibility for scheduling, training, evaluating staff, coordinating with other departments and outside agencies, and handling the most complex or sensitive cases. This classification also assists with budget preparation, policy implementation, and serves as the primary liaison with the community and law enforcement partners.
EXAMPLE OF DUTIES:
Duties may include, but are not limited to, the following:
• Provides lead direction, training, and performance evaluation for Animal Control Officer I and volunteer/community service workers.
• Oversees daily operations of the Animal Control Facility, including staffing, scheduling, sanitation, disease control, and humane animal care.
• Serves as lead investigator for complex or sensitive cases, such as animal cruelty, neglect, or dangerous animal incidents; prepares case files and testifies in court. • Responds to and resolves escalated complaints from the public, City Hall, or other agencies. • Prepares, reviews, and maintains records, reports, and statistical data related to animal control activities, trends, and enforcement outcomes.
• Assists in the preparation and monitoring of the annual Animal Control budget; reviews expenditures and approves requisitions for supplies and equipment.
• Ensures compliance with applicable Federal, State, and City laws and ordinances; provides guidance to staff regarding enforcement and investigative procedures. • Serves as liaison with law enforcement, community groups, schools, and other agencies; conducts community education and outreach on responsible pet ownership, licensing, and public safety. • Maintains and ensures proper use of departmental vehicles, equipment, and supplies. • Performs other related duties as required in support of departmental operations. • Performs other related duties as assigned to support the operations of the Animal Control Division.
September 11, 2025 Pg. 144
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 May be assigned flexible work hours as needed; other duties as required.
DESIRABLE QUALIFICATIONS:
Knowledge: Supervisory principles, training methods, and performance evaluation. Federal, State, and City laws, ordinances, and regulations relating to animal control, licensing, and public health. Modern investigative techniques, report writing, and courtroom testimony. Physical and behavioral characteristics of common domestic animals and wildlife. Proper care, feeding, and humane handling of animals, including recognition of disease symptoms. Safe and effective use of animal control equipment, including catch poles, traps, and tranquilizer firearms. Principles of customer service and community engagement. Basic budgeting, recordkeeping, and report preparation.
Abilities: Provide leadership, training, and guidance to Animal Control Officer I and other assigned staff. Plan, schedule, and oversee daily operations of the Animal Control Division. Investigate complex or sensitive cases and prepare accurate reports. Communicate effectively, both orally and in writing, with diverse groups and individuals. Exercise sound judgment in stressful or emergency situations. Maintain cooperative relationships with City staff, law enforcement, other agencies, and the public. Represent the City professionally in community meetings, presentations, and court proceedings. Safely capture, handle, and transport domestic animals and wildlife. Operate computers and standard office software for records and reporting.
Education: High School education or equivalent and the ability to read and write at the level required for successful job performance. Five (5) years of progressively responsible experience in animal control, law enforcement, or a related field, including at least one (1) year in a lead, supervisory, or training capacity.
Licenses/Certifications: Must possess and maintain a valid California Drivers License; and Penal Code Section 832 Certification or ability to obtain PC 832 Certification within the probationary period. Experience working with animals is desirable but not required. Driver's license requirements are subject to change based on business necessity.
Position includes a six (6) month probationary period.
Position is Full-Time.
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.
EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.
Amended 9/11/2025
September 11, 2025 Pg. 145
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629
KENNEL TECHNICIAN (PART-TIME)
SALARY: Salary Range – A
REPORTS TO: Animal Control Officer II/Department Supervisor GENERAL RESPONSIBILITES:
Under general supervision provides essential animal care services for the City of Avenal's animal care facility.
This position involves direct hands-on care of animals in boarding and shelter situations, maintaining facility cleanliness and safety standards, and supporting overall operations through various support duties. The Kennel Technician works under supervision but must exercise independent judgment in daily animal care tasks and be prepared to work weekends and holidays as needed to ensure continuous care for animals in the facility.
DISTINGUISHING CHARACTERISTICS:
This is an entry-level animal care position that requires physical stamina, compassion for animals, and the ability to work in a fast-paced environment with various animal temperaments. The position is distinguished from higher-level veterinary or supervisory roles by its focus on basic animal husbandry, facility maintenance, and support functions. The role requires flexibility in scheduling, including availability for weekend and holiday shifts, and the ability to follow detailed checklists while also asking questions and learning continuously to improve service quality.
EXAMPLE OF DUTIES:
The following duties are typical for this classification. Employees may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
• Feed, walk, exercise, and bathe animals according to established schedules and individual animal needs • Administer medications to animals as prescribed by veterinarians and directed by pet owners • Transport animals to and from kennel areas during client check-in and check-out procedures • Clean and sanitize animal runs, cages, and housing areas to maintain health and safety standards • Perform facility maintenance including sweeping and mopping floors, wiping down surfaces, emptying trash receptacles, and cleaning restroom facilities
• Monitor and maintain equipment and supply inventories, reporting needs to supervisors • Assist veterinary and administrative staff with animal restraint during examinations or procedures • Help clients with pet handling and provide basic information about facility services • Maintain accurate records of animal care activities as required • Respond to emergency situations involving animals in care • Work weekends and holidays to ensure continuous care for boarding animals May be assigned flexible work hours as needed; other duties as required.
September 11, 2025 Pg. 146
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 DESIRABLE QUALIFICATIONS:
Knowledge: Basic understanding of animal behavior and safety practices around various types of pets.
Knowledge of proper cleaning and sanitation procedures for animal care facilities. Familiarity with basic animal husbandry practices including feeding, exercise, and grooming. Understanding of medication administration procedures and safety protocols.
Abilities: Communicate effectively in English, both verbally and in writing. Perform basic mathematical calculations (addition, subtraction, multiplication, division) accurately. Follow written, oral, and diagrammatic instructions precisely. Maintain physical stamina to stand for extended periods regularly. Walk, stoop, kneel, crouch, and lift or move objects weighing up to 50 pounds frequently. Work confidently and calmly around animals of various sizes and temperaments. Demonstrate reliability and punctuality, especially for weekend and holiday shifts. Show initiative in asking questions and seeking additional learning opportunities. Work cooperatively as part of a team while also functioning independently. Adapt to changing priorities and handle multiple tasks simultaneously.
Education: Some High School education or equivalent and the ability to read and write at the level required for successful job performance. Must possess a valid California Driver's License.
Position is part-time.
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.
EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.
Amended 9/11/2025
September 11, 2025 Pg. 147
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
ASSISTANT CITY MANAGER/DEPUTY CITY CLERK
SALARY RANGE: K
REPORTS TO: City Manager & City Clerk
DEFINITION:
Under the general direction of the City Manager, the Assistant City Manager / Deputy City Clerk plays a key role in advancing the City’s strategic goals and ensuring effective organizational alignment across departments. This hybrid position supports the City Manager’s office by managing projects, coordinating interdepartmental efforts, interpreting policy objectives, and representing the City Manager as delegated. The position also supports core City Clerk functions, including public records, legislative support, and elections. The incumbent is expected to operate with a high degree of discretion, professionalism, and initiative.
POSITION CHARACTERISTICS:
This position does not supervise department heads but works across all levels of the organization to support the City Manager’s directives and implement City Council-adopted plans. The ideal candidate is a self-starter who demonstrates strong judgment, leadership maturity, and the ability to effectively represent the City Manager’s office. The role requires excellent communication skills, the ability to manage multiple projects, and a proactive approach to problem-solving.
EXAMPLE OF DUTIES
Assistant City Manager Functions:
• Coordinate and implement City Manager and City Council strategic initiatives (e.g., Avenal Speaks, community engagement, interagency projects).
• Provide high-level project management and policy support to the City Manager. • Represent the City Manager at internal meetings and with external stakeholders, as delegated. • Assist in developing internal policy documents, SOPs, and administrative guidelines. • Promote alignment across departments by clarifying priorities and interpreting City Manager objectives.
• Serve as liaison to advisory boards, community organizations, and regional partners as assigned.
• Conduct organizational research and provide recommendations to improve processes, service delivery, or policy outcomes.
• Draft talking points, staff reports, presentations, and special correspondence on behalf of the City Manager.
•
Deputy City Clerk Functions:
• Assist the City Clerk with preparation and distribution of agendas, minutes, resolutions, and ordinances.
• Coordinate public records requests and maintain official records in compliance with state laws. • Support municipal election administration and compliance with FPPC and Brown Act requirements.
• Serve as backup during the City Clerk’s absence and ensure continuity of critical functions.
September 11, 2025 Pg. 148
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
KNOWLEDGE AND ABILITIES:
- Broad understanding of municipal governance and public administration. - Ability to manage interdepartmental projects and ensure timely execution of City Manager priorities. - Knowledge of public records management and state regulations for document retention. - Familiarity with election laws and procedures, including the Ralph M. Brown Act and Fair Political Practices Commission (FPPC) requirements.
- Proficiency with office technology, including word processing, databases, and electronic records management systems.
- Ability to research, interpret, and apply legal documents, codes, regulations, policies, and procedures.
- Strong organizational and time-management skills to handle multiple tasks and meet deadlines. - Excellent written and verbal communication skills.
- Ability to interact with the public, elected officials, and government agencies professionally. -Ability to research, interpret, and apply laws,
-High level of confidentiality, integrity, and professional discretion. -Notary laws
SKILLS:
Plan, organize, and coordinate a variety of services, assignments, projects, elections and programs.
Research, comprehend and interpret legal documents and codes. Interpret and provide technical advice and assistance to personnel. Communicate proficiently both orally and in writing with emphasis on detail, correct spelling and proper use of grammar. Interact with the community and the public, other government agencies and elected officials. Research and prepare complex detailed reports. Manage time-lines and work schedules. Apply information systems technology. Spanish Speaking is highly preferred but not required. Work flexible hours as needed for meetings, City functions and events, etc.
TRAINING:
- Course work and training in subject matter relevant to the functions of a Public Administrator or City Clerk.
- Notary Public certification
EDUCATION AND EXPERIENCE:
-Bachelor’s degree from an accredited college or university in public administration, political science, business administration, or a related field is required. - A Certified Professional Secretary or Administrative Assistant Certificate is highly desirable and may substitute for required coursework.
-Must possess and have a valid Class “C” California Driver’s License is required - A minimum of three (3) years of progressively responsible experience in an administrative or clerical role, preferably within a government agency or City Manager’s office CERTIFICATIONS:
- Notary Public certification (preferred but not required).
EMPLOYEE SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.
Amended 9/11/2025
September 11, 2025 Pg. 149
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
1 INFORMATION TECHNOLOGY DIRECTOR
SALARY: S.5
REPORTS TO: City Manager
DEFINITION:
Under the direction of the City Manager, this position is responsible for all aspects of the design, implementation, and maintenance of organization-wide networking and information systems. The IT Director will develop and implement the IT strategy for the City, ensuring optimal technology solutions across all city departments, buildings, and systems. The IT Director will also supervise assigned IT staff, such as the IT Manager, and oversee contractors and consultants as needed.
POSITION CHARACTERISTICS:
The Information Technology Director is an administrative role requiring a balance of managerial duties and technical oversight. The position reports directly to the City Manager and is responsible for setting and implementing the City’s IT strategy, supervising IT staff, and ensuring the efficient operation of all IT systems across city departments. The Director must manage both day-to-day technology operations and long-term projects while overseeing contracts, vendor relationships, and department budgets. This role demands strong leadership, decision-making, and communication skills, ensuring that IT resources are effectively allocated to support the City’s goals and operations.
DUTIES & RESPONSIBILITIES
The following tasks are typical for positions in this classification. Anyone in this position may not perform all of these tasks and/or may perform similar related tasks not listed here:
• Lead large IT projects, including the design, deployment, broadband access, and management of new IT systems and services across all City facilities/locations. • Develop a comprehensive IT strategy, including network architecture, security protocols, and data management systems for all city departments.
• Supervise assigned IT staff, including the IT Manager, delegating work and providing guidance on IT operations and projects.
• Manage contracts and subscriptions for cloud services, telephony (including cell phones), alarms, security cameras, and other IT-related services.
• Ensure continuous communication between all computer systems, identifying and addressing citywide system issues.
• Oversee the deployment of equipment, including computers, printers, and audio-visual (A/V) systems, and ensure employee training on IT policies and procedures. • Collaborate with department heads to align IT infrastructure with the City's goals, ensuring all departments are equipped with appropriate technology.
• Manage vendor relationships, assess new technology solutions, and negotiate contracts for hardware, software, and services.
• Oversee the budget for IT operations, including capital improvement projects, and monitor expenditures.
• Handle IT-related troubleshooting and support for all city departments, ensuring fast resolution of technical issues.
• Manage the City's print services and ensure appropriate access control for all city buildings. • Prepare, coordinate, and supervise audio/visual (A/V) equipment for buildings and events as needed. • Keep an inventory of all IT and A/V equipment, ensuring systems are functioning properly and upgrades are planned.
• Ensure cybersecurity protocols are implemented and maintained, conducting regular assessments of system vulnerabilities.
September 11, 2025 Pg. 150
City of Avenal
919 Skyline Blvd.
Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
2 • Serve as the primary liaison for IT matters between the City and external agencies, consultants, or vendors.
• Ensure compliance with applicable laws, regulations, and security standards for all IT systems. • Develop and oversee citywide Artificial Intelligence (AI) policies, ensuring compliance with legal, ethical, and operational standards, and aligning AI initiatives with city goals. • Lead the deployment and management of AI-driven technologies across departments, collaborating with department heads to enhance public services, optimize operations, and support decision-making through AI tools.
• Supervise the IT Manager in AI implementation, ensuring seamless integration of AI systems, managing vendor relationships, and regularly reviewing AI performance to address privacy, security, and ethical concerns.
• Assist the City Manager in planning for future technology needs and network upgrades. • Perform any other duties as assigned or necessary.
KNOWLEDGE AND ABILITIES:
Any combination of education and experience that would likely provide the required knowledge, skills, and abilities is qualifying. Knowledge of the Office 365 Suite, general and specialized server computer hardware identification and diagnosis is required.
- Experience: Five (5) years’ experience in systems analysis, network management, or IT project management, with at least two (2) years in a supervisory role. Experience managing large-scale IT projects and implementing IT strategies in a multi-platform environment preferred. - Education/Training: A bachelor’s degree in computer science, information technology, or a closely related field is preferred. (Additional relevant full-time experience may be substituted for the bachelor’s degree on a year-for-year basis).
- Licenses and Certificates: Designated position requires possession of a Class C driver's license. A CompTIA A+, Network+, or Security+ or similar certifications are required.
TRAINING:
• Course work and training in subject matter relevant to the functions of IT.
PHYSICAL DEMANDS AND WORKING CONDITIONS:
The physical demands herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform these essential job functions. - Productivity: Incumbents must perform work efficiently, effectively, and in a timely manner with minimal direction.
- Mobility: Ability to lift at least 30 pounds and move between sites as necessary. - Vision: Vision sufficient to read printed documents, observe prolonged onscreen activity, and operate assigned equipment.
- Environment: Incumbents may be exposed to inclement weather conditions and may work at indoor or outdoor facilities, traveling between sites.
- Other Factors: Incumbents may be required to work extended hours, including evenings, weekends, and holidays.
EMPLOYEE SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.
Amended 9/11/2025
September 11, 2025 Pg. 151
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629
OPERATOR IN TRAINING
SALARY: Range D
REPORTS TO: Utilities Director
BASIC FUNCTION:
Under general supervision of the Utilities Director and Plant Operator, assists with the operation and maintenance of both Water and Wastewater Treatment Plants, water distribution systems, and sewer collection systems. This position serves as a training role to develop skills necessary to obtain required state certifications for water and wastewater operations. The incumbent learns to perform skilled work in the construction, maintenance, operation, and repair of the City's water production and distribution systems, wastewater treatment facilities, and related infrastructure while fulfilling training and experience requirements for state certification.
SUPERVISION RECEIVED AND EXERCISED:
Receives immediate supervision from the Utilities Director and Plant Operator. Exercises no direct supervision over staff.
CLASS CHARACTERISTICS:
This is the entry-level trainee classification in the Utilities Operator series. Working under direct supervision, incumbents learn and perform routine construction, maintenance, operation, and repair duties related to the City's water and wastewater systems while fulfilling the training and experience requirements necessary to gain appropriate water treatment, wastewater treatment, and distribution certificates as mandated by the State of California.
GENERAL RESPONSIBILITIES:
Is required to cooperate and work in a supportive manner with all employees in all departments. Must be courteous in meeting the public and always be conscious of the basic obligations of serving in the best interest of the Community. Must communicate and cooperate with other employees, management and supervisory personnel, as well as members of the public sector. Must assist when needed on any emergencies that occur where Utility Department personnel are needed. Employees shall be available to work on any assigned shift, which may include working nights, weekends and holidays.
ESSENTIAL DUTIES:
Water System Operations:
• Assists in the operation, construction, maintenance and repair of the City's water system, including laying and repairing water lines, connecting and disconnecting water services • Takes water samples from wells and sampling station outlets for laboratory testing September 11, 2025 Pg. 152
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 • Operates chlorinating equipment, tests for chlorine residuals, and maintains other water treatment/disinfecting systems as required by State Department of Health Services • Performs daily checks of chlorine residuals in distribution system and records results • Tests, maintains, and repairs pumps, chlorinating equipment, valves, meters, gauges, and electrical and gas water-pumping equipment
Wastewater System Operations:
• Assists with operations and maintenance of the wastewater treatment plant and collection system
• Inspects, diagnoses and performs preventative maintenance on wastewater treatment equipment • Monitors treatment processes and records operational data • Performs routine maintenance on collection system components including manholes, lift stations, and force mains
• Assists with emergency repairs and system troubleshooting Monitoring and Record Keeping:
• Obtains and records static or pumping water levels in water basins, monitors the operation of wells, boosters, and treatment sites
• Performs routine daily inspections of all water production and storage facilities, identifies any improper function of equipment or operations
• Prepares detailed reports of performance and condition of pumping facilities and treatment systems
• Maintains accurate logs and records of work performed and materials and equipment used • Learns to prepare and maintain accurate reports required by the California State Water Resources Control Board (SWRCB)
Equipment and Infrastructure Maintenance:
• Maintains, repairs, and installs water meter readers and related appurtenances; troubleshoots malfunctioning meters
• Installs, cleans, adjusts, overhauls, rebuilds, paints, and operates valves; troubleshoots valve problems within the water distribution system
• Maintains and repairs reservoirs, pumping facilities, and treatment plant equipment • Performs general maintenance and clean-up duties around water and wastewater facilities • Maintains tools, hand tools and equipment used in the maintenance and repair of water and wastewater systems
Safety and Compliance:
• Verifies underground pipe locations through 811 call system before excavation • Follows all safety protocols when handling hazardous chemicals and materials • Ensures compliance with federal, state, and local regulations governing water and wastewater operations
September 11, 2025 Pg. 153
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 • Operates and maintains specialized vehicles and a variety of light, medium, and heavy equipment
Additional Responsibilities:
• Assists with general maintenance, repair, and construction of City equipment, and facilities as assigned
• Performs manual labor related to the operation and maintenance of water and wastewater systems
• Responds to emergency callouts immediately and reports to designated area within 20 minutes • Other duties as required
QUALIFICATIONS:
KNOWLEDGE OF:
• Basic principles and practices of water and wastewater treatment operations (in a learning capacity)
• Maintenance methods for water distribution and wastewater collection systems • Operation and maintenance of pumps, valves, meters, and related equipment • Methods and techniques of collecting and preserving water samples • Basic understanding of chlorination systems and water quality testing • Occupational hazards and safety practices related to utilities work • Operation of hand and power tools, vehicles, and equipment • Basic record keeping and report writing
• Customer service principles and practices
ABILITY TO:
• Learn to operate water and wastewater treatment systems effectively • Perform construction, maintenance, and repair work on utility systems • Read meters, gauges, and basic schematics
• Safely operate hand tools, power tools, and heavy equipment • Maintain accurate logs and written records
• Follow oral and written instructions
• Communicate clearly and effectively with supervisors, coworkers, and the public • Work independently and organize tasks effectively
• Establish positive working relationships with others
• Work harmoniously with all City employees
EDUCATION AND EXPERIENCE:
High School graduation or equivalent required. Must be able to read, write, and communicate in the English language commensurate with job responsibilities. Minimum of one year's experience in the operation and maintenance of water distribution systems, sewer collection systems, water treatment plants, or wastewater treatment plants preferred. Experience in grounds maintenance, construction, or other trades work acceptable.
September 11, 2025 Pg. 154
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 Position is Full-Time.
REQUIRED QUALIFICATIONS AND CERTIFICATIONS:
• Valid California Class C driver's license upon appointment • Must possess Operator in Training (OIT) certification within 60 days of employment • Must obtain Grade I Wastewater and Water Operators Certificate within 24 months of employment
• Must obtain Water Distribution Certification Grade II within 36 months of employment • All full-time employees are required to have a home telephone or reliable communication device PHYSICAL DEMANDS:
Must possess mobility to work in the field; strength, stamina, and mobility to perform medium to heavy physical work; ability to sit, stand, and walk on level, uneven, or slippery surfaces; frequently reach, twist, turn, kneel, bend, stoop, squat, crouch, grasp and make repetitive hand movements in performance of daily duties; climb and descend ladders; operate varied hand and power tools and construction equipment; operate a motor vehicle and visit various City sites; vision to inspect and operate equipment. Finger dexterity needed to operate and repair tools and equipment. Must possess ability to lift, carry, push, and pull materials and objects averaging 50 pounds or heavier weights with proper equipment and/or assistance from other staff.
ENVIRONMENTAL CONDITIONS:
Employees work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, hazardous physical substances and fumes, dust and air contaminants. May interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.
SPECIAL REQUIREMENTS:
• EMERGENCY RESPONSE: Shall respond to callout page immediately and report to designated area within 20 minutes of said call. Must hold call on rotating schedule between utilities staff, an on call shift is a 7 days straight including weekends. • SHIFT WORK: Available to work any assigned shift, including nights, weekends, and holidays • TRAINING COMMITMENT: Must actively pursue required certifications within specified timeframes
• TEAMWORK: Must work harmoniously and cooperatively with all City employees and departments
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.
EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.
Amended 9/11/2025
September 11, 2025 Pg. 155
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 PARCS Director Job Description
(Parks, After School, Recreation, and Community Services Department) SALARY: Salary Range S-4
REPORTS TO: City Manager
DEFINITION
To plan, supervise, assign, and review the work of staff responsible for comprehensive community recreation programs and activities including youth programming, adult recreation/fitness, and cultural events; to oversee operations of the all recreational facilities and rental sites; to ensure work quality and adherence to established policies and procedures; and to provide highly responsible and technical staff assistance to the City Manager.
SUPERVISION RECEIVED AND EXERCISED
Receives general administrative direction from the City Manager or designee.
Exercises direct supervision over both full and part-time employees, (Youth Programming Coordinator and Adult Programming & Community Events Coordinator), professional contract providers, and supervisory, technical, clerical staff, and volunteers.
ESSENTIAL FUNCTION STATEMENTS
Essential responsibilities and duties may include, but are not limited to, the following:
Leadership and Strategic Management:
1. Provide overall leadership and strategic direction for PARCS department operations, including (but not limited to) the new community center facility with indoor soccer field, basketball court, weight room, private programming rooms, and commercial kitchen.
2. Develop and implement comprehensive strategic plans, policies, and procedures for youth programming, adult recreation/fitness programs, and community cultural events.
3. Manage and coordinate the work of part-time Youth Programming Coordinator and Adult Programming & Community Events Coordinator to ensure seamless service delivery across all program areas.
Facility and Program Management:
4. Oversee optimal utilization of community center spaces including basketball court, indoor soccer field, weight room, private rooms, and kitchen for diverse programming needs.
5. Evaluate and expand program offerings to ensure they meet evolving community needs across all age groups, with emphasis on after-school programs, adult fitness, and cultural enrichment activities.
6. Monitor and evaluate program effectiveness, safety standards, and compliance with all laws, policies, regulations, and goals.
7. Oversee facility rental requests for city properties, including processing rental applications and ensuring proper facility use and maintenance standards.
Financial and Administrative Oversight:
8. Oversee development and administration of department budget, including allocation of special funds/grants and facility operational costs; forecast staffing, equipment, materials and supply needs; approve expenditures and implement budgetary adjustments.
September 11, 2025 Pg. 156
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629
9. Serve as secretary and administrative liaison to the PARCS Commission, a board of appointed community members that meets monthly to provide input on recreation programming and activities; prepare agendas, maintain meeting records, and facilitate board operations including budget recommendations.
10. Prepare comprehensive reports and recommendations on recreation programs, facility utilization, and partnership outcomes for presentation for City Council.
11. Maintain detailed financial records and prepare regular reports on program impact, student engagement, and funding compliance as required by grant obligations.
Community Relations and Representation:
12. Represent the PARCS Department to other city departments, elected officials, and community organizations; coordinate activities with educational partners and outside agencies.
13. Provide staff assistance to the City Manager; participate on related boards, commissions, and committees; prepare and present staff reports and correspondence.
14. Respond to and resolve complex citizen inquiries and complaints; provide exceptional customer service and timely resolution of issues.
Professional Development and Innovation:
15. Attend professional meetings and stay current with trends in recreation management, youth programming, community partnerships, and facility operations.
16. Plan, facilitate, and evaluate community-wide special events and programs that utilize the full capacity of the new community center.
17. Perform related duties as required to support department goals and community needs.
QUALIFICATIONS
Knowledge of:
• Operations, services, and activities of comprehensive recreation programs including youth, adult, and community programming
• Principles and practices of program administration and facility management • Grant management, development, and reporting procedures • Principles of supervision, training, and performance evaluation of diverse staff • Budget preparation, administration, and fiscal management • Community center facility operations and maintenance coordination • Age-appropriate programming for various demographics from youth to seniors • Safety standards and risk management for recreational facilities and programs • Modern technology applications for program management and facility operations Ability to:
• Provide strategic leadership for a multi-faceted recreation department with diverse programming • Supervise and coordinate work of specialized program coordinators and support staff • Develop and maintain productive partnerships with school districts and educational organizations • Manage complex facility operations including multiple programming spaces • Plan and implement comprehensive programming that serves all community demographics • Adapt programming to maximize facility utilization and community benefit September 11, 2025 Pg. 157
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 • Communicate effectively with diverse stakeholders including city officials, educators, and community members
• Analyze program data and prepare detailed reports on outcomes and impact • Work flexible hours including evenings, weekends, and special events as community programming demands
• Anticipate and have resources ready for partnerships or events that can occur withour prior notice
EXPERIENCE AND TRAINING GUIDELINES
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. The ideal candiate shall posses the following:
Experience:
At least five years of responsible program administration experience in organized community services and recreation activities, including two years of administrative and/or supervisory experience.
Education & Training:
Bachelor's degree from an accredited college or university with major coursework in recreation, public administration, education, or related field. Additional certification in recreation administration or related professional credentials preferred. Educational requirements may change based on City needs.
WORKING CONDITIONS
Environmental Conditions:
Working conditions include office environment, community center facility operations, outdoor activities in various weather conditions, evening and weekend programming, and special events. Frequent interaction with diverse community members, educational partners, and city officials.
Physical Conditions:
Position requires physical and mental stamina to manage comprehensive programming; manual dexterity for administrative tasks and program setup; vision and hearing sufficient for facility oversight and community interaction; physical mobility to navigate all areas of community center facility; ability to lift up to 50 pounds of equipment and materials; stamina for extended periods during events and programs; mental acuity for strategic planning, problem-solving, and partnership management.
EMPLOYEE SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.
Created 9/11/2025
September 11, 2025 Pg. 158
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 PARCS Adult Programming & Community Events Coordinator (Part-Time) (Parks, After School, Recreation, and Community Services Department) SALARY: Salary Range B
REPORTS TO: PARCS Director
DEFINITION
To plan, coordinate, and implement adult recreation and fitness programs, community cultural events, and facility rental operations; to develop programming that serves diverse adult demographics and promotes community engagement; and to support overall PARCS Department goals through innovative programming and event management.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from the PARCS Director.
May provide guidance and coordination to hourly program staff, volunteers, and contracted instructors working with adult programs and special events.
ESSENTIAL FUNCTION STATEMENTS
Essential responsibilities and duties may include, but are not limited to, the following:
Adult Programming Development:
1. Plan, coordinate, and implement adult recreation and fitness programs utilizing community center facilities including weight room, basketball court, indoor soccer field, and private programming rooms.
2. Develop diverse programming for various adult demographics including fitness classes, sports leagues, wellness programs, and lifelong learning opportunities.
3. Coordinate specialized programming such as cooking classes (utilizing commercial kitchen), arts and cultural workshops, senior wellness programs, and community education seminars.
4. Research and implement innovative programming trends to meet evolving community interests and needs.
Community Events and Cultural Programming:
5. Plan and execute community-wide special events, cultural celebrations, and seasonal programming that utilize the full capacity of community center facilities.
6. Coordinate with local organizations, businesses, and community groups to develop collaborative events and programming partnerships.
September 11, 2025 Pg. 159
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629
7. Manage logistics for large-scale events including setup, vendor coordination, volunteer management, and cleanup operations.
8. Develop marketing and promotional strategies to increase community participation in programs and events.
Facility Rental Management:
9. Process and manage facility rental applications for community center and other city properties, ensuring appropriate use and adherence to rental policies.
10. Coordinate with external rental users to schedule facilities, communicate policies, and ensure proper facility use and maintenance standards.
11. Conduct facility tours for potential renters and maintain rental calendar and documentation systems.
12. Monitor facility condition during rental periods and address any maintenance or policy violations.
Administrative and Financial Support:
13. Assist with program budget development and monitor expenditures for adult programming and special events.
14. Maintain detailed records of program participation, event attendance, and rental revenue for reporting purposes.
15. Prepare promotional materials, program descriptions, and community communications for adult programming and events.
16. Collect and analyze participant feedback to continuously improve program offerings and service delivery.
17. Perform related duties as assigned to support department goals and community programming objectives.
QUALIFICATIONS
Knowledge of:
• Adult recreation and fitness programming principles and trends • Event planning and management best practices
• Facility rental operations and customer service
• Basic principles of marketing and community outreach
• Safety protocols for adult programming and large events • Computer applications including scheduling software, databases, and social media platforms Ability to:
• Plan and implement engaging programs for diverse adult populations • Coordinate complex events and manage multiple priorities simultaneously • Provide excellent customer service to program participants and facility renters • Work effectively with community partners, vendors, and volunteers • Communicate effectively both orally and in writing with diverse audiences September 11, 2025 Pg. 160
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 • Work flexible hours including evenings, weekends, and special events • Handle financial transactions and maintain accurate records • Adapt programming based on community needs and feedback
EXPERIENCE AND TRAINING GUIDELINES
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Experience:
Two years of experience in adult programming, event planning, customer service, or related field. Experience with facility management or rental operations preferred.
Training:
High school diploma or equivalent required. Associate's degree in recreation, business administration, marketing, or related field preferred. Event planning certification or relevant professional development preferred. First Aid/CPR certification required or must be obtained within 90 days of hire.
WORKING CONDITIONS
Environmental Conditions:
Work primarily in community center facility with some outdoor event activities. Regular interaction with adult program participants, event attendees, facility renters, and community partners. Evening, weekend, and holiday work required for events and programming.
Physical Conditions:
Position requires physical stamina for event setup and programming activities; ability to lift up to 40 pounds of event materials and equipment; manual dexterity for program and event coordination; vision and hearing adequate for public interaction and safety oversight; mobility to move throughout all facility areas; ability to work flexible and extended hours during special events and programming, evenings, weekends, and holidays as needed.
Position is part-time.
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.
EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.
Created 9/11/2025
September 11, 2025 Pg. 161
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 PARCS Youth Programming Coordinator (Part-Time)
(Parks, After School, Recreation, and Community Services Department) SALARY: Salary Range B
REPORTS TO: PARCS Director
DEFINITION
To plan, coordinate, and implement comprehensive youth programming including after-school programs, summer camps, and educational enrichment activities; to monitor expenditures for youth programs and to assist in the day-to-day operations of youth-focused community center activities.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from the PARCS Director.
May provide guidance and coordination to hourly program staff, volunteers, and contracted instructors working with youth programs.
ESSENTIAL FUNCTION STATEMENTS
Essential responsibilities and duties may include, but are not limited to, the following:
Program Development and Implementation:
1. Plan, coordinate, and implement after-school programs.
2. Develop and oversee summer camp programs that utilize community center facilities including basketball court, indoor soccer field, weight room, and private programming rooms.
3. Create age-appropriate educational and recreational activities that support academic achievement and youth development goals.
4. Coordinate specialized programming such as arts and crafts, sports instruction, and life skills workshops.
Facility and Safety Management:
5. Oversee safe and appropriate use of community center spaces during youth programming hours, ensuring proper supervision ratios and safety protocols.
6. Manage program equipment, supplies, and materials specific to youth activities, including educational resources, sports equipment, and arts supplies.
7. Ensure all youth programming areas meet safety standards and age-appropriate guidelines.
Administrative and Communication Duties:
September 11, 2025 Pg. 162
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629
8. Maintain accurate records of program participation, activities, and outcomes for reporting to the PARCS Director.
9. Communicate regularly with parents/guardians regarding program schedules, activities, and student progress.
10. Assist with registration processes, program marketing, and community outreach for youth services.
11. Prepare program reports and recommendations for continuous improvement.
12. Perform related duties as assigned to support department goals and youth programming objectives.
QUALIFICATIONS
Knowledge of:
• Child development principles and age-appropriate programming • Youth recreation activities, sports, and educational programming • Basic principles of classroom and group management
• Safety protocols and procedures for youth programming • Basic computer applications and record-keeping systems Ability to:
• Plan and implement engaging educational and recreational activities for children • Supervise and ensure safety of children in various activity settings • Communicate effectively with children, parents, staff, and community members • Work flexible hours including after-school, summer, and some weekend programming • Maintain confidentiality and handle sensitive information appropriately • Adapt programming to meet diverse learning styles and needs • Work both independently and as part of a collaborative team
EXPERIENCE AND TRAINING GUIDELINES
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Experience:
Two years of experience working with children in educational, recreational, or youth development settings.
Experience with after-school programming desirable but not required.
Training:
High school diploma or equivalent required. Associate's degree in education, child development, recreation, or related field preferred. First Aid/CPR certification required or must be obtained within 90 days of hire.
September 11, 2025 Pg. 163
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629
WORKING CONDITIONS
Environmental Conditions:
Work primarily in community center facility with occasional outdoor activities. Regular interaction with children, parents, school personnel, and community members. Some evening, weekend, and holiday work may be required.
Physical Conditions:
Position requires physical stamina to actively participate in youth activities; ability to lift up to 30 pounds of program materials; manual dexterity for activity setup and supervision; vision and hearing adequate for child supervision and safety; mobility to move throughout community center facility; ability to sit, stand, walk, and engage in physical activities with children.
Position is part-time.
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.
EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.
Created 9/11/2025
September 11, 2025 Pg. 164
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629
JANITOR/CUSTODIAN/MAINTENANCE (PART-TIME)
SALARY: Salary Range – A;
REPORTS TO: Public Works Director/Public Works Supervisor GENERAL RESPONSIBILITIES:
Under general supervision of the Public Works Director and Public Works Supervisor, performs custodial and light building maintenance work in City Buildings/Property, such as, City Hall, Public Works Building, Recreation Buildings, Community Center, Water Treatment Plant, Waste Water Treatment Plant, Veterans Building and the Police Dept. and related work as required. To cooperate and work in a supportive manner with all employees in all departments. To be courteous in meeting the public, and always be conscious of the basic obligations of serving to the best interest of the City of Avenal. To communicate and cooperate with fellow workers, management and supervisory personnel, as well as members of the public sector. This position requires the selected candidate to be able to work flexible hours, i.e. nights, weekends, holidays.
EXAMPLES OF DUTIES: (Including but not limited to:)
Sweep, mop, wax, and polish floors, vacuum carpets, dust and polish woodwork and furniture, wash windows, clean blinds, keep all restrooms clean and supplied with paper, keeps porches and sidewalks clean by sweeping, empty and clean wastebaskets and trash containers, clean kitchen areas, keep janitorial supplies stocked up, rearrange supply cabinets and closets, perform minor building maintenance and report the need for major repairs; clean and maintain work areas, 50 lb. lifting capacity is required and perform related duties as required.
DESIRABLE QUALIFICATIONS:
Knowledge: Methods of cleaning and preserving floors, walls and fixtures; common cleaning materials, disinfectants and equipment used in custodial work; and building maintenance, associated tools & equipment.
Abilities: Use common custodial tools and supplies in doing a variety of custodial cleaning work and building maintenance; performs heavy physical work; carry out written and oral instructions without close supervision.
Education: High School education or equivalent. Formal or informal education sufficient to ensure the ability to read and write at the level required for successful job performance.
Licenses/Certifications: Must possess a valid California Class C Driver's License.
Position is part-time
ALL FULL TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.
EMPLOYEE SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.
EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER.
Created 9/11/2025
September 11, 2025 Pg. 165
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629
PUBLIC WORKS LANDSCAPE/ PARK MAINTAINER (PART-TIME)
SALARY: Salary Range – A; Staring at $18.05/hr
REPORTS TO: Public Works Director/Public Works Supervisor GENERAL RESPONSIBILITES:
Under general supervision of the Public Works Director or Superviro, performs a variety of manual semi-skilled work related to the care and maintenance of City owned parks and grounds; participates in the remodeling, repair and upkeep of City property and buildings; assists with the Public Works projects as needed.
DISTINGUISHING CHARACTERISTICS:
Positions allocated to this classification are assigned the routine semi-skilled and manual laboring duties and receive on-the-job training to learn to perform the full range of duty characteristics of this classification.
EXAMPLE OF DUTIES:
Maintains park areas and city grounds in neat and attractive conditions; plants, cultivates, waters, maintains and landscapes parks and grounds; cleans and performs maintenance work on park equipment, buildings and other city facilities; cleans and maintains park restroom facilities; operates and maintains hand and power tools in clean, safe and effective manner; installs and maintains water lines and irrigation systems in city parks and grounds; trims trees and shrubs on streets, parks and grounds. Removes trash & debris and disposes at landfill.
Assists the Public Works Department as needed as it relates to landscaping & parks, etc. 50 lb. lifting capacity is required. May be assigned flexible work hours as needed; other duties as required.
DESIRABLE QUALIFICATIONS:
Knowledge: Use and purpose of general maintenance hand tools; knowledge of building and grounds maintenance; knowledgeable and experience with plants, trees, landscaping material, etc.; knowledgeable and experience with sprinkler systems, pruning, etc.
Abilities: Perform manual labor; utilize tools and equipment in a safe and effective manner; follow oral and written instructions and maintain effective working relationships with those contacted in the course of work.
Education: High School education or equivalent and the ability to read and write at the level required for successful job performance. Must possess a valid California Driver's License.
Position is part-time
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.
EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER.
Created 9/11/2025
Created 9/11/2025
September 11, 2025 Pg. 166
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 TO: The Honorable Mayor and City Council
FROM: Ronald Brumley, Utilities Director
PREPARED BY: Karla Curiel, Deputy City Clerk
DATE: September 11, 2025
RE: Ordinance 2025-02 Amending Section 6-4.20 of the Avenal Municipal Code - CrossConnection Control Policy Update
RECOMMENDATION
Staff recommends that the City Council introduce for first reading Ordinance 2025-02 amending Section 6-4.20 of Title 6 of the Avenal Municipal Code relating to Control of Backflow and Cross-Connections to comply with updated state requirements.
BACKGROUND
The City of Avenal adopted Ordinance No. 88-02 in 1988 establishing cross-connection control regulations to protect the public water supply from contamination through backflow prevention. This ordinance has served the community for over 35 years but now requires updating to comply with current state mandates.
The California State Water Resources Control Board (SWRCB) adopted the Cross-connection Control Policy Handbook (CCCPH) on December 19, 2023, effective July 1, 2024. The SWRCB subsequently amended the CCCPH on June 17, 2025, extending certain compliance deadlines and aligning language with other preexisting regulations. Compliance with the CCCPH is mandatory for all California Public Water Systems, including the City of Avenal.
WHAT IS A BACKFLOW DEVICE?
A backflow prevention device is a mechanical or air-gap device that protects the public water supply from contamination by preventing water from flowing backward into the main supply.
It acts as a one-way gate, allowing
water to flow into a building or
property but stopping it from
reversing direction due to changes in
water pressure. This is crucial
because a cross-connection between
your potable (drinking) water supply
and a non-potable source, such as an
irrigation system, can introduce
pollutants into your drinking water if
backflow occurs.
September 11, 2025 Pg. 167
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629
DISCUSSION
Legal Requirements: California Health and Safety Code Section 116275(h) defines Public Water Systems and requires compliance with SWRCB regulations. The updated CCCPH establishes uniform statewide standards for cross-connection control programs that replace previous patchwork regulations.
Key Changes from Current Ordinance:
1. Updated Statutory Authority
• References current CCCPH adoption dates (December 19, 2023 and June 17, 2025 amendments) • Establishes clear legal foundation for enforcement
2. Enhanced Installation Requirements
• Specifies minimum reduced pressure (RP) devices for non-fire connections requiring backflow prevention
• Details installation standards for Air-Gap (AG), Reduced Pressure (RP), and Double-Check (DC) devices
• Requires 12-inch minimum above-grade installation for RP devices
3. Fire Protection System Provisions
• Establishes July 1, 2035 deadline for fire sprinkler system double-check valve installation (10-year compliance period)
• Requires RP protection for high-hazard fire systems using chemical additives • Provides exemptions for low-hazard residential fire systems meeting specific criteria
4. Enhanced Testing and Maintenance
• Mandates 30-day response time for testing notifications • Clarifies cost responsibilities for inspections and repairs • Strengthens enforcement provisions for non-compliance
5. Fire Hydrant Use Controls
• Requires portable RP devices for direct hydrant use (sewer flushing, etc.) • Protects distribution system from contamination during utility operations Public Health Protection
Cross-connection control prevents contaminated water from flowing back into the public water supply, protecting thousands of residents from potential health hazards including chemical contamination, bacterial infection, and toxic substance exposure.
FISCAL IMPACT
• Customer Costs: Business, and multi-family property owners bear costs for device installation, testing, and maintenance (consistent with current practice and state law) • Compliance Costs: Failure to adopt updated regulations could result in state enforcement actions and potential water system sanctions
September 11, 2025 Pg. 168
City of Avenal
“Oasis in the Sun – Gateway to the Coast”
919 Skyline Blvd., Avenal, CA 93204 Phone: (559) 386-5766 Fax: (559) 386-0629 Implementation Timeline
• Immediate: New installations must comply ASAP upon ordinance effective date (November 11, 2025) o Staff will issue out letters and self-reporting surveys to all customers, giving them three months to respond, then initiate inspections and work with customers towards compliance by early 2026 • July 1, 2035: Fire sprinkler system compliance deadline • Ongoing: Annual testing requirements continue for all devices
ENVIRONMENTAL REVIEW
This ordinance update implements state-mandated public health protection measures and is categorically exempt from CEQA review under Section 15308 (actions taken by regulatory agencies for protection of the environment) and Section 15061(b)(3) (general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment).
CONCLUSION
The proposed ordinance amendment is necessary to maintain compliance with state law and ensure continued protection of Avenal's public water supply. The 1988 ordinance has served its purpose, but requires modernization to meet current regulatory standards. The updated provisions provide enhanced protection while establishing reasonable compliance timelines, particularly the 10-year phase-in period for existing fire protection systems.
On the customer end, all business, multi-family, and properties with multiple meters, will require to comply with this ordinance (single-family residents will not be affected). City Staff will ensure that all customers are dully notified and informed about the changes, given a list of certified backflow devices, installers, cross-connection specialists, plumbers, and instructions on how to comply.
While this may pose a financial burden for some customers, the installation of certified backflow devices is essential to prevent the risk of cross-contamination between private systems and the City’s potable water supply, safeguarding the health and safety of all Avenal residents as required by State law.
Staff recommends Council adopt Resolution 2025-_46_, introduce Ordinance 2025-_02_ for first reading, with second reading and adoption scheduled for the subsequent meeting following required public notice.
September 11, 2025 Pg. 169
September 11, 2025 Pg. 170
September 11, 2025 Pg. 171