- 1 -
8/24/2026 4:00:00 PM
www.modestogov.com
AGENDA
City of Modesto
FINANCE COMMITTEE
COUNCIL WORKSHOP
2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, August 24, 2026 at 4:00 PM
Roll Call: David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
Alternates: Eric Alvarez, Chris Ricci, Jeremiah Williams, Sue Zwahlen Council has not delegated directive or final approval authority to the Committees.
Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. * Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of California Government Code section 54953.8.3.
*If a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Senate Bill 707, California Government Code section 54953.8.3. Alternative viewing options are listed below, and the meeting is physically open to the public.
- 1 -
8/24/2026
- 2 -
8/24/2026 4:00:00 PM
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
• Enter the following link into an Internet Browser
https://us02web.zoom.us/j/95895497651
• Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 958 9549 7651
• Passcode: 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.
Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 Passcode: 84326
PUBLIC COMMENT PERIOD
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters. Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.
- 2 -
8/24/2026
- 3 -
8/24/2026 4:00:00 PM
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record but will not be read aloud during the meeting.
Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings.
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED:
Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee Member.
Consent
1. Consider a report on Fiscal Year 2025-2026 unclaimed funds of $46,085 that can be transferred to the General Fund and forwarding to Council for approval. (Funding Source: General Fund)
- 3 -
8/24/2026
- 4 -
8/24/2026 4:00:00 PM
• Motion recommending a report on Fiscal Year 2025-2026 unclaimed funds of $46,085 that can be transferred to the General Fund and forwarding to Council for approval.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] Consent
2. Consider the Fiscal Year 2025-26 Write-Off and Adjustments reports through fiscal year-end June 30, 2026, in the total amount of $448,861 and forwarding to Council for approval. (Funding Source: Various Funds)
• Motion recommending Fiscal Year 2025-2026 Write-Off and Adjustments reports through fiscal year end June 30, 2026, in the total of $448,861 and forwarding to Council for approval.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] Consent
3. Consider a First Amendment to Agreement with Brewer & Associates LLC, Lexington, Kentucky, for the purchase of Jackets, Hoodies, and Beanies increasing the Agreement amount by $54,350 through the duration of the Agreement and forwarding to Council for approval. (Funding Source: Various Funds)
• Motion recommending a First Amendment to the Agreement with Brewer & Associates, LLC, Lexington, KY for the purchase of jackets, hoodies, and beanies, increasing the Agreement amount by $54,350, to a new estimated annual amount of $77,175, a new total amount not to exceed $154,350 through the term of the Agreement; and forwarding to Council for approval.
FINANCE DEPARTMENT; Dianne Love, 209-571-5174, [email protected] Consent
4. Consider an Agreement to upgrade the existing AssetWorks fleet management software to the cloud-based solution, to AssetWorks, Inc., Berwyn, PA for a total amount not to exceed $731,837 over five (5) years and forwarding to Council for approval. (Funding Source: Fleet Management Fund)
• Motion recommending the Agreement with AssetWorks, Inc., Berwyn, PA for the cloud-based solution fleet management software for a two (2) year agreement with three (3) one-year extension options, for a total year one (1) cost of $170,818 and a total amount not to exceed $731,837 over a five-year period and forwarding to Council for approval.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected]
NEW BUSINESS
5. Consider the recommended budget adjustments to Fiscal Year 2025-26 and Fiscal Year 2026-27 Annual Operating and Capital Improvement Program Budgets; Amending the Fiscal Year 2026-27 Position Allocation; Amending the Fiscal Year 2026-27 Classification Plan; and forwarding to Council for approval. (Funding Source: Various Funds)
- 4 -
8/24/2026
- 5 -
8/24/2026 4:00:00 PM
• Motion recommending the budget adjustments to Fiscal Year 2025-26 and Fiscal Year 2026-27 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval.
• Motion recommending amending the Position Allocation for Fiscal Year 2026-27 as adopted in the operating budget; and forwarding to Council for approval.
• Motion recommending amending the Classification Plan for Fiscal Year 2026-27 as adopted in the operating budget; and forwarding to Council for approval.
BUDGET; Kaceey Culbertson, 209-571-5855, [email protected]
6. Consider an Ordinance to repeal and replace certain Articles of Chapter 2 “Vehicle and Traffic Regulations”, Title 3 “Public Safety” of the Modesto Municipal Code related to the management and enforcement of parking in the City of Modesto and forwarding to Council for approval. (Funding Source: Not Applicable)
• Motion recommending an Ordinance repealing and replacing Articles 1, 2, 10, 11, 12, 17 and 20 of Chapter 2 “Vehicle and Traffic Regulations” of Title 3 “Public Safety” of the Modesto Municipal Code related to the management and enforcement of parking and forwarding to Council for approval.
FINANCE DEPARTMENT; Jeni Martin, 209-571-5892, [email protected]
7. Consider delegating the responsibility for investment transactions to the Director of Finance and accepting the Annual Investment Report for Fiscal Year 2025-2026 and forwarding to Council for approval. (Funding Source: Various Funds) • Motion delegating the responsibility for investment transactions to the Director of Finance and accepting the Annual Investment Report for Fiscal Year 2025- 2026 and forwarding to Council for approval.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
8. Consider Agreements for the furnishing of City-wide Landscaping Services to Grover Landscape Services Inc., Modesto, CA for a total amount not to exceed $17,989,717, over five (5) years; and forwarding to Council for approval. (Funding Source: Various Funds)
• Motion recommending the Award of Proposal and Agreement for City-wide Landscaping Services to Grover Landscape Services Inc. for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $3,597,944 and a total amount not to exceed $17,989,717 over five (5) years and forwarding to Council for approval.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected]
9. Consider an Agreement with West Yost, of Sacramento, CA, for the preparation of the Water System Engineer’s Report Update in the amount of $85,350 plus $8,535 in additional services (if needed) for an Agreement total not to exceed $93,885; an Agreement with Bartle Wells Associates, of Berkeley, CA, for the preparation of the Water Rate and Fee Study in the amount of $199,625, plus $19,963 in additional - 5 -
8/24/2026
- 6 -
8/24/2026 4:00:00 PM
services (if needed) for an Agreement total not to exceed $219,588 and forwarding to Council for approval. (Funding Source: Water Fund)
• Motion recommending an Agreement with West Yost, of Sacramento, CA, for the preparation of the Water System Engineer’s Report Update in the amount of $85,350, plus $8,535 in Additional Services, if needed, for an Agreement total amount not to exceed $93,885 and forwarding to Council for approval. • Motion recommending an Agreement with Bartle Wells Associates, of Berkeley, CA, for the preparation of the Water Rate and Fee Study in the amount of $199,625, plus $19,963 in Additional Services, if needed, for an Agreement total amount not to exceed $219,588 and forwarding to Council for approval.
• Motion recommending an Amendment to the Fiscal Year 2026-27 Multi-Year Program Budget in the amount of $363,473 to fund the Water System Engineer’s Report Update and Water Rate and Fee Study Project and forwarding to Council for approval.
UTILITIES; Jim Alves, 209-571-5557, [email protected]
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
- 6 -
8/24/2026
CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
August 24,2026
Date: July 30, 2026
TO: Finance Committee
David Wright. Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Fiscal Year 2025-2026 Unclaimed Funds to General Fund CONTACT: Vanessa Ferrel, Financial Analyst, [email protected] 209-571-5174
DESCRIPTION:
Consider a report on Fiscal Year 2025-2026 unclaimed funds of $46,085 that can be transferred to the General Fund and forwarding to Council for approval. (Funding Source:
General Fund)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2025-2026 Strategic Plan focus of Governance and Service Delivery under Goal H: Develop a Strategy for Long-Term Financial Sustainability.
BACKGROUND:
In accordance with the California Government Code Sections 50050-50053 and 50055, the City is authorized to claim unclaimed funds held in the City’s Trust Fund for more than three years and transfer them to the City’s General Fund. To facilitate this transfer, the City annually prepares a resolution to claim these funds. Unclaimed funds consist of various deposits, such as Utility Deposits, Business License Deposits, Capacity Fee, and Miscellaneous Refunds, as well as checks issued by the City that have not been deposited or cashed by the payee.
#1..
- 7 -
Finance Committee, August 24, 2026
Fiscal Year 2025-2026 Unclaimed Funds to General Fund
State law mandates that a list of all unclaimed funds of $15 or more, held in the City’s Trust Fund, be published in a newspaper of general circulation for two consecutive weeks.
DISCUSSION:
For the Fiscal Year 2025-2026, a total of $38,641 was advertised in the Modesto Bee in May 2026. This year, the City expanded its outreach by also posting the unclaimed funds on its website. These funds have remained in the City’s Trust Fund for three or more years and remained unclaimed after the required public notice. $479 in previously unclaimed funds was claimed and is excluded from the amount recommended for transfer to the General Fund.
In compliance with the state law regarding the $15 publication threshold, small amounts totaling $1208 were not advertised. This total includes voids and other unclaimed funds under $15. Additionally, a remaining balance of $6,715 is associated with unclaimed funds from the Modesto Police Department’s Property and Evidence. These funds were not included in the advertisement as the owner of the property could not be identified.
Funds Amount
Unclaimed Funds Advertised $38,641
Unclaimed Funds under $15 $1,208
Unclaimed Funds Property and Evidence $6,715
Amount claimed ($479)
Total Recommended for Transfer $46,085
FISCAL IMPACT:
The unclaimed funds transferred to the General Fund will increase the fund balance by $46,085. At this time the City will not be appropriating these funds for any specific use.
CEQA/NEPA REQUIREMENTS:
This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending a report on Fiscal Year 2025-2026 unclaimed funds of $46,085 that can be transferred to the General Fund and forwarding to Council for approval. #1..
- 8 -
Finance Committee, August 24, 2026
Fiscal Year 2025-2026 Unclaimed Funds to General Fund
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Modesto Bee Affidavit of Publication
#1..
- 9 -
THANK YOU for your legal submission!
Your legal has been submitted for publication. Below is a confirmation of your legal placement. You will also receive an email confirmation.
ORDER DETAILS
Order Number: IPL0332247
Order Status: Submitted
Classification: Legals & Public Notices
Package: MOD - Contract 2x
Site: modesto
Final Cost: $1,024.08
Referral Code: Unclaimed Trusts
Payment Type: Account Billed
User ID: IPL0019599
ACCOUNT INFORMATION
CITY OF MODESTO CITY CLERK IP
PO BOX 642
MODESTO, CA 95353-0642
209-577-5396
[email protected]
CITY OF MODESTO CITY CLERK
TRANSACTION REPORT
Date April 16, 2026 1:04:15 PM EDT
Amount: $1,024.08
SCHEDULE FOR AD NUMBER
IPL03322470
April 22, 2026
The Modesto Bee Print Publication
April 29, 2026
The Modesto Bee Print Publication
<< Click here to print a printer friendly version >>
PREVIEW FOR AD NUMBER
IPL03322470
4.9inches x 6.71inches
i-Publish AdPortal: 3.0.69
©2026 iPublish Media Solutions, LLC
Terms and Conditions ®
4/16/26, 1:06 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/modesto/home/confirmation.html?id=309170&returnto=# 1/1 #1..
- 10 -
CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
August 24,2026
Date: July 30, 2026
TO: Finance Committee
David Wright. Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: 2025-2026 Accounts Receivable Write-offs and Adjustments CONTACT: Vanessa Ferrel, Financial Analyst, [email protected] 209-571-5174
DESCRIPTION:
Consider the Fiscal Year 2025-26 Write-Off and Adjustments reports through fiscal yearend June 30, 2026, in the total amount of $448,861 and forwarding to Council for approval. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2025-2026 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Long-Term Financial Sustainability.
BACKGROUND:
The City’s Department of Finance maintains the billing system that records and tracks monies owed to the City. It is the City’s policy to actively pursue collection of past-due accounts and write-off amounts deemed to be uncollectible. The City employs different means of collecting monies owed including collection letters, phone calls, skip tracing, property liens, tax refund interceptions, third party collection agency referrals and any available legal remedies recommended by the City Attorney. An account is considered uncollectible after the above applicable collection procedures have been exhausted and/or the debt has been discharged through legal actions like bankruptcy or court judgement. Even when an account is written off, collection efforts continue until the four- #2..
- 11 -
Finance Committee, August 24, 2026
2025-2026 Accounts Receivable Write-offs and Adjustments
year statute of limitations for collection actions expires, as mandated by California Code of Civil Procedure Section 337.
Collection Method Limitations:
• Franchise Tax Board (FTB) Intercept Program: To use this program, the City must have the debtor's Social Security Number (SSN). Additionally, the state program does not allow the collection of delinquent utility fees through this process. Eligible debts include delinquent citations, vehicle parking penalties, court-ordered payments, and judgments.
• Third-Party Collection Agency: Our third-party collection agency, Professional Credit Services, works all account types we send them, using phone calls and letters. However, only utility accounts with balances exceeding $150 can be reported to a credit bureau. After the four-year statute of limitations expires, the collection agency cancels all accounts and returns them to the City as uncollectible.
• Department of Motor Vehicles (DMV) Collections Program: The City files an itemization of all unpaid parking penalties with DMV to attempt to collect delinquent citations with the registration of the vehicle pursuant to California Vehicle Code Section 4760.
• Property Liens: Any receivables with an active property lien are not included in the write-off reports.
DISCUSSION:
The Modesto Municipal Code section 2-3.406 requires that when a fee or charge in excess of twenty-five thousand dollars ($25,000) is incorrectly levied or found to be uncollectible, such accounts will be referred to the City Manager who will promptly report them to the City Council with his/her recommendation. Where a fee or charge of twentyfive thousand dollars ($25,000) or less is incorrectly levied or found to be uncollectible, the City’s Write-off of Uncollectible Accounts Receivable policy requires the following approval authority:
• The Director of Finance is authorized to approve the write-off accounts with an outstanding balance due of up to $5,000.
• The City Manager is authorized to approve the write-off of accounts with an outstanding balance in excess of $5,000 and up to $25,000. • Write-off accounts with an outstanding balance due in excess of $25,000 must be approved by action of the City Council.
In Fiscal Year (FY) 2018-19, the Finance Department established Administrative Directive AD7.18, the Accounts Receivable Adjustment Policy, to ensure that adjustments to #2..
- 12 -
Finance Committee, August 24, 2026
2025-2026 Accounts Receivable Write-offs and Adjustments
Accounts Receivable, Utility Billing, Parking Citations and Business License adjustments are included in the annual report. The City continues its efforts to streamline accounts receivable management. A key step in this process was an update to Administrative Directive 7.18, which occurred in early 2023. This update standardized the write-off timeline across all divisions, aligning with the four-year guideline established.
The City handles payment plans consistently across all divisions. The statute of limitations for a receivable begins on the date the payment plan is set up. If a debtor defaults on their payment plan, the statute of limitations continues from the original start date and does not reset. This ensures that all accounts are treated uniformly, and the four-year legal limit for collection actions is accurately followed.
For the FY 2025-26 accounts receivable write-offs, there are two accounts exceeding $5,000 for which all reasonable collection efforts have been exhausted.
The first account involves charges assessed to Tiffany Keesler totaling $8,400. These charges were incurred between 2012 and 2018 due to multiple code violations related to vicious animal behavior and other enforcement actions. The debt had previously been liened; however, during a recent review it was determined that the property had since transferred ownership and was no longer owned by Ms. Keesler, eliminating the remaining lien enforcement pathway. Because this balance falls between $5,000 and $25,000, the City Manager exercised his approval authority and has authorized this writeoff.
The second account involves Nofan Nayef Jamaleddin, with an outstanding balance of $70,680. This amount consists of administrative costs and civil penalties issued on May 23, 2022, for a Code Enforcement case at 709 McHenry Avenue. The City’s Attorneys Office explored both small claims and civil action; however, small claims would limit recovery to $6,500 and civil action is not feasible due to the debtor’s lack of assets. A lien cannot be applied because the debtor did not own the property at the time of violation.
The account was referred to Professional Credit in September 2024, and there has been no payment activity or movement since. Because this balance exceeds $25,000, it requires City Council approval to be written off.
The Director of Finance approved write-offs and adjustments with an outstanding balance of up to $5,000 in the amounts below. Adjustments may include a one-time courtesy of fees, penalties, or to address initial citations assessed in order to bring the customer account balance up to date.
Type of Write-off Amounts Adjustments Totals
Miscellaneous Receivables $90,849 $559 $91,408
Utilities Receivables $67,000 $8,687 $75,687
Parking Citations $152,289 $0 $152,289
Business License $6,857 $46,039 $52,896
Uncollectible Aged Liens $5,901 $0 $5,901
#2..
- 13 -
Finance Committee, August 24, 2026
2025-2026 Accounts Receivable Write-offs and Adjustments
Type of Write-off Amounts Adjustments Totals
TOTAL $322,896 $55,285 $378,181
Write-offs in excess of $25,000 will be forwarded to Council for approval for the following type of receivables:
Type of Write-off Amount
Miscellaneous Receivables $70,680
The write-off memos approved by the Director of Finance and City Manager are attached to this report.
The value of $448,861 that is being written-off accounts for less than 1% of receivables.
The amount due as of June 30, 2026, is $5,140,249 for Miscellaneous Receivables and $11,555,617 for Utilities Receivables.
FISCAL IMPACT:
The amounts to be written off of $448,861 will not impact recognized revenue for Fiscal Year 2025-26 due to an annual adjustment that is recorded on the City’s financial statements to record any allowance for uncollectible accounts.
CEQA/NEPA REQUIREMENTS:
This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending Fiscal Year 2025-2026 Write-Off and Adjustments reports through fiscal year end June 30, 2026, in the total of $448,861 and forwarding to Council for approval.
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Write-off Uncollectible account memos
#2..
- 14 -
Finance Department
Accounts Receivable
P.O. Box 3441
Modesto, California 95354
209.577.5330
[email protected]
DATE: February 09, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Vanessa Ferrel
Financial Analyst Accounts Receivable
RE: Write-Off Uncollectable Liens $5,000 and below
Please approve the following write-offs, each less than $5,000 and totaling $5,901.05. The attached is a list of aged liens associated with Miscellaneous Receivables. During a recent audit, we have determined that these specific liens pose significant challenges to collect, due to their age, potential changes in property ownership or lack of supporting documentation.
Approval:
DeAnna Christensen Date
Director of Finance
#2..
- 15 -
#2..
- 16 -
Finance Department
Accounts Receivable
P.O. Box 3441
Modesto, California 95354
209.577.5330
[email protected]
DATE: February 09, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Vanessa Ferrel
Financial Analyst Accounts Receivable
RE: Write-Off Uncollectable accounts $5,000 and below
DeAnna, I need your approval to do the necessary adjustments. All internal and external efforts to collect have been exhausted and the accounts are deemed uncollectible. Attached you will find the list of accounts that need to be written off in Accounts Receivable.
CHARGES TOTALS
CAO/COST RECOVERY $ 633.75
FINANCE FEES $ 2,682.00
FIRE - INSPECTIONS $ 129.00
FIRE - REIMBURSEMENT $ 1,489.68
PAST DUE UUT (PG&E) $ 2,774.68
PD - ANIMAL CITATION $ 2,600.00
PD - SHELTER RECOVERY $ 4,100.00
RISK-ELECTRICAL DAMAGE $ 3,279.20
SW COMPLIANCE ORDER $ 1,200.00
Grand Total $ 18,888.31
Approval:
DeAnna Christensen Date
Director of Finance
#2..
- 17 -
#2..
- 18 -
Finance Department
Accounts Receivable
P.O. Box 3441
Modesto, California 95354
209.577.5330
[email protected]
DATE: February 05, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Vanessa Ferrel
Financial Analyst - Accounts Receivable
RE: Write-Off UUT accounts less than $50
DeAnna, please provide approval for the adjustments below.
Each month, as part of the reporting requirements, Pacific Gas & Electric (PG&E) sends a secured email that has a report that includes Utility Users Tax (UUT) Adjustments to the City of Modesto. PG&E is notifying the City that the amount submitted for UUT to the City is being reduced due to these accounts being considered uncollectible. The accounts listed as uncollectible are six months old and the amount due the City will not remitted to an outside collection agency by PG&E in behalf of the City. This list includes the customer name, service address, and amount of the bad debt.
For amounts listed that are over $50.00, the City will begin to pursue collection of the outstanding UUT. For amounts listed on this report that are under the $50.00 threshold, these accounts will be included in the Accounts Receivable write-off process.
Please approve the following write-offs. The backup documentation is attached.
Adjustments: January 2025 $ 1,641.25
Adjustments: February 2025 $ 1,367.20
Adjustments: March 2025 $ 1,515.72
Adjustments: April 2025 $ 1,537.46
Adjustments: May 2025 $ 1,319.63
Adjustments: June 2025 $ 1,777.06
Total $ 9,158.32
Approval:
DeAnna Christensen Date
Director of Finance
#2..
- 19 -
DATE: December 16, 2025
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable these accounts have been submitted to the City’s outside collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Utility Billing Division is requesting to write the debt off.
Attached, you will find the list of accounts that need to be written off in Utility Billing.
Type of account * # of accounts Amount for WO
Uncollectibles 1 $ 1,335.68
Total 1 $ 1,335.68
*Accounts with a transaction date prior to 12/31/2021
** Real Estate Agents & Property Management Companies
_____________________________________________________________________________ DeAnna Christensen Date
Director of Finance
FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
12/24/25
#2..
- 20 -
DATE: January 28, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable these accounts have been submitted to the City’s outside collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Citation Processing Division is requesting to write the debt off.
Attached you will find the list of parking citations deemed uncollectible in accordance with the City’s *Write Off of Uncollectible Accounts Receivable Policy. Type of account # of accounts Amount for Write Off Parking Citations FY 19/20 15 $4,124.00
Parking Citations FY 20/21 93 $19,015.00
Total Write Off
108 $23,139.00
*Clean-Up of Uncollectible Citations for FY 19/20 and 20/21 _____________________________________________________________________________ DeAnna Christensen Date Director of Finance
FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
#2..
- 21 -
DATE: April 16, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable
collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Utility Billing Division is requesting to write the debt off.
Attached, you will find the list of accounts that need to be written off in Utility Billing. *Accounts with a termination date through 02/28/2022
_____________________________________________________________________________ DeAnna Christensen Date Director of Finance
FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
#2..
- 22 -
DATE: July 14, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable
collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Citation Processing Division is requesting to write the debt off.
Type of account # of accounts Amount for Write Off
Parking Citations FY 21/22 764 $129,149.87
Total Write Off
764 $129,149.87
_____________________________________________________________________________ DeAnna Christensen Date Director of Finance
FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
#2..
- 23 -
#2..
- 24 -
DATE: July 24, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Gina Brown
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
P.O. Box 3442
Modesto, California 95353
209.577.5381
Modestogov.com
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery, and where applicable, accounts are normally submitted to the City’s outside collection agency. In this case, the outstanding amounts received only internal collection efforts. Balance due notices were sent to both businesses, and upon receiving these notices, each business-initiated discussions with the City regarding surrendering their permits. These communications confirmed their intent to discontinue operations and the financial hardship associated with paying the fixed annual fee.
Based on the inability to collect, the Business License Division is requesting to write the debt off.
Attached, you will find the list of accounts that need to be written off in Business License Billing System.
Type of account * # of accounts Amount for WO
Uncollectibles 2 $ 6.857.02
Total 1 $ 6,857.02
(2) Cannabis Equity Businesses - Permit Fee’s _____________________________________________________________________________ DeAnna Christensen Date Director of Finance _____________________________________________________________________________ Joseph P. Lopez Date
City Manager
#2..
- 25 -
#2..
- 26 -
CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
August 24, 2026
Date: July 2, 2026
TO: Finance Committee:
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: First Amendment for Jackets, Hoodies, and Beanies CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5174
DESCRIPTION:
Consider a First Amendment to Agreement with Brewer & Associates LLC, Lexington, Kentucky, for the purchase of Jackets, Hoodies, and Beanies increasing the Agreement amount by $54,350 through the duration of the Agreement and forwarding to Council for approval. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2025-2026 City of Modesto Strategic Plan Area:
Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J “build a high-performance organization”.
BACKGROUND:
The Finance Department, Central Stores Division provides the annual procurement of jackets, hoodies, and beanies for Citywide use.
Competitively bidding and inventorying these products benefits the City in ways including the following:
#3..
- 27 -
Finance Committee, August 24, 2026
First Amendment for Jackets, Hoodies, and Beanies
• Obtaining best pricing through economies of scale
• Products readily available in one location
• Staff time reduction in processing one-time bids throughout the year DISCUSSION:
On August 29, 2025, the Purchasing Division issued Informal Invitation for Bid # INF-IFB00038 solicited the purchase of Jackets, Hoodies, and Beanies on the City’s OpenGov public bidding website under various commodity codes1. Prospective bidders were notified online which included 917 vendors and eight (8) local vendors and via email of the bid opportunity. 73 companies downloaded the INF IFB document from OpenGov and eight (8) were local vendors.
On September 15, 2025, bids were opened. Eleven (11) chose to respond, there was one (1) local bid received. Based on providing the lowest responsive and responsible bid, City Staff recommended to award the purchase of Jackets, Hoodies, and beanies to Brewer & Associates, LLC, Lexington, KY for a one-year agreement with one (1) one-year extension option, for a estimated annual amount of 50,000 and a total not to exceed $100,000 over two (2) years.
On October 1, 2025, the Purchasing Division awarded Brewer & Associates, LLC.
Lexington, Kentucky a purchasing agreement for Jackets, Hoodies, and Beanies for a one-year with one (1) one-year extension option for an estimated annual amount of $50,000 and a total amount not to exceed $100,000 over two (2) years.
During the initial year of the agreement, Central Stores processed Citywide purchase orders in the amount of $48,948. Central Stores anticipates the current spend and spend for the duration of the agreement to exceed the estimated annual amount of $50,000 and a total not to exceed $100,000 over two (2) years. Staff projects increases are due to Citywide staff changes, and the cost of goods increases due to Consumer Product Index (CPI). To ensure continued operations, staff is requesting an additional $54,350 in funds, for an estimated annual amount of $77,175 and a total not to exceed $154,350 over two (2) years.
Modesto Municipal Code Section 8.3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid.
However, exceptions to the formal bidding process are granted in MMC 8-3.204 (f) “Where the Purchasing Manager, in her discretion determines that it is appropriate to 1 20000 Clothing: Athletic, Casual, Dress, Uniform, Weather, and Work Related 20016: Coats, Jackets, Parkas, Vests (Cold Weather)
20031 Hazardous Environment Clothing
20074 Silk Screened Shirts, Jackets, Hats, etc.
20091 Work Clothes, Arc Rated for Electrical Work
20092 Work Clothes
34579 Reflective Safety Apparel and Accessories
96278 Sewing, Embroidery, Embossing, and Alteration Services #3..
- 28 -
Finance Committee, August 24, 2026
First Amendment for Jackets, Hoodies, and Beanies
amend the services or goods provided under an existing agreement to include additional similar services or goods, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” This Amendment is essential to ensure we continue to provide field staff with safety gear during the cold weather months.
FISCAL IMPACT:
Expenditure over the past year for the purchase of jackets, hoodies, and beanies under the current agreement is listed below:
Agreement Year Total
Year 1 (YTD) $48,948
Grand Total $48,948
The table below shows the Proposed Amendment expenditure, with the first year fixed and a 5.8% increase in year two (2).
Summary Change Year 1 Year 2 Total
Original Amount $50,000 $50,000 $100,000
Proposed First Amendment $25,000 $29,350 $54,350
Revised Amount $75,000 $79,350 $154,350
The overall agreement total was calculated by forecasting Consumer Price Index (CPI) percentage increases based on an average of the CPI index over the last twelve (12) months. City staff project annual increases based on this estimated forecast. Annual increases will be calculated using the current CPI index at the time of the requested increase
CEQA/NEPA REQUIREMENTS:
This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending a First Amendment to the Agreement with Brewer & Associates, LLC, Lexington, KY for the purchase of jackets, hoodies, and beanies, increasing the Agreement amount by $54,350, to a new estimated annual amount of $77,175, a new total amount not to exceed $154,350 through the term of the Agreement; and forwarding to Council for approval.
#3..
- 29 -
Finance Committee, August 24, 2026
First Amendment for Jackets, Hoodies, and Beanies
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. First Amendment
2. CA Levine Act
#3..
- 30 -
FIRST AMENDMENT TO PURCHASE AGREEMENT
WITH BREWER & ASSOCIATES LLC FOR JACKETS, HOODIES, AND BEANIES This FIRST AMENDMENT to the Purchase Agreement (“FIRST AMENDMENT”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and BREWER & ASSOCIATES LLC, a Kentucky limited liability company (hereinafter “VENDOR”) as of the ________ day of ___________ 2026.
RECITALS
This FIRST AMENDMENT to the Purchase Agreement for JACKETS, HOODIES, AND BEANIES is made with reference to the following recitals:
A Purchase Agreement NO. 311623, hereinafter referred to as AGREEMENT was entered into by and between CITY and VENDOR on the 1st day of October 2025 to provide JACKETS, HOODIES, AND BEANIES.
CITY and VENDOR desire to amend the AGREEMENT by increasing the previously approved estimated annual amount from $50,000 to $77,175 and a total amount not to exceed from $100,000 to $154,350.
CITY and VENDOR now desire to memorialize the change to the terms of the Purchase Agreement with this FIRST AMENDMENT.
NOW, THEREFORE, the parties hereto mutually agree to the following:
1. PRICING, Section 2, Paragraph A, of the AGREEMENT shall be deleted and replaced in its entirety with the following:
The annual estimated amount of the AGREEMENT is $77,175. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $154,350.
2. Except as modified and amended by this FIRST AMENDMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this FIRST AMENDMENT by its Director of Finance under Resolution No. ________________ adopted by the City Council of the CITY OF MODESTO on the _______________ day of _______________ 2026 and BREWER & ASSOCIATES LLC has caused this FIRST AMENDMENT to be duly executed as of the Effective Date.
#3..
- 31 -
California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.
Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:
1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
#3..
- 32 -
Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.
HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
#3..
- 33 -
CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
August 24, 2026
Date: August 3, 2026
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Chad Reed, Public Works Director
SUBJECT: Upgrade existing AssetWorks to a cloud-based solution CONTACT: Patrick Crowley, Senior Public Works Manager,
[email protected], 209-342-2274
DESCRIPTION:
Consider an Agreement to upgrade the existing AssetWorks fleet management software to the cloud-based solution, to AssetWorks, Inc., Berwyn, PA for a total amount not to exceed $731,837 over five (5) years and forwarding to Council for approval. (Funding Source: Fleet Management Fund)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2025-2026 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Long-Term Financial Sustainability, Strategy No. 1: Develop a strategy for long-term financial sustainability.
BACKGROUND:
The Fleet Services Division of the Public Works Department operates and maintains a fleet of 1,693 active vehicles and equipment. This equipment is used by all City departments in their daily operations providing essential services to the citizens of Modesto.
The City and Assetworks entered into an agreement approximately 20 years ago and installed the original hardware and software. The current system is self-hosted; the server and management are currently performed by City staff. Due to the age of the system, the hardware no longer supports current upgrades due, in part, to storage limitations, and the #4..
- 34 -
Finance Committee, August 24, 2026
Upgrade existing AssetWorks to a cloud-based solution
installed version of software does not have the capacity to meet customer expectations or fleet management needs. Previous agreements were within the City Manager approval limits as the hardware was owned and managed by the City.
DISCUSSION:
Modern fleet asset management is critical to properly manage the City owned and contract maintenance agreements for vehicle service and repairs, as well as the life cycle of vehicle and equipment from purchasing through disposition. The transition to a cloudbased solution will address aging infrastructure and hardware that no longer supports current software upgrades due, in part, to storage limitations.
Additionally, the software will be cloud based reducing the burden on City IT staff and Public Works Fleet Services’ budget for maintaining servers and software updates/upgrades. The cloud-based solution will improve management controls, reporting, customer service, and provide a dashboard for customer access to place work requests and understand repair status of equipment.
On August 5, 2026, the City Manager authorized the Purchasing Manager to solicit the procurement for Fleet Management Software Cloud-based. On November 7, 2025, Equalis Group issued Request for Proposal (RFP) # COG-2173 for Fleet Related Technology and Software Solutions and advertised through the Equalis Procurement Portal and Billings Gazette, EG-08 Daily, LocaliQ, The Salt Lake Tribune McClatchy, Virginia Media, Las Vegas Review-Journal, MCA & USA Today. On December 19, 2025, proposals were opened at Bonfire Online Procurement Platform. Thirteen (13) proposals were received and zero (0) were local vendors or within Stanislaus County and based on the criteria outlined in the RFP, four (4) contracts were awarded for this commodity which includes Fleet Related Technology and Software Solutions. Based on the responsive and responsible proposer. City staff recommends to award to AssetWorks, Inc., Berwyn, PA, to purchase Fleet Related Technology and Software Solutions for a two (2) year agreement with three (3) one-year extension options, for a total year one (1) cost of $170,818 and an amount not to exceed $731,837 over five (5) years.
Equalis Group is a cooperative agency which streamlines the procurement process by developing Invitation for Bids (IFBs) or Request for Proposals (RFPs) for national competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows Equalis Group to offer exceptional products from nationally acclaimed vendors.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to be formally bid.
However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-
3.202(h) encourages the Purchasing Manager to join with the State of California or other #4..
- 35 -
Finance Committee, August 24, 2026
Upgrade existing AssetWorks to a cloud-based solution
units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.
FISCAL IMPACT:
Currently Assetworks is funded by professional services in the Fleet Services Division and the costs will be absorbed within the Fleet Operating Fund, 5400-53255-53300. The cost incurred will be recovered through the Fleet Internal Service Fund (ISF) budget.
Below is a summary of the estimated five (5) year spending for the fleet management software system. The overall agreement total was calculated by forecasting Consumer Price Index (CPI) percentage increases based on an average of the CPI index over the last twelve (12) months. City staff project annual increases based on this estimated forecast. Annual increases will be calculated using the current CPI index at the time of the requested increase.
Annual Amount Additional Funds Totals
Year 1 $170,818 $0 $170,818
Year 2 $121,278 $7,156 $128,434
Year 3 $128,434 $7,578 $136,012
Year 4 $136,012 $8,025 $144,037
Year 5 $144,037 $8,499 $152,536
Total 5-Year
Agreement
$731,837
CEQA/NEPA REQUIREMENTS:
This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Agreement with AssetWorks, Inc., Berwyn, PA for the cloudbased solution fleet management software for a two (2) year agreement with three (3) one-year extension options, for a total year one (1) cost of $170,818 and a total amount not to exceed $731,837 over a five-year period and forwarding to Council for approval.
Approved by:
Chad Reed, Public Works Director
Joseph P. Lopez, City Manager
Attachments:
1. Agreement
2. OEM Sole Source
#4..
- 36 -
Finance Committee, August 24, 2026
Upgrade existing AssetWorks to a cloud-based solution
3. Proposal Scoring Summary
4. CA Levine Act
5. Financial Interest Disclosure (FID)
#4..
- 37 -
ASSETWORKS CONFIDENTIAL Page 1 of 21
This Master Subscription Agreement (“Agreement”) is deemed effective upon the earlier of _____________________________, 2026, or the below date of countersignature (“Effective Date”) between the AssetWorks Contracting Party (“AssetWorks”) and _________________________________ and/or its authorized intermediary (“Customer”) identified on the order form and/or statement of work (collectively “Order”).
0 SCOPE & TERM.
0.1 This Agreement shall continue for five (5) years from the Effective Date and annually thereafter upon mutual agreement (“Term”) and shall apply to all Orders executed between AssetWorks and Customer (collectively “Parties”) during the Term. Capitalized terms are defined at the end of this Agreement.
0.2 In the event of any conflict or inconsistency among the documents governing the Services, the following order of precedence shall apply, but only to the extent of such conflict:
0.2.1 any written amendment to this Agreement that is signed by authorized representatives of both Parties and expressly states that it amends this Agreement.
0.2.2 this Agreement.
0.2.3 the applicable Order, Order Form, Statement of Work, or Change Order, but solely with respect to the specific products, services, quantities, fees, subscription term, delivery schedule, project scope, milestones, assumptions, and other business terms expressly set forth therein; and
0.2.4 any exhibits, schedules, documentation, or other attachments incorporated by reference.
No Order, Statement of Work, Change Order, purchase order, invoice portal term, online term, RFP response, customer policy, or other customer-supplied document shall amend, supersede, or modify this Agreement unless it expressly identifies the specific section of this Agreement being amended and is signed by AssetWorks’ authorized legal or contracting representative. Any legal terms contained in an Order, Statement of Work, Change Order, purchase order, or other customer-supplied document are rejected and shall have no force or effect unless agreed in accordance with the amendment requirements of this Agreement.
0.3 Customer agrees to pay the fees and AssetWorks agrees to supply the items as detailed on the Order subject to the terms and conditions of this Agreement (as applicable) to the exclusion of any additional or conflicting terms of acceptance.
0.4 No terms or conditions endorsed upon, delivered with, or contained in the Customer's acknowledgement or acceptance of this Agreement or any related Order shall form part of this Agreement. Customer hereby waives and agrees to waive any right to rely on such terms and conditions.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by authorized representatives as of the Effective Date:
ASSETWORKS INC. CUSTOMER
By By
Name Name
Title Title
Date Date
Address 1001 Old Cassatt Road, Ste. 204 Address
Berwyn, PA 19312
CC 1: CC 1:
CC 2: [email protected] CC 2:
#4..
- 38 -
ASSETWORKS CONFIDENTIAL Page 2 of 21
1 SAAS SUBSCRIPTION
1.1 Software-as-a-Service Subscription. If the Order includes SaaS, recurring service, or similar identifier then subject to the terms and conditions of this Agreement including the payment of fees, AssetWorks will provide Customer with subscription-based access to the software/service as detailed on the Order and Documentation during the prepaid Term through an access-restricted website or designated IP address hosted via a third-party data center (“SaaS” or “Service”) for Customer’s internal business purposes provided Customer complies with the applicable limitations on use set forth in Section 3 (Ownership; Restrictions; Utilization Limitations).
1.1.1 Support & Hosting. SaaS subscriptions include standard support and hosting services pursuant to Section 4 (Maintenance & Support) and Section 5 (Hosting Services), respectively.
1.1.2 Delivery N/A. Customer agrees that orders for SaaS are services agreements due upon the Effective Date for which delivery and acceptance is inapplicable and that no copies of the Software nor license thereto will be delivered nor granted to Customer. 2 SOFTWARE LICENSE
2.1 Restated Software License. If the Order includes license to Software, then subject to the terms and conditions of this Agreement including the payment of fees, AssetWorks grants to Customer a non-exclusive, non-transferable, non-sublicensable, perpetual license to use the Software as detailed on the Order and Documentation up to the number of units or in the amount, quantity, and/or tier or as otherwise specified on the Order (e.g. Active Equipment Unit, Concurrent License, Enterprise License) for Customer’s internal business purposes provided Customer complies with the applicable restrictions set forth in Section 3 (Ownership; Restrictions; Utilization Limitations). Customer’s license is for (1) copy or image of the Software within one (1) business entity for production purposes on approved database and application servers (“Customer Environment”). Customer shall not copy nor use the Software for any other purpose except: (a) for archival purposes; (b) in connection with a disaster recovery program; or (c) for testing operation of the Software outside of a live production environment. 3 OWNERSHIP; RESTRICTIONS; UTILIZATION LIMITATIONS;
3.1 Restrictions; Limitations. To the extent permitted by law and unless Parties agree otherwise, Section 1 (SaaS Subscription) and Section 2 (Software License) are conditioned on the following limitations and restrictions. Customer shall not (indirectly or directly) attempt, permit, nor encourage any third party to: (a) copy, modify, enhance, translate, change data structures, create derivative works from, distribute, publicly display or perform, sublicense, transfer, sell, rent, lease, or assign the Software or Documentation or otherwise encumber the Service; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive or modify the software or Source Code, underlying data structure, ideas, know-how, algorithms, or other trade secrets relevant to the Service; (c) engage in any activities that interfere or disrupt any computer, software, network, or other device used to provide the Service or otherwise impacting the Service or data contained therein; (d) gain unauthorized access; (e) remove any proprietary notices, labels, or markings from the Software or Documentation; (f) use the Software or Service by more than one (1) business entity or department, in processing work for third parties, or for any purpose other than its internal business purposes, which does not include use by any parent, subsidiary, or affiliate of Customer nor any third party other than Customer’s Users; (g) use the Service in a manner that violates laws or rights of others such as by inputting Excluded Data into the Service; (h) use the Software or Service as part of a fail-safe design for dangerous or emergency applications or as part of control measures required for hazardous materials, life support systems, munitions, or weapons; (i) perform benchmark, availability/uptime, performance, or pen tests without prior consent; (j) use the Software or Service to compete with AssetWorks; (k) engage in web- or data scraping on or related to the Service, including without limitation collection of information through unapproved third-party vendor, bot, web crawler, or any software that simulates human activity; and (l) use the Service and/or Software in excess of the licensed quantity or tier (e.g. Active Equipment Unit, Concurrent License, Enterprise License, etc.).
3.2 Ownership. Customer will not obtain any ownership rights, title, or interest to the Software or Services nor to any improvements, enhancements, derivatives, or modifications thereto. Any software, systems, methods, inventions, technology, and any intellectual property rights (“IPR”) developed or otherwise arising during this Agreement shall remain exclusively owned by AssetWorks and/or its licensors. Notwithstanding anything to the contrary, AssetWorks shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data), and AssetWorks will be free (during and after the term hereof) to: (a) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other AssetWorks offerings, and (b) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
3.3 Software Audit. AssetWorks reserves the right to periodically audit asset types, population base, or other agreed license metric to ensure accurate billing and contractual compliance. Customer agrees to cooperate and provide reasonable access to relevant records, data, and premises. If the audit identifies unauthorized use outside of the contracted department as per the Agreement and Documentation, AssetWorks shall invoice and Customer agrees to pay the fees that would have applied to authorized use, for #4..
- 39 -
ASSETWORKS CONFIDENTIAL Page 3 of 21
the period beginning at the start of the term during which unauthorized use occurred, as well as interest permitted by law. Customer shall reimburse AssetWorks for the reasonable cost of the audit (or of the next audit in case of discovery without an audit) in addition to such other rights and remedies as AssetWorks may have. 4 MAINTENANCE & SUPPORT
4.1 Annual Support Subscription (i.e. Maintenance-as-a-Product). Subject to the terms and conditions of this Agreement, AssetWorks will provide the latest updates, modifications, and enhancements (including correction of errors) which relate to the operation and performance of the Software or SaaS (hereinafter referred to collectively as the “Service(s)”) as they are developed and made generally available in accordance with the maintenance and support schedule published by AssetWorks (collectively “Maintenance” or “Support”). Subscriptions to Maintenance include:
4.1.1 Technical Assistance. AssetWorks will make available technically qualified personnel to respond to all reasonable support requests made by Customer during normal business hours published by AssetWorks Customer Care (excluding legal holidays).
4.1.2 Technical Literature. AssetWorks will make available all technical literature (i.e. Documentation) in electronic format that is relevant to the operation of the Service within the scope of Customer’s operations.
4.1.3 Correction of Deviations. AssetWorks will take reasonably necessary steps to correct errors and/or malfunctions (“Deviation(s)”) without undue delay that, in the mutual and reasonable opinion of the Parties, constitute a serious impediment to the normal intended use of the Service as set forth in the Documentation. Corrections to Deviations which do not rise to this level will be distributed to Customer in accordance with AssetWorks’ normal maintenance schedule.
4.1.4 Software Revisions & New Versions. The Software may be revised by AssetWorks to correct Deviations and/or for upgrades, enhancements, improvements, or modifications designed to improve performance and/or increase capabilities of the Software.
Revisions may be mandatory or optional and are included at no cost with annual subscription to Maintenance. New products or versions may also be added to the Software from time to time by AssetWorks. Compared to revisions, new products substantially improve the performance, functionality, and capability of the Software. AssetWorks has sole discretion to determine which revisions are mandatory and which updates shall be issued as new products for additional fee.
4.2 Maintenance Exclusions. Unless the Order provides otherwise, subscriptions to Maintenance do not include: (a) custom programming, consulting, configuration services, migration or upgrade support; (b) on-site support or installation, travel, hotel, and per-diem expenses related thereto; (c) support of any software other than the Software accessed as part of the Service; (d) training; (e) support for third-party integrations; (f) support of Customer’s computer equipment, servers, printers, or problems which arise therefrom; (g) remediation of issues resulting from: Customer’s misuse of the Software or data files in contravention of the Documentation, failure to implement a mandatory revision or update the Software to a current or supported version when recommended, failure to obtain or decision to otherwise previously forgo Maintenance; (h) diagnostic assistance for issues unrelated to a Deviation; and (i) any Professional Services which AssetWorks ordinarily performs pursuant to SOW.
4.3 Additional Software Maintenance Fee. Customer agrees that Maintenance fees shall automatically increase in an amount equal to twenty-five percent (25%) of the non-discounted, then-current Software fee for additional licenses supplied during the Term.
AssetWorks shall invoice and Customer agrees to pay additional maintenance for Software licenses upon the Order Effective Date.
Customer agrees to pay additional maintenance for the cost of any software, reports, or notification requiring specific configuration or implementation upon delivery pursuant to the Order. For SaaS, additional maintenance will be added to the annual SaaS fee or added into the per-unit SaaS fee requiring specific configuration or implementation.
4.4 Maintenance Re-enrollment Fee. In the event Customer subscribes to Maintenance any time after the Effective Date or otherwise fails to pay for Maintenance in advance of the annual term, then in addition to the annual subscription fee due in advance for the next year, Customer also agrees to pay a late-subscription fee (which Customer hereby agrees is fair and reasonable) along with back-maintenance in a total amount equal to One Hundred and Ten Percent (110%) of the Maintenance fees otherwise payable.
4.5 Mandatory Revisions; Termination. AssetWorks reserves the right to terminate Maintenance if Customer does not implement a mandatory revision within sixty (60) days’ notice or such longer period as AssetWorks may provide.
4.6 Other Fees & Expenses. If on-site Maintenance is required, Customer agrees to pay reasonable travel, hotel, and per-diem expenses which shall be invoiced and paid as incurred.
5 HOSTING SERVICES.
5.1 Scope of Services. AssetWorks provides hosting services via a third-party data center (“Hosted Environment”) inclusive with subscriptions to SaaS and to support installation and upgrade management of Software licensed by Customer (“Hosting Services”).
If the Order includes Hosting Services or SaaS, then the Service for purpose of the Agreement includes the following:
5.1.1 Application. Application refers to AssetWorks’ proprietary software and third-party software if specified on the Order.
5.1.2 Support Software. Support Software includes the operating system, utilities, database software, and all necessary licenses required to operate the Application as detailed in the Documentation. #4..
- 40 -
ASSETWORKS CONFIDENTIAL Page 4 of 21
5.1.3 Hosted Environment Hardware. Server infrastructure using redundant web and database servers is deployed within the Hosted Environment. If required, Customer will provide the telecommunications equipment, communications line, and services for connecting Customer’s site to the Hosted Environment.
5.1.4 Database Instances. AssetWorks will maintain a single production database instance to provide daily, real-time transaction data to Users and will populate a test database (if applicable) with Customer’s production data up to four (4) times in any twelve (12) month period at no additional cost. If applicable, updates or patches are first introduced to the test environment and Customer is responsible to test and report errors within ten (10) days otherwise the new release or patch will then be scheduled for the update to the production environment. AssetWorks may use the test environment to troubleshoot or configure and test new functionalities or reports. A Reporting Database may be provided for an additional fee on a 24-hour refresh.
5.1.5 Custom Reports. For an additional fee, AssetWorks will certify a Customer-built report for scheduling execution from within the Application directly against the production database, certifying that the report performs within appropriate performance guidelines and does not cause unacceptable response time issues. Once certified, AssetWorks will install the report into Customer’s production environment to make it available for execution submission from within the Application.
5.1.6 Backups. Hosted Environment database and incremental file backups are performed daily with local retention at fifteen (15) to thirty (30) days, local workloads enabled with cloud tiering to Microsoft Azure Blob storage for archive data from thirty-one (31) to ninety (90) days; target recovery time objective (RTO) is forty-eight (48) hours or maximum of four (4) business days; Recovery Point Objective (RPO) is one (1) hour. Premium Hosting Subscriptions in good standing shall have RTO of four (4) hours and RPO of within last minute.
5.1.7 Hours of Service Operation. Application will be accessible and available to Customer and capable of normal operating functions twenty-four (24) hours-per-day, seven (7) days-per-week, except for periods of scheduled maintenance and AssetWorks’ approved outages with prior customer notification. AssetWorks will not be held responsible for inaccessibility arising from communications problems occurring beyond AssetWorks’ external network interface nor will those hours of inaccessibility count as unavailable.
5.1.8 Hosted Environment Maintenance. AssetWorks will complete routine maintenance, including application upgrades, on the Hosted Environment according to the published schedule. Upgrade/patch notifications are normally sent two (2) business days in advance and generally occur during off-hours. All routine, additional, and emergency maintenance will be considered a period of scheduled maintenance. AssetWorks will endeavor to provide at least thirty (30) days’ notice to any changes in the schedule. If additional non-emergency maintenance outside of the scheduled maintenance window is required, AssetWorks will notify Customer in writing and Parties will mutually agree on the downtime.
5.1.9 Scheduled Hosted Environment Upgrades. Customer acknowledges and agrees that the Hosted Environment is subject to regularly scheduled product upgrades. AssetWorks will perform system upgrades up to four (4) times per calendar year (“Scheduled Upgrades”). These Scheduled Upgrades are mandatory and are applied to ensure the security, stability, and continued support of the Hosted Environment. Customer shall be provided with reasonable advance notice of each Scheduled Upgrade, including the anticipated timing and any expected service impacts. Customer is responsible for ensuring compatibility of any Customer performed integrations or configurations with the upgraded version. AssetWorks shall not be liable for issues arising from unsupported or incompatible Customer performed integrations or configurations. During a Scheduled Upgrade, temporary, limited-service interruptions may occur. AssetWorks will use commercially reasonable efforts to minimize downtime and complete each upgrade within the communicated maintenance window.
5.1.10 Data Classification. The Hosted Environment maintains SSAE-16 SOC 2 certification/ISO27001 compliance as a facility housing CUI (Controlled Unclassified Information) data based on the DOJ assessment using NIST 800-53 guidelines for FISMA (Federal Information Standards Management Agency) standards. (SC Information Service = [(confidentiality, MODERATE), (integrity, LOW), (availability, LOW)].
5.2 Customer Responsibilities. The Service specifically excludes the following items which Customer agrees to be responsible for:
5.2.1 Maintenance Exclusions. All items listed within section 4.2 (Maintenance Exclusions) including (but is not limited to) remediation of issues which do not constitute a Deviation. AssetWorks shall have no obligation but may attempt to correct such situations at Customer’s expense.
5.2.2 Proper Use. Ensuring the Service is used in accordance with this Agreement and in a manner that does not violate nor threaten to violate applicable laws or rights of others (such as by inputting Excluded Data into the Service) and promptly notifying AssetWorks upon discovery of misuse or suspected misuse by Customer, its Users, or any third party.
5.2.3 Unauthorized Access. Customer shall take reasonable steps to prevent unauthorized access to the Service such as by protecting passwords and securely managing log-in credential. Customer shall notify AssetWorks immediately of any suspected unauthorized use of the Service or breach of its security and shall use best efforts to stop said breach.
5.2.4 Key Personnel. Assigning primary and alternate Customer-designated key personnel to coordinate all communications and activities related to the Services on a regular basis.
5.2.5 Customer Resources. Customer will: (i) provide, maintain, and make available to AssetWorks, at Customer’s expense and in a timely manner, the resources, personnel, and documentation described in the Order and reasonably requested by AssetWorks; (ii) designate qualified representatives with project management responsibilities and/or decision-making authority to regularly consult with AssetWorks; (iii) assign primary and alternate Customer key personnel to coordinate all communications; and (iv) #4..
- 41 -
ASSETWORKS CONFIDENTIAL Page 5 of 21
meet all Order assumptions (e.g. site readiness) and be responsible for any delays or additional fees should any Order assumptions not be met.
5.2.6 Customer Credentials & Application-level Security. Providing up-to-date User identification data, determining the appropriate security profile for each User, keeping all User identifications and passwords secure (“Customer Credentials”), and promptly notifying AssetWorks upon suspicion that Customer Credentials were compromised. Customer is solely responsible for applicationlevel security and for secure management of Customer Credentials.
5.2.7 Customer’s Site. Installation, operation, and maintenance of all workstation software, existing data communications and configurations, LAN, hardware, or other application software required at Customer’s site. Customer will provide access to its site and obtain any license or approvals necessary for any on-premises performance.
5.2.8 Customer’s Environment. Ensuring Software deployed to the Customer Environment (if applicable) complies with the Documentation and does not exceed the licensed quantity, tier, or other Order restriction.
5.2.9 Testing updates, fixes, and upgrades. Testing updates or patches and reporting any errors within ten (10) days of their introduction to the test environment or otherwise during the mutually agreed testing period.
5.2.10 Diligent Troubleshooting. Customer must perform analysis of suspected problems to determine their specific nature and possible causes before calling AssetWorks for assistance. Notwithstanding this diligence requirement, Customer is responsible for informing AssetWorks of any problems encountered in a timely manner.
5.3 Service Level Objectives.
5.3.1 Availability. For Premium Hosting Subscriptions in good standing, AssetWorks will use commercially reasonable efforts to provide Service Level Objectives (SLO) of 99.9% uptime. Otherwise, AssetWorks will use commercially reasonable efforts to provide Services with an average of 99% Availability for each quarter during the Term. For purposes of the Agreement, “Availability” during any quarter refers to Customer’s Users’ ability (i.e. documented inability) to log into the production environment during such quarter calculated as follows:
5.3.2 Service Credit. In the unlikely event Availability is less than ninety-nine percent (99%) during any two (2) consecutive quarters, Customer will receive a service credit (i.e. fee adjustment) of five percent (5%) of the applicable Service fees paid, subject to Customer delivering written notice (detailing the alleged unavailability, time/duration, location/users impacted (if applicable), and description of resolution attempts) within fifteen (15) days of the relevant quarter’s end in writing to AssetWorks’ office address and subject to Customer’s compliance with the terms of this Agreement. Upon receipt of such notice, AssetWorks shall have thirty (30) days to investigate the contention and, if it is determined that AssetWorks did in fact fail to meet the applicable Availability level, Customer will receive the appropriate service credit to its account during the next invoice cycle. THE SERVICE CREDIT SET FORTH ABOVE SHALL BE CUSTOMER’S SOLE REMEDY AND ASSETWORKS’ ENTIRE LIABILITY IN THE EVENT OF A BREACH OF THESE SERVICE LEVEL OBJECTIVES.
5.4 Performance Reports. Unless the Order or applicable law requires otherwise, AssetWorks will provide standard performance reports and availability metrics to Customers via biannual conference calls (i.e. Teams). Customer acknowledges and agrees that: (i) all performance reports shall be provided only upon specific request by Customer; (ii) all such performance reports constitute sensitive trade secret and confidential information of AssetWorks not to be shared without approval; and (iii) any greater frequency, reporting, and/or actual delivery of performance documentation will require additional engagement and fee. 6 HARDWARE
6.1 Hardware Prices & Specifications. Hardware prices and specifications are subject to change without notice. AssetWorks is not responsible for typographical and/or photographical errors.
6.2 Hardware Installation & Configuration. Hardware fees are exclusive of shipping, installation, and/or configuration services unless Order provides otherwise. Customer agrees that installation guides, site readiness requirements, and/or other hardware-specific terms on the Order or otherwise published by the applicable hardware provider are deemed an integral part of this Agreement.
X = (Y - Z) / Y * 100
“X” is the Availability of the production environment during the quarter; “Y” is the total number of hours in such quarter minus the number of hours during such quarter that the Customer is unable to log in because of: (a) regularly scheduled maintenance windows and other times for which Customer received reasonable notice in advance thereof; (b) Force Majeure, third-party integrations, and other circumstances outside AssetWorks’ reasonable control ; (c) nonperformance of hardware, software, Customer’s internet service provider (ISP) connections, and/or non-performance of equipment that is neither provided nor certified by AssetWorks except as such non-performance is directly caused by AssetWorks; and “Z” is the number of hours in such quarter during which Customer is unable to log into the production environment (excusive of items set forth in the definition of “Y” above and de minimis outages); provided that AssetWorks was notified or reasonably should be aware of Customer’s inability to log into the production environment. #4..
- 42 -
ASSETWORKS CONFIDENTIAL Page 6 of 21
6.3 Hardware Warranties. AssetWorks warranty responsibility for Hardware is limited to replacement parts and telephone and/or helpdesk support during the warranty period in accordance with the then-current applicable warranty statements.
6.4 AssetWorks GPS
6.4.1 Technical Assistance. Telephone and/or Help desk support is available for AssetWorks GPS hardware issues 8:00AM-5:00pm MST Monday through Friday, by emailing [email protected] or calling 403-777-3760 x2
6.4.2 Warranty on third-party products, where sold as part of the AssetWorks GPS, will be as offered by the original manufacturer’s warranty terms and Customer will be subject to these terms.
6.4.3 Activations; Invoicing. Notwithstanding any terms to the contrary, Customer agrees that deactivations of AssetWorks GPS-related units shall take effect in the next applicable subscription period and that fees will not be prorated nor refunded for units deactivated during the applicable subscription period.
6.5 FuelFocus, FuelDrive, & KeyValet
6.5.1 Technical Assistance. Telephone and/or Help desk support is available for FuelFocus & FuelDrive hardware issues 8:00AM-5:00pm ET Monday through Friday, by emailing [email protected] or calling 610-225-8350 (800-900-8152). Calls left after hours will be returned the next business day. Access to support after warranty period is on a commercially reasonable basis unless Customer is a fully paid subscriber for Maintenance.
6.5.2 Return Policy. Hardware may be returned within thirty (30) days of shipment by requesting a Returned Merchandise Authorization (“RMA”) by emailing [email protected] or by calling 610-225-8350. RMAs are valid for fifteen (15) days from the date of issuance. Customer must ship the requested hardware, freight pre-paid, with original packing, manuals, and accessories (as applicable) to the RMA-identified return address with AssetWorks-issued RMA affixed and enclosed otherwise no credit will be issued. A minimum restocking fee of 25% will be charged against any return credit issued to Customer. AssetWorks shall refund, replace, or exchange (at its option) such Hardware within fifteen (15) business days of its receipt; provided, however, that AssetWorks reserves the right to reject returns of Hardware that are: (a) lacking a valid and/or unexpired RMA; (b) no longer in production; (c) used unless under warranty or other maintenance contract; (d) altered without AssetWorks’ specific authorization; or (e) not evaluated by AssetWorks’ personnel and/or returned in accordance with this section.
6.6 Limited Hardware Warranty. AssetWorks warrants Hardware to be free from defects in materials and workmanship for one (1) year from the date of original purchase; provided, however, that AssetWorks GPS Hardware is warranted for the entire Term (“Warranty Period”). During the Warranty Period, AssetWorks will provide new or rebuilt replacement parts for AssetWorks-verified defects within fifteen (15) business days of AssetWorks’ receipt of such Hardware if evaluated by AssetWorks and returned in accordance with these terms. On-site labor and travel costs are not included. Replacements may be re-manufactured or reconditioned and will be warranted for the remainder of the original Warranty Period.
6.7 Hardware Warranty Exclusions. AssetWorks Hardware warranties do not cover and shall be void in regards to nor shall AssetWorks be responsible for any damages, costs, and/or repairs attributable in any way to: (i) faulty installation or installation otherwise not in accordance with AssetWorks installation manual or instructions; (ii) use of personnel other than authorized representatives of AssetWorks absent prior written approval from the AssetWorks Project Manager; (iii) water, fire, abuse, theft, vandalism, shipment, accident, operator error or lack of knowledge, power surges or failure, acts of god and force majeure; (iv) any condition not encountered during normal operation; (v) neglecting, misusing, tampering, or adjusting of the Hardware; (vi) Customer’s failure to perform normal preventive maintenance; (vii) accessories attachments or other devices not furnished by AssetWorks; (viii) labor, travel, or any costs unrelated to parts; and (ix) expendable items such as magnetic card, printer ribbons, fuses, bulbs, and similar items and supplies subject to ordinary wear and tear.
6.8 HARDWARE WARRANTY DISCLAIMER. HARDWARE WARRANTIES ARE PROVIDED IN LIEU OF ALL OTHER RIGHTS, CONDITIONS, AND WARRANTIES. ASSETWORKS MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO HARDWARE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTIBILITY, OR NON-INFRINGEMENT.
ASSETWORKS DOES NOT WARRANT THAT HARDWARE WILL BE ERROR-FREE OR THAT ANY DEFECTS THAT MAY EXIST IN PRODUCTS CAN BE CORRECTED. IN NO EVENT SHALL ASSETWORKS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOST
PROFITS, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED WHETHER OR NOT ASSETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7 PROFESSIONAL SERVICES.
7.1 Scope. AssetWorks will provide the professional services detailed on the Order Form and/or SOW (collectively “Order”) or otherwise requested by Customer (“Professional Services” or “PS”).
7.2 Professional Services Fees. Customer agrees to pay the Professional Services fees as follows:
7.2.1 Each Order will be on a time and material basis, a fixed price basis, or a hybrid of both as specified in the Order. The Order may include a definitive list of deliverables (“Deliverables”) that must be completed by AssetWorks. In some instances, the Order will include a date by which Deliverables must be completed. #4..
- 43 -
ASSETWORKS CONFIDENTIAL Page 7 of 21
7.2.2 If Professional Services result in greater AssetWorks duties than required by the Order, Customer will work closely and in good faith with AssetWorks to modify the Order to ensure that fees are increased reflect increased Customer requirements.
7.2.3 Unless specifically addressed in the Order, all travel and expenses will be extra and billed as incurred.
7.2.4 Customer will bear the expense of its failure to meet all assumptions noted on the Order.
7.3 Acceptance Date. Acceptance of any PS deliverable (or part thereof) shall be deemed to occur on the earliest of the following dates which shall be known as the Acceptance Date: (a) on the tenth (10) day after the PS deliverable (or part thereof) is delivered unless Customer established to AssetWorks’ reasonable satisfaction that such PS deliverable does not meet in any material respect the Order criteria; (b) on the date which Customer performs acceptance testing of the PS deliverable (or part thereof) that meets the Order criteria, in which event Customer shall immediately notify AssetWorks in writing; or (c) on the date which Customer substantially utilizes the PS deliverable (or part thereof) in a live production environment, in which event Customer shall immediately notify AssetWorks in writing.
7.4 Subcontractors. AssetWorks may engage subcontractors to assist in performing Professional Services without the prior written consent of Customer so long as AssetWorks supervises such subcontractors as if AssetWorks performed the Professional Services.
7.5 Changes Order Management Plan (COMP). Any change to any Statement of Work (SOW) or its equivalent shall only be done as follows:
I. Customer will send a Change Order Request via E-mail to the Project Manager providing AssetWorks with sufficient details to identify and describe:
1. The nature of the requested change(s).
2. The reason(s) for the requested change(s).
3. The potential impact to the project (if known), including, but not limited to:
i. Implementation and Completion Schedule
ii. Scope
iii. Pricing
iv. Payment Schedule
II. AssetWorks will:
1. Evaluate the Change Order Request.
2. Communicate to Customer about the required change(s) to the relevant products and services.
3. Communicate to Customer the estimated additional payments/increased fees associated with the requested change(s).
4. Provide Customer with a written Change Order summarizing the information from 2. and 3. above for Customer to review and execute.
III. Customer will review, execute, and return the Change Order to AssetWorks.
IV. AssetWorks will review, execute, and return a fully executed copy of the Change Order to Customer.
V. All Change Orders must be signed by a representative from both Customer and AssetWorks possessing the authority to enter a legally enforceable agreement on behalf of the party they represent.
VI. The mutually executed Change Order shall be considered an amendment to the applicable terms and conditions of the MSA and SOW between Customer and AssetWorks.
VII. In the event of a conflict between a mutually executed Change Order and the applicable SOW or Order, the terms of the most recent mutually executed Change Order shall control solely with respect to the specific changes in scope, schedule, pricing, payment schedule, assumptions, or deliverables expressly addressed in such Change Order. No Change Order shall amend or supersede any legal term of this Agreement.
VIII. The Change Order shall not contain any legal terms or conditions.
IX. Upon receiving the mutually executed Change Order, AssetWorks shall stop work on any milestones in-progress which are affected by the Change Order, close out any such milestones, and invoice Customer for the work performed on the closedout milestone(s).
X. Upon receiving full payment of the invoice(s) for the closed-out milestone(s), AssetWorks shall commence implementation of the requested change(s).
#4..
- 44 -
ASSETWORKS CONFIDENTIAL Page 8 of 21
XI. If the parties cannot agree on a change related to a delay or project extension due to any reason beyond the control of AssetWorks, then AssetWorks shall have the right to stop work and receive a day-for-day extension pending agreement on such change or resolution via the dispute resolution process.
7.6 Delays. Customer acknowledges that AssetWorks performance is dependent on the timely disclosure of all relevant information and the timely performance of the Customer's obligations under this Agreement. AssetWorks will not be liable for any delays, losses, damages, or costs suffered by Customer as a direct or indirect consequence of its failure to disclose information or perform any obligations, and the Customer accepts full responsibility for same.
7.7 SOW Termination. AssetWorks may terminate or suspend performance of Professional Services under any Order for its convenience and/or effective immediately upon written notice if Customer fails to make any payment in full as and when due hereunder.
Termination of an Order will not terminate this Agreement which shall survive for any Order still pending upon termination of this Agreement. Customer agrees to pay unbilled Professional Services provided to Customer up to the date of termination regardless of whether Customer accepted the Deliverable or if the milestone was achieved. 8 FEES & PAYMENT
8.1 Fees. Customer agrees to pay the fees detailed on the Order within thirty (30) days of invoice date as follows:
8.1.1 Software license fees are due and payable upon the Effective Date and thereafter upon license increase, if applicable.
8.1.2 Service subscription fees for Maintenance/Support, Hosting, SaaS, and other recurring services are due and payable upon the Effective Date and annually in advance thereafter absent 90-days’ written notice. Unless Order provides otherwise, fees are based on Services purchased and not actual usage; quantities purchased cannot be decreased during the relevant subscription term.
Customers migrating to Hosting/SaaS are billed upon notification from AssetWorks that Hosting/SaaS environment is established.
8.1.3 Professional Services Fees, including one-time implementation or set-up fees identified on the Order, shall be billed either on a fixed-fee basis upon achievement of milestones pursuant to a mutually agreed project plan, on a time-and-materials basis monthly in arrears, or on a hybrid-fixed-T&M basis, in each case as detailed on the Order; and
8.1.4 Recurring Services fees may be increased annually upon thirty (30) days’ notice to Customer for the subsequent year of the Term.
8.1.5 Hardware shall be billed to Customer at the quoted price upon delivery through an AssetWorks-selected common carrier, F.O.B. destination, with Customer responsible for any fees related to shipping such as custom duties, shipping insurance, etc.
8.2 Invoices; No Refunds. Customer agrees to pay the fees set forth on the Order within thirty (30) days of invoice, to the AssetWorks Contracting Entity identified on the Order, in the currency of the Order, preferably by electronic funds transfer (EFT) via Funds Transfer (Fed Wire) or Direct Deposit (ACH), without deduction, withholding, or offset. For late payment, Customer agrees to pay interest absent notice or demand in an amount equal to the lower of: (a) statutory interest in the prompt payment act applicable to Customer; (b) eighteen percent (18%) per annum compounded monthly; or (c) the maximum interest rate permitted by applicable law. Fees are nonrefundable unless Parties agree otherwise. Customer agrees to pay an administrative fee of 5% per invoice if: (d) invoice must be uploaded to a Customer or third-party portal; or (e) invoice requires custom preparation or presentation.
8.3 Additional Maintenance/Support Fee. As per section 4.3 above, Customer agrees that Maintenance/Support and SaaS subscription fees shall increase based on additional software licenses, SaaS subscriptions, or custom-developed software.
8.4 Taxes. Amounts due under this Agreement are payable to AssetWorks without deduction net of any tax, tariff, duty, or assessment imposed by any government authority (national, state, provincial, or local), including without limitation any sales, use, excise, ad valorem, property, withholding, or value-added tax, whether or not withheld at the source (collectively, “Sales Tax”). Except as forbidden by applicable law, AssetWorks may require that Customer submit applicable Sales Taxes to AssetWorks unless Customer gives AssetWorks a valid tax exemption certificate within thirty (30) days of the Effective Date. AssetWorks’ failure to include any applicable tax in an invoice will not waive or dismiss the parties’ rights or obligations pursuant to this section. If applicable law requires withholding or deduction of Sales Taxes or any other tax or duty, Customer shall separately pay AssetWorks the withheld or deducted amount, over and above the fees on the Order. In the event a taxing authority conducts an audit of this Agreement and determines that an additional tax should have been imposed or a refund of tax is due (other than those taxes levied on AssetWorks income), Customer shall reimburse AssetWorks, or AssetWorks shall reimburse such refund to Customer, for any such additional tax or any such refund, as applicable, including interest and penalties thereon.
8.5 Tariffs.
8.5.1 Tariffs and Government-Imposed Charges. Customer acknowledges that the prices for certain hardware, components, and related products or services may be affected by tariffs, duties, surcharges, trade restrictions, vendor-imposed cost increases, or similar charges imposed by governmental authorities or third-party suppliers (“Tariff Charges”). AssetWorks may, at any time and without limitation, assess, modify, increase, decrease, or remove Tariff Charges as a separate line item or as part of the applicable fees, regardless of any fixed pricing, price protection, or other terms set forth in this Agreement.
8.5.2 Calculation and Adjustment. Tariff Charges may reflect a blended or estimated impact of applicable tariffs, duties, and supplier surcharges and may fluctuate based on changes in law, trade policy, vendor pricing, or supply chain conditions. AssetWorks shall #4..
- 45 -
ASSETWORKS CONFIDENTIAL Page 9 of 21
have no obligation to provide country-specific, product-specific, or transaction-specific tariff calculations or supporting documentation.
8.5.3 No Refunds or Credits. Except to the extent expressly required by applicable law or expressly agreed by AssetWorks in writing, Tariff Charges are non-refundable and non-creditable, and Customer waives any right to dispute, offset, or seek reimbursement of such charges, including based on subsequent tariff changes, reductions, exemptions, or retroactive adjustments. AssetWorks reserves the right to charge Customer an additional fee for the processing and refunding of any Tariff Charges. The additional fee shall be calculated using the current hourly rate for professional services on the date Customer has communicated a refund request.
8.5.4 Immediate Effect. Tariff Charges shall apply to all applicable orders and invoices upon notice by AssetWorks or as otherwise reflected on an invoice and shall take effect immediately unless otherwise stated by AssetWorks in writing.
8.6 Data Processing Audit. Eight hours per year shall be allocated to support Customer or its designee in an audit of records during business hours at AssetWorks location. Additional hours, if needed, will be billed at then-current hourly rates with Customer responsible for all out-of-pocket expenses incurred in connection with such audits. 9 CONFIDENTIAL INFORMATION. For purpose of this Agreement, Parties agree that “Confidential Information” means all information disclosed by or on behalf of either Party (“disclosing party”) to the other Party (“recipient”) during the Term, whether orally or in writing, that the recipient should reasonably understand to be confidential. Each Party will maintain all Confidential Information in confidence and will use it solely in the discharge of its obligations under this Agreement. Nothing herein will be deemed to restrict a Party from disclosing Confidential Information to its employees and subcontractors in the discharge of such obligations. Confidential Information will not include information that: (a) is or becomes generally known or available to the public through no fault of the recipient; (b) is known to the recipient at the time of its receipt from the disclosing party; (c) the disclosing party provides to a third party without restrictions on disclosure; (d) is subsequently and rightfully provided to the recipient by a third party without restriction on disclosure; (e) is independently developed by the recipient, without reference to the disclosing party’s Confidential Information; or (f) is required to be disclosed pursuant to a government agency, court ordered subpoena, or the Public Records Act, provided the recipient promptly notifies the disclosing party of such order to allow disclosing party reasonable time to seek protective order or other appropriate relief. Because of the unique nature of the Confidential Information, each Party agrees that irreparable harm may occur in the event the recipient fails to comply with its confidentiality obligations herein, that monetary damages may be inadequate to compensate the disclosing party for such breach, and that the disclosing party may accordingly be entitled to injunctive relief. 10 WARRANTIES & DISCLAIMERS
10.1 Software Warranty. AssetWorks warrants the Software licensed or included with Hardware shall perform substantially in accordance with the Documentation for ninety (90) days from delivery which in any event shall not exceed one (1) year from the Effective Date.
During the Software warranty period, in the event there exists a Deviation or nonconformance to the Documentation, which in the mutual and reasonable opinion of AssetWorks and Customer, constitutes a serious impediment to the normal intended use of the Software, AssetWorks’ sole responsibility shall be to correct the Deviation or nonconformance with due dispatch. Corrections to Deviations or nonconformance which do not rise to this level shall be corrected and distributed by AssetWorks in accordance with the published maintenance schedule provided Customer is subscribed for Maintenance.
10.2 Service Subscription Warranty. AssetWorks warrants the Service shall function substantially in conformance with the Documentation for so long as Customer pays in advance the subscription fee for the applicable Service (e.g. Maintenance, Hosting, and/or SaaS).
10.3 Professional Services Warranty. AssetWorks warrants that Professional Services will be performed with the degree of skill and judgement normally exercised by recognized professional firms performing substantially similar services. In the event of any breach of the foregoing warranty, AssetWorks will at its expense and discretion either: (a) correct the non-conforming Deliverables; or (b) refund to Customer the portion of Professional Services fees attributable to the non-conforming Deliverables. No Professional Services warranty claim will be effective unless Customer delivers to AssetWorks written notice detailing the non-conformities within sixty (60) days after tender of the non-conforming Deliverables. The remedy set forth in this section is the sole and exclusive remedy for breach of the foregoing Professional Services warranty. Customer represents and warrants that Customer has the right to use and furnish any information, specifications, data, or intellectual property that Customer has provided or will provide for AssetWorks to perform under this Agreement.
10.4 WARRANTY DISCLAIMER. Except to the extent set forth herein, CUSTOMER ACCEPTS THE SERVICE “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” AND ASSETWORKS DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION: MERCHANTABILITY,
FITNESS FOR PURPOSE, COMPLIANCE WITH LAW, ERROR-FREE PERFORMANCE, FUNCTIONALITY WITH THIRD-PARTY SOFTWARE OR HARDWARE, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, OR PERFORMANCE. ASSETWORKS DOES
NOT WARRANT SERVICE WILL PERFORM ERROR-FREE OR WITHOUT INTERRUPTION NOR THAT CUSTOMER DATA WILL REMAIN PRIVATE, SECURE, OR AVAILABLE; NOR THAT ANY DEFECTS CAN BE CORRECTED. #4..
- 46 -
ASSETWORKS CONFIDENTIAL Page 10 of 21
11 INDEMNIFICATION.
11.1 IP Indemnity From AssetWorks. AssetWorks will defend, at its own expense, any action commenced against Customer to the extent based on a claim that the Software supplied by AssetWorks infringes a Worldwide patent or copyright (“Claim”), and AssetWorks will pay those costs and damages finally awarded against Customer to the extent attributable to any such Claim; provided, however, such defense and payments are conditioned on: (a) AssetWorks shall be immediately notified of any Claim; (b) AssetWorks shall have sole control of any defense, negotiations, settlements, or compromises to the extent related to such Claim; and (c) AssetWorks shall have the option to either: (i) procure a non-infringing license to use the Software; (ii) modify the Software to be non-infringing; or (iii) refund to Customer a depreciated credit for the Software which Parties agree shall be five (5) years.
11.2 Exclusions. AssetWorks shall have no liability to Customer with respect to: (a) Customer’s breach of this Agreement, including without limitation its failure to cease use of the Service after AssetWorks’ direction; (b) revisions to the Software or other Service components made without AssetWorks’ written consent; (c) Customer’s failure to incorporate Software updates or upgrades that would have avoided the alleged infringement, provided AssetWorks offered such updates or upgrades without charges not otherwise required pursuant to this Agreement; (d) AssetWorks’ modification of Software in compliance with specifications provided by Customer, including without limitation Deliverables to the extent created based on such specifications; (e) any Deliverable if the Order or a disclosure provided at or before delivery states that such Deliverable incorporates third party software or other assets; or (f) use of the Service in combination with hardware or software not provided by AssetWorks.
11.3 Indemnity from Customer. Unless prohibited by Applicable Law, Customer shall indemnify and defend AssetWorks against any claims related in any way to Excluded Data or otherwise arising out of Customer’s improper utilization of the Service. 12 LIMITATION OF LIABILITY.
12.1 Aggregate Dollar Cap. CUSTOMER AGREES THAT ASSETWORKS’ CUMULATIVE LIABILTY SHALL NOT EXCEED FEES PAID DURING THE YEAR PRECEDING THE DATE ON WHICH THE LIABILITY AROSE FOR ALL CLAIMS RELATED TO SUCH ORDER.
12.2 Excluded Damages. CUSTOMER AGREES THAT ASSETWORKS SHALL NOT BE LIABLE FOR: (a) LOST PROFITS OR LOSS OF BUSINESS (WHETHER DIRECT OR INDIRECT); (b) SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF: USE, REVENUE, ACTUAL OR ANTICIPATED PROFITS OR SAVINGS, BUSINESS OPPORTUNITIES, DATA, GOODWILL, PRIVACY, REPUTATION); (c) ANY DAMAGES, LIABILITIES, OR OBLIGATIONS (HOWEVER CALCULATED OR ARISING) WHICH IN THE AGGREGATE EXCEED THE AMOUNT OF FEES PAID TO ASSETWORKS DURING THE YEAR PRECEDING THE DATE ON WHICH THE LIABILITY AROSE; OR (d) ANY CLAIMS WHICH CUSTOMER FAILS TO PRESENT TO ASSETWORKS IN WRITING WITHIN SIX (6) MONTHS AFTER EXPIRATION OR EARLIER TERMINATION OF THIS CONTRACT. THIS SECTION APPLIES: (e) TO THE BENEFIT OF ASSETWORKS’ OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, AND THIRD-PARTY CONTRACTORS, AS WELL AS: (f) TO LIABILITY
REGARDLESS THE FORM OF ACTION OR THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY,
NEGLIGENCE, OR OTHERWISE) EVEN IF ASSETWORKS IS ADVISED IN ADVANCE OF THE POSSIBILITY AND/OR SUCH DAMAGES WERE FORESEEABLE AND/OR CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
12.3 Essential. The Parties’ respective responsibilities, warranties, and limitations of liability herein form an essential basis of the Parties’ bargain. If Applicable Law limits the application of the provisions of this section (Limitation of Liability), Customer acknowledges and agrees that AssetWorks’ liability will be limited to: (a) the maximum extent permitted by law; (b) claims presented to AssetWorks principal office in writing within six (6) months of expiration or earlier termination of this Agreement; and (c) claims not waivable. 13 TERM & TERMINATION.
13.1 Term. The term of this Agreement will commence on the Effective Date and continue for the greater of: (a) the period detailed on the first page of this Agreement or the Order, or if none is specified, a default term of five (5) years; or (b) for so long as Customer continues to use the Services (the “Term”). Thereafter, the Term will renew for successive one (1) year periods upon mutual agreement absent ninety (90) days’ written non-renewal notice from Customer.
13.2 Termination for Cause. Either Party may terminate this Agreement for: (a) material breach after providing written notice and reasonable opportunity to cure of no less than sixty (60) days; (b) failure of the Service to perform substantially in accordance with the Documentation due to an AssetWorks-verified issue for which a written action plan is not delivered to Customer within sixty (60) days of written notice from Customer; and (c) the other Party’s insolvency, cessation of business, liquidation, assignment for the benefit of creditors, or any proceeding related thereto which is not dismissed within ninety (90) days.
13.3 Suspension for Nonpayment. Without limiting AssetWorks’ other rights and remedies, AssetWorks may suspend or terminate access to the Service: (a) if Customer’s account becomes delinquent and is not cured within ten (10) days of notice of nonpayment of undisputed fees; or (b) if AssetWorks reasonably concludes that Customer’s actions are not consistent with the requirements of this Agreement or may subject AssetWorks or a third party to potential liability.
13.4 Effects of Termination. Upon termination of this Agreement, Customer shall cease all use of the Service and delete, destroy, or return all copies of the Documentation and Software in its possession or control. If Customer terminates this Agreement for any #4..
- 47 -
ASSETWORKS CONFIDENTIAL Page 11 of 21
reason other than termination for cause, Customer will be obligated to pay the balance due for the remainder of the Term of the Agreement computed in accordance with the Order. Customer agrees to pay such fees and for all work performed and reasonable costs incurred up to the effective date of such termination however terminated. The following will survive termination or expiration of this Agreement: (a) any obligation of Customer to pay fees incurred before termination; (b) sections including but not limited to 1-4 (SaaS, License, & Restrictions ), 9 (Confidential Information), 10.4 (Warranty Disclaimers), 11 (Indemnification), 12 (Limitation of Liability), 14 (IPR Ownership); and (c) any other provision of this Agreement that must survive to fulfill its essential purpose. 14 IPR OWNERSHIP; CUSTOMER DATA.
14.1 IPR Ownership. Customer and AssetWorks shall each retain ownership of and all right, title, and interest in and to their respective pre-existing IPR and any derivatives thereto. AssetWorks will not obtain any ownership rights, title, or interest to Customer’s confidential data files nor will Customer obtain any ownership rights, title, or interest to the Software, SaaS, systems, and methods developed or employed by AssetWorks (collectively referred to herein as the “Service”). Services performed, code developed, deliverables, and any IPR however arising during this Agreement (“Developments”) are not “works made for hire” nor any similar concept throughout the world, and AssetWorks is the sole owner of all right, title, and interest in such Developments. If any Developments may be considered “works made for hire” such that any IPR may accrue to Customer, then Customer hereby irrevocably assigns and agrees to assign any and all right, title, and interest thereto, whether now known or hereafter defined or discovered, to AssetWorks and Customer agrees to take such further action as AssetWorks may reasonably request to evidence such assignment. If Customer provides suggestions, enhancement requests, or ideas related to Services (“Feedback”), Customer agrees that AssetWorks has all rights to use, exploit, and incorporate such Feedback into the Services without restriction or payment.
14.2 Return of Customer Data. For up to thirty (30) days (or such greater period of time agreed to by the Parties or required by Applicable Law) following expiration or termination of the Agreement for any reason (“Customer Access Period”), AssetWorks will provide Customer with reasonable access to Customer Data in its existing format: ASCII comma, separated value (CSV format) with binary images TIFF, JPG, or PRF. Requests after this period or for other formats are subject to approval and may require additional fee.
14.3 Erasure of Customer Data. AssetWorks may permanently erase or otherwise render unrecoverable Customer Data: (a) if Customer’s account is delinquent, suspended, or terminated for sixty (60) days or more; or (b) at the end of the Customer Access Period except to the extent prohibited by applicable law.
14.4 Use of Customer Data. AssetWorks will only process Customer Data in accordance with Customer’s instructions, with adequate safeguards, and to provide, maintain, support, and enhance the Services. AssetWorks shall not: (a) access, process, or otherwise use Customer Data contrary to this Agreement; (b) give Customer Data access to any third party, except AssetWorks’ subcontractors that have a need for such access to facilitate the Service and are subject to a reasonable written agreement governing the use and security of Customer Data. Further, AssetWorks shall: (c) exercise reasonable efforts to prevent unauthorized disclosure or exposure of Customer Data; and (d) comply with all Applicable Laws that are applicable both specifically to AssetWorks and generally to data processors (if applicable) in the jurisdictions in which AssetWorks operates physical facilities. Notwithstanding anything to the contrary contained herein, AssetWorks may use, reproduce, sell, publicize, and otherwise commercially exploit De-Identified Data (as determined in its sole discretion) to the fullest extent permitted by law including without limitation aggregated with data from other customers and commercial sources. “De-Identified Data” refers to Customer Data with information that could reasonably be used to identify an individual person, household, User, or Customer is removed or otherwise rendered de-identified.
14.5 Required Disclosure of Customer Data. Notwithstanding anything to the contrary herein, AssetWorks may use and disclose Customer Data as required: (a) by Applicable Law; (b) by proper demand of legal or governmental authority; (c) to provide the Service or functionalities paid for by Customer. AssetWorks shall give Customer prompt notice of any such legal or governmental demand (unless notice is prohibited, in which case, AssetWorks shall only disclose Customer Data to the limited extent necessary to comply with such demand) and AssetWorks shall cooperate with any Customer-initiated effort to seek a protective order or otherwise to contest such demanded disclosure at Customer’s expense.
14.6 Data Accuracy; Integrity; Risk of Exposure. Notwithstanding anything to the contrary herein including any terms which Customer purports are required by applicable law, AssetWorks does not guarantee the privacy, security, authenticity, integrity, or noncorruption of any information transmitted through the internet or any mobile or wireless network or stored in any system connected thereto. AssetWorks will not be responsible for any claims, damages, costs, or losses whatsoever arising or in any way related to Customer’s connection to, use of, or storage connected to the internet or any mobile or wireless network, nor shall AssetWorks have any responsibility or liability for the accuracy of data uploaded to the Service by Customer. Customer recognizes and agrees that hosting data online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Service, Customer assumes such risks and all losses. AssetWorks offers no representation, warranty, nor guarantee that Customer Data will not be exposed or disclosed through errors or the actions of third parties. AssetWorks will not be liable to Customer nor any third party for any losses related to Customer’s use of the Software/Service insofar as such may be used to store, transmit, display, disclose, or otherwise utilize information which is considered private, confidential, proprietary, or otherwise exempt from public disclosure or #4..
- 48 -
ASSETWORKS CONFIDENTIAL Page 12 of 21
subject to regulation under Applicable Law (e.g. Excluded Data).
14.7 Third Party Access. Customer acknowledges and agrees that Customer is responsible for protecting and securing all data, usernames, and passwords from unauthorized use, whether such use is by Customer or by any other person/organization to whom Customer grants access (whether directly or through AssetWorks) (“Third Party”). Customer represents and warrants that it has obtained all relevant consents from Users such as employees or relevant data subjects for this access. Customer agrees that access by the Third Party (or anyone to whom Customer provides direct or indirect access) is at Customer’s sole risk and expense. Customer further agrees to indemnify and hold AssetWorks harmless against any and all claims, losses, costs, damages, and liabilities arising out of or in any way related to such access, including but not limited to the failure to notify or obtain consent for this transfer or such access.
14.8 Customer Data Warranty Disclaimer. Customer warrants that: (a) it has not, will not, nor will it permit the transmission of Excluded Data to AssetWorks or otherwise into the Service; (b) Customer Data does not and will not include Excluded Data except to the extent necessary to make ordinary use of the Service in accordance with the Documentation; and (c) it shall inform AssetWorks of any Excluded Data promptly after discovery (without limiting AssetWorks’ rights or remedies). Customer recognizes and agrees that:
(i) the provisions of this Agreement related to Customer Data do not apply to Excluded Data; (ii) AssetWorks has no liability for any failure to provide protections required by law applicable to Excluded Data or otherwise to protect Excluded Data; and (iii) AssetWorks’ Services are not intended for management nor protection of Excluded Data and may not provide adequate or legally required security for Excluded Data. AssetWorks is not responsible nor liable for any exposure or related loss to the extent that it involves Excluded Data.
14.9 Additional Fees. Unless explicitly prohibited by Applicable Law, Customer recognizes and agrees that AssetWorks may charge additional fees (without limitation) for: (a) activities (if any) required by Applicable Laws, and (b) activities requested of AssetWorks to help Customer comply with Applicable Laws.
15 PREDICTIVE ANALYTICS; TELEMATICS CLOUD; COLLECTION AND USE OF ASSET DATA: In the course of providing the Service, AssetWorks may receive or collect spatial data relating to the vehicles, mobile objects, devices, locations, Users (whether employees, contractors, suppliers, and/or customers of Customer), including but not limited to, vehicle identification number (VIN), GPS location, vehicle speed, acceleration, driver-behavior information, vehicle diagnostics information, User ID numbers, and other usage information (“Collected Data”). If required, Customer agrees to notify its Users that a vehicle or other asset has been fitted with equipment enabled for the Service which collects and analyzes data points associated with the vehicle’s location and manner of operation. If Customer and/or User provided consent, AssetWorks may continue to receive and collect the Collected Data after the termination of the Service for purposes of facilitating Third-Party access requested by Customer. Customer agrees that, during and after termination of the Service, AssetWorks, its affiliates, and/or third-party suppliers may: (i) retain and use Collected Data to provide and improve the Service, Maintenance/Support, and Professional Services, and for conducting research and development; (ii) share Collected Data with affiliates and third-parties providing services to AssetWorks subject to obligations of confidentiality; (iii) AssetWorks may disclose Collected Data if required under applicable law, regulation, or court order; and (iv) AssetWorks may use and share with third-parties any Collected Data in aggregated or deidentified form (such that the source of the Collected Data cannot be identified) or that is publicly available without any restriction. Customer acknowledges that Collected Data may be commercially exploited by or on behalf of AssetWorks for commercial marketing purposes, subject to the permissions and restrictions set forth in this Agreement, and in AssetWorks’ then-current privacy policy (available at www.AssetWorks.com/privacy). To the extent required by applicable law, Customer agrees to provide notice to and to receive consents from its Users of: (v) the nature of the equipment and Service, (vi) AssetWorks’ collection, use, and disclosure of Collected Data (which may contain Confidential Information) from time to time, and (vii) whether and if so the extent to which such Users’ whereabouts, movements, vehicle usage, and other activities may be excluded from Collected Data or disassociated with such User. 16 THIRD-PARTY SERVICES
16.1 Third-Party Integrations. The Service may contain features which interoperate with products, applications, or services not provided by AssetWorks ("Third-Party Service"). To use such features, Customer may be required to obtain access to such Third-Party Service and grant AssetWorks access to Customer’s account on such Third-Party Service. If Customer chooses to use a Third-Party Service, Customer hereby grants AssetWorks permission to allow the Third-Party Service and its providers to access any data (including data that may constitute Confidential Information) provided to AssetWorks by or on behalf of Customer as required for the interoperation of that Third-Party Service. Customer shall provide (and shall cause the provider of the Third-Party Service to provide) AssetWorks with any reasonably required information and materials needed to integrate the Third-Party Service. Customer’s use of a Third-Party Service will be subject to the applicable terms between such Third Party and Customer. Customer recognizes and agrees that Customer Data and data regarding Customer’s use of a Third-Party Service may be shared with and/or collected by such Third Party to improve that Third-Party Service.
16.2 Third-Party Disclaimer. AssetWorks provides integrations with Third-Party Services solely as a convenience which Customer accesses at its own risk. ASSETWORKS IS NOT RESPONSIBLE FOR THE UNAVAILABILITY, ACCURACY, OR RELIABILITY OF ANY INFORMATION, #4..
- 49 -
ASSETWORKS CONFIDENTIAL Page 13 of 21
DATA, OR CONTENT FROM SUCH THIRD-PARTY SERVICES. AssetWorks is not responsible for any disclosure, modification, or deletion of such data resulting from such access by any Third-Party Service or its provider. Any acquisition by Customer of a Third-Party Service and any exchange of data thereby is solely between Customer and such Third Party. Unless agreed otherwise, AssetWorks neither warrants nor supports the Third-Party Service whether or not they are designated by AssetWorks as operable with the Service. Further, AssetWorks cannot guarantee the continued availability of and may cease to offer any features that interoperate with any Third-Party Service without entitling Customer to any refund, credit, or other compensation, if for example (without limit) the provider of a Third-Party Service ceases to make the Third-Party Service available for interoperation in a manner deemed acceptable to AssetWorks at its sole discretion.
17 API Terms
17.1 API Definitions. As used in this section, “API Information” means all information and data that is created, captured, or is otherwise accessible from the AssetWorks APIs through use of the Service. “AssetWorks APIs” or “APIs” mean AssetWorks’ current or future application program interfaces (e.g., MAXQueue Module PLUS and Integrations Module PLUS (M5))
17.2 API License. Subject to the terms and conditions of this Agreement, AssetWorks grants to Customer during the prepaid term a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable, terminable subscription-based license to access or otherwise receive information from the AssetWorks APIs and to obtain API Information. This API ‘license’ is granted solely to aid Customer’s internal provisioning of the Service to Users and for no other purpose.
17.3 Access Tokens or Security Keys. AssetWorks will give Customer and/or Users unique access token(s) or security key(s) to access the AssetWorks APIs for the purpose of accessing and receiving API Information. Customer will immediately notify AssetWorks if any User’s access tokens or security keys are used or suspected of being used by a third party. Neither Customer, its Users, nor any Third Party is authorized to provide direct access, access token(s), or security key(s) for the AssetWorks APIs.
17.4 Limitations and Restrictions. The API license granted to Customer is subject to the following limitations and restrictions:
17.4.1 AssetWorks may, in its sole discretion, (a) modify, change, update and/or enhance the AssetWorks APIs at any time (a “Modification”), provided AssetWorks gives Customer commercially reasonable notice and supports Customer’s access to the AssetWorks API in the same manner as prior to the Modification for a commercially reasonable period of time. Notwithstanding the foregoing, AssetWorks may suspend, terminate and/or revoke Customer’s access, or make a Modification without providing notice if necessary to address or prevent a security breach or to protect from the unauthorized disclosure of any API Information or other personally identifying information. In such circumstances, AssetWorks will notify Customer and use commercially reasonable efforts to ameliorate any impact from such action.
17.4.2 Customer acknowledges that, except as set forth in the API License section above, nothing in this Agreement grants or assigns to Customer (nor its Affiliates or any third party) any right, title, interest, or license of any kind, including in any patents, copyrights, trade secrets, trademarks, logos or other IPRs of AssetWorks.
17.4.3 AssetWorks may establish limits on the use of the AssetWorks APIs, including, but not limited to, the number of AssetWorks API requests initiated over a limited time period (e.g., per minute, hourly, and daily) upon advance notice to Customer and only to protect the functioning, security, and/or reliability of the API Information and/or AssetWorks APIs. AssetWorks shall make commercially reasonable efforts to maintain the availability of the AssetWorks API but does not guarantee the service level, availability, or quality of service of the AssetWorks APIs.
17.4.4 To the extent obtained by Customer pursuant to this Agreement, Customer will protect all API Information from unauthorized alteration, copying, access, storage, transmittal, or use. Customer must immediately notify AssetWorks of any unauthorized use, disclosure, or access to API Information.
17.4.5 Customer will not: (a) make derivative works of, reverse engineer, reverse compile, or disassemble the AssetWorks APIs; or (b) access or use the AssetWorks APIs in any unauthorized manner, including any way that will (i) infringe any AssetWorks’ or third party’s copyright, patent, trademark, trade secret, other property rights or rights of publicity or privacy; or (ii) violate any applicable law, statute, ordinance, or regulation.
17.5 Customer API Security. Customer will not: (a) use any robot, spider, site search or other retrieval application or device to scrape, retrieve or index services or collect, disseminate, use, store or disclose information about AssetWorks customers for any unauthorized purpose; (b) disable, override or otherwise interfere with any AssetWorks alerts, warnings, display panels, consent panels and the like; (c) disrupt, disable, harm or otherwise impede the operation of any software, firmware, hardware, wireless communications device, computer system or network; (d) enable any third party to access the AssetWorks APIs to circumvent Service controls or otherwise penetrate AssetWorks network; or (v) take any action that affects or is otherwise competitive with any AssetWorks Service. Customer is solely responsible for protecting the confidentiality of any API Information or data that it collects or uses from the AssetWorks APIs.
17.6 API Disclaimer. ALL INFORMATION, MATERIALS, SOFTWARE, TECHNOLOGY, AND SERVICES PROVIDED BY ASSETWORKS INCLUDING (WITHOUT LIMIT) THE ASSETWORKS APIs ARE PROVIDED “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS”. ASSETWORKS DOES NOT
MAKE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND #4..
- 50 -
ASSETWORKS CONFIDENTIAL Page 14 of 21
WHATSOEVER INCLUDING (WITHOUT LIMIT) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, AND THE WARRANTIES OF TITLE OR NONINFRINGEMENT. CUSTOMER AND/OR ITS INTERMEDIARIES ASSUME ALL RISK AS TO THE AVAILABILITY, SUITABILITY, QUALITY, AND PERFORMANCE OF THE ASSETWORKS APIs AND API INFORMATION AND ASSETWORKS EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY RELATED THERETO. 18 MISCELLANEOUS.
18.1 Independent Contractors. Parties are independent contractors in all regards. Neither party is an agent authorized to make commitments on the other’s behalf.
18.2 Notices. Any communication or notice hereunder must be in writing and will be deemed given and effective: (i) when delivered personally with proof of receipt; (ii) when sent by e-mail provided a Party may decline to receive e-mail notice; (iii) when delivered by overnight express; or (iv) three days after the postmark date when mailed by certified or registered mail, postage prepaid, return receipt requested, in each case addressed to the Party at its address for notices stated on the Order or identified herein. Such address may be changed by a notice delivered to the other Party in accordance with the provisions of this Section.
18.3 Force Majeure. Neither party will be liable for any failure of or delay in performance of its obligations under this Agreement to the extent such failure or delay is due to acts of God, acts of a public enemy, fires, floods, power outages, wars, civil disturbances, sabotage, terrorism, accidents, insurrections, blockades, embargoes, storms, explosions, labor disputes, failure of common carriers, internet services providers, or other communication devices, acts of cyber criminals, acts of any governmental body (whether civil, military, foreign or domestic), failure or delay of third parties or governmental bodies from whom a Party is obtaining or must obtain approvals, authorizations, licenses, franchises, or permits, inability to obtain labor, materials, power, equipment, or transportation, or other circumstances beyond its reasonable control (collectively referred to herein as “Force Majeure”); however, nothing in this Section shall relieve Customer of the obligation to make payments when due. Any delays cause by Force Majeure shall not be a breach of or failure to perform this Agreement or any part thereof and the date on which the obligations hereunder are due to be fulfilled will be extended for a period equal to the time lost because of such delays. Neither Party shall be liable to the other for any liability claims, damages, or other loss caused by or resulting from Force Majeure.
18.4 Assignment & Successors. Neither Party may assign this Agreement nor any of its rights or obligations hereunder without the prior express written consent of the other Party, which approval shall not be unreasonably withheld. This Agreement will be binding upon and inure to the benefit of the Parties’ respective successors and permitted assigns. Notwithstanding the foregoing, in the event of an assignment or novation of this Agreement to an AssetWorks’ affiliate pursuant to a bone fide internal corporate reorganization, AssetWorks shall not require Customer’s prior written consent.
18.5 Severability. To the extent permitted by applicable law, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. If a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
18.6 No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
18.7 Non-Solicitation. During the Term of this Agreement and for one year thereafter, Customer shall not solicit the employment nor contract for the services of any individual or entity that was an employee, agent, or subcontractor of AssetWorks during the Term of this Agreement. Nothing in this section shall prohibit Customer from placing a bona fide public advertisement for employment which is not specifically targeted at AssetWorks, nor shall Customer be restricted from hiring any such person who responds to any such general solicitation or public advertisement so long as no direct solicitation of such person has occurred.
18.8 Choice of Law & Jurisdiction: This Agreement will be governed solely by the internal laws of the State of California without reference to: (a) any conflicts of law principle; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The Parties consent to the personal and exclusive jurisdiction of the federal and state courts of California.
18.9 Construction; Conflicts. The Parties agree that the terms of this Agreement result from arms-length negotiations and its terms will not be construed in favor of or against either Party by reason of authorship. All exhibits, schedules, and documents attached hereto or incorporated herein are intended to be read and construed in harmony with each other. In the event of any conflict between any provision of this Agreement, the order of precedence set forth on page 1 of this Agreement shall control. Any Customer purchase order terms are deemed to be for Customer’s internal purposes only and are specifically rejected. Section headings are inserted only for convenience and in no way define, limit, extend, or otherwise impact the interpretation of any section or this Agreement.
18.10 Counsel. By acceptance of this Agreement, each of the Parties acknowledges and agrees that it has had an opportunity to consult #4..
- 51 -
ASSETWORKS CONFIDENTIAL Page 15 of 21
with legal counsel and that it knowingly and voluntarily waives any right to a trial by jury of any dispute pertaining to or relating in any way to the transactions contemplated by the Agreement, the provisions of any federal, state, or local law, regulation, or ordinance notwithstanding.
18.11 Technology Export. Customer shall not: (a) permit any third party to access or use the Service in violation of any law or regulation; or (b) export any Software or Confidential Information provided by AssetWorks except in compliance with all applicable laws and regulations. Without limiting the generality of the foregoing, Customer shall not permit any third party to access or use the Service in, nor export the Software or Confidential Information to, a country subject to a United States embargo (e.g., the Crimea Region of Ukraine, Cuba, Iran, North Korea, Russia, and Syria).
18.12 Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications. Each of the Parties represents and warrants that the Agreement is a valid and binding obligation enforceable against it and executed by its duly authorized representative.
18.13 Electronic Execution in Counterparts. This Agreement may be executed electronically (e.g. DocuSign) and in one or more counterparts, each of which will be an original, and all which will constitute a single instrument.
18.14 Amendment. This Agreement may only be amended via written agreement signed by both Parties’ authorized representatives that explicitly states its intent to amend this Agreement. Customer PO terms are null and void. Notwithstanding the foregoing, AssetWorks may revise the Documentation at any time effective on the date posted provided such amended Documentation shall not materially reduce Customer’s rights or protections.
19 DEFINITIONS. The following capitalized terms will have the following meanings whenever used in this Agreement.
19.1 “Active Equipment Unit License” means a license for each Active Equipment Unit covered by or utilizing the Service. “Active Equipment Unit” means any vehicle, asset, or other unit on which work is performed or for which activity is reported. Customer must pay fees to cover all Active Equipment Units unless Parties agree otherwise.
19.2 “AssetWorks Contracting Party” means the specific entity identified on the Order Form and shown below:
For USA Customers: For UK & EU Customers:
AssetWorks Inc. AssetWorks Fleet Solutions Ltd. Lightbulb Analytics Limited Delaware Corporation
EIN 46-0521049
England & Wales
Company No. 15298579
England & Wales
Company No. 01843754
1001 Old Cassatt Road, Ste. 204
Berwyn, PA 19312
Brook Suite, Ground Floor, Bewley
House, Marshfield Road, Chippenham,
SN15 1JW
Egale One, 80 St Albans Road,
Watford, Herts, WD17 1DL
[email protected]
CC: [email protected]
[email protected]
CC: [email protected]
[email protected]
CC: [email protected]
19.3 “Concurrent License” means a license for an authorized user of the Software, provided that the number of simultaneous users may not exceed the number of licenses purchased. Each simultaneous login to the Software (through active browser sessions) will be deemed to constitute one Concurrent License.
19.4 “Customer Data” means any data, information, or material that Customer or Customer’s Users may disclose or submit to AssetWorks or the Service in the course of properly using the Service in accordance with the Documentation and best practices regarding minimization of personal information. Customer Data does not include Excluded Data, public information, or inferences derivable from Customer Data.
19.5 “Documentation” means the standard documentation and/or user manual (i.e. technical literature) provided or published by AssetWorks.
Company shall ensure that any copies of such documentation include the following marking:
AssetWorks Inc. reserves all rights in this document, the subject matter, illustrations, and methodologies contained therein. Any reproduction, disclosure to third parties, or utilization of its contents – in whole or in parts – is forbidden without prior written consent of AssetWorks Inc. © Copyright 2024 AssetWorks Inc. All rights reserved.
19.6 “Enterprise License” means a license for the Software that allows for an unlimited number of users and tracks an unlimited amount of assets. Pricing is based on the population of the city, town, region, fleet, college, university, department, etc. (“Population Base”) Customer utilizes in the Enterprise License to cover. Customer must promptly pay increased fees for an Enterprise License reconciliation if Customer’s Population Base increases beyond the Customer’s licensed limits for any reason, including, but not limited to, a material increase in Population Base, use of the Software to provide the Services to an additional population, or merger of Customer with any other entity that increases the population served by the Software.
19.7 “Excluded Data” means Payment Card Industry (PCI) or similar regulated financial information; protected health information (PHE) under HIPAA or similar regulated medical information of any nature; personal financial or any sensitive personal information subject to heightened #4..
- 52 -
ASSETWORKS CONFIDENTIAL Page 16 of 21
privacy and/or security requirements by law, regulation, or applicable third-party terms (e.g., government issued identification or license numbers, personal bank account numbers, passport or visa numbers, credit card numbers, social security numbers, passwords and security credentials); or any other unnecessary personal identifiers (i.e., any information capable of truncation, hashing, or greater minimization); and any other categories of data for which the Service is not suitable or the input of which is unnecessary to make ordinary use of the Service per the Documentation and Customer’s own policies and best practices in regards to Excluded Data.
19.8 “Order Effective Date” means the date: (a) an Order is countersigned by the Parties, (b) an Order is signed by Customer and/or its authorized intermediary and accepted by AssetWorks, or (c) which the Parties deemed their agreement to be effective as of.
19.9 “Software” means AssetWorks’ proprietary Software either: (a) perpetually licensed for on-premise installation in a Customer Environment, (b) perpetually licensed and hosted by AssetWorks in a Hosted Environment, (c) made available through an access-restricted website or designated IP address hosted via a third-party data center on a prepaid-subscription basis inclusive with Maintenance/Support under a software-as-a-service model (“SaaS”). “Software” includes commercially available updates, enhancements, and new versions if Customer subscribes for Maintenance/Support and may be revoked for material breach (e.g. nonpayment) to the extent permitted by Applicable Law.
19.10 “Intellectual Property Rights” or “IPR” means unpatented inventions, patent applications, patents, design rights, works of authorship, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how, ideas, concepts, algorithms, database schema, and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world with respect to all intellectual property incorporated into any Development, ORDER, or other deliverable whether or not first created, discovered, or developed by AssetWorks in providing the Services.
19.11 “Order” or “Order Form(s)” means any AssetWorks quotation, order form, statement of work, change order, or other ordering document executed by the Parties or otherwise accepted by AssetWorks, specifying the applicable Software, SaaS, Services, Hardware, fees, quantities, subscription period, scope, milestones, assumptions, and other applicable business terms. Each fully executed or accepted Order is incorporated into and becomes part of this Agreement. For clarity, an Order may supplement this Agreement with deal-specific business terms, but shall not supersede, amend, or modify any legal term of this Agreement except to the extent the Order expressly identifies the specific provision of this Agreement being amended and is signed by AssetWorks’ authorized legal or contracting representative.
19.12 “Source Code” means software in human-readable form, including all appropriate programmer’s comments, data files and structures, header and include files, macros, make files, object libraries, programming tools not commercially available, technical specifications, flowcharts and logic diagrams, schematics, annotations and documentation reasonably required or necessary to enable a competent independent third party programmer to create, operate, maintain, modify and improve such software without the help of any other person, and with data files containing Source Code in standard ASCII format readable by a text editor.
19.13 “User(s)” or means Customer’s employees, representatives, consultants, contractors, or agents who use the Service on Customer’s behalf or through Customer’s account or passwords (whether or not authorized).
19.14 “Deliverable(s)” means any copyrightable works, code developed, products, discoveries, developments, designs, work product, deliverables, improvements, inventions, processes, techniques and know-how made, conceived, reduced to practice or learned by AssetWorks (either alone or jointly with Customer or others) that arise during the Term of this Agreement or result from Professional Services performed pursuant to any Order and delivered to Customer hereunder. Deliverables are not “works made for hire”
19.15 “Law” or “Applicable Law(s)” means privacy and security laws governing AssetWorks’ handling (if any) of Customer Data and other applicable laws and regulations in force as of the Effective Date. For the avoidance of doubt, Applicable Laws do not include laws applicable to Customer or its data to the extent not described in the preceding sentence, including laws in regard to Excluded Data.
19.16 “Maintenance” means the support and maintenance services provided by AssetWorks to Customer on a pre-paid annual subscription basis (i.e. maintenance-as-a-product) inclusive with SaaS but exclusive of Hosting Services and Professional Services.
19.17 “Professional Services” means those technical or non-technical services performed or delivered by AssetWorks under this Agreement as set forth in an Order.
19.18 “SLA” means AssetWorks’ service level objectives, target availability level, and service level credit for unavailability of the Service. #4..
- 53 -
ASSETWORKS CONFIDENTIAL Page 17 of 21
ORDER FORM
AssetWorks Inc.
1001 Old Cassatt Road Suite 204
Berwyn, PA 19312
Order #: Q-15493-2
Date: 07/16/2026
Expires On: 10/16/2026
Ship To
Patrick Crowley
City of Modesto
1609 8th Street
Modesto, California 95354
United States
209-342-2274
[email protected]
Bill To
City of Modesto
P.O. Box 642
Modesto, California 95353
United States
This price is issued pursuant to Equalis Contract #: COG-2123A between AssetWorks and the above-named Customer.
Pricing below is valid until 12/7/2025.
AssetWorks EAM SaaS (annual) – year 1 invoice upon delivery of URL – Year 2 prorated based on customer’s existing renewal date.
Description QTY Unit Cost Total
SaaS - Annual EAM Facilities Bundle Fee - Cities 1 USD 112,078.00 USD 112,078.00 KPI/Dashboards Module 1 Included USD 0.00
Shop Activity Module 1 Included USD 0.00
Reporting Module 1 Included USD 0.00
Crystal Reports Server OEM Edition - with 1x report writer 1 Included USD 0.00 Mapping Module 1 Included USD 0.00
Esri Integration Module 1 Included USD 0.00
AssetWorks APIs Subscription (all existing APIs excluding Telematics (e.g.
Faults, Diagnostics and GPS) and Internal Fuel Data)
1 Included USD 0.00
Capital Planning Module 1 Included USD 0.00
MobileFocus / Smart Apps, Enterprise License 1 Included USD 0.00 MAXQueue Integration Module 1 Included USD 0.00
Motor Pool Module 1 USD 0.00 USD 0.00
Customer Access Module 1 USD 0.00 USD 0.00
SaaS - FuelFocus (per ICU) 2 USD 4,600.00 USD 9,200.00
AssetWorks EAM SaaS Total: USD 121,278.00
Professional Services - Self-Hosted to SaaS Migration – (one-time fees invoice per milestone table in assumption below) Description Line Total
Database Conversion Services: MSSQL to Oracle (Fixed Fee) USD 10,560.00 FuelFocus Testing & Re-direction Services (2 ICUs; Fixed Fee) USD 960.00 One-Time SaaS Environment and Reporting Database Setup Fee (Fixed Fee) USD 11,520.00 System Migration Support Services (Fixed Fee) USD 9,600.00 Professional Services - Self-Hosted to SaaS Migration Total: USD 32,640.00 Professional Services - Onsite Training – (one-time fees invoice per milestone table in assumption below) #4..
- 54 -
ASSETWORKS CONFIDENTIAL Page 18 of 21
Description Line Total
3-Day Onsite Training Services (Fixed Fee) USD 9,600.00 Estimated Travel Services (1 Trip; Billed as Incurred) USD 2,500.00 Professional Services - Onsite Training Total: USD 12,100.00 Professional Services - Remote Training – (one-time fees invoice per milestone table in assumption below) Description Line Total
Project Management & Agenda Planning Services for Remote Training (Fixed Fee)
USD 960.00
Remote Training Services (Time & Materials) USD 3,840.00 Professional Services - Remote Training Total: USD 4,800.00 Grand Total: USD 170,818.00
FleetFocus FA Relational Database Migration Services Scope and Assumptions • AssetWorks provides an RDBMS migration service to move the FleetFocus FA database from Oracle to Microsoft SQL Server or Microsoft SQL Server to Oracle. AssetWorks will perform a migration of both the nonproduction and production FleetFocus FA databases in an offline AssetWorks environment. If required to convert with the customer’s environment, the work will be done using remote teleconferencing services to control the customer’s desktop over a broadband connection; no onsite services to be utilized. Additional FleetFocus FA installations outside of a single non-production and production environment will incur an additional cost. • AssetWorks will provide this migration service for a fixed fee of $10,560 USD not including applicable taxes, which will be invoiced upon completion of the production migration. Invoices are due on existing contract terms.
The reinstallation of the FleetFocus FA application is optional and requires remote control access to the application server (as described above). If reinstallation services are needed, a change order will be necessary. • The non-production and production migrations must occur no more than 90 days apart. This service includes only a single default instance on Microsoft SQL Server (no named instances). This service does not include the installation of your RDBMS or the migration of custom work, such as, but not limited to, any custom reports or interfaces. If you would like assistance with the RDBMS installation or with migrating custom items, please contact AssetWorks Sales.
• A database conversion does not include custom database views, Crystal Reports, MAXQueue tables or migrate the data stored in the tables at the point of the conversion. Customer is recommended to follow best practices and do the following at the time of the designated migration date:
• Stop system users from entering additional data at the time of the designated migration. • Allow system administrators to review the MAXQueue error queue shown in the MAXQueue portal and confirm it is empty.
• Reprocess and/or delete (only for errors that do not need reprocessed) any errors that are in the MAXQueue portal for all interfaces and/or integrations (ex: NAPA, Zonar, Network Fleet, etc.) to ensure no data is pending and waiting to be entered into FA/EAM; this avoids any potential data loss and is the responsibility of the customer at the time of migration and customer as directed by Customer Care. • Customer is responsible for testing all business processes following the new environment installation. • These services are to be provided during normal technical support business hours. If off-hours/weekend services are needed, a change order will be necessary.
• Customer Care engagements have an 8 week lead time from execution of contract/order. • If this order is abandoned/paused by the client for any reason mid-effort, the client will be billed for the full contracted amount. If additional scope is added or required, a change order will be necessary. • Milestone - Deliver Production Converted Database (MSSQL to Oracle): $10,560 USD FuelFocus Testing & Re-direction Services and Assumptions #4..
- 55 -
ASSETWORKS CONFIDENTIAL Page 19 of 21
• AssetWorks will provide assistance in the migration and re-directing of all FuelFocus ICUs for a customer transitioning to the AssetWorks hosted environment for both production and non-production. • AssetWorks will need to upgrade ICU software prior to the hosting migration which will require a minimum 60 GB flash disk.
• Testing services are estimated based on completion of re-direction and testing efforts; quote has been provided based on an assumed number of ICUs and may increase if additional are needed. • All services provided remotely via web conferencing.
• Costs are for a fixed fee project and do not include applicable taxes. Milestone(s) are to be billed upon testing and re-direction of ICUs as noted below in the milestone names, with the amounts noted below:
• Milestone – FuelFocus Testing and Re-Direction of 2 ICUs: $960 USD FleetFocus SaaS Setup and Migration Standard Professional Services Scope and Assumptions • As part of going SaaS, AssetWorks will create a non-production and production FleetFocus environment as well as a third reporting environment. AssetWorks Customer Care will work to schedule the installations and provide updates accordingly through a support ticket. Once installed, the login information to the production and nonproduction system will be provided to the customer. The reporting instance connection information will be provided as well, if elected on order form.
• Customers are required to upgrade to a supported generally available (GA) release available in the FA hosting environment. If the customer is on a supported version on premise, an upgrade is offered as part of the environment setup fees. If the customer is not a supported version on premise, a separate upgrade fee will apply to move the customer to a version that can be maintained by AssetWorks. • MobileFocus handheld devices, Capital Asset Management (CAM), KeyValet key boxes and FuelFocus ICUs are excluded from upgrade unless otherwise noted on the quote. In addition, FuelFocus ICU and KeyValet key boxes require additional testing and re-direction services and are excluded unless otherwise noted on the quote. • The AssetWorks environments run on an Oracle database and as such, all custom interfaces, custom reports, and custom reporting views must be either built in Oracle or converted to Oracle prior to moving to AssetWorks servers. If the custom work (AssetWorks or Customer built) is not built in Oracle it is excluded from this quote, unless otherwise noted on the quote. Please send a list of all currently used custom interfaces and reports that would need to be converted (if reports, send .RPT files and prompts) for review by AssetWorks development and inclusion of additional costs.
• AssetWorks will assist in the migration and re-connecting of all custom deliverables and out of the box integrations (i.e., NAPA, Telematics Cloud, FSS, etc.) for a customer transitioning to the AssetWorks hosted environment for both production and non-production. This service does not include full scale testing to the original specification but does include ensuring core connections are functioning. These services are covered under System Migration Support Services, which also includes general project administration and AW resource coordination. System Migration Support Services are presented on a fixed fee basis and will be invoiced in full after the migration to a production and non-production environment on AssetWorks’ servers are complete. • Customer is responsible for testing all business processes following migration of the non-production environment. This is expected to be completed within 30 days of installation in the hosted environment on AssetWorks' servers. All business processes should be reconfirmed following the migration of the production environment. This includes:
• Reports, reporting views, and interfaces that AssetWorks custom built for the customer. If any issues are encountered, AssetWorks Customer Care will open a ticket to investigate, troubleshoot and/or resolve. • Custom work built by customer including, but not limited to, reports, reporting views, data loads, batch processes, notifications, etc. AssetWorks cannot guarantee that any custom work built by the customer will continue to function after the migration and/or upgrade is completed. AssetWorks Customer Care can assist with initial investigation or troubleshooting but resolution is outside of the scope of the migration/upgrade process.
• Customer will make appropriate technical resources available to AssetWorks’ consultants for tasks such as delivery of the database, file directories (attachments), etc. AssetWorks assumes customer utilizes an internal system administrator to maintain all aspects of FleetFocus configuration, user training and system administrator duties as required to support any necessary testing post migration to AssetWorks servers. • Customer Care engagements have an 8-week lead time from execution of contract/order. • All services will be performed during normal business hours unless stated otherwise on the Order Form. If afterhours services are required, a change order will be necessary. • All services are presented on a fixed fee basis and will be invoiced upon completion of the environments or 60 days after the non-production migration, whichever occurs first. • Milestone – One-Time SaaS Environment and Reporting Database Setup Fee: $11,520 USD • Milestone – System Migration Support Services: $9,600 USD AssetWorks Professional Services Standard Terms
#4..
- 56 -
ASSETWORKS CONFIDENTIAL Page 20 of 21
• AssetWorks will assign a Project Manager (PM) 4-6 weeks after a fully executed and processed order. The PM will engage the customer to kick off the project and begin scheduling services. The delivery schedule of the project will be set during the project planning phase.
• All services will be performed remotely using web teleconferencing, unless otherwise noted. • Training will be delivered as “train the trainer” for system administrators; end user training is not included unless otherwise noted. The max class size is ten (10) participants. • Where applicable, standard training materials will be utilized; scope does not include customized training materials unless otherwise noted.
• Current supported version of FleetFocus is required and adheres to the minimum versions as referred to in AssetWorks Product Documentation.
• Customer will make appropriate technical resources available to AssetWorks’ consultants and provide necessary and appropriate personnel at meetings to define project requirements. • Customer will appoint a single point of contact for project duration that will have project management responsibilities and decision-making authority. This person will be the focal point of contact for the AssetWorks’ Professional Services and Customer Care teams.
• Customer will be responsible for working with AssetWorks’ Professional Services to move any changes into a production environment.
• If included, travel expenses will be reimbursed as incurred, unless otherwise noted. Expenses include actual costs for lodging, air, ground travel and per diem rates for meal expenses (corporate rate/government agreement).
• In the event the customer schedules onsite services and two calendar weeks prior to the arrival date, and due to circumstances within the customer’s control, AssetWorks’ scheduled personnel are unable to perform such services, AssetWorks will be entitled to payment for each such scheduled personnel based on an eight-hour minimum day.
• Any features, specifications, tasks, services, or requirements not detailed in this SOW/quote are explicitly excluded. If additional scope is added or required, a change order will be requested of the customer. • Invoices are due on existing contract terms.
• Any professional services delivered as Time & Materials (if applicable) will be invoiced at the beginning of each month following their delivery. Professional services delivered on a Fixed Fee basis will be invoiced according to the milestone schedule outlined above (if applicable).
• All costs are quoted in USD and do not include applicable taxes. • All software licenses and first-year maintenance and/or subscription fees will be invoiced upon contract execution.
• If this order is abandoned, paused, or cancelled by the customer for any reason mid-effort, the customer will be billed for all AssetWorks time incurred at the current contracted labor rate. 3-Day Onsite Training and Consulting Services Scope and Assumptions • Order Form assumes one (1) onsite trip for a maximum of three (3) days of training and consulting services at a maximum of eight (8) hours a day.
• Time may be billed for prep work required to show specific scenarios and done after hours from in-class training time.
• Training assumes train-the-trainer approach and one (1) physical or remote location for training for all groups, to be mutually agreed upon between the Customer and AssetWorks. Customer to coordinate attendees, secure space and provide overhead projection capabilities for meetings, as necessary. • The max class size is ten (10) participants. If the size of the organization is smaller and meets this class size for sessions such as technician, supervisor and storekeeper, direct end user training will be utilized over a train the trainer approach.
• Pre-training call will be held with Customer Project Manager to discuss and finalize topics. With the AssetWorks Project Manager or trainer’s assistance, the customer is responsible for creating and distributing the agenda with desired curriculum to be covered.
• Where applicable, standard training materials will be utilized. Order Form does not include customized training materials.
• Additional consulting services before and after visit to be provided remotely via web conferencing. Minimum time charge for any remote training session is two (2) hours. • Current supported version of FleetFocus is required and adheres to the minimum versions as documented in AssetWorks Product Documentation located on the Customer Care site. • Costs are for a fixed fee project and do not include applicable taxes. Milestone(s) are to be billed as noted below in the milestone names, with the amounts noted below:
• Milestone – Completion of Onsite Training: $9,600 USD #4..
- 57 -
ASSETWORKS CONFIDENTIAL Page 21 of 21
Remote Training and Consulting Scope and Assumptions
• AssetWorks will provide up to sixteen (16) hours of time and materials training and consulting services to support the customer during its upgrade; time may be billed for prep work required to show specific scenarios and done after hours from in-class training time.
• Training assumes train-the-trainer approach and a remote location for training for all groups. The max class size is ten (10) participants. If the size of the organization is smaller and meets this class size for sessions such as technician, supervisor and storekeeper, direct end user training will be utilized over a train the trainer approach. • Pre-training call will be held with Customer Project Manager to discuss and finalize topics. With the AssetWorks Project Manager or trainer’s assistance, the customer is responsible for creating and distributing the agenda with desired curriculum to be covered.
• All services will be provided remotely via web conferencing. Minimum time charge for any remote training session is two (2) hours.
• Training and consulting services are estimated for a time and materials project and do not include applicable taxes. Actual costs might be greater or lesser than those presented in this Order Form. • Project management time includes general project administration and AssetWorks resource coordination.
Project management services are presented on a fixed fee basis and will be invoiced in full on contract execution. This milestone also includes agenda planning calls with customer and initial discovery to be able to prep for the remote services. If training and consulting hours are increased, additional project management will be required on a change order.
• Milestone - Project Management and Agenda Planning Services: $960 USD #4..
- 58 -
1001 Old Cassatt Road, Suite 204, Berwyn, Pennsylvania 19312 Tel: 610-687-9202/ Fax: 610-971-9447
TO:
FROM:
DATE:
RE:
City of Modesto
AssetWorks Inc.
February 12, 2026
ASSETWORKS INC. (FLEET) - SOLE SOURCE PROVIDER
_______________________________________________________________ AssetWorks Inc. is the Sole Source Provider and holds all rights to sales, distribution, implementation and development services, software licenses, maintenance, and support to the entirety of AssetWorks’ suite of software and hardware solutions including but not limited to the following:
• AssetWorks GPS™
• AssetWorks GPS with Secure Fueling
• FleetFocus™ FA, FleetFocus M5, and FleetFocus Enterprise Asset Management System (EAM) • FleetFocus™ Telematics Cloud Interface
• FuelFocus™ Fueling Management System and FuelDrive™
• CAM™ Capitalized Asset Management System
• MAXQueue™
• KeyValet™ Automated Motor Pool Management System.
• FluidFocus™ Interface
• FuelFocusEV™ Integration and AssetWorks CMS™ Charge Management Service AssetWorks Inc. a stand-alone subsidiary of Constellation Software Inc. (TSX:CSU) incorporated in Delaware and headquartered in Berwyn, Pennsylvania with Federal ID number 46-0521049.
Please feel free to contact me with any questions or concerns at:
Greg Richards, General Manager
AssetWorks Inc.
1001 Old Cassatt Rd, Suite 204
Berwyn, PA 19312
Tel: 610-687-9202/Email: [email protected] – (POC) Signature:
Greg Richards,
General Manager
#4..
- 59 -
COG-2173 - Fleet Related Technology and Software Solutions Scoring Summary
Active Submissions
Contract Award Total A - Responsiveness A-1 - Signed Master Agreement Form
B - Technical
Proposal
B-1 - Supplier
Overview &
Qualifications
B-2 - Products,
Services, and
Capabilities
B-3 - Go-To-Market
Strategy
B-4 - Met Minimum
Technical
Requirements
C - Cost Proposal
C-1 - Cost Proposal
Submission
Supplier Yes/No / 100 pts / 0 pts Pass/Fail / 65 pts / 20 pts / 30 pts / 15 pts Pass/Fail / 35 pts / 35 pts AssetWorks Yes
COG-2173A 89.67 0 Pass 56.67 17.83 27.33 11.5 Pass 33 33 Advatnage Asset
Tracking Corp dba
Advantage One
Yes
COG-2173B 82.17 0 Pass 54.17 16.33 26.67 11.17 Pass 28 28 Chevin Fleet
Solutions LLC
Yes
COG-2173C 81.33 0 Pass 53.33 15.67 25.33 12.33 Pass 28 28 PreCise MRM Yes
COG-2173D 80.33 0 Pass 51.33 16 24.33 11 Pass 29 29
Concourse Tech Inc. No 76.67 0 Pass 51.67 13.33 25 13.33 Pass 25 25 Via Transportation Inc No 73 0 Pass 50 17.33 23.5 9.167 Pass 23 23 Ron Turley
Associates, LLC No 70.17 0 Pass 50.17 16 24.83 9.333 Pass 20 20 Forward Thinking
Systems, LLC No 69.83 0 Pass 47.83 14.5 24 9.333 Pass 22 22 Global Cloud Fleet No 67.17 0 Pass 45.17 12.5 23.83 8.833 Mixed 22 22 Eliminated Submissions
Contract Award A - Responsiveness A-1 - Signed Master
Agreement Form
B - Technical
Proposal
B-1 - Supplier
Overview &
Qualifications
B-2 - Products,
Services, and
Capabilities
B-3 - Go-To-Market
Strategy
B-4 - Met Minimum
Technical
Requirements
C - Cost Proposal
C-1 - Cost Proposal
Submission
Supplier Yes/No / 0 pts Pass/Fail / 65 pts / 20 pts / 30 pts / 15 pts Pass/Fail / 35 pts / 35 pts Zonar Systems No 0 Pass 43.17 14.83 19 9.333 Mixed - -
Ford Pro No 0 Pass 40.67 12 23.33 5.333 Mixed - -
American
Development Partners
LLC
No 0 Pass 31.67 6.667 16.33 8.667 Fail - -
Generated on Feb 23, 2026 2:47 PM EST - David Robbins
#4..
- 60 -
DreamCatchers
Consulting LLC No 0 Pass 31.33 7 17 7.333 Fail - -
Generated on Feb 23, 2026 2:47 PM EST - David Robbins
#4..
- 61 -
California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.
Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:
1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
#4..
- 62 -
Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.
HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
#4..
- 63 -
FINANCIAL INTEREST DISCLOSURE
Any contract award therewith will require approval by a majority vote of the City of Modesto’s City Council.
In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Vendor until all person with a direct or indirect financial interest of greater than $2,000 in the Vendor are identified by name.
Vendor must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.
Financial Interest Disclosure to City of Modesto
The Vendor shall identify any person with a financial interest in the Vendor by name, below.
For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.
Persons having an aggregate economic interest in the Vendor less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.
Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Vendor meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Vendor is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
#4..
- 64 -
Print Names of Persons Having a Financial Interest in Vendor Receiving this Agreement:
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.
Bidder Company Name:
Name of Vendor Signatory:
Signature of Vendor Representative:
#4..
- 65 -
CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
August 24, 2026
Date: August 5, 2026
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Stephan Christensen, Office of Performance Management and Budget Director
SUBJECT: Monthly Budget Adjustment Report – August 2026 CONTACT: Kaceey Culbertson, Budget Manager, [email protected], 209-571-5855
DESCRIPTION:
Consider the recommended budget adjustments to Fiscal Year 2025-26 and Fiscal Year 2026-27 Annual Operating and Capital Improvement Program Budgets; Amending the Fiscal Year 2026-27 Position Allocation; Amending the Fiscal Year 2026-27 Classification Plan; and forwarding to Council for approval. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2025-2026 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Long-Term Financial Sustainability.
BACKGROUND:
Each month staff presents a variety of budget adjustments requiring the approval of the City Council. These changes are submitted to the Finance Committee for review prior to submission to Council and include an explanation and justification for each transaction.
This report includes a number of adjustments that have been identified by monitoring department budgets. Due to the number of adjustments, they are included as an attachment to this report (Exhibit A). As in past reports, adjustments are segregated by #5..
- 66 -
Finance Committee, August 24, 2026
Monthly Budget Adjustment Report – August 2026
fund and department as appropriate. The adjustments are reflected in a more summarized version and supporting documentation is available for review upon request.
Also included in this report as an attachment (Exhibit B) is a summary of the budget adjustments approved by the City Manager and/or the Office of Performance Management and Budget Director consistent with the authority levels that were approved by Council with the passing of the Fiscal Year 2025-26 Operating Budget via Resolution No. 2025-187 and Fiscal Year 2026-27 Operating Budget via Resolution 2026-189.
DISCUSSION:
The monthly budget adjustments attached as Exhibit A in this item include adjustments across various departments. These adjustments are explained in further detail within Exhibit A.
Additionally, the Fiscal Year 2026-27 position allocation is being amended as outlined in Exhibit C and Fiscal Year 2026-27 classification plan is being amended to create a new job specification for a Water Services Dispatch Supervisor as outlined in Exhibit D and Attachment 1.
FISCAL IMPACT:
The fiscal impact of each item is noted in the attachments to this report. The adjustments are for Fiscal Year 2025-26 and Fiscal Year 2026-27.
CEQA/NEPA REQUIREMENTS:
This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the budget adjustments to Fiscal Year 2025-26 and Fiscal Year 2026-27 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval.
Motion recommending amending the Position Allocation for Fiscal Year 2026-27 as adopted in the operating budget; and forwarding to Council for approval.
Motion recommending amending the Classification Plan for Fiscal Year 2026-27 as adopted in the operating budget; and forwarding to Council for approval.
Approved by:
Stephan Christensen, Office of Performance
Management and Budget Director
#5..
- 67 -
Finance Committee, August 24, 2026
Monthly Budget Adjustment Report – August 2026
Joseph P. Lopez, City Manager
Attachments:
1. Exhibit A – Budget Adjustments Requiring Council Approval
2. Exhibit B – Staff Approved Budget Adjustments
3. Exhibit C – Amended Position Allocation
4. Exhibit D – Amending Classification Plan
5. Attachment 1 – Water Service Dispatch Supervisor Classification Specification #5..
- 68 -
Finance Committee, August 24,2026
Monthly Budget Adjustment Report
08/24/2026/OPMB/KCulbertson
EXHIBIT A
FISCAL YEAR 2025-2026
ENGINEERING SERVICES DEPARTMENT
• A budget adjustment is necessary to allocate funds to various Measure L projects. The total amount of the adjustment is $4,130,000. Each project will have an increase in the transfer out from Fund 1410 – Measure L Local Road Tax to the project and an increase to the projects discretionary expense accounts. This was approved by the Citizen’s Transportation Sales Tax Commission at the meeting held on June 4, 2026. Below is the adjustment to each project.
Project
Number
Project Name Amount for
Adjustment
Local Streets and Roads Category
101747 Tully Road Pavement Rehab Phase II $3,768,000
Traffic Management Category
101482 Safe Streets for All Action Plan $62,000
Bike and Pedestrian Category
101073 Carver/Bangs/Pelandale/Snyder Bike
Trail
$300,000
Total Increase to Projects $4,130,000
Total Transfer Out from Fund 1410 $4,130,000
• A budget adjustment is necessary to transfer $360,553 from Fund 1420 – Surface Transportation/Measure L – Senate Bill (SB) 1 Maintenance of Effort (MOE) fund to Project 101169 – Scenic Drive Pavement Rehab Phase 2 in the Capital Grants – Streets CIP Projects Fund (3160) to satisfy the Fiscal Year 2025-2026 MOE for Measure L. In addition, the current transfer in from Fund 1410 – Measure L Road Tax Fund is being reduced by the same amount.
FIRE DEPARTMENT
• A budget adjustment of $150,000 is necessary to increase the transfer out from the Measure H Fund (0160) to the Grant – Operations Grants Reimbursed Fund (1341) to account for overtime expenses that are ineligible to be reimbursed by the MFD – 2023 Federal Emergency Management Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER) Grant.
MEASURE L
• A budget adjustment is necessary to recognize actual revenue received in the Measure L Fund (1410) for the fiscal year FY 2024-25. The additional revenue to recognize is in an amount up to $3,000,000 for the Local Streets & Roads #5..
- 69 -
Finance Committee, August 24,2026
Monthly Budget Adjustment Report
08/24/2026/OPMB/KCulbertson
(14625), Traffic Management (14626), and Bike & Pedestrian (14627) cost centers.
MEASURE H
• A budget adjustment is necessary in the amount of $108,298 in the Fiscal year 2025/2026 Measure H spending plan to re-appropriate expenditures and revenue in the 25/26 Park Maintenance Project 101672 to the 26/27 Playground Replacements – Catherine Everett & Whitmore Project 101751 and 26/27 Playground Replacements – George Rogers & Creekwood Project 101748.
There are sufficient funds available due to the completion of tasks in Project 101672 and the overall Measure H spending plan is not changing. • A budget adjustment in the amount of $15,000 is necessary in Fiscal Year 2025/2026 Measure H spending plan to appropriate budget for the audit services for the Measure H transaction tax. The budget will be used to pay invoices quarterly for these services.
NON-DEPARTMENTAL
• A budget adjustment is necessary to increase the Transfer Out from the Police Department Capital Facility Fee Fund 3440 to the General Fund 0100 in the amount of $240,000. There is additional fund balance available in the Police Department Capital Facility Fee fund that can be transferred for repayment on the Police Department Headquarters (7000).
• A budget adjustment is necessary to increase the Transfer Out from the Fire Department Capital Facility Fee Fund 3450 to the General Fund 0100 in the amount of $135,000. There is additional fund balance available in the Fire Department Capital Facility Fee fund that can be transferred for repayment on the loan for Fire Station #11.
• A budget adjustment is necessary to increase the Transfer Out from the General Government Capital Facility Fee Fund 3470 to the General Fund 0100 in the amount of $200,000. There is additional fund balance available in the General Government Capital Facility Fee fund that can be transferred for repayment on the Tenth Street Plan Project (7000).
• Per the agreement that was entered into with the Modesto Convention & Visitors Bureau (CVB) by the City of Modesto, the City is to provide to the CVB an amount equal to seventeen percent (17%) of the City’s annual Transient Occupancy Tax (TOT) receipts. In addition, a bonus equal to a quarter (0.25%) percent of the most recent three-year average in TOT receipts is granted if receipts exceed the average by $50,000 in a single year. In Fiscal Year 2025-26, the City is estimated to receive total TOT receipts of $3,517,357 and the 17% of #5..
- 70 -
Finance Committee, August 24,2026
Monthly Budget Adjustment Report
08/24/2026/OPMB/KCulbertson
that amount that is required to be transferred to the CVB is $589,432. A bonus of $8,628 is being granted to the CVB for exceeding the $50,000 threshold over baseline TOT receipts per the agreement. The Fiscal Year 2025-26 budget originally estimated TOT receipts at $3,640,773. Therefore, a budget adjustment is required in Fiscal Year 2025-26 to reduce the TOT receipts in the amount of $123,416 to true up the accounts as shown below:
Budget Adjustment Revised
Budget
TOT revenue $3,168,013 ($248,714) $2,919,299
CVB (bonus inclu.) $472,760 $125,298 $598,058
Total $3,640,773 ($123,416) $3,517,357
• Per the agreement that was entered into with the Modesto Tourism Marketing District (MTMD), the City is to provide the Modesto Convention & Visitors Bureau (CVB) an amount equal to one and one-half percent (1.5%) of short-term room rental revenue for Fiscal Year 2025-26. The City is estimated to receive $524,733 in total MTMD revenue. The Fiscal Year 2025-26 budget originally estimated MTMD receipts of $355,000. Therefore, a budget adjustment is necessary to increase the Modesto Tourism Marketing District budget by $169,733 to true-up these accounts.
POLICE DEPARTMENT
• A budget adjustment in an amount not to exceed $181,662 is necessary to increase Discretionary Expenses in the Traffic Safety Fund (1600). The fund is currently over budget due to the replacement costs related to a new Aerial Truck Lift. The increase in budget will be coming from the Fund Reserves where there is sufficient fund balance.
PUBLIC WORKS
• A budget adjustment is necessary to decrease the FY 2025-2026 10th Street JPA Allocation from various City funds for the fiscal year 2025-2026 assessment that was approved by the 10th Street JPA Commission Board on May 5, 2025, for the 10th Street Place, of which, the City’s portion of the decrease is an amount not to exceed $100,000. The assessment of $100,000 has been split amongst several funds of which the breakdown can be seen below.
Fund Name Fund
Total
Change
General Fund 0100 ($57,821)
HUD Administration 1133 ($840)
Capital Improvement Support 1300 ($5,855)
Surface Transportation Fund 1700 ($5,978)
#5..
- 71 -
Finance Committee, August 24,2026
Monthly Budget Adjustment Report
08/24/2026/OPMB/KCulbertson
• The
following
adjustments are being made from the various city Fleet Replacement sub-funds to the Fleet Replacement Fund (5409). This action is being taken to reimburse the Fleet Replacement Fund (5409) for vehicle purchases that had been made as required by fund accounting rules in FY 25-26 for the activity through June 2026. Below is a table showing the net effect in each sub-fund because of the various adjustments.
Fund Fund Name Net Impact
of
Adjustments
1709 Surface Transportation Fleet Replacement $50,184
4009 Parking Fleet Replacement Fund $16,811
4109 Water Fund Fleet Replacement $715,412
4219 Wastewater Fleet Replacement Fund $787,745
4319 Airport Fleet Replacement Fund $50,196
4899 Solid Waste Fleet Replacement Fund $1,193,962
5410 General Fund Equipment Fleet Replacement $3,628,726 5809 Building Services Fleet Replacement Fund $156,628
Total Transfer Outs $6,599,664
5409 Transfer In – Fleet Management Fleet
Replacement
$6,599,664
Total Transfer Ins $6,599,664
A budget adjustment is necessary to establish a transfer in the amount of $50,184 from the Surface Transportation Fleet Replacement Fund to Fleet Replacement Fund for purchase of (2) concrete saws.
A budget adjustment is necessary to establish a transfer in the amount of $16,811 from the Parking Fleet Replacement Fund to Fleet Replacement Fund for purchase of (1) trailer with 325-gallon steam cleaner.
A budget adjustment is necessary to establish a transfer in the amount of $715,412 from the Water Fund Fleet Replacement Fund to Fleet Replacement Fund for purchase of (1) hydro excavator vacuum truck.
Water Fund 4100 ($12,785)
Sewer Operations Fund 4210 ($4,377)
Solid Waste Fund 4891 ($3,647)
Mail Services ISF 5120 ($277)
Information Technology Fund 5230 ($6,820)
Insurance - Administration Fund 5310 ($1,189)
Employee Benefits Fund 5520 ($409)
Grand Total ($99,998)
#5..
- 72 -
Finance Committee, August 24,2026
Monthly Budget Adjustment Report
08/24/2026/OPMB/KCulbertson
A budget adjustment is necessary to establish a transfer in the amount of $787,745 from the Wastewater Fund Fleet Replacement Fund to Fleet Replacement Fund for purchase of (1) forklift, (1) trailer grinder, and (1) 14.5 cube body truck.
A budget adjustment is necessary to establish a transfer in the amount of $50,196from the Airport Fleet Replacement Fund to Fleet Replacement Fund for purchase of (1) tractor.
A budget adjustment is necessary to establish a transfer in the amount of $1,193,962 from the Solid Waste Fleet Replacement Fund to Fleet Replacement Fund for purchase of (3) 66.0 3-axle packer trucks.
A budget adjustment is necessary to establish a transfer in the amount of $3,628,726 from General Fund Equipment Fleet Replacement Fund 5410 to Fleet Replacement Fund for purchase of (8) patrol/traffic motorcycles, (30) Patrol SUVs, (1) 1-ton utility truck, (1) 1/2 – ton truck, and (1) 1-ton van. The transfer will also fund all the costs for upfitting public safety vehicles.
A budget adjustment is necessary to establish a transfer in the amount of $156,628 from the Building Service Fleet Replacement Fund to Fleet Replacement Fund for purchase of (1) 1/2 – ton truck and (1) 3/4 – ton utility van.
UTILITIES
• A budget adjustment in the amount of $11,000,000 is required from the Water Fund (4100) to the Water CIP Fund (4180) for capital project expenditures related to the Water Fund. For tracking purposes, Capital projects are all expensed out of Water CIP Fund (4180) and at the end of the fiscal year, a transfer from the Water Fund (4100) is needed to cover the expenses in the Water CIP Fund.
#5..
- 73 -
Finance Committee, August 24,2026
Monthly Budget Adjustment Report
08/24/2026/OPMB/KCulbertson
FISCAL YEAR 2026-2027
CITY CLERK’S OFFICE
• A budget adjustment in the amount of $119,571 is necessary to the City Clerk’s Office General Fund (0100) budget to reallocate the budget for the Administrative Office Assistant II position from the Mail Services Internal Services Fund (ISF) (5120) to the City Clerk’s Office operating budget. The position will be funded with anticipated passport revenue and a direct charge agreement and as part of the adjustment, the anticipated revenue will be recognized. As part of the budget adjustment, the Mail Services ISF will be reduced by $98,998 City-Wide.
MEASURE H
• A budget adjustment in the amount of $15,000 is necessary in Fiscal Year 2026/2027 Measure H spending plan to appropriate budget for the audit services for the Measure H transaction tax. The budget will be used to pay invoices quarterly for these services.
MODESTO FIRE DEPARTMENT
• A budget adjustment is necessary in the amount of $877,329 in the Capital Projects Fund 0180, AMR/General EMS Project 100960 to recognize actual revenue received from Emergency Medical Response contracts related to reimbursement for ride along for hospital calls and hard costs for consumable products. The expenditures will be appropriated in the like amount to be used for on-going funding for fire and Emergency Medical Services (EMS) related expenses.
PARKS, RECREATION AND NEIGHBORHOODS
• A budget adjustment is necessary to increase the Parks and Recreation Administration budget by $43,000 for approved Co-Sponsorships for Fiscal Year 2026-2027 by resolution 2026-185.
POLICE DEPARTMENT
• A budget adjustment in the amount of $379,352 is needed in the Police Grants Fund (1342) for Project 101754 – 26/27 Cannabis Tax Grant. The adjustment will recognize grant revenue and establish the discretionary expenditure accounts.
The Modesto Police Department was awarded the grant from State of California Department of California Highway Patrol (CHP) and the budget appropriation is in place to expend the funds for eligible grant program categories per the grant #5..
- 74 -
Finance Committee, August 24,2026
Monthly Budget Adjustment Report
08/24/2026/OPMB/KCulbertson
agreement. $50,000 has been appropriated on the City Manager’s authority for necessary Overtime operations.
UTILITIES
• A budget adjustment is necessary in the amount of $200,000 to increase the Wastewater Fund (4210) in the Repair and Maintenance account 53100 for a new agreement with HB Restoration for painting services. #5..
- 75 -
Department Director/Director of Office Performance and Budget (OPMB)/City Manager Approved Budget Adjustments - EXHIBIT B For FY2025/26
AT #
Approved
by CM,
Director
OPMB or
DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/TO Account
Current
Budget
Increase
(Decrease)
Revised
Budget Description
AT-125 OPMB 0100 General Fund 12110 - Fin - Accounting Budget Only - Salary Adjustment - Decrease Exp $ - $ (11,200) $ (11,200) A budget adjustment of $16,000 is needed to move salary savings from A's to C's to fund the purchase of a check folding machine. AT-125 OPMB 0100 General Fund 12110 - Fin - Accounting Budget Only - Benefit Adjustment - Decrease Exp $ - $ (4,800) $ (4,800) AT-125 OPMB 0100 General Fund 12110 - Fin - Accounting
Office Furnishings and Equipment Greater
Than Capitalization Threshold Exp $ - $ 16,000 $ 16,000 AT-136 DD 0100 General Fund 12210 - FIN - Administration Budget Only - Salary Adjustment - Decrease Exp $ - $ (3,600) $ (3,600) A budget adjustment of $6,000 is necessary to move salary savings from Appropriation A to Business Expenses in Appropriation Unit C for underbudgeted training expenses.
AT-136 DD 0100 General Fund 12210 - FIN - Administration Budget Only - Benefit Adjustment - Decrease Exp $ - $ (2,400) $ (2,400) AT-136 DD 0100 General Fund 12210 - FIN - Administration Business Expenses Exp $ - $ 6,000 $ 6,000 AT-006 OPMB 0100 General Fund 18210 - MFD - Suppression 51515 - PERS - Unfunded Accrued Liability
Lump Sum EXP $ 8,668,198 $ (2) $ 8,668,196
A budget adjustment is necessary to reconcile ISF accounts with year-end actuals for FY 2026.
AT-006 OPMB 0100 General Fund 19320 - MPD - Field Operations 51515 - PERS - Unfunded Accrued Liability
Lump Sum EXP $ 6,900,674 $ (2) $ 6,900,672
AT-006 OPMB 0100 General Fund 14410 - CED - Planning 51565 - Employee Benefits Admin EXP $ (4,379) $ 4,379 $ - AT-006 OPMB 0100 General Fund 14410 - CED - Planning 51565 - Employee Benefits Admin EXP $ - $ 4,014 $ 4,014 AT-006 OPMB 0100 General Fund 33350 - PRN - Senior Citizens Center 51570 - Employee Leave Reimbursement EXP $ (969) $ 969 $ - AT-006 OPMB 0100 General Fund 33350 - PRN - Senior Citizens Center 51570 - Employee Leave Reimbursement EXP $ - $ 969 $ 969 Total Changes for Fund 0100 $ 15,563,524 $ 10,327 $ 15,573,851 AT-135 DD 0160 Measure H
18511 - Measure H - Fire Prevention
Bureau
Vehicles Greater than Capitalization
Threshold Exp $ 227,500 $ (153,000) $ 74,500
A budget adjustment of $153,000 is necessary to move discretionary budget savings to Appropriation A for underbudgeted salary and benefit expenses.
AT-135 DD 0160 Measure H
18511 - Measure H - Fire Prevention
Bureau Budget Only - Salary Adjustment - Increase Exp $ - $ 11,400 $ 11,400 AT-135 DD 0160 Measure H
18511 - Measure H - Fire Prevention
Bureau Budget Only - Benefit Adjustment - Increase Exp $ - $ 7,600 $ 7,600 AT-135 DD 0160 Measure H
18221 - Measure H - Emergency Medical
Services Response Budget Only - Salary Adjustment - Increase Exp $ - $ 80,400 $ 80,400 AT-135 DD 0160 Measure H
18221 - Measure H - Emergency Medical
Services Response Budget Only - Benefit Adjustment - Increase Exp $ - $ 53,600 $ 53,600 Total Changes for Fund 0160 $ 227,500 $ - $ 227,500
AT-123 OPMB 1180 Emergency Shelter Grant (ESG) 101592 - ESG FY24/25 42030 - Activity 1513 Rev $ 25,000 $ 2,000 $ 27,000 A budget adjustment is necessary to increase the revenue account to align with the grant award amount allocated for activity delivery. This adjustment will also correct AT-123 OPMB 1180 Emergency Shelter Grant (ESG) 101592 - ESG FY24/25 42030 - Activity 1515 Rev $ 36,000 $ 2,000 $ 38,000 AT-123 OPMB 1180 Emergency Shelter Grant (ESG) 101592 - ESG FY24/25 42030 - Activity 1516 Rev $ 40,000 $ 3,000 $ 43,000 AT-123 OPMB 1180 Emergency Shelter Grant (ESG) 101592 - ESG FY24/25 Direct Grants Exp $ 25,000 $ (1) $ 24,999 AT-123 OPMB 1180 Emergency Shelter Grant (ESG) 101592 - ESG FY24/25 Direct Grants Exp $ 37,069 $ 2 $ 37,071 AT-124 OPMB 1180 Emergency Shelter Grant (ESG) 101650 - ESG FY25/26 Direct Grants Exp $ 37,967 $ (1) $ 37,966 A budget adjustment is necessary to correct the negative task line balance on activity 1538 related to Admin costs.
AT-124 OPMB 1180 Emergency Shelter Grant (ESG) 101650 - ESG FY25/26 Services City Forces - Interfund Exp $ 11,827 $ 1 $ 11,828 AT-138 DD 1800
Economic Development/Strat Plan
Fund 101697 - Northpointe Apartments CS-CD Time and Materials Rev $ 25,000 $ 10,000 $ 35,000 A budget adjustment in the amount of $10,000 is necessary to increase the project budget for the Time and Materials for the Northpointe Apartments project. Developer funded.
AT-138 DD 1800
Economic Development/Strat Plan
Fund 101697 - Northpointe Apartments AuC - Professional Services Exp $ 17,500 $ 10,000 $ 27,500 Total Changes for Fund 1800 $ 255,363 $ 27,001 $ 282,364 AT-126 OPMB 1341 Grants - Op Grants Reimbursed
101588 - PW - Used Oil Payment
Program 14 Interest Revenue on Bank Account Rev $ - $ 1,713 $ 1,713 A budget adjustment of $1,713 is needed to recognize revenue received from interest and to program offsetting expenses in a like amount.
AT-126 OPMB 1341 Grants - Op Grants Reimbursed
101588 - PW - Used Oil Payment
Program 14 AuC - Professional Services Exp $ - $ 1,713 $ 1,713 Total Changes for Fund 1341 $ - $ 3,426 $ 3,426
AT-130 OPMB 1346 CED Grants Reimbursed 101736 - Clean California CCEP Direct Grants Exp $ 28,851 $ (14,425) $ 14,426 A budget adjustment is necessary to distinguish the costs for activity delivery and staff time. AT-130 OPMB 1346 CED Grants Reimbursed 101736 - Clean California CCEP Services City Forces - Interfund Exp $ - $ 14,425 $ 14,425 AT-130 OPMB 1346 CED Grants Reimbursed 101736 - Clean California CCEP Direct Grants Exp $ 73,133 $ (10,037) $ 63,096 AT-130 OPMB 1346 CED Grants Reimbursed 101736 - Clean California CCEP Services City Forces - Interfund Exp $ - $ 10,037 $ 10,037 Total Changes for Fund 1346 $ 101,984 $ - $ 101,984
AT-121 OPMB 1800
Economic Development /
Strategic Plan Fund 101738 - Oakdale and Claratina SPA CS-CD Time and Materials Rev $ - $ 25,000 $ 25,000 A budget adjustment in the amount of $25,000 is necessary to establish a project budget for the Time and Materials for the Oakdale Rd and Claratina Ave Tivoli SPA project. Developer funded. AT-121 OPMB 1800 Economic Development /
Strategic Plan Fund 101738 - Oakdale and Claratina SPA AuC - Professional Services Exp $ - $ 17,500 $ 17,500 AT-121 OPMB 1800
Economic Development /
Strategic Plan Fund 101738 - Oakdale and Claratina SPA AuC - Services City Forces - Interfund Exp $ - $ 7,500 $ 7,500 #5..
- 76 -
Department Director/Director of Office Performance and Budget (OPMB)/City Manager Approved Budget Adjustments - EXHIBIT B For FY2025/26
AT #
Approved
by CM,
Director
OPMB or
DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/TO Account
Current
Budget
Increase
(Decrease)
Revised
Budget Description
AT-122 OPMB 1800
Economic Development /
Strategic Plan Fund 101739 - Yosemite ANX and Rezone CS-CD Time and Materials Rev $ - $ 25,000 $ 25,000 A budget adjustment in the amount of $25,000 is necessary to establish a project budget for the Time and Materials for the Yosemite Blvd Annexation and Rezone project. Developer funded. AT-122 OPMB 1800 Economic Development /
Strategic Plan Fund 101739 - Yosemite ANX and Rezone AuC - Professional Services Exp $ - $ 17,500 $ 17,500 AT-122 OPMB 1800
Economic Development /
Strategic Plan Fund 101739 - Yosemite ANX and Rezone AuC - Services City Forces - Interfund Exp $ - $ 7,500 $ 7,500 AT-129 OPMB 1800
Economic Development /
Strategic Plan Fund 101742 - Carpenter Kansas Anx
CS-CD Time and Materials for Carpenter
Kansas Rev $ - $ 25,000 $ 25,000 A budget adjustment in the amount of $25,000 is necessary to capture the revenue deposited by the developer and expenses of the time and materials for the Carpenter Kansas Annexation. AT-129 OPMB 1800 Economic Development /
Strategic Plan Fund 101742 - Carpenter Kansas Anx Professional Services Exp $ - $ 17,500 $ 17,500 AT-129 OPMB 1800
Economic Development /
Strategic Plan Fund 101742 - Carpenter Kansas Anx Services City Forces - Interfund Exp $ - $ 7,500 $ 7,500 Total Changes for Fund 1800 $ - $ 150,000 $ 150,000
AT-141 OPMB 1850
Disability Access and Education
Fund
14250 - CED - Disability Access and
Education
CS-CD-AB1379 -State Mandated Fees for
CASP Rev $ 44,000 $ 2,000 $ 46,000 A budget adjustment of $2,000 is necessary to recognize revenue received and to budget offsetting expenses in a like amount.
AT-141 OPMB 1850
Disability Access and Education
Fund
14250 - CED - Disability Access and
Education Training Expenses Exp $ 1,800 $ 2,000 $ 3,800 Total Changes for Fund 1850 $ 45,800 $ 4,000 $ 49,800
AT-133 OPMB 3300 Measure L 101246 - Briggsmore-McHenry to Oakdale CTGY-CIP - Contingency Exp $ 400,323 $ (11,708) $ 388,615 A budget adjustment in the amount of $11,708 is necessary to redistribute budget from CTGY-CIP to EDA to cover overage. Adjustment will allow the project to be closed.
AT-133 OPMB 3300 Measure L 101246 - Briggsmore-McHenry to Oakdale EDA - Eng/Design/Admin Exp $ 375,425 $ 11,708 $ 387,133 AT-134 OPMB 3300 Measure L
101249 - Pelandale Neighborhood Pvmt
Maint CA - Construction Admin Exp $ 196,044 $ (3,546) $ 192,498 A budget adjustment in the amount of $3,546 is necessary to redistribute budget from CA to EDA to cover overage. Adjustment will allow the project to be closed.
AT-134 OPMB 3300 Measure L
101249 - Pelandale Neighborhood Pvmt
Maint EDA - Eng/Design/Admin Exp $ 345,880 $ 3,546 $ 349,426 Total Changes for Fund 3300 $ 1,317,672 $ - $ 1,317,672 AT-140 OPMB 3260 Enterprise Park 1998 CFD
14713 - CED - Enterprise Park 1998 CFD
Annexation, Formation, and Annual
Maintenance Professional Services Exp $ 4,000 $ 2,500 $ 6,500 A budget adjustment of $2,500 is necessary to increase the Professional Services Appropriation C account. The increase in budget will come from fund reserves.
Total Changes for Fund 3260 $ 4,000 $ 2,500 $ 6,500
AT-142 OPMB 3294
Village One #2 CFD 2014 Debt
Fund
14755 - CED - Village One #2 2014 Debt
Service Professional Services Debt Exp $ 1,200 $ 5,000 $ 6,200 A budget adjustment of $5,000 is necessary to increase the Professional Services Debt Appropriation C account. The increase in budget will come from fund reserves.
Total Changes for Fund 3294 $ 1,200 $ 5,000 $ 6,200
AT-131
AT-127
CM
CM
4112
4210
Water PCE Mitigation Site 1
Wastewater
100462 - Water PCE Mitigation Site 1
101740 - O2 Facility @ Thousand Oaks
LS
Professional Services
Total Changes for Fund 4112
AuC - Engineering/Design/Admin
Exp
Exp
$ 4,136,447
$ 4,136,447
$ -
$ 137,102
$ 137,102
$ 50,000
$ 4,273,549
$ 4,273,549
$ 50,000
A budget adjustment is necessary to increase the project budget by $137,102 for ongoing operation and testing for Long-term Soil Vapor Extraction System.
A budget adjustment is necessary in the amount of $50,000 to establish the initial project budget.
Total Changes for Fund 4210 $ - $ 50,000 $ 50,000
AT-139 OPMB 4892 Green Waste Fund 74892 - Transfer Out - Green Waste Fund Transfer Out to Fund 1341 TO $ - $ 2,122 $ 2,122 A budget adjustment is necessary to re-establish the transfer out from the Green Waste Fund to Grant Project 101440 - Cal Fire Urban Forestry Grant to satisfy the Grant's match requirement.
Total Changes for Fund 4892 $ - $ 2,122 $ 2,122
AT-006 OPMB 5120 Mail Services ISF Fund 05030 - CCO - Central Services Mail 45009 - Interfund Charges - Mail Services Rev $ 399,126 $ (202) $ 398,924 A budget adjustment is necessary to re-establish the transfer out from the Green Waste Fund to Grant Project 101440 - Cal Fire Urban Forestry Grant to satisfy the Grant's match requirement.
Total Changes for Fund 5120 $ 399,126 $ (202) $ 398,924 AT-006 OPMB 5310 Insurance Fund 17310 - HR - Risk Management 45013 - Interfund Charges - Premium
Assessments Rev $ 155,248 $ 332 $ 155,580
A budget adjustment is necessary to re-establish the transfer out from the Green Waste Fund to Grant Project 101440 - Cal Fire Urban Forestry Grant to satisfy the Grant's match requirement.
Total Changes for Fund 5310 $ 155,248 $ 332 $ 155,580
AT-006 OPMB 5510 EBF Leave Fund 17145 - HR - EB Leave Usage, City-Wide 45006 - Interfund Charges - EBF Leave
Accural Rev $ 495,499 $ 969 $ 496,468 A budget adjustment is necessary to reconcile ISF accounts with year-end actuals for FY 2026.
AT-006 OPMB 5510 EBF Leave Fund 17145 - HR - EB Leave Usage, City-Wide 45006 - Interfund Charges - EBF Leave
Accural Rev $ 496,468 $ 969 $ 497,437
Total Changes for Fund 5510 $ 991,967 $ 1,938 $ 993,905 AT-006 OPMB 5520 EBF Fund
17160 - HR - Employee Benefits
Administration
45013 - Interfund Charges - Premium
Assessments Rev $ 1,466,379 $ 4,379 $ 1,470,758 A budget adjustment is necessary to reconcile ISF accounts with year-end actuals for FY 2026.
AT-006 OPMB 5520 EBF Fund
17160 - HR - Employee Benefits
Administration
45013 - Interfund Charges - Premium
Assessments Rev $ 1,470,758 $ 4,014 $ 1,474,772
Total Changes for Fund 5520 $ 2,937,137 $ 8,393 $ 2,945,530 AT-143 OPMB 6490 Landscape Assessment District #2
80020 - Landscape Assessment District
#2 Professional Services
Total Changes for Fund 6490
Exp $ 1,000
$ 1,000
$ 10,500
$ 10,500
$ 11,500
$ 11,500
A budget adjustment of $10,500 is necessary to increase the Professional Services Appropriation C account. The increase in budget will come from fund reserves. #5..
- 77 -
Department Director/Director of Office Performance and Budget (OPMB)/City Manager Approved Budget Adjustments - EXHIBIT B For FY2026/27
AT #
Approved
by CM,
Director
OPMB or
DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/TO Account
Current
Budget
Increase
(Decrease)
Revised
Budget Description
AT-005 OPMB 0100 General Fund 06010 - AUD - City Auditor 51403 - Budget Only - Salary Adjustment -
Decrease EXP
$ - $ (187,544) $ (187,544) A budget adjustment is necessary to reduce Salaries and benefits by $248,683 and increase Operating by $250,000 to fund the Baker-Tilly annual contract for outside Auditing services for the City. AT-005 OPMB 0100 General Fund 06010 - AUD - City Auditor 51903 - Budget Only - Benefit Adjustment -
Decrease EXP $ - $ (61,139) $ (61,139)
AT-005 OPMB 0100 General Fund 06010 - AUD - City Auditor 53300 - Professional Services EXP $ - $ 250,000 $ 250,000 Total Changes for Fund 0100 $ - $ 1,317 $ 1,317
AT-009 OPMB 1341 Grants - Operation grants Reimb. 101555 - Urban Drought Relief AUC-Rebate EXP $ 800,000 $ (200,000) $ 600,000 This budget adjustment is necessary to pay for the construction contract for Phase 3 of the Turf Reduction Project, approved by Council 6/9/26 via resolution 2026-196.
AT-009 OPMB 1341 Grants - Operation grants Reimb. 101555 - Urban Drought Relief AUC-CON EXP $ 1,999,939 $ 200,000 $ 2,199,939 Total Changes for Fund 1341 $ 2,799,939 $ - $ 2,799,939 AT-008 OPMB 1342 Police Grants Fund 101753 - 26/27 BHRS Party Patrol Grant 42503 - Intergov - Other Misc
Grants/Donation Rev
$ - $ 10,000 $ 10,000
A budget adjustment for $10,000 is needed to program revenue and offsetting expenses for the 2026- 2027 BHRS Party Patrol Grant in the amount of $10,000. This action will establish the budget for the grant which will be used to fund overtime expenses associated with the performance of Party Patrol, Shoulder Tap and Minor Decoy operations in partnership with other Stanislaus County law enforcement agencies to deter youth and adults from hosting underage drinking parties and providing alcohol to minors. AT-008 OPMB 1342 Police Grants Fund 101753 - 26/27 BHRS Party Patrol Grant Police Overtime Exp $ - $ 10,000 $ 10,000
AT-010 OPMB 1342 Police Grants Fund 101754 - 26/27 Cannbis Tax Grant 42199 - State Misc Grants Rev $ - $ 50,000 $ 50,000 A budget adjustments is needed in the amount of $50,000 to create a new project budget for the 101754 FY26/27 CTFGP Law Enforcement Grant. The adjustment will recognize grant revenue and establish the discretiionary expenditure accounts. The Modesto Police Department was awared the grant from the Department of California Highway Patrol per Award# 30919.
AT-010 OPMB 1342 Police Grants Fund 101754 - 26/27 Cannbis Tax Grant 51200 - Police Overtime Exp $ - $ 50,000 $ 50,000
AT-012 OPMB 1342 Police Grants Fund 101626 - 24/25 SLESF 52300 - Tools & Field Supplies less than Cap
Threshold Exp $ 483,241 $ 13,336 $ 496,577 A budget adjustment in the amount of $13,336 is needed to set up the accounting structure to recognize SLESF revenue received and to program offsetting expenses in a like amount AT-012 OPMB 1342 Police Grants Fund 101626 - 24/25 SLESF 48010 - Interest Revenue Rev $ 4,008 $ 13,336 $ 17,344 AT-013 OPMB 1342 Police Grants Fund 101539 - 23/24 SLESF 52300 - Tools & Field Supplies less than Cap
Threshold Exp $ 714,812 $ 17,740 $ 732,552 A budget adjustment in the amount of $17,740 is needed to set up the accounting structure to recognize SLESF revenue received and to program offsetting expenses in a like amount AT-013 OPMB 1342 Police Grants Fund 101539 - 23/24 SLESF 48010 - Interest Revenue Rev $ 38,022 $ 17,740 $ 55,762 Total Changes for Fund 1342 $ 1,240,083 $ 182,152 $ 1,422,235 AT-004 OPMB 4212 Wastewater PCE Mitigation 100668 - WW PCE Mitigation Site 1 Appr Unit C Total Changes for Fund 4212
Exp $ 2,330,724
$ 2,330,724
$ 135,179
$ 135,179
$ 2,465,903
$ 2,465,903
A budget adjustment is needed to increase Project Budget Approved by City Attorney's Office, Tetra Tech Proposal Dated March 17, 2026
#5..
- 78 -
Fiscal Year 2026-2027 Position Allocation Changes
Dept OPN QTY Request Position Current Division
Current
CC#
Division
Moving To
CC# Moving
To
Filled/
Vacant
CCO 0472 1 Reallocate/ Reclass Administrative Office Assistant II to Administrative Office Assistant II- Confidential Administrative Office Assistant II- Confidential CCO. Central Services Mail 05030 CCO.City Clerk's Office 05010 Filled ENG 0143 1 Eliminate Senior Civil/Traffic Engineer Senior Civil/Traffic Engineer ENG.Transportation Engineering and Design 13220 N/A N/A Vacant ENG 0462 1 Move Cost Center City Engineer ENG.Land Development Engineering 13120 ENG.Transportation Engineering and Design 13220 Vacant
ENG 1237 1 Move Department and Cost Center from Utilities to Engineering Engineering Division Manager UTL.Capital Improvement Services 42300 ENG.Capital Improvement Services 13401 Vacant
ENG 0391 1 Move Department and Cost Center from Utilities to Engineering Administrative Office Assistant III UTL.Capital Improvement Services 42300 ENG.Capital Improvement Services 13401 Filled
ENG 0438 1 Move Department and Cost Center from Utilities to Engineering Administrative Services Technician UTL.Capital Improvement Services 42300 ENG.Capital Improvement Services 13401 Filled
ENG 0289 1 Move Department and Cost Center from Utilities to Engineering Administrative Analyst I/II UTL.Capital Improvement Services 42300 ENG.Capital Improvement Services 13401 Filled
ENG 0140 1 Move Department and Cost Center from Utilities to Engineering Senior Civil/Traffic Engineer UTL.Water Design 42024 ENG.Water Engineering Design 13403 Filled
ENG 0151 1 Move Department and Cost Center from Utilities to Engineering Associate Civil/ Traffic Engineer UTL.Water Design 42024 ENG.Water Engineering Design 13403 Filled
ENG 0152 1 Move Department and Cost Center from Utilities to Engineering Associate Civil/ Traffic Engineer UTL.Water Design 42024 ENG.Water Engineering Design 13403 Filled
ENG 0223 1 Move Department and Cost Center from Utilities to Engineering Engineering Assistant I/II UTL.Water Design 42024 ENG.Water Engineering Design 13403 Filled
ENG 0229 1 Move Department and Cost Center from Utilities to Engineering Engineering Assistant I/II UTL.Water Design 42024 ENG.Water Engineering Design 13403 Filled
ENG 0039 1 Move Department and Cost Center from Utilities to Engineering Engineering Project Coordinator UTL.Water Design 42024 ENG.Water Engineering Design 13403 Filled
ENG 0139 1 Move Department and Cost Center from Utilities to Engineering Senior Civil/Traffic Engineer UTL.Wastewater Design 42026 ENG.Wastewater Engineering Design 13402 Vacant
ENG 0153 1 Move Department and Cost Center from Utilities to Engineering Associate Civil/ Traffic Engineer UTL.Wastewater Design 42026 ENG.Wastewater Engineering Design 13402 Filled
ENG 0163 1 Move Department and Cost Center from Utilities to Engineering Associate Civil/ Traffic Engineer UTL.Wastewater Design 42026 ENG.Wastewater Engineering Design 13402 Vacant
ENG 0154 1 Move Department and Cost Center from Utilities to Engineering Associate Engineer UTL.Wastewater Design 42026 ENG.Wastewater Engineering Design 13402 Vacant
ENG 0230 1 Move Department and Cost Center from Utilities to Engineering Engineering Assistant I/II UTL.Wastewater Design 42026 ENG.Wastewater Engineering Design 13402 Filled
UTL 0069 1 Reallocate/ Reclass Utilities Dispatch Supervisor to Water Services Dispatch Supervisor Water Services Dispatch Supervisor UTL.Water Services Administration 45010 N/A N/A Filled #5..
- 79 -
Classification Plan Amendments
FY 2025/2026
QTY Dept OPN Position Title Description of Adjustment
Salary Range
Assignment Division Cost Center
1.00 UTL 0069 Water Services Dispatch Supervisor Create new job specification, add to class plan 434 UTL.Water Services Administration 45010 #5..
- 80 -
CITY OF MODESTO
No. XXXX
WATER SERVICES DISPATCH SUPERVISOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
DEFINITION
To plan, organize, direct, and supervise all functions of the Dispatch and Customer Services Unit of the Water Operations Division; and to perform a variety of technical tasks related to assigned area of responsibility.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from higher level management or department head staff.
Exercises direct and/or supervision over operations and maintenance and administrative support staff.
ESSENTIAL AND MARGINAL FUNCTION STATEMENTS – Essential and other important responsibilities and duties may include, but are not limited to, the following:
Essential Functions:
Recommend and assist in the implementation of goals and objectives; establish schedules and methods for processing and maintaining records and reports; implement policies and procedures.
Perform a wide variety of complex, responsible and confidential duties for the management staff in the Water Operations Division.
Manage Water Division’s daily operations related to water utility billing accounts, ensuring accurate service delivery, and billing processes. Engage directly with field supervisors and customers to evaluate water service issues, resolve billing concerns and address escalated complaints.
Plan, prioritize, assign, supervise, and review the work of the staff in the Dispatch and Customer Services Unit
Plan, manage, and oversee technical projects related to water metering systems, including coordination of installation schedules with field supervisors, staffing, budget planning, inventory management, and mapping.
#5..
- 81 -
CITY OF MODESTO
Water Services Dispatch Supervisor
Manage multiple software systems for Water Division operations and serve as system administrator for the Meter Reading Analytics platform, ensure smooth integration with the Utility Billing system and oversee critical daily meter read operations.
Coordinate with internal teams to support regulatory data needs and ensure accurate reporting for multiple water systems.
Interpret City policies, procedures, laws, and regulations in response to inquiries and complaints; refer inquiries as appropriate to proper departments.
Participate and assist in the administration of the department; prepare comprehensive reports and compile information to be used in special projects and reports.
Participate in water resource studies to support long-term water supply planning and demand management efforts.
Manage, organize, supervise, and review the work of staff engaged in permitting and other administrative duties associated with development services of new water permits for commercial and residential connections, water line and hydrant installations, fire service lines, and pavement replacement.
Develop and manage scheduling plans to coordinate projects with contractors and field construction supervisors.
Participate in recommending the appointment of personnel; provide or coordinate staff training; work with management staff to correct deficiencies; implement discipline procedures; recommend employee terminations.
Assist in budget preparation and implementation; participate in the forecast of additional funds needed for staffing, equipment, materials, and supplies; administer the approved budget.
Assist in the development and implementation of dispatch systems and reporting procedures.
Review, develop, and modify dispatch control methods to improve existing procedures; ensure conformity to policy and increase effectiveness.
Independently respond to letters and general correspondence of a routine nature.
Research, compile, and analyze data for special projects and various reports.
Provide a full range of administrative services to department management staff; perform board, commission, and committee support duties, as assigned. #5..
- 82 -
CITY OF MODESTO
Water Services Dispatch Supervisor
Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.
Observe and maintain a safe working environment in compliance with established safety programs and procedures.
Marginal Functions:
Performs related duties as assigned.
MINIMUM QUALIFICATIONS
Knowledge of:
Principles and practices of administrative support activities.
Customer relations practices and techniques.
English usage, spelling, grammar, and punctuation.
Business letter writing and report preparation and technical report writing.
Principles and procedures of record keeping.
Principles and practices of effective employee supervision, including selection, training, work evaluation, and discipline.
Principles and practices of organization and public administration.
Pertinent federal, state, and local laws, codes, and regulations.
Safe work practices and regulations.
Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.
Ability to:
Organize, implement, and direct administrative support operations and activities.
Interpret and apply federal, state, and local policies, procedures, laws, codes, and regulations.
Develop and recommend policies and procedures related to assigned operations. #5..
- 83 -
CITY OF MODESTO
Water Services Dispatch Supervisor
Perform responsible work involving the use of independent judgement and person initiative.
Understand the organization and operation of the City as necessary to assume assigned responsibilities.
Analyze problems, identify options, project consequences of proposed actions, and recommend changes in policies and procedures.
Compile and maintain complex and extensive records and prepare routine reports.
Work with and control sensitive, confidential information.
Supervise, train, and evaluate assigned staff.
Establish and maintain effective working relationships with those contacted in the course of work.
Communicate clearly and concisely, both orally and in writing.
Operate office equipment including computers and supporting word processing, spreadsheets, and databases.
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:
Three years of progressively responsible administrative and analytical experience, involving financial record keeping, customer service, and operation coordination, including one year of direct supervisory responsibility. Previous work experience in a public or private water utility is desirable.
Training:
Equivalent to an associate degree from an accredited college or university with major course work in business management, business administration, finance, accounting or a related field.
License or Certificate:
Possession of, or the ability to obtain, a valid California driver’s license. #5..
- 84 -
CITY OF MODESTO
Water Services Dispatch Supervisor
PHYSICAL AND MENTAL REQUIREMENTS
Mobility: frequent use of keyboard; frequent sitting for long periods of time; occasional bending or squatting. Lifting: frequently up to 10 pounds; occasionally up to 25 pounds. Vision: constant use of overall vision; frequent reading and close-up work; occasional color and depth vision. Dexterity: frequent repetitive motion; frequent writing; frequent grasping, holding, and reaching. Hearing/Talking:
frequent hearing and talking, in person and on the phone.
Emotional/Psychological: frequent decision-making and concentration; frequent public and/or coworker contact; occasional working alone. Environmental: frequent exposure to noise.
WORKING CONDITIONS
Work is performed in a typical temperature-controlled office environment subject to typical office noise and environment. Some positions may be assigned to remote locations. Positions may require occasional overtime or weekend work and travel is rare.
Class Spec History
Adopted 10/01
Revised 07/15, 07/19,
06/20, 7/26
BU Mgt/Conf NS
#5..
- 85 -
CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
August 24, 2026
Date: July 15, 2026
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rose Escutia-Braaton, Committee Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Ordinance to Repeal and Replace Certain Articles of Chapter 2 “Vehicle and Traffic Regulations”, Title 3 “Public Safety” of the Modesto Municipal Code related to the management and enforcement of parking CONTACT: Jeni Martin, Revenue Collection and Compliance Manager, [email protected], 209-571-5892
DESCRIPTION:
Consider an Ordinance to repeal and replace certain Articles of Chapter 2 “Vehicle and Traffic Regulations”, Title 3 “Public Safety” of the Modesto Municipal Code related to the management and enforcement of parking in the City of Modesto and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2025-26 Strategic Plan’s Service Delivery Goals and Strategies – Build a high-performing organization by adopting a more efficient and professional process.
BACKGROUND:
City staff have explored strategies to improve the management and enforcement of parking in Downtown Modesto since 2006. Since 2020, parking enforcement has involved three (3) City Departments: Public Works, Finance Department, and the Modesto Police Department (MPD).
#6..
- 86 -
Finance Committee, August 24, 2026
Ordinance to Repeal and Replace Certain Articles of Chapter 2 “Vehicle and Traffic Regulations”, Title 3 “Public Safety” of the Modesto Municipal Code related to the management and enforcement of parking
On February 4, 2020, under Resolution No. 2020-071, City Council approved the transition of parking enforcement responsibilities from MPD to Public Works. Public Works has provided parking enforcement in Downtown Modesto, including maintaining and monitoring seven (7) surface lots and three (3) garages, while MPD provides parking enforcement throughout the City. The divided responsibilities of parking enforcement have resulted in inconsistent enforcement leading to limited citation revenue and an expectation from the community that the City of Modesto does not consistently enforce parking. To provide consistent enforcement that incorporates all parking enforcement areas, starting July 1, 2026, the parking enforcement program was consolidated and returned to the MPD.
DISCUSSION:
By repealing and replacing certain Articles of Chapter 2 “Vehicle and Traffic Regulations” of Title 3 “Public Safety” of the Modesto Municipal Code, staff will be able to address those sections that identify individual positions that have enforcement authority. Some of the changes include the following:
• Allow for the transfer of enforcement duties from the Parking Services Division of the Public Works Department to the MPD
• Updating the Modesto Municipal Code to align with the California Vehicle Code • Modernize the Modesto Municipal Code to include electric vehicles • Include new definitions to define key terms and establish a clear interpretation by staff and the public
• Identify the Engineering Department’s role in establishing loading and unloading zones, parking zones, and signage.
In addition to updating the language for enforcement authority, the proposed ordinance revisions include adding minor modifications to existing definitions and violations, and language cleanup to reflect changes in law.
FISCAL IMPACT:
The fiscal impact is unknown at this time. The General Fund will receive all revenues associated with the fines from the codes which the City was unable to enforce as they were not clearly defined. For the codes that have been enforced, below is a summary of the last five (5) years of revenues received:
Issuing Dept. 2021-22 2022-23 2023-24 2024-25 2025-26 Total Police Dept. $85,303 $94,364 $88,526 $186,479 $178,996 $633,668 Public Works $379,649 $404,166 $336,897 $298,867 $292,107 $1,741,686 Total $464,952 $498,530 $455,423 $485,346 $471,103 $2,375,354 #6..
- 87 -
Finance Committee, August 24, 2026
Ordinance to Repeal and Replace Certain Articles of Chapter 2 “Vehicle and Traffic Regulations”, Title 3 “Public Safety” of the Modesto Municipal Code related to the management and enforcement of parking
CEQA/NEPA REQUIREMENTS:
This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Motion recommending an Ordinance repealing and replacing Articles 1, 2, 10, 11, 12, 17 and 20 of Chapter 2 “Vehicle and Traffic Regulations” of Title 3 “Public Safety” of the Modesto Municipal Code related to the management and enforcement of parking and forwarding to Council for approval.
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Ordinance
2. Redline Changes to Chapter 2 “Vehicle and Traffic Regulations” of Title 3 “Public Safety” of the Modesto Municipal
#6..
- 88 -
ORDINANCE NO. _____
AN ORDINANCE REPEALING AND REPLACING ARTICLES 1, 2,
10, 11, 12, 17 AND 20 OF CHAPTER 2 “VEHICLE AND TRAFFIC REGULATIONS” OF TITLE 3 “PUBLIC SAFETY” OF THE
MODESTO MUNICIPAL CODE RELATED TO THE MANAGEMENT
AND ENFORCEMENT OF PARKING
WHEREAS, City staff have explored strategies to improve the management and enforcement of parking in Downtown Modesto since 2006; and WHEREAS, on February 4, 2020, under Resolution No. 2020-071, City Council approved the transition of parking enforcement responsibilities from MPD to Public Works; and
WHEREAS, Public Works has provided parking enforcement in Downtown Modesto, including maintaining and monitoring seven surface lots and three garages, while MPD provides parking enforcement throughout the City; and WHEREAS, the divided responsibilities of parking enforcement have resulted in inconsistent enforcement leading to limited citation revenue and an expectation from the community that the City of Modesto does not consistently enforce parking; and
WHEREAS, to provide consistent enforcement that incorporates all parking enforcement areas, starting July 1, 2026, the parking enforcement program was consolidated and returned to the MPD; and
WHEREAS, by repealing and replacing certain Articles of Chapter 2 “Vehicle and Traffic Regulations” of Title 3 “Public Safety” of the Modesto Municipal Code, staff will be able to address those sections that identify individual positions that have enforcement authority; and #6..
- 89 -
WHEREAS, in addition to updating the language for enforcement authority, the proposed ordinance revisions include adding minor modifications to existing definitions and violations, and language cleanup to reflect changes in law.
NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:
SECTION 1. REPEAL AND REPLACEMENT
Articles 1, 2, 10, 11, 12, 17 and 20 of Chapter 2 “Vehicle and Traffic Regulations” of Title 3 “Public Safety” of the Modesto Municipal Code, are hereby repealed and replaced with the following.
Article 1. Words and Phrases Defined
3-2.101 Definitions of Words and Phrases.
(a) The words and phrases used in this chapter shall have the meanings respectively ascribed to them in this article. (b) Whenever any words or phrases used in this chapter are not defined herein but are now or hereafter defined in the Vehicle Code of the State of California, such definitions are incorporated herein and shall be deemed to apply to such words and phrases used herein as though set forth herein in full. 3-2.102 Alleyway.
“Alleyway” means a public right-of-way for the use of pedestrians and vehicles which serves or is designed to serve as the secondary means of access to abutting property.
3-2.103 Block Face.
“Block Face” means the portion of a street between two intersecting streets located on one side of a roadway.
3-2.104 Bus.
“Bus” means a vehicle designed, used, or maintained for carrying more than 10 passengers, including the driver, which is used as a transport of passengers.
#6..
- 90 -
3-2.105 Bus Loading Zone.
“Bus loading zone” means the space adjacent to a curb or edge of a roadway reserved for the exclusive use of vehicles operated by a public carrier during the loading or unloading of passengers.
3-2.106 City Manager.
“City Manager” means the City Manager or designee of the City of Modesto.
3-2.107 Commercial Loading Zone.
A portion of a street, public right-of-way, or parking facility designated as a Commercial loading zone marked with yellow markings or curb paint, and signage identifying the area as a Commercial loading zone, including permitted hours, time limitations, and authorized vehicle classifications and requirements. 3-2.108 Commercial Vehicles.
”Commercial Vehicle” means any vehicle with more than three (3) wheels that satisfies all of the following criteria:
1. Registration. The vehicle is registered with the Department of Motor Vehicles as a commercial vehicle.
2. License Plates. The vehicle displays commercial license plates as defined in California Vehicle Code Section 260.
3. Business Identification. The vehicle clearly displays the name of the business or commercial entity operating the vehicle.
4. Use. The vehicle is used for transportation of goods, materials, merchandise, equipment, or cargo transported in bulk. 3-2.109 City Council.
The Council of the City of Modesto.
3-2.110 Construction Zone.
"Construction zone" means any area on a street which is designated for the exclusive use of construction activities, including parking. 3-2.111Curb.
#6..
- 91 -
The lateral boundary of the roadway whether such curb be marked by curbing construction or not so marked. The word "curb" as herein used shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights-of-way of public utility companies. 3-2.112 Director of Public Works.
"Director of Public Works" means the Director of Public Works or designee of the City of Modesto.
3-2.113 Electric Vehicle.
“Electric Vehicle” means a vehicle that operates, either partially or exclusively, on electric energy from the electrical grid, or from an off-grid source, which is stored on board for motive power, and that produces no tailpipe or evaporative emissions.
3-2.114 Electric Vehicle Charging Station.
“Electric Vehicle Charging Station” means equipment that has as its primary purpose which is to transfer electric energy to a battery or other onboard energy-storage device of an electric vehicle.
3-2.115 Freight.
“Freight” means goods, materials, merchandise, equipment, or cargo transported in bulk.
3-2.116 Holidays.
For the purpose of this chapter only, holidays shall be as specified in Section 6700 of the California Government Code, as the same now exists or may hereafter be amended.
3-2.117 Interstate Truck Route.
A street upon which a vehicle or combination of vehicles authorized by Vehicle Code Section 35401.5 may operate.
3-2.118 Loading Zone.
The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. 3-2.119 Official Time Standard.
#6..
- 92 -
Whenever certain hours are named herein, they shall mean standard time or daylight savings time as may be in current use in the City. 3-2.120 Parking Permit.
“Parking Permit” means any physical or electronic authorization issued or recognized by the City for parking purposes, including permits issued through license plate recognition systems or digital parking management systems. 3-2.121 Parking Space.
A parking space is a space which is duly designated on-street or off-street for the parking of a single vehicle that is marked by lines painted or otherwise durably marked on the pavement, curb or on the surface of a lot, garage or public street.
3-2.122 Parking Meter.
A mechanical device or machine installed or placed within or upon a surface lot, curb or sidewalk area, placed immediately adjacent to or within the established a parking space or parking zone, for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle is permitted.
3-2.123 Parking Payment Device.
Any device used to accept payment for parking, such as parking meters, pay station kiosks, mobile devices, or other methods approved by the Public Works Director.
"Pay-by-space/pay-and-display machine" or "pay station" means any mechanical/electronic device or mechanism not inconsistent with this title placed or erected for the control or regulation of multiple parking meter spaces by the authority of this title.
3-2.124 Parking Signage.
Signage that aids in the management and control of the parking and loading of vehicles on City streets or other rights-of-way and that designates that parking or loading on a specific block face, or portion thereof, requires time limits and/or requires payment for such use either at a parking payment device or via mobile device or other approved method or device approved by the Public Works Director.
#6..
- 93 -
3-2.125 Parkway.
That portion of public land between the sidewalk and the street or roadway.
3-2.126 Passenger Loading Zone.
“Passenger Loading Zone” shall mean a space adjacent to a curb or edge of the roadway, indicated by a white-painted curb and official signage reserved for the exclusive use of vehicles during the active loading or unloading of passengers
3-2.127 Pick Up.
To take aboard a load or cargo of the type or kind that said vehicle is designed to haul.
3-2.128 Police Officer.
"Police Officer" is every sworn officer of the Police Department of the City, or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
3-2.129 Parking.
"Parking" "park" or "standing" means to stop, or allow to stand, any vehicle, whether occupied or not, otherwise than: (1) in obedience to an official traffic control device, (2) by direction of traffic control personnel, or (3) temporarily for the purpose of, and while actively engaged in, loading and unloading of merchandise or passengers.
(a) A vehicle shall be considered “parked” or “left standing” if it has not been moved more than one (1) block under its own power from its original stopped, parked or standing location. For the purpose of this section a “block” means the segment of the street adjacent to an intersection or the segment between an intersection and the final point of the street. A vehicle that vacates a parking space may not return to park within the same block, block face or designated parking zone on the same calendar day, or within any time restriction specified when indicated by posted signage or regulations. 3-2.130 Parking Enforcement Officer.
"Parking Enforcement Officer" means an authorized official of the City who directs traffic and enforces parking and vehicle code regulations related to the #6..
- 94 -
stopping standing and parking of vehicles pursuant to the provisions of this Code and the California Vehicle Code.
3-2.131 Parking Penalty.
"Parking Penalty" shall mean any fine authorized by law and this Code, including authorized assessments, late penalty, administrative and collection fees.
3-2.132 Public Parking Facility.
Any building, structure, lot, space or area within the City now or hereafter used for off-street parking of vehicles by members of the public, and owned or operated for such use by the City.
3-2.133 Truck Route.
A street, avenue or thoroughfare over and upon which vehicles designed or used for the transportation of commodities or materials may be driven and operated regardless of weight and size of said vehicles; provided said vehicles do not exceed the size and weight of vehicles permitted by state law to be driven upon or over highways and streets within the State of California. 3-2.134 Taxicab and Transportation Network Company (TNC) Zone. "Taxicab or TNC zone" means the spaces adjacent to a curb reserved exclusively for the legal parking of taxicabs and transportation network companies while awaiting hire. All such zones shall be indicated by painting the curb yellow on white with a legend "Taxicab" or "App Ride/TNC Zone" thereon and a sign posted indicating the same.
3-2.135 Taxicabs and Transportation Network Company (TNC) Vehicles. (a) Transportation network companies (TNC) provide application dispatch services (technology that allows consumer to directly request dispatch of for-hire drivers for trips via the internet using mobile interfaces such as smartphone applications), to connect drivers with passengers for transportation services.
(b) No owner or driver of any taxicab or TNC vehicle shall park or stand the same upon any public highway or the street for a period of time longer than is necessary to discharge or receive passengers then occupying or then waiting for such taxicab or TNC vehicle. The City Traffic Engineer is authorized to install signage within commercial loading zone spaces permitting the active loading and unloading of passengers from taxicab and TNC vehicles during non- #6..
- 95 -
commercial loading hours. When appropriate signs are in place indicating such, the space may not be utilized for the stopping or standing of other vehicles. 3-2.136 Vehicle Code.
Vehicle Code means the Vehicle Code of the State of California.
Article 2. Enforcement and Obedience to Parking and Traffic Regulations 3-2.201 Authority of Police, and Fire Department Officials, and Director of Public Works.
(a) It shall be the duty of the officers of the Police Department or such officers as are assigned by the Chief of Police to enforce all street traffic laws of the City and all of the State vehicle laws applicable to street traffic in the City. (b) Members of the Police Department or such officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand or other signal in conformance with traffic laws, provided that in the event of a fire or other emergency, or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require, notwithstanding the provisions of the traffic laws.
(c) Members of the Fire Department, when at the scene of a fire or when in the course of their duties they are protecting the personnel or equipment of the Fire Department, may direct or assist the police in directing traffic. (d) The Chief of Police or his or her designee may temporarily close a portion of any street when the closing is necessary for the safety and protection of persons who are using that street or to safeguard the property and persons or citizens.
(e) Non-sworn employees of the City, when designated by the Chief of Police, shall enforce those provisions of this chapter and the Vehicle Code relating to standing or parking of vehicles.
3-2.202 Parking Penalty Provisions.
(a) Intent. It is the intent of the Modesto City Council to exercise its full authority granted by California Vehicle Code Section 40203.5(a), to establish a schedule of parking penalties for parking violations. Penalties may include the base fine, late payment fees, administrative fees, collection costs and other related charges, in addition to all state mandated fees. A violation of any provision of this chapter is subject to a civil penalty under the provisions of this #6..
- 96 -
title and the violator shall be required to pay the penalty listed on the City’s schedule of parking penalties. Any surcharges or assessments that are mandated by state law shall be added to the civil penalty imposed for the violation. Additionally, when a hold on a vehicle registration renewal is imposed due to delinquency of the violation, the penalty shall increase by the amount imposed by the California Department of Motor Vehicles. (b) Establishment of Penalties and Fees.
Subject to any limitations imposed by state law, the City Council shall, by resolution, establish parking penalties, late payment fees, administrative fees, and collection costs applicable to parking violations. The City Manager is authorized to amend the schedule of parking penalties to incorporate any changes to state-mandated surcharges, fees or fines related to the provisions of the California Vehicle Code for violations that can be issued on a notice of parking violation.
3-2.203 Administrative Fee.
"Administrative Fee" means the administrative fee authorized by California Vehicle Code section 40226, as may be amended, that may be imposed in lieu of the parking penalty, to process cancellation of a Notice of Parking Violation issued for failure to display a valid disabled person parking placard, when the citation recipient provides satisfactory proof that a valid disabled person parking placard had been issued and was valid at the time the citation was issued. The administrative fee shall not exceed the amount authorized by California Vehicle Code section 40226.
3-2.204 Persons other than Officials Shall Not Direct Traffic.
Except for City employees performing a duty within the scope of their employment which necessitates the direction of traffic, no person other than an officer of the Police Department or a person deputized by the Chief of Police, or a person authorized to do so by a police officer in an emergency, or a person authorized by law, shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate when and as herein provided any mechanical pushbutton signal erected by order of the Director of Public Works. 3-2.205 Exemptions to Certain Vehicles.
(a) The provisions of this chapter regulating the operation, parking or standing of vehicles shall not apply to any vehicle of the police or fire department, any public ambulance or any public utility vehicle when operated as authorized by the Vehicle Code in response to an emergency call.
#6..
- 97 -
(b) The provisions of this chapter regulating the parking or standing of vehicles shall not apply to any vehicle operated by a City department or public utility while actively engaged in construction or repair work upon, in, over, under or adjacent to a street or highway. These provisions also do not apply to any vehicle owned by the United States Postal Service while in use for the collection, transportation or delivery of United States mail.
3-2.206 Report of Damage to Certain Property.
(a) The driver of a vehicle involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including but not limited to any fire hydrant, telephone pole, electric light or power pole, or resulting in damage to any tree, traffic-control device or other property of a like nature located in or along any street, shall within twenty-four (24) hours after such accident make a written report of such accident to the Police Department of the City.
(b) Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person driving or in charge of such vehicle, the license number of every such vehicle, and shall briefly describe the property damaged in such accident. (c) A driver involved in an accident shall not be subject to the requirements or penalties of this section if and during the time such driver is physically incapable of making a report, but in such event said driver shall make a report as required in subsection (a) of this section within twenty-four (24) hours after regaining ability to make such report.
Article 10. Stopping, Standing and Parking
3-2.1001 Application of Regulations.
(a) The provision of this article prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.
(b) The provisions of this article imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code of the State of California or this Code prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.
#6..
- 98 -
3-2.1002 Use of Streets for Storage of Vehicles Prohibited. (a) The Council finds that the use of streets for storage of vehicles, including a recreational vehicle, travel trailer, mobile home, boat trailer, bus, semi, house car, utility trailer and camper whether attached to another vehicle or separate, in order to avoid removal as a stored vehicle presents risk to the public health, safety and general welfare.
(b) In the event a vehicle is parked or left standing upon a street, alley or public parking facility in excess of a consecutive period of seventy-two (72) hours, any member of the Police Department or a Parking Enforcement Officer, may remove said vehicle in the manner and subject to the requirements of the Vehicle Code Section 22651.
3-2.1003 Parking for Certain Purposes Prohibited.
(a) Repealed.
(b) No person shall park a vehicle upon any roadway located in a commercial or industrial zone for the principal purpose of washing, greasing or repairing such vehicle except for repairs necessitated by an emergency. 3-2.1004 Stopping, Standing or Parking in Alleys.
No person shall stop, stand or park a vehicle in any alley, except when authorized by signs erected by the City. When an alley is posted with such signs allowing stopping, standing, or parking for the purpose of loading or unloading of passengers or materials, such activity shall not consume more than three (3) minutes when loading or unloading passengers, and twenty (20) minutes when loading or unloading materials provided that such activity does not impede traffic circulation or restrict emergency access through alleys. The driver must always remain with the vehicle. This section shall not apply to an alley where parking is prohibited.
3-2.1005 Parallel and Angle Parking.
(a) No person shall park a vehicle on the left-hand side of a two (2) way street facing against the flow of traffic.
(b) Subject to other and more restrictive limitations, a vehicle stopped or parked upon a roadway shall be stopped or parked with the right-hand wheels of the vehicle parallel to, and within eighteen (18) inches of, the right-hand curb or the right-hand edge of the class IV bikeway, except that a motorcycle shall be parked with at least one (1) wheel or fender touching the right-hand curb or edge.
If no curbs, barriers, or Class IV bikeways bound a two-way roadway, right-hand parallel parking is required unless otherwise indicated. #6..
- 99 -
(c) The Council is hereby authorized by resolution to determine the streets upon which and the hours during which angle parking shall be permitted either exclusively or in conjunction with parallel parking, which regulations shall become effective when appropriate signs or marking are in place giving public notice thereof. On those streets upon which angle parking exclusively is authorized, such fact shall be indicated by the painting of white lines upon the surface of the roadway indicating angle parking. On such streets, vehicles shall be parked at the angle to the curb of the roadway with at least one (1) front wheel within eighteen (18) inches of the curb. On those streets upon which combination parallel and angle parking is authorized, such fact shall be indicated by the posting of signs giving public notice thereof. On such streets, vehicles shall be parked as indicated by such signs.
3-2.1006 Parking of Commercial Vehicles and Buses Prohibited in Residential Districts.
No person shall park or leave standing any commercial vehicle, as defined in the Vehicle Code of the State of California, upon any street within any residential district of the City, if such vehicle has a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more, for any purpose other than making pickups or deliveries of persons, goods, wares and merchandise from or to any building or structure, located on such street or for any purpose other than delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such street for which a building permit has previously been obtained. A residential district of the City is any area of the City which is classified as residential under the provisions of the zoning regulations of this Code.
3-2.1007 Stopping or Parking Prohibited; Signs or Markings Required.
The Director of Public Works may appropriately sign or mark or cause to be signed or marked any place where said Director determines that it is necessary in order to eliminate dangerous traffic hazards, and when so signed or marked, no person shall stop, stand or park a vehicle in any of said places. 3-2.1008 Emergency—Temporary No Parking Signs.
(a) When the Director of Public Works determines that an emergency traffic congestion is likely to occur as a result of the holding of public or private events, assemblages gatherings, functions, or for other reasons, the Director of Public Works shall have the authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited or restricted on such streets or alleys as the Director designates, for the dates and times specified.
#6..
- 100 -
Such temporary signs shall be erected or posted, inspected and documented by a City- designated representative at least seventy-two (72) hours prior to the effective date and time of the restrictions. The signs shall remain in place only for the duration of such emergency, and said designee shall verify that such signs are removed promptly thereafter.
(b) When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle in violation of the directions and provisions stated on such signs. 3-2.1009 Parking Upon Traffic Counters Prohibited.
No vehicle shall be parked on or over any mechanical traffic counter or road tube used for the purpose of taking a traffic count when signs have been erected giving notice thereof.
3-2.1010 Driving or Parking on Parks, Playgrounds and City Property. (a) No person shall drive or park any motor vehicle upon any public park, playground or other City property except on streets, alleys, thoroughfares or parking lots and areas provided for such purposes.
(b) No person shall stop, stand or park a motor vehicle upon any public park, playground or other City property outside of the designated parking area(s). (c) No person shall park a vehicle on that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
3-2.1011 Parking on Private Property Without Consent Prohibited. (a) No person shall park a vehicle on private property without the direct or implied consent of the owner or person in lawful possession of such property. (b) When public parking is prohibited or restricted on private property, the owner or person in lawful possession, or their authorized agent, shall post, in plain view at all entrances to the property, a sign not less than seventeen by twenty-two (17 x 22) inches in size, with lettering not less than one (1) inch in height, prohibiting or restricting public parking. The sign shall state that violators' vehicles may be removed at the vehicle owner's expense, that violators may be cited, and shall display the telephone number of the local law enforcement agency, the name and telephone number of the towing company, if applicable, and a reference to Vehicle Code Section 22658 ("CVC 22658"). (c) Upon the posting of the required signage in plain view at each entrance to the property, the owner, person in lawful possession of the private #6..
- 101 -
property, or their authorized agent may request enforcement by the City as stated on the authorized sign. Any owner, person in lawful possession, or their authorized agent, of private property located within the downtown business district who requests enforcement pursuant to this section shall have a valid letter of authorization and enforcement agreement on file with the City as a condition of the City’s response. The absence of such agreement for properties outside the downtown business district shall not preclude the City from responding to a request for parking enforcement pursuant to this section. (d) Nothing in this section shall be construed to impose upon the City any obligation to patrol such private property for parking violations, nor shall it be interpreted as guaranteeing enforcement. No enforcement action shall be undertaken by the City except upon specific request of the owner, person in lawful possession, or their authorized agent.
3-2.1012 Removal of Vehicles Parked on Private Property.
Any regularly employed and salaried officer of the Police Department of the City or person authorized to enforce parking law and regulations or the owner of any private property, or the person lawfully entitled to the possession thereof for the time being, or the authorized agent of either, may remove or cause to be removed any vehicle that has been parked or left standing on any private property in violation of Section 3-2.1011 of this article and in accordance with Vehicle Code Section 22658(“CVC22658”).
3-2.1013 Liability for Wrongful Removal of Vehicle.
If a vehicle removed from such private property was rightfully there, the person or persons who complained of the presence of such vehicle and/or the person or persons (other than employees of the City) who caused such vehicle to be removed shall be liable for any and all charges for towage and for caring for and keeping safe such vehicle.
3-2.1014 Removal of Vehicle to Place of Safety.
Any person referred to in Section 3-2.1012 of this article who removes any vehicle from any private property in the City is hereby authorized to remove said vehicle to the nearest garage or other place of safety, or to a garage designated or maintained by the City.
3-2.1015 Notice to Owner of Removed Vehicle.
Any person referred to in Section 3-2.1012 of this article who removes a vehicle from private property shall give notice to the owner of the vehicle as provided in Article 1, Chapter 10, and Division 11 of the Vehicle Code of the State of California.
#6..
- 102 -
3-2.1016 Garage Keeper's Lien.
The keeper of any garage in which any vehicle is stored in accordance with the provisions of this article shall have a lien thereon for his compensation for towage and for caring for and keeping safe such vehicle, and may satisfy such lien upon compliance with and under the conditions stated in Article 1, Chapter 10, Division 11 of the Vehicle Code of the State of California. 3-2.1017 Parking in Fire Lane.
No person shall park or leave standing any vehicle in a fire safety lane on private or public property when such lane has been required by the City of Modesto and has been designated by appropriate signs or markings.
Article 11. Stopping for Loading or Unloading Only
3-2.1101 Curb Markings to Indicate No Stopping and Parking Regulations. (a) The Director or Public Works is hereby authorized, subject to the provisions and limitations of this chapter, to place and when required herein shall cause to be placed, the following curb markings to indicate parking or standing regulations, and said curb markings shall have the meanings as herein set forth:
(1) Red shall mean no stopping, standing or parking at any time except as permitted by the Vehicle Code of the State of California and except that a bus may stop in a red zone marked or signed as a bus zone. (2) Yellow shall mean no stopping, standing or parking at any such times of any day as are designated, for any purpose other than the active loading or unloading of passengers, materials, or freight by commercial vehicles. Passenger loading or unloading may not exceed more than three (3) minutes, during which time the driver must be present.
The active loading or unloading of materials or freight may not exceed more than twenty (20) minutes or as indicated by the posted sign. Such designated area is reserved exclusively for commercial vehicles. (3) White shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers or for the purpose of depositing mail in an adjacent mailbox which shall not exceed three (3) minutes and such restrictions shall apply at such times as are designated. (4) Green shall mean no standing or parking for longer than twenty-four (24) minutes and such restrictions shall apply at all times unless otherwise specifically designated.
#6..
- 103 -
(5) Blue shall mean no stopping, standing or parking at any time, except that vehicles which display a valid disabled person's license plate, placard, or a disabled veteran's license plate or placard, as provided by the Vehicle Code of the State of California may stop, stand or park in the spaces so designated.
(b) When the Director of Public Works, as authorized under this chapter, has caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible curb markings in violation of any of the provisions of this section.
3-2.1102 Unauthorized Painting of Curbs.
No person other than the Director of Public Works shall be authorized to cause to be painted any curb surface unless granted permission to do so by the City.
3-2.1103 Authority to Establish Zones.
The Director of Engineering Services or designee is hereby authorized to determine and establish zones and time limits for the loading and unloading of motor vehicles in designated streets, or portions thereof, in the City, which regulations shall become effective with curb markings or when appropriate signs are placed giving notice of said regulations to the public. The zones authorized by this section shall include any or all of the following: loading zone, bus loading zone, freight loading zone and passenger loading zone.
3-2.1104 Standing for Loading or Unloading Only.
When authorized signs or markings as prescribed by Section 3-2.1101 of this article are utilized giving notice thereof, no person shall stop, stand or park any vehicle in a loading zone for a purpose or for a period of time longer than three (3) minutes for loading or unloading passengers and twenty (20) minutes for loading and unloading materials, unless otherwise indicated by posted signs.
The driver must always remain with the vehicle, and stopping is limited to the time reasonably necessary to safely load or unload passengers. 3-2.1105 Stopping, Standing or Parking of Vehicles in Roadway.
No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the main-traveled portion of the street when it is practicable to stop, park or so leave such vehicle off such part or portion of said street but in every event an unobstructed width of the street opposite a standing vehicle shall be left for the free passage of other vehicles. This section shall not apply upon a street where the roadway is bounded by adjacent curbs. #6..
- 104 -
This section shall not apply to the driver of any vehicle which is disabled in such manner and such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle on the main-traveled portion of a street.
Article 12. Stopping, Standing or Parking Restricted or Prohibited on Certain Streets
3-2.1201 Restriction or Prohibition of Parking.
Any other provisions of this chapter to the contrary notwithstanding, the Director of Public Works may authorize, restrict or prohibit the parking of motor vehicles in designated streets, or portions thereof, in the City if the general welfare and safety of the citizens so require it, which regulations shall become effective when appropriate signs or markings are in place giving notice of said regulations to the public.
3-2.1202 Parking Time Limited.
When authorized signs are in place giving notice thereof, no person shall stop, stand or park any vehicle upon any street during the days and hours indicated on such signs for a period of time longer than so designated by said sign. Each period of over parking for more than the period stated on the time limit sign shall constitute a separate offense.
3-2.1203 Parking Prohibited during Certain Times on Certain Streets.
When authorized signs are placed in each block giving notice of parking being prohibited, no person shall stop, stand or park a vehicle between the hours of any day upon any paved street or part of a paved street as designated by said sign.
3-2.1204 Parking Space Markings.
The Director of Public Works is authorized to install and maintain parking space markings to indicate parking spaces adjacent to curbing where authorized parking is permitted.
When such parking space markings are placed in the street subject to other and more restrictive limitations, no vehicles shall be stopped, left standing or parked other than within a single space.
3-2.1205 Vision Obstruction Parking Prohibited.
#6..
- 105 -
When authorized signs are in place giving notice thereof, no person shall park a vehicle which is six (6) feet or more in height (including any load thereon) on any street in the City within one hundred (100) feet of an intersection as that term is defined by the California Vehicle Code.
3-2.1206 No Commercial or Passenger Vehicle Stopping, Parking, or Standing on Roadways.
No person shall stop, park, or let stand a commercial or passenger vehicle in the center-turn lane or in the middle of any public road or on any public street located within the city limits.
3-2.1207 Displaying Vehicle for Sale Prohibited
(a) No person, dealer, broker, or business shall park or leave a vehicle standing upon any public street for storage, display, or inventory parking of vehicles offered for the purpose of advertising it for sale, lease, or rental. (b) This section shall not apply to:
(1) Vehicles lawfully parked on private property with the consent of the owner or person in lawful possession of the property. (2) Vehicles displayed for sale, rent, or lease by a licensed vehicle dealer at a location permitted for such business; or
(3) Vehicles displayed for sale, rent, or lease during City-authorized event or activity where such display is expressly allowed. (c) Nothing in this section shall be construed to authorize the display or sale of vehicles on public streets by any business except as expressly permitted under subsection (b).
Article 17. Temporary Use of Sidewalks, Streets and On-Street and OffStreet Parking Spaces 3-2.1701 Permits: Authority and Fees.
The Director of Public Works, Chief of Police or authorized designee, is hereby authorized to grant permits for the temporary use of the following public facilities:
(a) Temporary closing of City streets;
(b) Temporary use of City sidewalk areas; and
#6..
- 106 -
(c) Temporary use of on-street parking and/or off-street spaces.
Before granting a permit for the temporary use of closing a City street as provided in subsection (a) of this section, the Director of Public Works or Chief of Police shall obtain the recommendation of the Traffic Engineer.
Every person who seeks to obtain the above-described permit shall pay to the Finance Department an application fee in an amount as established from time to time by resolution of the City Council to cover the costs of processing the permit application.
3-2.1702 Applications to Council.
Applications made to the Council for the temporary use of on-street or offstreet parking spaces, use of sidewalk areas, or the temporary closing of City streets shall be referred by the City Clerk to the Director of Public Works, Chief of Police or authorized designee for handling.
3-2.1703 Conditions for Issuance of Permits.
The Director of Public Works, Chief of Police or authorized designee shall issue a permit therefor pursuant to the provisions of this article if he finds from a consideration of the application and such other information as he may otherwise obtain or have knowledge of that:
(a) The granting of the request will not substantially interrupt the safe, orderly movement of vehicular traffic on the public streets or pedestrian traffic on the sidewalk areas.
(b) The granting of the request will not unduly interfere with the furnishing of proper fire and police protection.
(c) The granting of the permit is not reasonably likely to cause injury to persons or property.
(d) If the request is for parking spaces or sidewalk area, that the use of said parking spaces or sidewalk area requested is not related to a profit-making activity or enterprise.
(e) If he finds that the granting of the permit is in the public interest.
This section shall not prohibit the Chief of Police from allowing the use of parking spaces by contractors for the parking of their vehicles, or the elimination of parking, if either is necessary for building repairs or construction. #6..
- 107 -
The Director of Public Works shall have the authority to place such reasonable conditions or restrictions on the permit as he may deem necessary to protect the public interest, including a requirement in the permit that the permittee furnish the City with public liability and property damage insurance, if he finds such to be in the public interest.
3-2.1704 Exception.
In the event the Director of Public Works or Chief of Police is of the opinion that action on the request should more appropriately be taken by the Council, he shall refer the matter to the City Clerk for placement on the Council agenda for the next regular Council meeting.
3-2.1705 Permits: Provisions.
Any permit granted pursuant to this article shall contain the following provisions, which, by acceptance of the permit, the permittee faithfully agrees to perform:
(a) The permittee, its successors and assigns, during the term of the permit, shall indemnify and save the City harmless of and from all damages, costs and charges of any kind or character arising out of or relating thereto, or in any way connected with the exercise of the rights granted by the permit. (b) The permittee, its successors and assigns, shall comply with all laws of the City.
(c) The permittee, its successors and assigns, at its own cost and expense, shall defend any and all law suits, if any, arising out of or in any way connected with the exercise of the rights granted by the permit.
The permittee shall be required to sign a copy of the permit, which shall be maintained on file with the Finance Department; and no right shall be conferred by any permit authorized under this article until said written consent is executed by the permittee.
Article 20. Oversized Vehicle and Trailer Parking
3-2.2001 Findings
The City Council finds as follows:
(a) Parking recreational vehicles and trailers on residential streets interferes with the normal flow of vehicle traffic, parking affects the safety of drivers using such streets, and creates visual obstacles for motorists and pedestrians.
#6..
- 108 -
(b) Current parking regulations are inadequate to address the problem of parking oversized vehicles and trailers on residential streets. (c) Persons owning oversized vehicles and trailers should have the opportunity to have limited use of residential streets for short periods of time. (d) It is in the public interest to adopt parking regulations that will help alleviate safety and parking concerns regarding oversized vehicles or trailers while also allowing oversized vehicle or trailer owners to use residential streets for a limited time and basis.
3-2.2002 Purpose.
This chapter is adopted pursuant to the city's police powers and California Vehicle Code Section 22507.5, and any successor statute or regulation, in order to regulate parking of oversized vehicles, trailers, mobile homes, and recreational vehicles within the city's jurisdiction. The regulations enacted by this chapter are intended to preserve neighborhood character, maintain traffic visibility, protect emergency access, and protect public health and safety , ensuring that vehicles parked or stopped in and along city streets, or other public rights-of-way, do not hinder, obstruct, or otherwise endanger drivers engaged in the ordinary flow of traffic.
3-2.2003 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:
(a) "Out-of-town visitor" means any person who does not reside in the City and who is temporarily visiting a resident of the City. (b) "Oversized vehicle" means any vehicle which exceeds twenty (20) feet in length; or exceeds seven (7) feet in width; or exceeds seven (7) feet in height, exclusive of such projecting lights or devices as are expressly allowed pursuant to the California Vehicle Code as it now exists or hereafter may be amended. Oversized vehicle does not include pickup trucks, which are less than twenty-five (25) feet in length and eighty-two (82) inches in height. (c) "Residential areas" means those residential areas of the City as defined by local zoning ordinance.
(d) "Trailer" means a trailer, semi-trailer, camp trailer, unmounted camper, or trailer coach or any vehicle designed for carrying persons or property that must be drawn by a motor vehicle as defined in the California Vehicle Code 630.
#6..
- 109 -
3-2.2004 Application of Regulations.
(a) The prohibitions in this chapter will apply at all times, or at those times specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or to comply with the directions of a police officer or official traffic control device.
(b) The time limitations on standing or parking in this chapter will not relieve any person from the duty to observe other and more restrictive provisions of the California Vehicle Code or this code prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. 3-2.2005 Appeals.
Every person who is issued a notice of parking violation pursuant to this chapter may request review of that notice under California Vehicle Code Sections 40215 et seq.
3-2.2006 Oversized Vehicles—Parking Prohibited.
(a) Except as otherwise provided in this section, it is unlawful for any person to park or leave standing any oversized vehicle or trailer on any street in a residential area Monday through Friday, inclusive, holidays excepted. (b) Exceptions. This section does not apply:
(1) To any person loading, unloading, or cleaning an oversized vehicle or trailer as long as said oversized vehicle or trailer is parked on the public street for no more than seventy-two (72) hours; (2) To any person making temporary or emergency repairs to an oversized vehicle or trailer not to exceed twenty-four (24) consecutive hours;
(3) To any person picking up or delivering goods, wares, and merchandise, including, without limitation, building materials to be used in "the actual repair", alteration, remodeling or construction of any building or structure located in the residential zones for which a building permit has previously been obtained;
(4) To any person holding a valid oversized vehicle parking permit issued pursuant to this chapter;
(5) To any person holding a valid oversized vehicle handicap permit issued pursuant to this chapter;
#6..
- 110 -
(6) To any public emergency vehicle; or
(7) To any person parking their vehicle or trailer on a street within a space already designated for times parking.
3-2-2007 Trailers—Parking Prohibited.
(a) No person shall park or leave standing any trailer that is attached to a vehicle capable of moving the trailer in a lawful manner on any public street within a residential area Monday through Friday, inclusive, holidays excepted. (b) Unhitched Trailers Prohibited. It is unlawful for any person to park or leave a trailer standing on any public street or alley within a residential area unless it is attached to a vehicle capable of moving the trailer in a lawful manner upon the street.
(c) Exceptions. The provisions of this section do not apply to:
(1) Trailers owned by a public utility or a licensed contractor while actively engaged in work during the construction, installation, or repair of any public utility.
(2) Persons loading or unloading a trailer when making
temporary or emergency repairs to a trailer.
3-2.2008 Oversized Vehicle Parking Permits.
(a) Purpose. The purpose of authorizing the issuance of oversized vehicle parking permits is to give owners of oversized vehicles an opportunity, for a limited time, to park the oversized vehicles on a street/highway adjacent to their residence for the purpose of loading or unloading such oversized vehicles, and to allow an out-of-town visitor to park on a street/highway adjacent to the residence which the out-of-town visitor is visiting for a limited time period, notwithstanding the provisions of this chapter. The purpose of authorizing the issuance of oversized vehicle handicap permits is to allow a handicapped person, whether or not such person has a handicapped license plates issued to the vehicle, to park a designated oversized vehicle on a street/highway in a residential area where the oversized vehicle is their primary source of transportation. (b) Persons holding a valid permit issued pursuant to this chapter may park an oversized vehicle on a street in a residential area by clearly displaying the permit as required.
(c) The Police Chief or designee, is authorized to issue oversized vehicle parking permits and oversized vehicle handicap permits pursuant to this chapter.
#6..
- 111 -
(d) The fee charged for issuance of an oversized vehicle parking permit shall be set by Council.
3-2.2009 Oversized Vehicle Parking Permits—Application.
Every person desiring an oversized vehicle parking or handicap permit will file an application with the Police Chief or designee, containing the following:
(a) The name, address and phone number of the registered owner and applicant of designated oversized vehicle;
(b) The license number, make and model of designated oversized vehicle;
(c) The dates for which the permit is requested;
(d) The dates and duration of any and all oversized vehicle permits issued to the applicant within the immediately preceding ninety (90) day period; (e) Additional information the Police Chief, or designee, may reasonably require; and
(f) The signature of the applicant under penalty of perjury. 3-2.2010 Issuance.
(a) The Police Chief will issue a permit if:
(1) The application was completed in accordance with this chapter;
(2) He determines that the health, safety and general welfare of the neighborhood will not be adversely affected thereby; and (3) The application is signed by the applicant under penalty of perjury.
(b) Use of any permit issued pursuant to this chapter will conform to the general permit conditions of this chapter
3-2.2011 Duration.
(a) Oversized Vehicle Parking Permit. An oversized vehicle parking permit will be valid for a period not to exceed five (5) consecutive calendar days.
Upon expiration of an oversized vehicle parking permit issued under this section, the applicant may apply for and be granted additional oversized vehicle parking #6..
- 112 -
permits if the applicant still qualifies under the conditions set forth herein. In no event will oversized vehicle parking permits be issued to an applicant for a total period in excess of ten (10) days within any consecutive ninety-day (90) period. (b) Oversized Vehicle Handicap Permits. Oversized vehicle handicap permits will be valid for a period of two (2) years, and may be renewed, if the applicant continues to meet the qualifications therefor. 3-2.2012 Permit Denial.
A permit must be denied if the Police Chief finds that:
(a) The applicant is not a bona fide city resident;
(b) The proposed location is not on a street adjacent to the applicant's residence;
(c) The out-of-town visitor is not the applicant's guest; (d) Information submitted by the applicant is materially false; or (e) If the application is for an Oversized Vehicle Handicap Permit:
(1) The applicant does not have a valid handicap placard or license plates issued by the Department of Motor Vehicles; or (2) The Oversized vehicle is not the applicant's primary mode of transportation.
3-2.2013 Form.
Permits issued pursuant to this chapter will be in a form prescribed by the Police Chief and will include the license plate number of the oversized vehicle to which it relates, and the date of issuance and the day of expiration. 3-2.2014 Display.
(a) All permits are required to be placed at the lower driver's side of the windshield of the oversized vehicle or vehicle that is attached to the trailer to which it relates so that it is clearly visible from the exterior of the oversized vehicle.
(b) Each vehicle issued a permit shall be parked in a manner that conforms to all other parking and vehicle regulations and laws established by this Code and the Vehicle Code.
#6..
- 113 -
SECTION 2. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The proposed Ordinance is exempt from CEQA under the general rule in CEQA Guidelines section 15061(b)(3), that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
SECTION 4. EFFECTIVE DATE
This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 5. PUBLICATION
At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this Ordinance is posted.
#6..
- 114 -
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the __ day of ____________, 2026, by Councilmember ____________, who moved its introduction and passage to print which motion being duly seconded by Councilmember ____________, was upon roll call carried and ordered printed and published by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
APPROVED: __________________________
SUE ZWAHLEN, Mayor
ATTEST:
By: _________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM
By: _________________________________
JOSE M. SANCHEZ, City Attorney
#6..
- 115 -
FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the ____ day of ____, 2026, _____________ moved its final adoption, which motion being duly seconded by Councilmember ____________, was upon roll call carried and the ordinance adopted by the following vote:
AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
#6..
- 116 -
TITLE 3 - PUBLIC SAFETY
Chapter 2 VEHICLES AND TRAFFIC REGULATIONS
Modesto, California, Code of Ordinances Created: 2025-12-16 12:34:25 [EST] (Supp. No. 70)
Chapter 2 VEHICLES AND TRAFFIC REGULATIONS1
Article 1. Words and Phrases Defineditions2
3-2.101 Definitions of Words and Phrases.
(a) The words and phrases used in this chapter shall have the meanings respectively ascribed to them in this article.
(b) Whenever any words or phrases used in this chapter are not defined herein, butherein but are now or hereafter defined in the Vehicle Code of the State of California, such definitions are incorporated herein and shall be deemed to apply to such words and phrases used herein as though set forth herein in full. (Ord. No. 3716-C.S., effective 3-12-20)
3-2.102 Administrative Fee.
"Administrative Fee" means the administrative fee authorized by California Vehicle Code section 40226, as may be amended, that may be imposed in lieu of the parking penalty, to process cancellation of a Notice of Parking Violation issued for failure to display a valid disabled person parking placard, when the citation recipient provides satisfactory proof that a valid disabled person parking placard had been issued and was valid at the time the citation was issued. The administrative fee shall not exceed the amount authorized by California Vehicle Code section 40226. “Administrative Fee” means a fee that may be imposed by the City to recover the reasonable costs associated with reviewing, verifying, processing, and cancellation of a Notice of Parking Violation due to a failure to display a required disabled placard, parking permit, pass, or decal, when the citation recipient provides satisfactory evidence that a valid placard, parking permit, pass, or decal, had been issued and in effect at the time the citation was issued..
3-2.1032 Alleyway.
“Alleyway” means a public right-of-way for the use of pedestrians and vehicles which serves or is designed to serve as the secondary means of access to abutting property. 3-2.1034 Block Face.
“Block Face” means the portion of a street between two intersecting streets located on one side of a roadway. 3-2.1045 Bus.
1Editor's note(s)—Ord. No. 3716-C.S., effective March 12, 2020, changed the title of Chapter 2, from "Traffic Regulations" to "Vehicles and Traffic Regulations."
2Editor's note(s)—Ord. No. 3716, adopted March 12, 2020, repealed the former Art. 1, §§ 3-2.101—3-2.118, and enacted a new Art. 1 as set out herein. The former Art. 1 pertained to similar subject matter and derived from Ord. 234-C.S., effective 4-24-58; Ord. 743-C.S., effective 10-7-65; Ord. 1670-C.S., § 1, effective 12-21-77; Ord. 2252-C.S., § 1, effective 5-31-84; Ord. 3363-C.S., § 1, effective 12-9-04. #6..
- 117 -
Created: 2025-12-16 12:34:24 [EST]
(Supp. No. 70)
“Bus” means a vehicle designed, used, or maintained for carrying more than 10 passengers, including the driver, which is used as a transport of passengers.
3-2.10652 Bus Loading Zone.
“Bus loading zone” means The the space adjacent to a curb or edge of a roadway reserved for the exclusive use of vehicles operated by a public carrier during the loading or unloading of passengers. (Ord. No. 3716-C.S., effective 3-12-20)
3-2.1076 City Manager.
“City Manager” means the City Manager or designee of the City of Modesto. 3-2.107 CommericalCommercial Loading Zone.
A portion of a street, public right-of-way, or parking facility designated as a Commercial loading zone marked with yellow markings or curb paint, and signage identifying the area as a Commercial loading zone, including permitted hours, time limitations, and authorized vehicle classifications and requirements. (Ord. No. 3716-C.S., effective 3-12-20)
3-2.1086.1 Commercial Vehicles.
A commercial vehicle is defined as”Commercial Vehicle” means any vehicle with more than three (3) wheels that satisfies all of the following criteria: is greater than twenty-two (22) feet in length that
1. Registration. The vehicle is registered with the Department of Motor Vehicles as a commercial vehicle.
2. License Plates. The vehicle displays commercial license plates as defined in California Vehicle Code Section 260.
3. Business Identification. The vehicle clearly displays the name of the business or commercial entity operating the vehicle.
4. Use. The vehicle name and that is used for transportation of goods, materials, merchandise, equipment, or cargo transported in bulk.transporting freight, merchandise or material. (Ord. No. 3716-C.S., effective 3-12-20)
3-2.1093 City Council.
The Council of the City of Modesto.
(Ord. No. 3716-C.S., effective 3-12-20)
#6..
- 118 -
Created: 2025-12-16 12:34:24 [EST]
(Supp. No. 70)
3-2.110 Construction Zone.
"Construction zone" means any area on a street which is designated for the exclusive use of construction activities, including parking.
(Ord. No. 3716-C.S., effective 3-12-20)
3-2.1110 04 Curb.
The lateral boundary of the roadway whether such curb be marked by curbing construction, or not so marked. The word "curb" as herein used shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights-of-way of public utility companies. (Ord. No. 3716-C.S., effective 3-12-20)
3-2.112105 Director of Public Works.
"Director of Public Works" means the Director of Public Works or designee of the City of Modesto. (Ord. No. 3716-C.S., effective 3-12-20)
3-2.1132 Electric Vehicle.
“Electric Vehicle” means a vehicle that operates, either partially or exclusively, on electric energy from the electrical grid, or from an off-grid source, which is stored on board for motive power, and that produces no tailpipe or evaporative emissions.
3-2.1144 Electric Vehicle Charging Station.
“Electric Vehicle Charging Station” means equipment that has as its primary purpose which is to transfer electric energy to a battery or other onboard energy-storage device of an electric vehicle. 3-2.11506 Freight Loading Zone.
A portion of a street, public right-of-way, or parking facility designated as a Commercial loading zone shall be marked with: y
a. Yellow markings or curb paint; and
, b. sSignage identifying the area as a Commercial loading zone, including permitted hours, time limitations, and authorized vehicle classifications and requirements.
Such designated area shall be reserved exclusively for commercial vehicles, as defined in Section 3-2.109.
Commercial vehicles may occupy the area solely for temporary parking while actively engaged in the loading and unloading of freight.
#6..
- 119 -
Created: 2025-12-16 12:34:24 [EST]
(Supp. No. 70)
space adjacent to a curb reserved for the exclusive use of commercial vehicles during the loading or unloading of materials.
(Ord. No. 3716-C.S., effective 3-12-20)
3-2.1156 Freight.
“Freight” means goods, materials, merchandise, equipment, or cargo transported in bulk. 3-2.116707 Holidays.
For the purpose of this chapter only, holidays shall be as specified in Section 6700 of the California Government Code, as the same now exists or may hereafter be amended. (Ord. No. 3716-C.S., effective 3-12-20)
3-2.117807.1 Interstate Truck Route.
A street upon which a vehicle or combination of vehicles authorized by Vehicle Code Section 35401.5 may operate.
(Ord. No. 3716-C.S., effective 3-12-20)
3-2.1189 08 Loading Zone.
The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
(Ord. No. 3716-C.S., effective 3-12-20)
3-2.1192009 Official Time Standard.
Whenever certain hours are named herein, they shall mean standard time or daylight savings time as may be in current use in the City.
(Ord. No. 3716-C.S., effective 3-12-20)
3-2.12021 Parking Permit
“Parking Permit” means any physical or electronic authorization issued or recognized by the City for parking purposes, including permits issued through license plate recognition systems or digital parking management systems.
3-2.1211180 Parking Space.
A parking space is a space which is duly designated on-street or off-street for the parking of a single vehicle that is marked by lines painted or otherwise durably marked on the pavement, curb or on the surface of a lot, garage or public street.
#6..
- 120 -
Created: 2025-12-16 12:34:24 [EST]
(Supp. No. 70)