CITY ATTORNEY'S OFFICE City of
August 4, 2022
Gotcha Mobile Holdings, LLC
2901 Florida Avenue, Suite 840 VIA FED EX
Miami, Florida 33133
Attn: Legal Department
To Whom It May Concern:
The City of Richmond has taken steps to remove the public safety hazards created by your equipment that has been left in the public right of way. Given the recent vandalism surrounding. the news that Gotcha Mobile Holdings DBA Bolt has ceased operations, the bikes and stands have become an attractive nuisance. To protect the public, the City has taken steps to remove and secure the equipment from the public right of way.
You are hereby notified that Gotcha has failed to comply with the Key Performance Indicators.
In accordance with Exhibit A section 2(K), the City is entitled to liquidated damages. • As noted above, the City has been forced to deinstall stations because the continued presence of the stations has been determined to pose a threat to public safety. • In addition, it appears that Gotcha has failed to comply with other Key Performance indicators such as Station Cleaning and Inspection, Graffiti Removal, Litter Removal, Bicycle Maintenance, Program Functionality and Station Operability. There are nearly 5 months remaining on the Gotcha agreement and it does not appear that Gotcha is able to perform these functions.
Liquidated damages are calculated based on Attachment 2 to Exhibit A. A generous calculation based on just 21 weeks of non-operation from now until the end of the year would mean that Gotcha owes $529,200 in liquidated damages. This is only based on station operability and station deinstallation. The failure of Gotcha to provide notice or to comply with the other Key Performance Indicators was not calculated. Based on the amount of time remaining on the agreement, it does not appear that the bikes and van will cover the amount of liquidated damages. Further, all the contract funds have already been provided to Gotcha. The only remaining assets are the equipment. As noted above, the City has secured the items in the public right of way and intends to secure the items in the warehouse as compensation for the liquidated damages.
It is the City's understanding that some agent of Gotcha/Bolt has entered the warehouse and removed over 50 batteries and perhaps bikes. In order to protect the City's interests, the Project Manager intends to enter the warehouse with the local operations manager to video inventory the warehouse.
You have 30 days after receiving this notice to either pay the full amount of liquidated damages or 50% of the amount if you contest the assessment of liquidated damages in good faith. 450 Civic Center Plaza, Richmond, CA 94804-1630
Telephone: (510) 620-6509 Fax: (510) 620-6518 www.ci.richmond.ca.us Gotcha Mobile Holdings
Attn: Legal Department
August 4, 2022
Please contact Denee Evans, Project Manager, to address the problems noted above. She may be reached at:
Denee Evans
Richmond Transportation Department
440 Civic Center Plaza
Richmond, CA 94804
[email protected]
(510) 621-1718
Thank you for your cooperation.
Very Truly Yours,
Cede Cife
Heather Mc Laughlin
Interim Sr. Assistant City Attorney
CC: via email
City Attorney
City Manager
Project Manager
Ignacio Tzoumas