Agenda — Richmond City Council, February 24, 2026 (part 1 of 2)

PLEASE NOTE: HYBRID MEETING FORMAT

- SPECIAL OPEN SESSION OF THE CITY COUNCIL
- REGULAR MEETING OF THE RICHMOND CITY COUNCIL

Tuesday, February 24, 2026, 4:00 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804
Members:

Eduardo Martinez, Mayor at Large
Jamelia Brown, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Vice Mayor, District 3
Soheila Bana, Councilmember District 4
Sue Wilson, Councilmember District 5
Claudia Jimenez, Councilmember District 6
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In Person: Anyone who desires to address the City Council on items appearing on the agenda, including Open Forum, must complete and file a pink speaker’s card with the City Clerk prior to the City Council’s consideration of the item. Once the City Clerk has announced the item, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Each speaker will be allowed up to TWO (2) MINUTES to address the City Council on NON-PUBLIC HEARING items listed on the agenda. Speakers are allowed up to THREE (3) minutes on PUBLIC HEARING items.

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Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
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2 Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

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Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and- forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar (by 2 p.m. the day of the meeting). The procedures for discussion do not apply to items sponsored by the mayor or councilmembers.

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The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar. Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.

CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.

Click here for City Harassment Policy

Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and 2-24-26 CC MTG.
3 provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.

Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.

Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).

Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.

Pages
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4 A. SPECIAL OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED

SESSION
4:00 p.m.

B. ROLL CALL
C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) or (3) of Subdivision (d) [as applicable] of Government Code Section 54956.9) Two Cases•
C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
Agency Representatives: Sharrone Taylor, Jack Hughes, and Lisa Charbonneau
•
Employee organizations:

SEIU Local 1021 Full Time Unit and Part Time Unit1.

IFPTE Local 21 Mid-Level Management Unit and Executive
Management Units

2. Richmond Police Officers Association RPOA3.

Richmond Police Management Association RPMA4.

IAFF Local 1885.

Richmond Fire Management Association RFMA6.

D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
E. ADJOURN TO CLOSED SESSION
________________________________________________________ 2-24-26 CC MTG.
5 F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
6:00 p.m.

G. PLEDGE OF ALLEGIANCE
H. ROLL CALL
I. STATEMENT OF CONFLICT OF INTEREST
J. AGENDA REVIEW
K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE DURING

CLOSED SESSION
L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum) M. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
M.1 Proclamation Honoring the Richmond Steelers Dance Team “Rich Girlz” as JAMZ National Champions
9 PROCLAMATION honoring the Richmond Steelers Rich Girlz for their national championship achievement and recognizing their excellence, leadership, and positive representation of the City of Richmond - Councilmember Jamelia Brown (510-412-2050).

N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
O.1 City Clerk
O.1.a City Council Minutes 12
APPROVE the minutes of the January 27, 2026, Regular City Council meeting - City Clerk's Office (Pamela Christian 510-620-6513).

O.2 Human Resources
O.2.a Amendments to the Position Control List 22
ADOPT a resolution amending staffing and position control list and allocating the necessary salary, wages, and benefits as required – Human Resources Department (Nickie Mastay/Sharrone Taylor/Emily Combs 510-620-6602).
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6 O.3 Mayor's Office
O.3.a Proclamation Recognizing March 2026 as Red Cross Month in Richmond
29 PROCLAMATION declaring March 2026 as Red Cross Month in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).

O.4 Public Works
O.4.a January 2026 Abatement Report 32
RECEIVE a report on the January 2026 abatement activities – Public Works Department (Daniel Chavarria 510-620-5478/Darin Fitzpatrick 510-231-3044/Hugo Mendoza 510-231-3030).

O.4.b Contract with ChargePoint, Inc. for Electric Vehicle Charging Network Services
55 APPROVE a sole-source contract with ChargePoint, Inc., in an amount not to exceed $32,900, consisting of a base contract amount of $26,400 and a $6,500 contingency, for network cloud services and warranty coverage for City-owned electric vehicle charging stations, for the term of June 30, 2025, through November 10, 2028 - Public Works Department (Gabino Arredondo 510-620-6606).

P. PUBLIC HEARINGS
P.1 Public Hearing and First Reading of Ordinance Adopting the 2025 California Building Standards Code
104
HOLD a public hearing to INTRODUCE an ordinance (first reading) amending Richmond Municipal Code (RMC) Article VI, Building Regulations, Chapter 6.02 by adopting the 2025 California Building Standards Code with noted local amendments – Community Development Department (Lina Velasco/George Kabaivanov 510-620-5519).

P.2 Tobacco Retailer License Amendments 117
HOLD a public hearing to INTRODUCE an ordinance (first reading) amending Chapter 7.106 entitled “Tobacco Retailer License” and repealing Richmond Municipal Code Chapter 7.107 to comply with updates to State law relating to the sale of flavored tobacco products, establish a cap of 50 licenses that can be issued at any one time to protect against overconcentration, and to add operational prerequisites and enhanced regulations for enforcement of violations (including retailing without a tobacco retail license, sales to minors, and sales of illegal and hazardous substances), which shall aim to protect vulnerable demographics, streamline compliance standards, and enhance available enforcement tools – Community Development Department (Lina Velasco/Avery Stark/Eva Mann 510-621-1283).
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7 Q. STUDY AND ACTION SESSION
Q.1 Establishment of a Safe Walk Zone Along the 23rd Street Corridor and Identification of Child-Sensitive Areas
185
DIRECT the city manager and city attorney to study and bring an ordinance back to City Council that establishes a Safe Walk Zone along the 23rd Street corridor, with identification of child-sensitive areas surrounding schools, parks, libraries, and other youth-serving facilities – Councilmember Jamelia Brown (510-412-2050).

R. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) S. ADJOURNMENT
________________________
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February 24, 2026

City Council

DATE: February 24, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Councilmember Jamelia Brown

Subject:

Proclamation Honoring the Richmond Steelers Dance
Team “Rich Girlz” as JAMZ National Champions
FINANCIAL IMPACT: There is no fiscal impact associated with this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The purpose of this agenda item is to recognize and
honor the Richmond Steelers dance team, Rich Girlz, for their outstanding achievement of earning 1st Place at the JAMZ National Championships in Las Vegas, Nevada,
and being crowned National Champions.

RECOMMENDED ACTION:

PROCLAMATION honoring the Richmond Steelers Rich
Girlz for their national championship achievement and
recognizing their excellence, leadership, and positive
representation of the City of Richmond - Councilmember
Jamelia Brown (510-412-2050).

DISCUSSION:

The JAMZ National Championships is a nationally recognized competitive dance event that brings together elite youth teams from across the United States.

AGENDA
REPORT
9

Page 2 of 2 ends

February 24, 2026
In 2026, the Rich Girlz of the Richmond Steelers traveled to Las Vegas, Nevada, where they competed on a national stage and earned 1st Place in their division, securing the title of National Champions. This accomplishment represents a significant milestone for the team and brings pride and purposeful recognition to the City of Richmond.

The Richmond Steelers organization is a homegrown, Richmond-based program that reflects the talent, discipline, and resilience cultivated within Richmond’s youth and community programs.

Recognizing the Rich Girlz aligns with the City Council’s commitment to celebrating youth achievement, supporting arts and athletics, and uplifting positive representations of Richmond on a national stage.

This proclamation formally honors the Richmond Steelers Rich Girlz for their exceptional accomplishment and acknowledges their role as ambassadors of Richmond’s pride and purpose, resilience, and excellence.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation

10 WHEREAS, the Richmond Steelers dance group known as the “Rich Girlz” recently represented the City of Richmond at the prestigious JAMZ Nationals in Las Vegas, Nevada, a national dance and cheer competition featuring youth teams from across the United States; and

WHEREAS, the Rich Girlz competed with excellence, passion, and artistic performance, ultimately bringing home 1st place honors at the finals — earning the title of National Champions; and

WHEREAS, this incredible achievement reflects their countless hours of dedication, discipline, teamwork, and the support of their coaches, families, and community; and

WHEREAS, their success brings pride to the entire Richmond community as they showcased their talent on a national stage, highlighting the city’s vibrant youth arts and athletic culture; and

WHEREAS, the Rich Girlz carry the name and legacy of Richmond with every performance, standing as ambassadors of this city’s talent, determination, and cultural excellence, and demonstrating what is possible when Richmond youth are supported, celebrated, and given space to shine; and

WHEREAS, the City of Richmond recognizes the Rich Girlz for their historic performance, commitment to excellence, and for serving as role models to youth throughout our city and beyond.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Richmond does hereby honor the Richmond Steelers “Rich Girlz” for their remarkable achievement as JAMZ National Champions, and extends its deepest congratulations and appreciation for bringing pride and purpose, distinction, and national recognition to the City of Richmond.

______________________________ ____________________________ Mayor Eduardo Martinez Councilmember Jamelia Brown At Large- February 24, 2026 District 1

Proclamation Honoring the Richmond Steelers Dance Group — “Rich Girlz” As the National Champions at the Jamz Nationals in Las Vegas, Nevada 11 cc27Jan2026 – ud/prc

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RICHMOND, CALIFORNIA,

January 27, 2026, 5:00 p.m.

Community Services Building
440 Civic Center Plaza
Richmond, CA 94804

_____________________________________________________________________

A. SPECIAL OPEN SESSION TO HEAR PUBLIC COMMENT BEFORE CLOSED

SESSION
Mayor Eduardo Martinez called the meeting to order at 5:00 p.m.

B. ROLL CALL

Present: Councilmembers Soheila Bana, Jamelia Brown, Claudia Jimenez, Sue Wilson, Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez. Absent:

None.

C. CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Washington v. City of Richmond
 Gutzalenko v. City of Richmond, et al.

C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6)
 Agency Representatives: Sharrone Taylor, Jack Hughes, and Lisa Charbonneau
Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
D. PUBLIC COMMENT BEFORE CLOSED SESSION (limited to items on the Closed Session agenda only)
Cordell Hindler gave comments regarding union negotiations.

E. ADJOURN TO CLOSED SESSION
Open Session adjourned at 5:02 p.m. Closed Session adjourned at 6:00 p.m.

F. REGULAR MEETING OF THE RICHMOND CITY COUNCIL
Mayor Eduardo Martinez called the meeting to order at 6:00 p.m. 12 cc27Jan2026 – ud/prc

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G. PLEDGE OF ALLEGIANCE
Mayor Eduardo Martinez led the Pledge of Allegiance to the Flag.

H. ROLL CALL

Present: Councilmembers Jamelia Brown, Claudia Jimenez, Sue Wilson, Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez. Absent: Councilmember Soheila Bana arrived after the roll was called.

I. STATEMENT OF CONFLICT OF INTEREST
None.

J. AGENDA REVIEW
Study and Action Session was rearranged as follows: Item P.5 - Update on Advanced Life Support (ALS) First Responder Services, Fire Station upgrades and replacements, associated, five-year financial forecast, and develop revenue enhancement recommendations was moved up to be heard first; Item P.3 - Consultant engagement for community input on Polluters Pay Settlement Funds and Item P.4 - Community meetings to gather community input on how to spend the community money, Chevron Community Funds were combined and moved to be heard second; Item P.2 - Contract amendment for the Fiscal Yar 2024-25 Grade 5 Sanitary Sewer Rehabilitation Project was moved to be heard third; and Item P.1 - Modification of City Council Liaison appointment cycle for Boards and Commissions was moved to be heard last.

K. REPORT FROM THE CITY ATTORNEY OF FINAL DECISIONS MADE

DURING CLOSED SESSION
C.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (paragraph (1) of Subdivision [d] of Government Code Section 54956.9)  Washington v. City of Richmond
 Gutzalenko v. City of Richmond, et al.

The item was discussed. No final action was taken.

C.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6)
 Agency Representatives: Sharrone Taylor, Jack Hughes, and Lisa Charbonneau Employee organizations:

1. SEIU Local 1021 Full Time Unit and Part Time Unit

2. IFPTE Local 21 Mid-Level Management Unit and Executive Management Units

3. Richmond Police Officers Association RPOA

4. Richmond Police Management Association RPMA

5. IAFF Local 188

6. Richmond Fire Management Association RFMA
The item was discussed. No final action was taken.

L. REPORT FROM THE CITY MANAGER (public comment allowed under Open Forum)
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City Manager, Shasa Curl presented the report.

Link to the report: City Manager Report
M. COMMENDATIONS, PRESENTATIONS, AND PROCLAMATIONS
M.1 Proclamation Honoring the 2025 Richmond Women of the Year PROCLAMATION recognizing the 2025 Richmond Women of the Year – Councilmember Cesar Zepeda (510-620-6593).

Mayor Martinez and councilmembers presented the proclamation to the 2025 Women of the Year.

Cordell Hindler, Antwon Cloird, and Harpreet Sandhu gave comments.

N. OPEN FORUM FOR PUBLIC COMMENT
(public comment on items that remain on the Consent Calendar or items not on the agenda - limited to 2 minutes unless otherwise specified - Back and forth dialogue with the Council is prohibited)
Don Gosney gave comments regarding decisions that elected officials make that can affect others negatively.

Cordell Hindler gave comments regarding the workforce analysis and stated that more police officers were needed in the city. Mr. Hindler also stated that students at Salesian College Preparatory should be acknowledged for their participation in their day of service.

Antwon Cloird stated that the City of Richmond has a substandard fire training center.

Mark Wassberg gave comments regarding the situation with immigration enforcement in Minnesota. Mr. Wassberg also stated that the federal government would withhold funds from sanctuary cities.

Fayza Ayyad thanked Mayor Martinez for being strong against the odds and the unfortunate division currently across the world.

Mayor Martinez asked the community to donate to the Snowball Scholarship Fund.

Checks could be sent to the Hurlbut Benevolent Foundation P.O. Box 70902 Richmond, CA 94807 or by e-mailing https://www.hurlbutfoundation.org/snow-ball.

Janice Haugan gave comments regarding zero tolerance for illegal fireworks in the city.

Benjamin Therriault gave comments regarding the leave status of officers who were involved in police officer involved shootings and the need to return the officers to duty.

O. CITY COUNCIL CONSENT CALENDAR
(All items placed under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted upon together with a motion and second, without discussion, of any member of the City Council, and each item shall be deemed to have received the action recommended.)
Motion by Councilmember Claudia Jimenez
Seconded by Councilmember Soheila Bana
14 cc27Jan2026 – ud/prc

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Ayes (7): Councilmember Soheila Bana, Councilmember Jamelia Brown, Councilmember Claudia Jimenez, Councilmember Sue Wilson, Councilmember Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez Passed

O.1 City Council
O.1.a Resolution in Solidarity with the People of Iran in Their Struggle for Human Rights, Economic Justice, and Democratic Freedoms ADOPT a resolution expressing the City of Richmond’s solidarity with the people of Iran in their ongoing struggle for human rights, freedom, and economic justice; condemning violence against peaceful protesters; and affirming the City's commitment to a "Hands Off Iran" policy that opposes foreign military intervention and supports the Iranian people’s right to self-determination - Councilmember Soheila Bana (510-672-3490).

Adopted Resolution No. 7-26.

O.1.b Proclamation Honoring the Legacy of Douglas Ellison and Inez Watson and Recognizing the Work of the Watson Ellison Foundation in Alzheimer's and Dementia Awareness
PROCLAMATION honoring Douglas Ellison and Inez Watson for their distinguished service and lasting contributions to the Richmond community and recognizing the work of the Watson Ellison Foundation in raising awareness and supporting families impacted by Alzheimer's disease and dementia - Councilmember Soheila Bana (510-672-3490).

O.2 Finance Department
O.2.a Fiscal Year 2025-26 Quarter 1 Budget Report
RECEIVE the Fiscal Year (FY) 2025-26 Quarter 1 (Q1) report for the period of July 1, 2025, through September 30, 2025 – Finance Department (Emily Combs 510-620-6790/Mubeen Qader 510-412-2077/Jerry Gurule 510-620-6591).

O.3 Human Resources
O.3.a Approve Salary Schedules in Accordance with California Code of Regulations 570.5(a) (2 CCR § 570.5)
ADOPT a resolution amending the salary schedules for all unions to comply with California Code of Regulations, Subchapter 1, Employees’ Retirement System Regulations section 570.5 (a) (2 CCR § 570.5) as required by CalPERS – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).

Adopted Resolution No. 8-26.

O.3.b Amend Salary Schedule
ADOPT a resolution amending the salary schedule to add the salary range for the City Attorney classification – Human Resources Department (Nickie Mastay/Sharrone Taylor 510-620-6602).
15 cc27Jan2026 – ud/prc

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Adopted Resolution No. 9-26.

O.3.c Approve Salaries and Benefits of Unrepresented Executive Management Classifications
ADOPT a resolution to approve changes to salaries and benefits of Unrepresented Management employees, consistent with the changes to salaries and benefits of represented management, Executive Management International Federation of Professional and Technical Engineers (IFPTE) Local 21 Bargaining Unit employees and DIRECT the city manager or their designee to update the publicly available salary schedule – Internal Services (Nickie Mastay 510-620-6602).

Adopted Resolution No. 10-26.

O.4 Library and Community Services
O.4.a Contract Amendment No. 1 with Nor-Cal Moving Services for Additional Moving and Storage Services
APPROVE the first contract amendment with Nor-Cal Moving Services increasing the payment limit to $44,500, and modifying the service plan to include storage services, and extending the contract expiration date to June 30, 2028 - Community Services Department (Kate Eppler 510-610- 5452/LaShonda White 510-620-6828).

O.5 Mayor's Office
O.5.a Proclamation recognizing January 27, 2026, as International Holocaust Remembrance Day.

PROCLAMATION recognizing January 27th as International Holocaust Remembrance Day in the City of Richmond – Mayor Eduardo Martinez (510-620-6503) and Councilmember Cesar Zepeda (510-620-6593).

O.5.b Proclamation recognizing February 2026 as Black History Month in Richmond
PROCLAMATION declaring February 2026 as Black History Month in the City of Richmond – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).

O.5.c Appointment of Lorene Ransbottom to the Commission on Aging APPOINT Lorene Ransbottom to the Commission on Aging with a term that expires on May 19, 2030 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.5.d Appointment of Beverly A. Dynes to the Commission on Aging APPOINT Beverly A. Dynes to a vacant seat on the Commission on Aging with a term that expires on May 19, 2030 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.5.e Appointment of Regina Whitney to the Commission on Aging APPOINT Regina Whitney to the Commission on Aging with a term that expires on May 19, 2030 – Mayor’s Office (Mayor Eduardo Martinez 510- 620-6503).
16 cc27Jan2026 – ud/prc

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O.5.f Appointment of Linda Whitmore to the Richmond Zhoushan Friendship Commission.

APPOINT Linda Whitmore to the Richmond Zhoushan Friendship Commission with a term that expires on December 31, 2028 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.5.g Appointment of Free Brown to the Workforce Development Board APPOINT Free Brown to the Workforce Development Board with a term that expires on March 1, 2030 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.5.h Appointment of Ana Tellez Witrago to the Community Police Review Commission
APPOINT Ana Tellez Witrago to the Community Police Review Commission to fill a vacant seat with an unexpired term ending November 1, 2027 – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503).

O.6 Police Department
O.6.a Richmond Police Department Monthly Crime Report for December 2025 RECEIVE the monthly Crime Report from the Richmond Police Department for December 2025 – Police Department (Chief Tim Simmons 510-621-1802).

O.7 Public Works
O.7.a Reimbursement Agreement with Union Pacific Railroad for the Barrett Avenue Bicycle and Pedestrian Improvements Project
ADOPT a resolution to APPROVE a Reimbursement Agreement for Preliminary Engineering Services with Union Pacific Railroad Company (UPRR) for minor amendments to the Barrett Avenue Bicycle and Pedestrian Improvements Project for a total cost not to exceed $25,000 and AUTHORIZE the public works director to execute the agreement - Public Works Department (Hillal Hamdan 510-620-1612/Robert Armijo 510-620-5477).

Adopted Resolution No. 11-26.

O.7.b Bicycle Circulation Modifications near West Cutting Boulevard and South Garrard Boulevard
ADOPT a resolution to APPROPRIATE $125,000 from the General Capital Fund (Fund 2001) for circulation modifications at West Cutting Boulevard and South Garrard Boulevard in Point Richmond to improve operational concerns affecting cyclists, pedestrians, and motor vehicles – Public Works Department (Hillal Hamdan 621-1612/Robert Armijo 620- 5477).

Adopted Resolution No. 12-26.

O.7.c Purchase with Jesse Mack Company and Sterling May Equipment Company for Three (3) Fuel-Reduction Mowing Units
17 cc27Jan2026 – ud/prc

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ADOPT a resolution to APPROVE a purchase with Jesse Mack Company and Sterling May Equipment Company for the acquisition of one (1) Green Climber LV600 remote mower and two (2) Raymo Torpedo electric slope mowers (including accessories and one spare battery) in an amount not to exceed $269,747.62 – Public Works Department (Darin Fitzpatrick 510-231-3044/Daniel Chavarria 510-620-5478).

Adopted Resolution No. 13-26,
P. STUDY AND ACTION SESSION
P.1 Modification of City Council Liaison Appointment Cycle for Boards and Commissions
DIRECT the city clerk to work with the Mayor’s Office to implement a two-year council liaison appointment cycle for boards and commissions, aligned with the council election cycle, while maintaining the Mayor’s authority to appoint or remove liaisons at their discretion, and DIRECT that the current liaisons remain in effect through December 31, 2026, with new appointments to be made in the first quarter of 2027 following installation of new City Council – Mayor’s Office (Mayor Eduardo Martinez 510-620-6503). This item was continued from the January 20, 2026, meeting.

Motion by Councilmember Sue Wilson
Seconded by Mayor Eduardo Martinez
Ayes (6): Councilmember Soheila Bana, Councilmember Jamelia Brown, Councilmember Claudia Jimenez, Councilmember Sue Wilson, Councilmember Cesar Zepeda, and Mayor Eduardo Martinez
Absent (1): Vice Mayor Doria Robinson
Passed

P.2 Contract Amendment for the Fiscal Year 2024–25 Grade 5 Sanitary Sewer Rehabilitation Project
ADOPT a resolution and APPROVE the issuance of Task Authorizations to Veolia Water, on behalf of the City, to manage subcontracts with APB General Engineering, VW Housen, and Questa Engineers for additional sanitary sewer line replacement and rehabilitation work, with a contract amendment amount of $4,030,385, thereby increasing the total payment limit to $6,554,348, including applicable markups – Public Works Department (Bradley Harms 307-8094/Robert Armijo 620-5477). This item was continued from the January 20, 2026, meeting.

Adopted Resolution No. 14-26.

Page 8 of 10 ends

Passed

P.3 Consultant Engagement for Community Input on Polluters Pay Settlement Funds
DIRECT the city manager to engage a consultant to collaborate with City staff, City Council, and community stakeholders to conduct community engagement and gather input on a framework for the expenditure of new General Fund revenues generated by the Polluters Pay Settlement, with the consultant reporting back to the City Council by May 26, 2026 - Councilmember Claudia Jimenez (510-620-6565), Mayor Eduardo Martinez (510-620-6503), and Vice Mayor Doria Robinson (510-620-6568). This item was continued from the January 20, 2026, meeting.

This item and Item P .4 - Community meetings to gather community input on how to spend the community money; Chevron Settlement Funds were combined.

Councilmembers Jimenez, Zepeda, and Vice Mayor Robinson, gave an overview.

The following individuals gave comments in person: Cordell Hindler, Zenaida Gomez, Alma Gutierrez, Danyell Menitee, Melvin Willis, Ivette Blandon, Emma Ishi, Hasan A., Marilyn M., Abdullah A., Michelle Chan, Ryan Kazen, Antwon Cloird, and Jamin Pursell.

The following individuals gave comments online: Francisco Ortiz, Sean Staulbaum, Briana Sidney, Kevin Tisdell, Marisol Cantu, Erika Siao, and Arto Rinteela.

Discussion ensued.

Staff would need to be re-prioritized to make this the organizational priority, which would impact timeline for other matters and return to the city council with an update on how this would affect things currently in the queue. Currently there was not a data analytics staff person who could conduct a quantitative or qualitative study.
(9:55 p.m. - a motion by Councilmember Wilson, seconded by Councilmember Brown, to extend the meeting to complete Items P .3 and P .4 and vote on Items P .1 and P .2., passed by the unanimous vote of the City Council).

A May 26, 2026, timeline would be shared with consultants to ascertain if that timeframe could be met and staff would rerun to the March 24, 2026, City Council meeting with an update and a timeline regarding the community input process.

A motion by Councilmember Jimenez, seconded by Vice Mayor Robinson, to approve the item,
Vice Mayor Robinson offered a friendly amendment that the strategy for holding and releasing the funds was obtained from the community. and where the funds should be spent. Councilmember Jimenez accepted the friendly amendment.

Vice Mayor Robinson offered an additional friendly amendment that there was an appropriate timeline to conduct a good Request for Proposals (RFP) process and that these short-term funds were placed into an investment fund and not added to the general fund total budget until the process is completed. 19 cc27Jan2026 – ud/prc

Page 9 of 10 ends

Councilmember Wilson offered a friendly amendment that consultants would present a plan prior to implementation and that all individuals and community groups should be treated equally in the input process regardless of if they were part of the Maks Polluters Pay Coalition.

Further discussion ensued.

Councilmember Bana made a substitute motion to hire a consultant to provide a high-level vision different strategy options for spending the money and after that is done, then after that is complete, proceed with the community input gathering.

The motion died for lack of a second.

Councilmember Brown offered a friendly amendment to ensure that the maximum amount for the contractor was lowered. Councilmember Jimenez did not accept the friendly amendment.

The original motion with amendments passed by the following vote:

Motion by Councilmember Claudia Jimenez
Seconded by Vice Mayor Doria Robinson
Ayes (5): Councilmember Claudia Jimenez, Councilmember Sue Wilson, Councilmember Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez
Noes (1): Councilmember Jamelia Brown
Abstentions (1): Councilmember Soheila Bana
Passed
P.4 Community Meetings to Gather Community Input on How to Spend the Community Money; Chevron Settlement Funds
DIRECT the city manager, or their designee, to schedule and lead a minimum of six community meetings each year, all around the City in each district, to gather input from the community on how to spend The Community Money: Chevron settlement funds, prior to the annual budget meeting – Councilmember Cesar Zepeda (510-620-6593). This item was continued from the January 20, 2026, meeting.

This item was combined and heard with Item P-3 - Consultant engagement for community input on Polluters Pay Settlement Funds
P.5 Update on Advanced Life Support (ALS) First Responder Services, Fire Station Upgrades and Replacements, Associated Five-Year Financial Forecast, and Develop Revenue Enhancement Recommendations RECEIVE an update on the Advanced Life Support (ALS) First Responder Services, Fire Station Upgrades and Replacements, and associated Five-Year Financial Forecast; and DIRECT the city manager to develop revenue enhancement and financing recommendations for City Council consideration – Fire Department/Finance Department/City Manager’s Office (Chief Aaron Osorio 510-307-8021/Emily Combs 510-890-5534/Shasa Curl 510-620-6512).

Fire Chief Aaron Osorio, Finance Director Emily Combs, Deputy Director of Finance Mubeen Quader, and Deputy Fire Chief Rico Rincon presented the PowerPoint.
20 cc27Jan2026 – ud/prc

Page 10 of 10 ends

Link to presentation: ALS Presentation
Antwon Cloird gave comments in person. Kevin Tisdell gave comments online.

Discussion ensued.

The city council requested that staff identify funds equal to the settlement funds that were in the amount it would cost to fund Advanced Life Support services, develop revenue enhancement ideas, and come back within 60 days with options that do not include the use of the settlement funds.

A motion was made as follows to receive the update as presented and identify how general funds were considered to ensure that the general funds and settlement funds can be looked at in totality of the needs of the city.

Motion by Mayor Eduardo Martinez
Seconded by Councilmember Jamelia Brown
Ayes (7): Councilmember Soheila Bana, Councilmember Jamelia Brown, Councilmember Claudia Jimenez, Councilmember Sue Wilson, Councilmember Cesar Zepeda, Vice Mayor Doria Robinson, and Mayor Eduardo Martinez Passed

Q. REPORTS OF OFFICERS: REFERRALS TO STAFF, AND GENERAL REPORTS (INCLUDING AB 1234 REPORTS)(limited to two minutes per Councilmember) None.

R. ADJOURNMENT
There being no further business, the meeting adjourned at 10:39 p.m., in memory of all those recently killed in Iran, to meet again on February 3, 2026, at 6:00 p.m.

Clerk of the City of Richmond Mayor

Page 1 of 5 ends

February 24, 2026

Human Resources

DATE: February 24, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Nickie Mastay, Deputy City Manager – Internal Services
Sharrone Taylor, Director of Human Resources
Emily Combs, Director of Finance
Subject:

Amendments to the Position Control List
FINANCIAL IMPACT: The proposed amendment will result in a fiscal impact of $246,037, of which $107,546 is from non-General Fund
sources. This impact will be addressed as part of the
fiscal year 2025-2026 Mid-Year Budget Review.

PREVIOUS COUNCIL
ACTION:

None

STATEMENT OF THE
ISSUE:

The City Council’s authorization is required to amend
staffing (position control list) and allocate funding as required.

RECOMMENDED ACTION:

ADOPT a resolution amending staffing and position
control list and allocating the necessary salary, wages, and benefits as required – Human Resources
Department (Nickie Mastay/Sharrone Taylor/Emily
Combs 510-620-6602).

DISCUSSION:

This proposed amendment aligns with the recommendations outlined in the California State Auditor’s High-Risk Local Government Program report. By strategically reallocating positions, the City is implementing a data-driven approach to workforce AGENDA
REPORT
22

Page 2 of 5 ends

February 24, 2026
planning. These actions reflect our commitment to maintaining fiscal responsibility, controlling rising personnel costs, and ensuring that staffing levels are responsive to operational priorities and community needs. In addition, we have built on the progress recognized by the California State Auditor in October 2025, when the City was removed from the high-risk list for demonstrating improved workforce planning and financial sustainability.

Since 2021, the City has strategically filled positions to address critical service gaps, increasing the number of filled roles from approximately 590 FTEs in 2021 to 665 FTEs today, which represent an overall increase of 12.7 percent. While these additions have improved service delivery, personnel costs have risen significantly. For example, the CalPERS Kaiser family health plan premium increased 44 percent from approximately $2,115 per month in 2021, to $3,039 in 2026, a difference of $924 per month. Recently approved labor successor Memorandums of Understanding, along with pending agreements, will further increase personnel costs.

The City is continuing to proceed with incremental hiring to meet essential service needs while maintaining fiscal responsibility. This approach aligns with the City Council’s Goals and Objectives for efficient and sustainable governance, supports organizational efficiency, and adheres to the State Auditor’s recommendations for long- term financial stability.

FIRE DEPARTMENT – TEMPORARY POSITIONS

The Fire Department is working diligently to ensure there is adequate coverage across all stations at all times. Recently, several employees who occupy critical roles within the department are unavailable to serve in their roles. These absences create significant gaps in leadership and operational oversight. To address this issue, the Fire Chief is proposing the creation of temporary positions that will serve as backfill for the affected roles. These temporary appointments are necessary to uphold department standards, ensure consistent supervision, maintain operations, and assist with the Advanced Life Support (ALS) Program.

The first temporary position proposed is Battalion Chief, which serves as the Emergency Medical Services director and oversees Fire personnel training. This role is critical for implementing the Advanced Life Support (ALS) program and for ensuring fire personnel receive essential emergency response and safety training. Comprehensive preparation is required to ensure fire personnel can effectively respond to emergencies and critical incidents.

The second temporary position proposed is Deputy Fire Marshal, which is vital for fire prevention, code enforcement, fire investigations, and supervising inspectors in the Fire Prevention Unit. Now that inspectors are fully staffed, proper support is crucial to ensure the unit operates at its highest level.

Page 3 of 5 ends

February 24, 2026
The appointment of temporary personnel to these positions is essential to maintaining seamless departmental operations and ensuring the uninterrupted delivery of both emergency response and fire prevention services. These temporary roles are intended to transition into permanent positions through natural attrition within the Fire Department, thereby supporting the successful implementation of the Advanced Life Support (ALS) Program.

The Fire Department is in the initial stages of implementing a two phased Advanced Life Support (ALS) program over the next 5 years with the goal of staffing all eight fire stations with firefighter paramedics by 2030. This goal is in alignment with Intervention Area 6 of the Health in All Policies initiative adopted by the City Council in 2014, which aims to reduce health disparities and improve health outcomes for the Richmond community. By implementing the ALS program, the Fire Department will be able to provide critical advanced medical care to patients in the field within four to six minutes from calling 911. This will be accomplished through the establishment of a system that dispatches medical response teams in tandem with fire apparatus. The service will be exclusively dedicated to the City of Richmond, centrally based to enable efficient coverage of major sections of the City.

PUBLIC WORKS - TRANSPORTATION

On November 22, 2022, the City Council allocated funds for traffic calming projects. A traffic calming program was launched to address the community's street safety concerns with a focus on reducing vehicle speeds, improving pedestrian and cyclist safety, and developing complete streets in an integrated and environmentally sustainable manner. Additionally, the City Council authorized two positions to staff the program at the June 4, 2024, City Council meeting.

The City hired a Senior Planner and Capital Projects Manager. The Public Works Director is currently requesting the addition of a Project Coordinator to round out the Transportation Division. The Project Coordinator will oversee Greenhouse Gas (GHG) reduction programs and support the implementation of transportation grants associated with GHG reductions, including electric vehicle (EV) accessibility initiatives such as public charging, electric carshare, electric micro transit (e.g. Richmond Moves), and electric bike share. The Project Coordinator will also develop recommendations for traffic, transportation, and direct the implementation of plans to ensure safe and efficient traffic movement for all. In addition, the position will implement policy goals, secure funding, prioritize projects for the Transportation division, and advocate for regional transportation impacting Richmond.

COMMUNITY DEVELOPMENT DEPARTMENT

The Administrative Assistant (granted funded) position will provide essential administrative and compliance support for the Community Development Department’s expanding portfolio of State, regional, and Federal grant-funded transportation and community programs. Key responsibilities include coordinating grant invoicing and 24

Page 4 of 5 ends

February 24, 2026
reporting, tracking budgets and financial documentation, and supporting stakeholder and community meeting logistics and documentation. By assuming these duties, the position will allow existing project staff to focus on higher-level project coordination, strategic planning, and grant development, while ensuring timely reimbursement, audit readiness, and ongoing compliance with complex grant requirements. This position is critical to maintaining effective implementation of high-profile, multi-year grant programs that include multiple partners and projects and maximizing the City’s ability to manage and leverage external funding resources.

This is a two-year position that will be funded completely by grant resources and will not impact the City’s General Fund.

CITY MANAGER’S OFFICE

A Project Manager was transferred to Public Works to lead the transportation efforts last year, taking on various responsibilities such as overseeing ongoing projects, coordinating with different departments, and ensuring that transportation initiatives aligned with the city’s broader goals. With the addition of a Project Coordinator (mentioned above) and a Paratransit Coordinator to the transportation division, who will now handle day-to-day operations and provide additional support citywide, the Project Manager position is being transferred back to the City Manager’s Office. This move will allow the Project Manager to focus on high-level, strategic, cross-departmental collaboration, while the transportation division continues to grow and benefit from strengthened leadership and operational capacity in the Engineering division of Public Works.

FISCAL IMPACT:

The fiscal impact is approximately $246,037 through June 30, 2026, since the cost of the new positions is offset by the deactivated positions. It is anticipated that the positions will be filled by the end of the fiscal year. Certain positions are difficult to fill, and as such, the recruitment period may be extended resulting in savings that could potentially cover the estimated fiscal impact.
*Estimate based on step 1

Estimated Fiscal Impact

Classification Salary & Benefits at Six (6)
Months*

Add Temporary Battalion Chief ~$150,848
Add Temporary Deputy Fire Marshal ~$163,057
Add Project Coordinator ~$117,698
Add Administrative Assistant (Grant Funded) ~$107,546
Delete Human Resources Analyst ~$106,999
25

Page 5 of 5 ends

February 24, 2026
SUMMARY:

City staff recommends approval of the resolution amending the position control list and allocating funds, which will modify the position control list in the following manner:

Add the following position:

Classification Department Unit
Temporary Battalion Chief (1) Fire RFMA
Temporary Deputy Fire Marshal (1) Fire IAFF Local 188
Project Coordinator (1) Public Works –
Transportation
IFPTE Local 21 – Mid
Management
Administrative Assistant (1)
Grant funded
Community
Development
SEIU Local 1021 – General
Employees
Project Manager (transfer) (1) City Manager’s Office IFPTE Local 21 – Executive Management

Delete the following positions:

Classification Department Unit
Human Resources Analyst (1) Human Resources IFPTE Local 21 Mid- Management
Administrative Services Coordinator
(1)
Finance IFPTE Local 21 Mid-
Management
CCTV Wireless and Systems
Specialist (1)
Police SEIU Local 1021 General
Employees

DOCUMENTS ATTACHED:

Attachment 1 – Resolution Amending Position Control

Delete CCTV Wireless and Systems
Specialist
~$97,382
Delete Administrative Services Coordinator ~$88,731
26 RESOLUTION NO. _____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S POSITION CONTROL LIST

WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and

WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and

WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.

NOW THEREFORE BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to modify the position control in order to meet the operational needs of the City; and amend the budget to allocate the necessary funds for salaries, wages, and benefits as required; and

BE IT FURTHER RESOLVED, that, effective February 24, 2026, the City’s position control is hereby revised to add the following positions:

Classification Department Unit
1 Project Coordinator Public Works IFPTE Local 21 Mid
Management Unit
1 Battalion Chief (Temporary) Fire Department RFMA
1 Deputy Fire Marshal
(Temporary) Fire Department IAFF Local 188
1 Project Manager (Transfer) City Manager IFPTE Local 21- Executive Management
1 Administrative Assistant
(Grant Funded) Community Development SEIU Local 1021 – General Employees

BE IT FURTHER RESOLVED, that, effective February 24, 2026, the City’s position control is hereby revised to delete the following positions:

Classification Department Unit
1 Human Resources Analyst Human Resources IFPTE Local 21 Mid Management
27 1 CCTV Wireless and Systems
Specialist Police Department SEIU Local 1021 General
Employees
1 Administrative Services
Coordinator Finance IFPTE Local 21 Mid
Management

-----------

I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

____________________
Mayor

Approved as to form:

____________________
City Attorney

28 February 24, 2026

Mayor's Office

DATE: February 24, 2026
TO: Members of the City Council
FROM:

Mayor Eduardo Martinez

Subject:

Proclamation Recognizing March 2026 as Red Cross
Month in Richmond
FINANCIAL IMPACT: There is no fiscal impact associated with this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Observing Red Cross Month highlights the critical work of the American Red Cross in disaster response, blood
donation, and safety training. It celebrates the dedication of volunteers and staff who support our community daily, embodying a commitment to compassion and service.

RECOMMENDED ACTION:

PROCLAMATION declaring March 2026 as Red Cross
Month in the City of Richmond – Mayor’s Office (Mayor
Eduardo Martinez 510-620-6503).

DISCUSSION:

In March, we observe Red Cross Month, a time to recognize and celebrate the critical humanitarian efforts of the American Red Cross. Founded to provide emergency assistance, disaster relief, and education inside the United States, the Red Cross has AGENDA
REPORT
29 February 24, 2026
been a pillar of support and resilience. With a vast network of volunteers, the organization plays a key role in our community's safety and well-being, offering lifesaving blood donations, disaster response services, and health and safety training.

This month, Richmond honors the spirit of volunteerism and the impactful contributions of the Red Cross and its volunteers, who exemplify dedication to helping others in times of need. We encourage all residents of Richmond to support and engage with the Red Cross's mission, reinforcing our community's capacity to care for each other.

DOCUMENTS ATTACHED:

Attachment 1 – Proclamation declaring March 2026 as Red Cross Month in the City of Richmond

30 WHEREAS, March is American Red Cross Month, when we recognize the compassion of people in Richmond, California, and reaffirm our commitment to care for one another in times of crisis; and

WHEREAS, American Red Cross volunteers have stepped up to deliver relief and care across our country and around the world, bringing out the best of humanity in times of crisis as Clara Barton, founder of the American Red Cross, did over 140 years ago; and

WHEREAS, the volunteers, blood and platelet donors, and supporters shine a beacon of hope in people’s darkest hours —delivering shelter, food and comfort during disasters; providing critical blood donations for hospital patients; supporting service members, veterans and their families; saving lives with first aid, CPR, AED and other skills; or delivering international aid and reconnecting loved ones separated by global crises; and

WHEREAS, with 1148 volunteers in Contra Costa County, the American Red Cross assisted or responded to 101 disasters, assisting 190 families; and through our Sound the Alarm program, the American Red Cross installed 778 smoke alarms, making 241 homes safer, and trained 425 students through the Youth Preparedness Programs; and

WHEREAS, Contra Costa County residents donated 18,299 units of lifesaving blood; hosted 530 blood drives; and trained 12,164 citizens in first aid, CPR, AED, and aquatics; and provided 463 case services to military members and their families; and provided humanitarian aid internationally; and

WHEREAS, this work to uplift our community is made possible by those who selflessly answer the call to help, whenever and wherever it is needed. We hereby recognize this month of March in honor of their remarkable service, and we ask everyone to join in their commitment to care for one another.

NOW, THEREFORE, I, Mayor Eduardo Martinez, on behalf of the Richmond City Council, do hereby proclaim March 2026 as Red Cross Month. I encourage all citizens of Richmond, California, to reach out and support its humanitarian mission.

Proclaiming March 2026 as Red Cross Month

______________________________
Mayor Eduardo Martinez
City of Richmond
February 24, 2026
31

Page 1 of 2 ends

February 24, 2026

Public Works

DATE: February 24, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Daniel Chavarria, Director of Public Works
Darin Fitzpatrick, Assistant Deputy Director of Public
Works – Operations & Maintenance
Hugo Mendoza, Public Works Abatement Division
Superintendent
Subject:

January 2026 Abatement Report
FINANCIAL IMPACT: There is no fiscal impact for receiving this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Public Works Department is presenting City Council
the January 2026 Abatement Presentation, summarizing
illegal dumping removal, encampment abatement, graffiti removal, and related mitigation activities conducted
citywide.

RECOMMENDED ACTION:

RECEIVE a report on the January 2026 abatement
activities – Public Works Department (Daniel Chavarria
510-620-5478/Darin Fitzpatrick 510-231-3044/Hugo
Mendoza 510-231-3030).

AGENDA
REPORT
32

Page 2 of 2 ends

February 24, 2026
DISCUSSION:

On a monthly basis, the Public Works Department provides City Council with a report outlining the activities of the Abatement Division. The Division is responsible for addressing illegal dumping, encampment abatement, graffiti removal, vehicle and vessel dismantling, and other nuisance abatement activities within the public right-of- way and, when authorized, on private property.

January 2026 abatement activities included:
 Illegal Dumping
o Removed 191.29 tons of illegally dumped material
o Targeted primary locations including Spring Street, 5th Street & Bissell Avenue, and other recurring hotspot corridors city-wide o Disposed of specialized waste, including 228 mattresses, 208 tires, and 148 gallons of paint/oil

 Encampment Abatement
o Abated 18 encampment locations, removing 20.71 tons of debris o Notable locations included: Florida Avenue, Cutting Boulevard & Hoffman Boulevard, and Richmond Parkway & Atlas Road

 Graffiti Removal
o Removed 224 graffiti tags during the month
o Addressed graffiti on residential fencing, utility boxes, and public infrastructure at multiple citywide locations

 Vehicles and Boats Dismantling
o Dismantled four (4) vehicles/vessels at Checker’s Tow Yard after towing by Police and Parking Enforcement from the public right-of-way

 Miscellaneous Abatement and Support Activities
o Conducted leaf removal along Macdonald Avenue
o Performed sidewalk and walkway cleanups at multiple underpasses, including Central Avenue and the 16th Street BART area
o Installed fencing and other mitigation measures at illegal dumping and encampment hot spots
o Coordinated with partner agencies, including Coordinated Outreach Referral Engagement (CORE), Caltrans, Republic Services, and Sims Metal, on encampment response and debris removal

The attached report also includes year-to-date comparisons, monthly tonnage tracking, staff hour summaries, hotspot mapping, and partner coordination details, providing transparency into operational workload and service trends.

DOCUMENTS ATTACHED:

Attachment 1 – January 2026 Abatement Report
33 PUBLIC

WORKS/ABATEMENT
JANUARY 2026

ABATEMENT UPDATE
FEBRUARY 17, 2026
34 ILLEGAL DUMPING
Corner 5th Street and Bissell Avenue
35 ILLEGAL DUMPING
1100 LOCATIONS
Spring Street
36 ILLEGAL DUMPING:

MATTRESSES, PAINT/OIL

AND TIRES
 208 TIRES
 228 MATTRESSES
 148 GALLONS OF PAINT/OIL
Tires – Wright Avenue
Mattress – Clinton Avenue
Oils – 4th Street & Greenway
37 MATTRESSES COLLECTED PER MONTH
0 50
100
150
200
250
300
2022
January
2023
January
2024
January
2025
January
2026
January
38 ILLEGAL DUMPING TOTAL COST PER MONTH – 2026*

0.00 20,000.00
40,000.00
60,000.00
80,000.00
100,000.00
120,000.00
140,000.00
January February March April May June July August September October November December *Includes Labor and Equipment
39 Tonnage Collected Jan Feb March April May Jun Jul Aug Sep Oct Nov Dec YTD 2022 143.24 181.58 209.4 189.23 197.55 182.86 343.3 311.5 247.37 215.74 231.95 278.08 2731.80 2023 249.87 169.66 210.78 224.86 185.09 242.03 213.87 238.18 207.01 317.6 261.62 231.51 2752.08 2024 290.37 185.55 229.98 194.45 286.88 208.95 216.96 392.56 271.85 305.43 272.36 281.48 3136.62 2025 280.88 176.79 162.83 231.33 207.63 185.16 174.05 200.3 202.64 204.01 199.00 192.15 2417.77 2026 191.29 191.29
Illegal Dumping (Tons) YTD Comparison
40 ILLEGAL DUMPING TONNAGE COLLECTED PER MONTH - 2026
0 50
100
150
200
250
41 ENCAMPMENT
ABATEMENT (18)
20.71 Tons removed
2500 Florida Avenue
42 ENCAMPMENT ABATEMENT

CUTTING AND HOFFMAN BLVD

RICHMOND PARKWAY AND ATLAS ROAD
43 ENCAMPMENTS TONNAGE COLLECTED PER MONTH
0 5
10 15
20 25
30 35
40 2022
January
2023
January
2024
January
2025
January
2026
January
44 ENCAMPMENTS TONNAGE COLLECTED PER MONTH - 2026
0 5
10 15
20 25
45 GRAFFITI REMOVAL
224 Tags Removed
112 Locations
Macdonald Avenue/I-80 Underpass
46 GRAFFITI

REMOVAL
47 GRAFFITI TAGS REMOVED PER MONTH
0 50
100
150
200
250
300
2022
January
2023
January
2024
January
2025
January
2026
January
48 January Stats 2023 2024 2025 2026 2023 2024 2025 2026 Illegal Dumping 253.15 290.37 280.88 191.29 253.15 290.37 280.88 191.29 • Mattresses 231 268 251 228 231 268 251 228
• Tires 183 194 205 208 183 194 205 208
Encampments 5 9 17 18 5 9 17 18
• Tons 21.08 13.2 36.29 20.71 21.08 13.2 36.29 20.71
Graffiti Locations 102 102 131 112 102 102 131 112
• Tags 246 197 264 224 246 197 264 224
YTD
49 MISCELLANEOUS:
LEAVES REMOVAL
11TH STREET & MACDONALD
AVENUE
50 MISCELLANEOUS:

SIDEWALKS & WALKWAYS
CLEAN-UPS (4)

CENTRAL UNDERPASS
37TH STREET BART UNDERPASS
51 ABATEMENT STAFF HOURS
Illegal Dumping 1506
Encampment Removal 80
Graffiti Abatement 160
North Richmond Mitigation 28
Weeds/leaves Abatement 32
Fencing, Private Board Ups & Clean-Ups 8
Seniors Assistance 0
Leave 624
Management 190
Transport/Misc.* 12 Total 2640
January Hours
Illegal Dumping
Encampment Removal
Graffiti Abatement
North Richmond Mitigation
Weeds/leaves Abatement
Transport/Misc*
Board Ups/Clean Ups/Fencing
Seniors Assistance
ManagementTransport/Misc. includes staff hours for removal of debris from vehicles, Point Molate trash removal, and hazardous waste facility disposal.
52 on
IRON TRIANGLE
BELDING WOODS
W
Barre
tt Ave
NORTH & EAST RICHMO
HEIGHT
ATCHISO

N VILLAGE
Dim
St RICHMORE VILLAGE-
METRO
SQUARE
Illegal Dumping
Hotspot (18)
February, 2025
Canal
PULLMAN PARK PLAZA
SANTE FE 580
CORONADO EL CERRITO
Lauritzen Canal
S 31st
St
CORTEZ-STEGE LAUREL PARK
80
EASTSHORE
Miller-knox
Regional
Shoreline
PARKVIEW
MARINA BAY
POINT

RICHMOND
PANHAND

LE ANNEX
RICHMO

ND ANNEX
Richmond Inner Harbor
San
Francisco
Bay
SOUTHWE

ST ANNEX
0 1/4

1/2
1 Miles
El
Cerrito Plz
ALBANY
53 PARTNERSHIPS
54

Page 1 of 3 ends

February 24, 2026

Public Works

DATE: February 24, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Public Works Director
Robert Armijo, PE, Deputy Public Works Director/City
Engineer
Gabino Arredondo, Project Manager
Shin-Shin Ho, Administrative Services Coordinator

Subject:

Contract with ChargePoint, Inc. for Electric Vehicle
Charging Network Services
FINANCIAL IMPACT: The proposed $32,900 expenditure is included within the approved Fiscal Year 2025–2026 City’s Environmental
and Community Investment Agreement (ECIA)
Transportation budget. This amount includes $26,400 for a three-year agreement with ChargePoint, Inc. covering
10 charging ports, and a $6,500 contingency to
accommodate additional potential stations during the
contract term (Account String: 11785051-400201-
2A1JK).

PREVIOUS COUNCIL
ACTION:

June 6, 2023

STATEMENT OF THE
ISSUE:

The City of Richmond owns and operates several
ChargePoint electric vehicle (EV) charging stations.

Continued operation of these stations requires renewal of network cloud services and manufacturer warranty
coverage. The Transportation Services Division seeks
City Council approval to enter into an agreement with
ChargePoint, Inc. to provide these services.

AGENDA
REPORT
55

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February 24, 2026
RECOMMENDED ACTION: APPROVE a sole-source contract with ChargePoint, Inc., in an amount not to exceed $32,900, consisting of a base contract amount of $26,400 and a $6,500 contingency,
for network cloud services and warranty coverage for
City-owned electric vehicle charging stations, for the term of June 30, 2025, through November 10, 2028 - Public
Works Department (Gabino Arredondo 510-620-6606).

DISCUSSION:

Since 2013, the City has acquired ChargePoint electric vehicle (EV) charging stations through several purchase contracts made possible by a combination of grant funding received from the Bay Area Air Quality Management District (BAAQMD) and rebate funds from MCE Clean Energy. However, grant funds were not provided for continued operational expenses required after the grant terms expired.

On July 7, 2020, City Council approved entering into an agreement with ChargePoint Inc. to renew network cloud service and warranty coverage for the City-owned electric vehicle charging stations. The contract term was from July 7, 2020, to June 30, 2021, with four one-year renewal options not to exceed $34,970. The first amendment exercised renewal options and extended the agreement until June 30, 2023. The second amendment approved by City Council on June 6, 2023, increased the contract amount by $20,000 for a new total not to exceed amount of $54,970 and extended the term to June 30, 2025.

Currently, ChargePoint EV chargers are in operation with expired warranty coverage and network subscriptions. There is a need to enter into a new agreement to prevent interruption of EV charging services used by the public and City staff and to ensure continued warranty protection and network connectivity.

City staff request City Council approve a new contract with ChargePoint, Inc. for a term of June 30, 2025, through November 10, 2028, in the amount $32,900, which includes the quoted price of $26,400 plus an additional $6,500 to accommodate potential additional stations or unforeseen service needs during the contract term (Attachment 1).

Furthermore, a sole source procurement is appropriate here because ChargePoint is the manufacturer of the parts for the existing charging stations and is the only company that manages the cloud service. Richmond Municipal Code (RMC) Section 2.52.326 provides that a contract may be awarded without competition when it has been determined in writing, after conducting a good faith review of available sources, that there is only one source for the required goods or service (Attachment 2).

Approval of this agreement will ensure continuity of EV charging services for the public and City staff, maintain manufacturer warranty protections, and provide network management necessary for ongoing station functionality. 56

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February 24, 2026

DOCUMENTS ATTACHED:

Attachment 1 - Contract with ChargePoint, Inc.

Attachment 2 - Sole Source Justification Form

57 CITY OF RICHMOND

STANDARD CONTRACT

Department:

Public Works - Transportation
City Project Manager:

Gabino Arredondo
City Project Manager E-mail:
[email protected]
City Project Manager Phone No:
(510) 620-6606
Vendor No:
12824
Contract No:

Description of Services:

ChargePoint electric vehicle charging stations, cloud services and warranty agreement.

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:

Contractor Name: ChargePoint, Inc.

Street Address: 240 Hacienda Avenue

City, State, Zip Code: Campbell, CA 95008

Contact Person: Rebecca Boldan
Telephone: (669) 271-4464 Email: [email protected]

Business License No: 40058748

☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] other [specify:]

2. Term. The effective date of this Contract is June 30, 2025 and terminates _November 10, 2028

unless terminated earlier as set forth herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $_3 2,900.00 (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:

FY 26
FY 27
total compensation shall not exceed $_24,100.00
total compensation shall not exceed $_8,800.00

PRINT CLEAR FORM
58 FY total compensation shall not exceed $

4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.

5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C), attached hereto and incorporated herein.

6. General Conditions. This Contract is subject to the General Conditions (Exhibit D), which are attached hereto and incorporated herein.

7. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any), which are attached hereto and incorporated herein.

8. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F), which are attached hereto and incorporated herein.

9. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.

10. Signatures. These signatures attest the parties' agreement hereto:

CITY OF RICHMOND, ChargePoint, Inc.

a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)

By: By:

Title: Title:

Date Signed: Date Signed:

I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)

By: By:

City Clerk Title:

Date Signed:

Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)

59 LIST OF ATTACHMENTS:

Service Plan Exhibit A - CHARGEPOINT MSSA
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions
Special Conditions
Insurance Provisions
Exhibit D
Exhibit E
Exhibit F
60 Sanctuary City Compliance Statement Exhibit G
Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

EXHIBIT A

SERVICE PLAN

Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:

EXHIBIT A SERVICE PLAN - Reference CHARGEPOINT® MASTER SERVICES AND SUBSCRIPTION AGREEMENT (MSSA) on the next page (Page 4 to 22). 61 Revised 8.5.19
...

CHARGEPOINT®

MASTER SERVICES AND SUBSCRIPTION AGREEMENT

IMPORTANT: THIS MASTER SERVICES AND SUBSCRIPTION AGREEMENT IS A LEGAL AGREEMENT BETWEEN CITY OF RICHMOND ("SUBSCRIBER" OR “YOU”) AND CHARGEPOINT, INC., A DELAWARE CORPORATION ("CPI"). PLEASE READ IT CAREFULLY. BY USING ANY OF THE CHARGEPOINT SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE ANY CHARGEPOINT SERVICES.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION, PARTNERSHIP OR OTHER

LEGAL ENTITY, THAT ENTITY REPRESENTS THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS

AND CONDITIONS, YOU MAY NOT ENTER INTO THIS AGREEMENT AND SUCH ENTITY MAY NOT USE THE CHARGEPOINT SERVICES.

1. AGREEMENT.

1.1 SCOPE OF AGREEMENT. This Agreement governs the following activities:
(a) Provisioning of Subscriber's Charging Station(s), if any, on ChargePoint; (b) Activation and use of the ChargePoint Services on Subscriber's Charging Station(s), if any;
(c) Subscriber's use of the APls as part of the ChargePoint Services; (d) Each grant of Rights by Subscriber; and
(e) Each grant of Rights by a third party to Subscriber.

1.2 EXHIBITS AND PRIVACY POLICY. This Agreement includes the CPI Privacy Policy (https://store.chargepoint.com/privacy-policy), as amended from time to time, and the following Exhibits, which are made a part of, and are hereby incorporated into, this Agreement by reference.

Exhibit 1:

Exhibit 2:

Exhibit 3:

Exhibit 4:

Flex Billing Terms
API Terms
Terms Regarding Granting and Receipt of Rights
City of Richmond Standard Contract

In the event of any conflict between the terms of this Agreement on the one hand, and the Privacy Policy or any Exhibit on the other hand, this Agreement shall govern. Capitalized terms not otherwise defined in any Exhibit or the Privacy Policy shall have the same meaning as in this Agreement.

2. DEFINITIONS. The following terms shall have the definitions set forth below when used in this Agreement:

2.1 "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control", for purposes of this definition, means direct or indirect ownership or control of fifty percent (50%) or more of the vo ting interests of the subject entity.

2.2 "AP/s" means, individually or collectively, the application programming interfaces which are made available to Subscriber from time to time, as and when updated by CPI.

2.3 "ChargePoint Connections" shall have the meaning ascribed to it in the applicable data sheet. The term ChargePoint Connections shall also mean any successor service provided by CPI. 62

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2.4 "ChargePoint®" means the open-platform network of electric vehicle charging stations and the vehicle charging applications the network delivers, that is operated and maintained by CPI (as defined below) in order to provide various services to, among others, Subscriber and its employees.

2.5 "ChargePoint Services" means, collectively, the various cloud services offerings (including, without limitation, APls and application Cloud Plans) made available for subscription by CPI.

2.6 "ChargePoint Application" means any of the applications established and maintained by CPI which will allow Subscriber to access ChargePoint Services.

2.7 "Charging Station" means the electric vehicle charging station(s) purchased by Subscriber, whether manufactured by CPI or by a CPI authorized entity, which are registered and activated on ChargePoint.

2.8 "Content" means all data collected or maintained by CPI in connection with the operation of ChargePoint.

2.9 "CPI Marks" means the various trademarks, service marks, trade names, logos, domain names, and other distinctive brand features and designations used in connection wit h ChargePoint and/or CPI manufactured Charging Stations, including without limitation, ChargePoint.

2.10 "CPI Property" means (i) ChargePoint, (ii) the ChargePoint Services (including all Content), (iii) all data generated or collected by CPI in connection with the operation of ChargePoint and ChargePoint Services, (iv) the CPI Marks, (v) the ChargePoint Cards, and (vi) all other CPI-supplied material developed or provided by CPI for Subscriber use in connection with the ChargePoint Services.

2.11 "Documentation" means written information (whether contained in user or technical manuals, product materials, specifications or otherwise) pertaining to ChargePoint Services and/or ChargePoint and made available from time to time by CPI to Subscriber in any manner (including on-line).

2.12 "Effective Date" means the earlier of (a) the date that Subscriber electronically accepts this Agreement, or (b) the date of Subscriber's first use of the ChargePoint Services.

2.13 "Intellectual Property Rights" means all intellectual property rights, including, without limitation, patents, patent applications, patent rights, trademarks, trademark applications, trade names, service marks, service mark applications, copyrights, copyright applications, franchises, l icenses, inventories, know-how, trade secrets, Subscriber lists, proprietary processes and formulae, all source and object code, algorithms, architecture, structure, display screens, layouts, inventions, development tools and all documentation and media co nstituting, describing or relating to the above, including, without limitation, manuals, memoranda and records.

2.14 "Malicious Code" means viruses, worms, time bombs, Trojan horses and all other forms of malicious code, including without limitation, malware, spyware, files, scripts, agents or programs.

2.15 "Party" means each of CPI and Subscriber.

2.16 "PII" means personally identifiable information regarding Subscriber or a User (e.g., name, address, email address, phone number or credit card number) that can be used to uniquely identify, contact or locate Subscriber or such User.

2.17 "Provisioning" means activating Charging Stations, warrantees and Cloud Plans on ChargePoint

2.18 "Rights" means the rights, authorizations, privileges, actions, information and settings within the ChargePoint Services which a Rights Grantor grants to an Rights Grantee, to enable such Rights Grantee to access, obtain and use certain portions of the ChargePoint Services and certain information available therein in the course of providing services to or on behalf of such Rights Grantor in connection 63

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with one or more of the Rights Grantor
1 s Charging Stations. A Rights Grantor shall be deemed to have granted Rights to the entity that will be responsible for creating Subscriber 1 s account and Provisioning
Subscrib.er
1 s Charging Stations. Such deemed grant may be terminated by Subscriber at any time.

2.19 "Cloud Plan(s)" means subscription plans to the ChargePoint Services which are offered and sold by CPI from time to time, which vary according to their features, privileges and pricing.

2.20 "Subscriber Content and Services" means any content and/or services that a Subscriber provides or makes available to Users and/or the general public in connection with the ChargePoint Services, other than Content, Charge Point Services and CPI Property.

2.21 "Subscriber Marks
11 means the various trademarks, service marks, trade names, logos, domain names, and other distinctive brand features and designations used by Subscriber in connection with its business and/or Charging Stations.

2.22 "Subscription Fees" means the fees payable by Subscriber for subscribing to any Charge Point Services.

2.23 "Taxes" shall mean all present and future taxes, imposts, levies, assessments, duties or charges of whatsoever nature including without limitation any withholding taxes, sales taxes, use taxes, service taxes, value added or similar taxes at the rate applicable for the time being imposed by any national or local government, taxing authority, regulatory agency or other entity together with any penalty payable in connection with any failure to pay or any delay in paying any of the same and any interest thereon.

2.24 "Token(s)" means the serialized proof of purchase of a Cloud Plan that is used by CPI in connection with enabling Services and/or provisioning Charging Stations.

2.25 "User' means any person using a Charging Station.

3. AVAILABLE CHARGEPOINT SERVICES & CLOUD PLANS. A description of the various ChargePoint Services and Cloud Plans currently available for subscription is located on the CPI website. CPI may make other ChargePoint Services and/or Cloud Plans available from time to time, and may amend the features or benefits offered with respect to any ChargePoint Service or Cloud Plan at any time and from ti me to time.

Subscription Fees are based on Subscriber's choice of Cloud Plan and not on actual usage of the Subscription.

4. CPl'S RESPONSIBILITIES AND AGREEMENTS.

4.1 OPERATION OF CHARGEPOINT. CPI agrees to provide and shall be solely responsible for:
(i) provisioning and operating, maintaining, administering and supporting ChargePoint and related infrastructure (other than Subscriber
1 s Charging Stations and infrastructure for transmitting data from Charging Stations to any ChargePoint operations center); ( ii) provisioning and operating, maintaining, administering and supporting the Charge Point Applications; and (iii) operating ChargePoint in compliance with all applicable laws. CPI will protect the confidentiality and security of PII in accordance with all applicable laws and regulations and the CPI Privacy Policy and acknowledges that it is responsible for the security of "cardholder data
11 (as that term is defined for purposes of the Payment Card Industry - Data Security Standards), if any, that CPI possesses, otherwise stores, processes or transmits on behalf of Subscriber or for any impact, if any, on the security of Subscriber
1 s cardholder data environment.

4.2 LIMITATIONS ON RESPONSIBILITY. CPI shall not be responsible for, and makes no representation or warranty with respect to the following: (i) specific location(s) or number of Charging Stations now, or in the future, owned, operated and/or installed by persons other than Subscriber, or the total number of Charging Stations that comprise ChargePoint; (ii) continuous availability of electrical service to any of Subscriber
1 s Charging Stations; (iii) continuous availability of any wireless or cellular 64

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communications network or Internet service provider network necessary for the continued operation by CPI of ChargePoint; (iv} availability of or interruption of the ChargePoint Network attributable to unauthorized intrusions; and/or (v) charging stations that are not registered with and activated on the ChargePoint Network.

5. SUBSCRIBER'S RESPONSIBILITIES AND AGREEMENTS.

5.1 GENERAL.
(a} All use of ChargePoint and ChargePoint Services by Subscriber, its employees and agents and its grantees of Rights shall comply with this Agreement and all of the rules, limitations and policies of CPI set forth in the Documentation. All ChargePoint Services account details, passwords, keys, etc. are granted to Subscriber solely for Subscriber's own use (and the use of its grantees of Rights), and Subscriber shall keep all such items secure and confidential. Subscriber shall prevent, and shall be fully liable to CPI for, any unauthorized access to or use of ChargePoint or ChargePoint Services via Subscriber's Charging Stations, ChargePoint Services account(s) or other equipment. Subscriber shall immediately notify CPI upon becoming aware of any such unauthorized use.
(b) Subscriber shall be solely responsible for: (i) Provisioning of its Charging Stations, if any; (ii) keeping Subscriber's contact information, email address for the receipt of n otices hereunder, and billing address for invoices both accurate and up to date; (iii) updating on the applicable ChargePoint Application, within five (5) business days, the location to which any of Subscriber's Charging Stations are moved; (iv) the mainte nance, service, repair and/or replacement of Subscriber's Charging Stations as needed, including informing CPI of the existence of any Charging Stations that are non-operational and not intended to be replaced or repaired by Subscriber; and (v} compliance with all applicable laws. (c) Subscriber shall deliver in full all benefits promised to Users by Subscriber in exchange for such Users connecting with Subscriber using ChargePoint Connections.

5.2 REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER. Subscriber represents and warrants to CPI that: (i) it has the power and authority to enter into and be bound by this Agreement and shall have the power and authority to install the Charging Stations and any other electrical vehicle charging products which are registered and activated on the ChargePoint Network}; (ii) the electrical usage to be consumed by Subscriber's Charging Stations will not violate or otherwise conflict with the terms and conditions of any applicable electrical purchase or other agreement including, without limitation, any lease, to which Subscriber is a party; and (iii) it has not installed or attached and will not install or attach Charging Stations on or to infrastructure not owned by Subscriber without proper authority, or in a manner that will block any easement or right of way.

5.3 CHARGEPOINT CARDS. Subscriber may be permitted by CPI, in CPl's sole discretion, to obtain CPI -provisioned radio -frequency identification cards ("ChargePoint Cards") which enable the individual card recipients to access and use ChargePoint. Subscriber may distribute such ChargePoint Cards to individuals, and each individual Charge Point Card recipient is responsible for activating his other ChargePoint Card on ChargePoint directly with CPI on the CPI web site. In no event will Subscriber create any separate ChargePoint accounts for any ChargePoint Card recipients or other third parties, nor will Subscriber create anonymous ChargePoint accounts associated with any Charge Point Card.

5.4 USE RESTRICTIONS AND LIMITATIONS. Subscriber shall not:
(a) sell, resell, license, rent, lease or otherwise transfer the Charge Point Services or any Content therein to any third party;
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(b) interfere with or disrupt the Charge Point Services, servers, or networks connected to the ChargePoint Services, or violate any requirements, procedures, policies, or regulations of networks connected to the ChargePoint Services set forth in this Agreement or otherwise provided to Subscriber; (c) restrict or inhibit any other user f rom using and enjoying the Charge Point Services or any other CPI services;
(d) attempt to gain unauthorized access to the ChargePoint Network or the ChargePoint Services or related systems or networks or any data contained therein, or access or use ChargePoin t or Charge Point Services through any technology or means other than those provided or expressly authorized by CPI;
(e) create any ChargePoint Services user account by automated means or under false or fraudulent pretenses, or impersonate another person or entity on ChargePoint, or obtain or attempt to obtain multiple keys for the same URL;
(f) reverse engineer, decompile or otherwise attempt to extract the source code of the ChargePoint Services or any part thereof, or any Charging Station, except to the extent expressly permitted or required by applicable law;
(g) create derivative works based on any CPI Property;
(h) remove, conceal or cover the CPI Marks or any other markings, labels, legends, trademarks, or trade names installed or placed on the Charging Stations or any peripheral equipment for use in connection with Subscriber's Charging Stations;
(i) except as otherwise expressly permitted by this Agreement or in any applicable data sheet relating to a ChargePoint Service, copy, frame or mirror any part of the ChargePo int Services or ChargePoint Content, other than copying or framing on Subscriber's own intranets or otherwise solely for Subscriber's own internal business use and purposes;
(j) access ChargePoint, any ChargePoint Application or the ChargePoint Services for th e purpose of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purpose, or for any improper purpose whatsoever, including, without limitation, in order to build a competitive product or service or copy any features, functions, interface, graphics or "look and feel;"
(k) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the ChargePoint Services or Content or collect information about Charge Point users for any unauthorized purpose;
(I) upload, transmit or introduce any Malicious Code to ChargePoint or ChargePoint Services;
(m) use any of the ChargePoint Services if Subscriber is a person barred from such use under the laws of the United States or of any other jurisdiction; or (n) use the ChargePoint Services to upload, post, display, transmit or otherwise make available (A) any inappropriate, defamatory, obscene, or unlawful content; (B) any content that infringes any patent, trademark, copyright, tra de secret or other proprietary right of any party; (C) any messages, communication or other content that promotes pyramid schemes, chain letters, constitutes disruptive commercial messages or advertisements, or is prohibited by applicable law, the Agreemen t or the Documentation.
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5.5 CONTENT.
(a) Charge Point Content (including but not limited to Charging Station data and status) is provided for planning purposes only. Subscriber may find that various events may mean actual Charging Station conditions (such as availability or pricing) differ from what is set fo rth in the Content. In addition, certain Charging Station-related Content, including Charging Station name and use restrictions, is set by the Charging Station owner and is not verified by CPI. Subscriber should exercise judgment in Subscriber's use of the Content.

(b) Certain Content may be provided under license from third parties and is subject to copyright and other intellectual property rights of such third parties. Subscriber may be held liable for any unauthorized copying or disclosure of such third par ty-supplied Content. Subscriber's use of such Content may be subject to additional restrictions set forth in the Documentation. (c) Subscriber shall not copy, modify, alter, translate, amend, or publicly display any of the Content except as expressly permitted by the Documentation. Subscriber shall not present any portion of the Content in any manner, that would (i) make such Content false, inaccurate or misleading, {ii) falsify or delete any author attributions or labels of the origin or source of Content, or (iii) indicate or suggest that the Charging Station locations provided as part of the Content are anything other than ChargePoint" Network Charging Stations.

(d) Subscriber shall not remove, obscure, or alter in any manner any proprietary rights notices (including copyright and trademark notices), warnings, links or other notifications that appear in the ChargePoint Service.

6. SUBSCRIPTION FEES AND PAYMENT TERMS.

6.1 SUBSCRIPTION FEES. Subscriber shall pay all Subscription Fees within thirty (30) days of its receipt of CPl's invoice. All payments shall be made in U.S. Dollars by check, wire transfer, ACH payment system or other means approved by CPI. Customer may not offset any amounts due to CPI hereunder against amounts due to Customer under this Agreement or any other agreement. Subscription fees payable to CPI do not include any Taxes imposed thereon, and Subscriber is responsible for any and all such Taxes.

All such Taxes shall be set forth on the invoice provided by CPI to Subscriber; provided that, CPl's failure to include any such Tax on an invoice shall not relieve Subscriber's liability therefor. Except as otherwise set forth in this Agreement, all payment obligations under this Agreement are non -cancelable and non - refundable.

6.2 LATE PAYMENTS. Late payments shall be subject to a charge equal to the lesser of (i) one and one-half percent (1.5%} per month or {ii) the maximum rate permitted by law. Subscriber will reimburse CPI for attorneys' fees and other expenses reasonably incurred by CPI in the collection of any late payments.

If any amount owing by Subscriber under this Agreement is more than thirty (30) days overdue, CPI may, without otherwise limiting CPl's rights or remedies, (a) terminate this Agreement, (b) suspend the use by Subscriber of the ChargePoint Services until such amounts are paid in full, and/or (c) condition future ChargePoint Service renewals and other Subscriber purchases on payment terms other than those set forth herein; provided that CPI shall not exercise any such rights i f Subscriber has reasonably disputed such charges and is cooperating diligently in good faith to resolve the dispute.

7. INTELLECTUAL PROPERTY RIGHTS AND LICENSES.

7.1 CPI PROPERTY. As between CPI and Subscriber, CPI retains and reserves all right, title and interest (including all related Intellectual Property Rights) in and to the CPI Property and any 67

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improvements thereto. No rights are granted to Subscriber in the CPI Property hereunder except as expressly set forth in this Agreement.

7.2 SUBSCRIBER PROPERTY. As between CPI and Subscriber, Subscriber retains and reserves all right, title and interest (including all related Intellectual Property Rights) in and to (i) all Subscriber Marks and (ii) all Subscriber Content and Services (collectively, the "Subscriber Property"). No rights are granted to CPI in the Subscriber Property hereunder except as expressly set forth in this Agreement.

7.3 LIMITED LICENSE TO SUBSCRIBER. CPI hereby grants to Subscriber a royalty-free, non- assignable, non-transferable, and non -exclusive license to use the CPI Property solely in accordance with the terms of this Agreement (including without limitation all limitations and restrictions on such use) to the extent necessary for Subscriber to access, use and receive the ChargePoint Services as permitted herein.

7.4 LIMITED LICENSE TO CPI. Subscriber hereby grants to CPI a non -assignable, non - transferable, and non-exclusive license to use the Subscriber Property solely in accordance with the terms of this Agreement (including without limitation all limitations and restrictions on such use) to the extent necessary for CPI to provide the ChargePoint Services. CPI may utilize the Subscriber Marks to advertise that Subscriber is using the ChargePoint Services. The foregoing license includes a perpetual and irrevocable right of CPI to reproduce, adapt, modify, translate, publicly perform, publicly display and distribute all Subscriber Content and Services submitted, posted or displayed by Subscriber in the ChargePoint Services, solely for the purpose of enabling CPI to operate, market and promote the ChargePoint Services, and to index and serve such Subscriber Content and Services as search results through ChargePoint Services. CPI shall have a royalty -free, worldwide, transferable, sublicensable, irrevocable perpetual license to use or incorporate in the ChargePoint Services any suggestions, enhancement requests, recommendations or other feedback provided by Subscriber or Subscriber Rights Grantees relating to the ChargePoint Services.

7.5 ADDITIONAL TERMS REGARDING CPI MARKS.
(a) USE LIMITATIONS. Subscriber shall display the CPI Marks in connection with Subscriber Charging Stations as required in this Agreement during the term of Subscriber's Cloud Plan.

Subscriber shall not use any of the CPI Marks for or with any products other than its Charging Stations. From time to time, CPI may provide updated CPI Mark usage guidelines on the ChargePoint Application or elsewhere in the Documentation, and Subscriber shall thereafter comply with such updated guidelines. For any use of the CPI Mark not authorized by such guidelines, or if no such guidelines are provided, then for each initial use of the CPI Mark, Subscriber must obtain CPl's prior written consent, which shall not be unreasonably withheld or delayed, and after such consent is obtained, Subscriber may use the CPI Mark in the approved manner. All use by Subscriber of CPl's Marks (including any goodwill associated therewith) will inure to the benefit of CPI.
(b) PROHIBITIONS. Subscriber shall not use or display any CPI Mark (or any likeness of a CPI Mark):
(i) as a part of the name under which Subscriber's business is conducted or in connection with the name of a business of Subscriber or its Affiliates; (ii) in any manner that (x) implies a relationship or affiliation with CPI other than as described under the Agreement, (y) implies any sponsorship or endorsement by CPI, or (z) can be reasonably interpreted to suggest that any Subscriber Content and Services has been authored by, or represents the views or opinions of CPI or CPI personnel; 68

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(iii) in any manner intended to disparage CPI, ChargePoint, or the ChargePoint Services, or in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to CPI;
(iv) in any manner that violates any law or regulation; or

(v) that is distorted or altered in any way (including squeezing, stretching, inverting, discoloring, etc.) from the original form provided by CPI.

(c) NO REGISTRATION OF CPI MARKS. Subscriber shall not, directly or indirectly, register or apply for, or cause to be registered or applied for, any CPI Marks or any patent, trademark, service mark, copyright, trade name, domain name or registered design that is substantially or confusingly similar to a CPI Mark, patent, trademark, s ervice mark, copyright, trade name, domain name or registered design of CPI, or that is licensed to, connected with or derived from confidential, material or proprietary information imparted to or licensed to Subscriber by CPI. At no time will Subscriber challenge or assist others to challenge the CPI Marks (except to the extent such restriction. is prohibited by law) or the registration thereof by CPI. (d) TERMINATION AND CESSATION OF USE OF CPI MARKS. Upon termination of this Agreement, Subscriber will immediately discontinue all use and display of all CPI Marks.

8. LIMITATIONS OF LIABILITY.

8.1 DISCLAIMER OF WARRANTIES. CHARGEPOINT AND THE CHARGEPOINT SERVICES ARE PROVIDED "AS IS
11 AND "AS AVAILABLE" FOR SUBSCRIBER'S USE, WITHOUT WARRANTIES OF ANY KIND,

EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CPI DOES

NOT WARRANT THAT (A) SUBSCRIBER'S USE OF THE CHARGEPOINT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM ERROR, OR MEET SUBSCRIBER'S REQUIREMENTS; (B) ALL CONTENT AND

OTHER INFORMATION OBTAINED BY SUBSCRIBER FROM OR IN CONNECTION WITH THE CHARGEPOINT SERVICES WILL BE ACCURATE AND RELIABLE; (C) ALL DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE CHARGEPOINT SERVICES WILL BE CORRECTED. ALL CONTENT OBTAINED THROUGH THE CHARGEPOINT SERVICES IS OBTAINED AT SUBSCRIBER'S OWN DISCRETION AND RISI<, AND SUBSCRIBER

WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S COMPUTER SYSTEM OR OTHER

DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

8.2 EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. REGARDLESS OF WHETHER

ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL

CPI BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION,

LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,

HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE

USE OF OR INABILITY TO USE THE CHARGEPOINT NETWORK, ANY CHARGEPOINT SERVICES, THIS

AGREEMENT, A GRANT OR RECEIPT OF RIGHTS OR OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR CLAIMED WARRANTIES BY SUBSCRIBER NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT.

8.3 ELECTRICAL, CELLULAR AND INTERNET SERVICE INTERRUPTIONS. Neither CPI nor Subscriber shall have any liability whatsoever to the other with respect to damages caused by: (i) electrical outages, power surges, brown -outs, utility load management or any other similar electrical service interruptions, whatever the cause; (ii) interruptions in wireless or cellular service linking Charging Stations to ChargePoint; (iii) interruptions attributable to unauthorized ChargePoint Network intrusions; (iv) interruptions in services provided by any Internet service provider not affiliated with CPI; or (v) the 69

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inability of a Charging Station to access ChargePoint as a result of any change in product offerings (including, without limitation, the any network upgrade or introduction of any "next generation" services) by any wireless or cellular carrier. This includes the loss of data resulting from such electrical, wireless, cellular or Internet service interruptions.

8.4 LIMITATION OF LIABILITY. CPl's aggregate liability under this Agreemen t shall not exceed aggregate Subscription Fees paid by Subscriber to CPI in the twelve (12) calendar months prior to the event giving rise to the liability.

8.5 CELLULAR CARRIER LIABILITY. IN ORDER TO DELIVER THE CHARGEPONT SERVICES, CPI

HAS ENTERED INTO CONTRACTS WITH ONE OR MORE UNDERLYING WIRELESS SERVICE CARRIERS (THE "UNDERLYING CARRIER"). SUBSCRIBER HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING

CARRIER AND SUBSCRIBER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN CPI AND THE UNDERLYING CARRIER. SUBSCRIBER UNDERSTANDS AND AGREES THAT THE UNDERLYING CARRIER

HAS NO LIABILITY OF ANY KIND TO SUBSCRIBER, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILIT Y IN TORT OR OTHERWISE. SUBSCRIBER AGREES TO INDEMNIFY AND HOLD

HARMLESS THE UNDERLYING CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND

ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY

DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION

WITH USE, FAILURE TO USE, OR INABILITY TO USE THE WIRELESS SERVICES EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING CARRIER'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THE AGREEMENT. SUBSCRIBER HAS NO PROPERTY

RIGHT IN ANY NUMBER ASSIGNED TO IT AND UNDERSTANDS THAT ANY SUCH NUMBER CAN BE CHANGED. SUBSCRIBER UNDERSTANDS THAT CPI AND THE UNDERLYING CARRIER CANNOT GUARANTEE

THE SECURITY OF WIRELESS TRANSMISSIONS AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE CHARGEPOINT SERVICES.

8.6 ADDITIONAL RIGHTS. BECAUSE SOME STATES OR JURISDICITONS DO NOT ALLOW THE

LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES AND/OR THE DISCLAIMER OF IMPLIED WARRANTIES AS SET FORTH IN THIS SECTION 8 1 ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY; PROVIDED THAT, IN SUCH INSTANCES, CPl'S LIABILTY AND/OR IMPLIED WARRANTIES GRANTED IN SUCH CASES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. TERM, RENEWAL AND TERMINATION.

9.1 TERM OF AGREEMENT. This Agreement shall become effective on the Effective Date and shall continue until the expiration of all of Subscriber's Cloud Plans.

CLOUD PLAN TERM. Each Cloud Plan acquired by Subscriber shall commence as follows: Each Cloud Plan acquired for use with a new Charging Station will commence on the earlier to occur of (i) the date of Provisioning such new Charging Station, or (ii) one year from the date the Token(s) necessary for Provisioning such new Charging Station is made available to Subscriber or its installer. Upon expiration of the original term, this Agreement may be renewed upon mutual written agreement between both parties for successive one-year terms at the list price applicable thereto, subject to increases (not to exceed 5% annually) and Subscriber's right to terminate below. Should the renewal be cancelled and subsequently be requested to be reinstated by Subscriber, reinstatement will be subject to the payment of Subscription Fees for any lapse period plus reasonable reinstatement fee. Renewals of Cloud Plans will commence on the date of the expiration of the Subscription being renewed. All other Cloud Plans will commence on the date of activation of such Cloud Plans, but in no event more than one 70

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year after the date the Token(s) necessary for such activation is made available to Subscriber. Each Subscriber Cloud Plan shall continue for the applicable duration thereof, unless this Agreement is terminated earlier in accordance with its terms.

9.2 TERMINATION BY CPI.
(a) This Agreement may be immediately terminated by CPI: (i) if Subscriber is in material breach of any of its obligations under this Agreement, and has not cured such breach within thirty (30) days (or within five (5) days in the case of any payment default) of Subscriber's receipt of written notice thereof; (ii) Subscriber becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors; (iii) upon the determination by any regulatory body that the subject matter of this Agreement is subject to any governmental regulatory authorization or review that imposes additional costs of doing business upon CPI; or (iv) as otherwise explicitly provided in this Agreement. Regardless of whether Subscriber is then in breach, CPI may, in its reasonable discretion, determine that it will not accept any proposed renewal by Subscriber of its subscription to ChargePoint Services. In such case, this Agreement shall terminate upon the later of the expiration of all of Subscriber's subscriptions to ChargePoint Services.
(b) CPI may in its discretion suspend Subscriber's continuing access to the ChargePoint Services or any portion thereof if (A) Subscriber has breached any provision of this Agreement,; (B) such suspension is required by law (for example, due to a cha nge to the law governing the provision of the ChargePoint Services); or (c) providing the ChargePoint Services to Subscriber could create a security risk or material technical burden as reasonably determined by CPI.

9.3 TERMINATION BY SUBSCRIBER.

This Agreement may be immediately terminated by Subscriber without prejudice to any other remedy of Subscriber at law or equity: (i) if CPI is in material breach of any of its obligations under this Agreement, and has not cured such breach within thirty (30) days of the date of its receipt of written notice thereof, (ii) CPI becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of creditors, or (iii) upon providing thirty (30) days prior written notice.

9.4 REFUND OR PAYMENT UPON TERMINATION. Upon any termination of this Agreement for cause by Subscriber pursuant to Section 9.4(i)or by CPI pursuant to Section 9.3(a)(iii), CPI shall refund to Subscriber a pro -rata portion of any pre -paid Subscription Fees based upon the remaining Cloud Plan term. Upon any termination for any other reason, Subscriber shall not be entitled to any refund of any Subscription Fees as a result of such termination. Except as otherwise set forth in this Agreement, in no event shall any termination relieve Subscriber of any unpaid Subscription Fees due CPI for the Cloud Plan term in which the termination occurs or any prior Cloud Plan term.

9.5 SURVIVAL. Those provisions dealing with the Intellectual Property Rights of CPI, limitations of liability and disclaimers, restrictions of warranty, Applicable Law and those other provisions which by their nature or terms are intended to survive the termination of this Agreement will remain in full force and effect as between the Parties hereto regardless of the termination of this Agreement.

10. INDEMNIFICATION. Subscriber hereby agrees to indemnify, defend and hold CPI, its officers, directors, agents, affiliates, distribution partners, licensors and suppliers harmless from and against any and all claims, actions, proceedings, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Claims") suffered or incurred by such indemnified parties 71

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resulting from or arising out of Subscriber's actual or alleged use (directly, or through a grantee of Rights by Subscriber) of the ChargePoint Services, ChargePoint or Subscriber Content and Services. Subscriber will cooperate as fully as reasonably required in the defense of any claim. CPI reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Subscriber.

11. GENERAL.

11.1 AMENDMENT OR MODIFICATION. This Agreement may not be amended or modified except in writing signed by the Parties.

11.2 WAIVER. The failure of either Party at any time to enforce any provision of this Agreement shall not be construed to be a waiver of the right of such Party to thereafter enforce that provision or any other provision or right.

11.3 FORCE MAJEURE. Except with respect to payment obligations, neither CPI nor Subscriber will be liable for failure to perform any of its obligations hereunder due to causes beyond such party's reasonable control and occurring without its fault or negligence, including but not limited to fire, flood, earthquake or other natural disaster (irrespective of such Party's condition of any preparedness therefore); war, embargo; riot; strike; lab or action; any lawful order, decree, or other directive of any government authority that prohibits a Party from performing its obligations under this Agreement; material shortages; shortage of transport; and failures of suppliers to deliver material or components in accordance with the terms of their contracts.

11.4 ARBITRATION. This Agreement is to be construed according to the laws of the. State of California, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any conflict of law provisions that would require application of another choice of law.

Except with respect to any matter relating to Subscriber's violation of the intellectual property rights of CPI, any dispute arising from or relating to this Agreement shall be arbitrated in Santa Clara, California. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on any award may be entered in any court of competent jurisdiction. If the Parties agree, a mediator may be consulted prior to arbitration. All claims shall be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

With respect to any matter relating to the •intellectual property rights of CPI, such claim may be litigated in a court of competent jurisdiction. The prevailing party in any dispute arising out of this Agreement shall be entitled to reasonable attorneys' fees and costs.

11.5 NOTICE TO CALIFORNIA CUSTOMERS.
(a) California's Low Carbon Fuel Standard ("LCFS") was enacted to ensure that the mix of fuels sold by California oil refiners and distributers meets applicable greenhouse gas emissions targets.

California has a statewide goal to reduce carbon intensity of transportation fuels by at least 10% by 2020. (b) The ChargePoint Network can track the fueling of electric vehicles, which positively contributes to reducing California's carbon intensity. If applicable reporting requirements are met, LCFS credits are issued by the California Air Resources Board. An available LCFS credit may be claimed by certain owners and operators of electric vehicle charging stations, including both Subscriber and CPI. However, the LCFS credits are only available to one party, meaning any available credits may be claimed by either Subscriber or CPI, but not by both. CPI intends to claim available LCFS credits generated from use of the Charging Stations, but will not claim any available LCFS credits that Subscriber intends to claim. 72

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If Subscriber intends to claim the LCFS credits, it must engage in the reporting and other administrative obligations necessary to generate such credits.
(c) Subscriber agrees that it will provide CPI with written notice of its intent to claim LCFS credits within ten (10) days of the date of the Effective Date. If Subscriber does not currently intend to claim the LCFS credits, but desires to do so at any time in the future, Subscriber may, by providing written notice to CPI, elect to claim LCFS credits generated thirty (30) days or more after the date of such notice. Subscriber represents and warrants to CPI that, in the absence of providing written notice, Subscriber will not claim any LCFS credits. All notices shall be provided by email to CPI at [email protected].

11.6 NOTICE TO OREGON CUSTOMERS
(a) Oregon's Clean Fuel Program {"OCFP") was created with the purpose of reducing greenhouse gas emissions in the transportation sector. (b) The fueling of electric vehicles, and the operation of the ChargePoint Network, contributes to reducing Oregon's greenhouse gas emissions and is eligible for OCFP credits, which are issued by the Oregon Department of Environmental Quality. By reporting the amount of electric vehicle. fueling, ChargePoint is able to help Oregon track the growing use of electric vehicles in the state, for which Charge Point will receive OCFP credits.
(c) An available OCFP credit may be claimed by certain owners and operators of electric vehicle charging stations, including both Subscriber and CPI. However, the OCFP credits are only available to one party. This means any available credits may be claimed by either Subscriber or CPI, but not by both. CPI intends to claim available OCFP credits generated from use of the Charging Stations, but will not claim any available OCFP credits that Subscriber intends to claim. (d) Subscriber agrees that it will provide CPI with written notice of its intent to claim OCFP credits within ten (10) days of the date of the Effective Date. If Subscriber does not currently intend to claim the OCFP credits, but desires to do so at any time in the future, Subscriber may, by providing written notice to CPI, elect to claim OCFP credits generated thirty (30) days or more after the date of such notice. Subscriber represents and warrants to CPI that, in the absence of providing written notice, Subscriber will not claim any OCFP credits. All notices shall be provided by email to CPI at [email protected].

11.7 NOTICE REGARDING RIN DATA. For Subscriber's located in the United States, CPI will participate in an application to the U.S. Environmental Protection Agency ("EPA") to permit vehicle charging data ("Charging Data") collected by CPI from centrally networked charging stations to be utilized in a process to generate an environmental credit called a Renewable identification Number ("RIN)" under the Renewable Fuel Standard program. CPI must establish its exclusive right to utilize the Charging Data and the associated environmental attributes underlying the charging events represented by the Charging Data (Charging Data and such environmental attributes referred to collectively as, the "RIN Data") for the purposes of RIN generation. Subscriber confirms that it will not pursue utilizing RIN Data for the purposes of RIN generation and that, as between Subscriber and CPI, CPI has the exclusive right to use the RIN Data for the purpose of RIN generation.

11.8 NOTICES. Other than the notices required in Sections 11.5 and 11.6, any notice required • or permitted by this Agreement shall be sent (a) if by CPI, via electronic mail to the address indicated by Subscriber in Subscriber's ChargePoint Services account; or (b) if by Subscriber, via electronic mail to [email protected].
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11.9 INJUNCTIVE RELIEF. Subscriber acknowledges that damages for improper use of the Charge Point Services may be irreparable; therefore, CPI is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.

11.10 SEVERABILITY. Except as otherwise specifically provided herein, if any term or condition of this Agreement or the application thereof to either Party will to any extent be determined jointly by the Parties or by any judicial, governmental or similar authority, to be invalid or unenforceable, the remainder of this Agreement, or the_ application of such term or provision to this Agreement, the Parties or circumstances other than those as to which it is determined to be invalid or unenforceable, will not be affected thereby.

11.11 ASSIGNMENT. Subscriber may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of CPI (not to be unreasonably withheld). In the event of any purported assignment in breach of this Section, CPI shall be entitled, at its sole discretion, to terminate this Agreement upon written notice given to Subscriber. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. CPI may assign its rights and obligations under this Agreement.

11.12 NO AGENCY OR PARTNERSHIP. CPI, in the performance of this Agreement, is an independent contractor. In performing its obligations under this Agreement, CPI shall maintain complete control over its employees, its subcontractors and its operations. No partner ship, joint venture or agency relationship is intended by CPI and Subscriber to be created by this Agreement. Neither Party has any right or authority to assume or create any obligations of any kind or to make any representation or warranty on behalf of the other Party, whether express or implied, or to bind the other Party in any respect whatsoever.

11.13 COPYRIGHT POLICIES. It is CPl's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.

11.14 THIRD PARTY RESOURCES. The ChargePoint Services may include hyperlinks to other websites or resources. CPI has no control over any web sites or resources that are provided by companies or persons other than CPI. Subscriber acknowledges and agrees that CPI is not responsible for the availability of any such web sites or resources, CPI does not endorse any advertising, products or ot her materials on or available from such web sites or resources, and CPI is not liable for any loss or damage that may be incurred by Subscriber as a result of any reliance placed by Subscriber on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such websites or resources.
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11.15 COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute but one and the same document.

11.16 ENGLISH LANGUAGE AGREEMENT GOVERNS. Where CPI has provided Subscriber with a translation of the English language version of this Agreement, Subscriber agrees that the translation is provided for Subscriber's convenience only and that the English language version of this Agreement governs Subscriber's relationship with CPI. I f there is any conflict between the English language version of this Agreement and such translation, the English language version will prevail.

City of Richmond ChargePoint, Inc.

Signature Signature

Name Name

Title Title

Date Date

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EXHIBIT 1

FLEX BILLING TERMS

This Exhibit sets forth certain additional terms and conditions ("Flex Billing Terms") pursuant to which Subscriber may charge Users fees for the use of Subscriber's Charging Stations. In order to charge such fees, Subscriber must subscribe to a Cloud Plan that includes CPl's management, collection and/or processing services related to such fees ("Flex Billing").

1. DEFINITIONS. The following additional defined terms shall apply to these Flex Billing Terms:

1.1 "CPI Fees" means a fee, currently equal to ten percent (10%} of Session Fees, charged for a particular Session. CPI Fees are charged by CPI in exchange for its collection and processing of Session Fees on behalf of Subscriber. CPI will provide Subscriber with thirty (30} days prior written notice (which may include, without limitation, notice provided by CPI through its regular newsletter to Subscriber) of any increase in CPI Fees.

1.2 "Net Session Fees" means the total amount of Session Fees collected on behalf of the Subscriber by CPI, less CPI Fees and Taxes, if any, required by law to be collected by CPI from Users in connection with the use of Charging Stations. Except as required by law, Subscriber shall be responsible for the payment of all Taxes incurred in connection with use of Subscriber's Charging Stations.

1.3 "Session" or "Charging Session" means the period of time during which a User uses Subscriber's Charging Station to charge his or her electric vehicle for a continuous period of time not less than two (2) minutes commencing when a User has accessed such Charging Station and ending when such User has terminated such access.

1.4 "Session Fees" means the fees set by the Subscriber for a Charging Session, inclusive of any applicable Taxes.

2. FLEX-BILLING SERVICE FOR CHARGING STATIONS.

2.1. SESSION FEES. Subscriber shall have sole authority to determine and set Session Fees.

Subscriber shall be solely responsible for determining and charging Session Fees in compliance wit h all applicable laws and regulations (including without limitation any restriction on Subscriber's use of per- kWh pricing}. Subscriber acknowledges that CPI is not responsible for informing Subscriber of applicable laws or changes thereto, and CPI will not be liable to Subscriber or any third party for any alleged or actual failure of Subscriber to comply with such applicable laws and regulations.

2.2 DEDUCTIONS FROM SESSION FEES. In exchange for CPI collecting Session Fees on behalf of the Subscriber, the Subscriber hereby authorizes CPI to deduct from all Session Fees collected: (i} CPI Fees and (ii) to the extent required by Section 3, applicable Taxes.

2.3 PAYMENT TO SUBSCRIBER OF NET SESSION FEES. CPI will remit Net Session Fees to Subscriber, not less than quarterly, provided that the amount due to Subscriber hereunder is at least two hundred and fifty U.S. Dollars ($250) (or, if Subscriber is located in Canada, two hundred and fifty Canadian dollars} or more. Notwithstanding, the foregoing, CPI shall remit any unpaid Net Session Fees, regardless of the amount, to Subscriber at least annually and within thirty (30} days of the expiration or termination 76

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of this Agreement. All payments shall be made by ACH. In order to facilitate such payments, Subscriber agrees to provide to CPI, or its payment provider, Subscriber's bank information to enable electronic remittance of the Net Session Fees. If the Subscriber requests payment in a manner other than ACH (e.g., check or wire transfer), Subscriber agrees to bear the reasonable costs related to such request.

3. TAXES. If applicable, Subscriber is responsible for setting pricing on a Tax inclusive basis. CPI is not responsible for remittance of any Taxes on behalf of Subscriber and Subscriber shall be responsible to report and remit any and all applicable taxes whether state, federal, provincial or otherwise; provided that CPI is solely responsible for all Taxes assessable based on CPl 1 s income, property and employees.

Where CPI is required by law to collect and/or remit the Taxes for which Subscriber is responsible, the appropriate amount shall be invoiced to Subscriber and deducted by CPI from Session Fees, unless Subscriber has otherwise provided CPI with a valid tax or regulatory exemption certificate or authorization from the appropriate taxing or regulatory authority. 77

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0 EXHIBIT 2

API TERMS

This Exhibit sets forth certain additional terms and conditions ("API Terms") governing Subscriber's use of the APls in connection with Subscriber's use of the ChargePoint Services. The API Terms are part of the Agreement, and all such use of the APls remains subject to the Agreement terms.

1. ADDITIONAL DEFINITIONS. The following additional definitions shall apply to the API Terms.

1.1 "AP/ Implementation" means a Subscriber software application or website that uses any of the APls to obtain and display Content in conjunction with Subscriber Content and Services.

1.2 "AP/ Documentation" means all Documentation containing instructions, restrictions or guidelines regarding the APls or the use thereof, as amended and/or supplemented by CPI from time to time.

1.3 "CPI Site Terms" means the Terms and Conditions displayed on CPl's website, governing use of CPl's website and the ChargePoint Services by visitors who are not Cloud Plan subscribers.

2. API USE. Subscriber may use the APls as and to the extent permitted by Subscriber's Cloud Plan and the API Documentation, subject to the terms and conditions of the Agreement.

2.1 AVAILABLE APls AND FUNCTION CALLS. The APls give Subscriber access to information through a set of function calls . The particular APls and API function calls made available by CPI from time to time (and the Content available through such APls and function calls) will be limited by Subscriber's Cloud Plan, and Subscriber's particular Cloud Plan may not include all APls and function calls then available from CPI.

2.2 USE AND DISPLAY OF CONTENT. Subscriber is permitted to access, use and publicly display the Content with Subscriber Content and Services in Subscriber's API Implementation, subject to the following requirements and limitations. '
(a) All Charging Station locations provided to Subscriber as part of the Content shall be clearly identified by Subscriber in Subscriber's API Implementation as ChargePoint Network Charging Stations and shall contain the Brand Identifiers required by the API D ocumentation. In no event shall Subscriber's API Implementation identify or imply that any Charging Station is a part of any network of charging stations other than ChargePoint.

(b) Subscriber shall keep the Content used by Subscriber's API Implementation current with Content obtained with the APls to within every forty eight (48} hours.

(c) Content provided to Subscriber through the APls may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of CPl's business partners and/or other third party rights holders of Content indexed by CPI, which may not be deleted or altered in any manner.

(d) Subscriber shall not:
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(i) pre-fetch, cache, or store any Content, except that Subscriber may store limited amounts of Content for the purpose of improving the performance of Subscriber's API Implementation if Subscriber does so temporarily, securely, and in a manner that does not permit use of the Content outside of the ChargePoint Service;

(ii) hide or mask from CPI the identity of Subscriber's service utilizing the APls, including by failing to follow the identification conventions listed in the API Documentation; or

(iii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

2.3 REQUIRED INFORMATION. Subscriber must:

(a) display to all viewers and users of Subscriber's API Implementation the link to the CPI Site Terms and Conditions as presented through the ChargePoint Services or described in the Documentation;

(b) explicitly state in the use terms governing Subscriber's API Implementation that, by using Subscriber's API Implementation, such viewers and users are agreeing to be bound by the CPI Site Terms; and

(d).comply with all applicable laws designed to protect the privacy and legal rights of users of Subscriber's API Implementation.

2.4 REPORTING. Subscriber must implement reporting mechanisms, if any, that CPI requires in the API Documentation.

3. CPI BRANDING REQ.UIREMENTS AND RESTRICTIONS.

3.1 MANDATORY CPI BRANDING. Subject to Section 3.2 below and the restrictions on use of CPI Marks set forth in the Agreement, Subscriber agrees that each page comprising Subscriber's API Implementation will include a ChargePoint logo and will state that Subscriber's application or website is provided, in part, through the ChargePoint Services.

3.2 RESTRICTIONS. Subscriber shall not:

(a) display any CPI Mark as the most prominent element on any page in Subscriber's API Implementation or Subscriber's website (except as used in connection with the display of Charging Stations); or

(b) display any CPI Mark anywhere in Subscriber's API Implementation or on Subscriber's website if Subscriber's API Implementation or website contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age. 79

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EXHIBIT 3

TERMS REGARDING GRANTING OF RIGHTS

This Exhibit sets forth certain additional terms and conditions applicable to Rights Grantors and Rights Grantees regarding the granting of Rights ("Rights Terms"). The Rights Terms are part of the Agreement, and all use of the ChargePoint Services permitt ed pursuant to the Rights Terms remains subject to the Agreement.

1. ADDITIONAL DEFINITIONS. The following additional definitions shall apply.

1.1 "Rights Grantor" means Subscriber.

1.2 "Rights Grantee" means any person to whom Subscriber has granted Rights. For purposes of this Agreement, a Subscriber shall be deemed to have granted Rights to the entity assisting Subscriber with creating its account and initiating Subscriber's access to Services.

2. TERMS. This Section governs Subscriber's granting of Rights as a Rights Grantor.

2.1 LIMITED RIGHTS. A Rights Grantee's right to access and use the ChargePoint Services for and on behalf of a Rights Grantor is limited to the specific Rights granted by such Rights Grantor to such Rights Grantee.

Such Rights may be limited according to the Cloud Plan(s) subscribed to by Subscriber. Subscriber may revoke Rights, or any portion thereof, it has granted to a Rights Grantee at will and such Rights will thereafter by terminated with respect to such Rights Grantee. In no event may Subscriber grant Rights in excess of those provided to it through the Cloud Plan(s) to which it has subscribed.

2.2 RESPONSIBILITY FOR AUTHORIZED USER. All use of the ChargePoint Services by a Rights Grantee exercising Rights granted by Subscriber shall be subject to the terms and conditions of the Agreement (including without limitation Subscriber's indemnification obligation pursuant to Section 10 thereof). Subscriber shall be responsible for the actions, omissions, or performance of such Rights Grantee while exercising any such Rights, as if such action, omission or performance had been committed by Subscriber directly.

2.3 NO AGREEMENT. Subscriber acknowledges and agrees that the ChargePoint Services merely enable a Rights Grantor to extend Rights to Rights Grantees. The mere extension of such Rights by a Rights Grantor to a Rights Grantee does not constitute an agreement between Rights Grantor and the Rights Grantee with respect to the granted Rights or the exercise of such Rights by the Rights Grantee. CPI does not, either through the terms of the Agreement or the provision of ChargePoint Services undertake to provide any such agreement. It is the responsibility of the Rights Grantor and the Rights Grantee to enter into such an agreement on terms mutually acceptable to each. CPI expressly undertakes no liability with respect to such an agreement and Rights Grantor fully and unconditionally releases CPI from any liability arising out of such an agreement.

Further Rights Grantor agrees to indemnify and hold CPI, its officers, directors, agents, affiliates, distribution partners, licensors and suppliers harmless from and against any and all claims, actions, proceedings, costs, liabilities, losses and expenses (including, but not limited to, reasonable attorney s' fees) (collectively, "Claims") suffered or incurred by such indemnified parties resulting from or arising out of such agreement. 80 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:

a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.

b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.

c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:

Attention: City of Richmond Finance/Account Payable
Project Manager: _Gabino Arredondo
P.O. Box 4046
Richmond, CA 94804

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _Gabino Arredondo , before payments shall be authorized.
a. The City will pay invoice(s) within thirty (30) days after the date of invoice. The City shall not pay late fees or interest.

b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
81 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

Gabino Arredondo

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: [email protected]

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

ChargePoint, Inc.

Attn: General Counsel

240 Hacienda Avenue

Campbell, CA 95008

With a copy to Email: [email protected] and [email protected]
82 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.

The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, 83 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City.

b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.

c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.

d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).

b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.
c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in 84 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.

The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

9. TERMINATION:

a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.

b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under 85 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:

a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.

b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for 86 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent.

c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint- venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.

d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add sub- contractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.

e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.

f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”

g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:

a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees. This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable 87 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. INSURANCE:

Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

15. COMPLIANCE WITH ALL APPLICABLE LAWS:

a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,

2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
88 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor.

d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. CONFLICTING PROVISIONS:

In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

18. FORCE MAJEURE:

Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of 89 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

21. INTERPRETATION:

This Contract shall be interpreted as if drafted by both parties.

22. WARRANTY:

If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

23. SEVERABILITY:

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, 90 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

26. COUNTERPARTS:

This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 91 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

EXHIBIT E

SPECIAL CONDITIONS

Notwithstanding anything to the contrary within the Agreement, including any amendments thereto, the General Conditions under Exhibit D are hereby amended to include the following modifications and/or provisions:

1. Section 2 shall be deleted in its entirety.

2. Section 6.a. shall be deleted and replaced in its entirety with the following:

Except as clarified below, each and every written report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City. The provisions in this Section 6.a. do not include; (i) any data or information that Contractor obtains from a driver or user of the charging stations pursuant to the terms of the Contractor’s mobile driving application or other terms and conditions between Contractor and such driver or user; and (ii) any data record relating to a charging station, charging detail record, including but not limited to charging session data.

3. Section 6.c. shall be deleted and replaced in its entirety with the following:

Except as provided for in Section 6.a. above, no report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee.

4. Section 7.b. shall be deleted and replaced in its entirety with the following:

All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free and reasonable access to public Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to remotely examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.

5. Section 9.a. shall be deleted and replaced in its entirety with the following:

Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”, provided that City shall not be entitled to any refund of fees paid or payable to Contractor.

6. Section 11.a. shall be deleted and replaced in its entirety with the following:

To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the City, its City Council, boards, commissions, officials, employees and agents (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), by a third party to the extent arising from Contractor’s negligent performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. 92 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

7. The following Section 11.c. shall be added under Section 11 (Hold Harmless):

The indemnifying party’s obligations as set forth above are expressly conditioned upon each of the foregoing: (a) the indemnified party will promptly notify the indemnifying party in writing of any threatened or actual claim or suit, provided that a failure to provide such notice shall only relieve the indemnifying party of its indemnity obligations to the extent the indemnifying party is materially prejudiced by such failure; (b) the indemnifying party will have sole control of the defense or settlement of any claim or suit, provided that the indemnified party may participate in the defense of the claim with counsel of its choosing at its own expense and further provided that the indemnified party shall not be responsible for any settlement that it does not approve in writing, such approval not to be unreasonably withheld; and (c) the indemnified party will reasonably cooperate with the indemnifying party to facilitate the settlement or defense of any claim or suit at indemnifying party’s expense.

8. Section 12.a. shall be deleted and replaced in its entirety with the following:

This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.

9. Section 12.d. shall be deleted in its entirety.

93 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

EXHIBIT F

INSURANCE PROVISIONS

☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.

1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.

Should any of the above required insurance be canceled or reduced before the expiration date thereof, Contractor shall provide thirty (30) days’ advance written notice to the City of Richmond.

Attention: Risk Manager.”

Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.

Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.

2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
94 Contract No: For the Contract between the City of
Richmond and
_ChargePoint, Inc.

The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater. City does not require Contractor to secure any Builder’s Risk, Course of Construction or Pollution Liability Insurance under this Agreement.

95 Exhibit F
Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011

In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)

3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability (if applicable for Construction Contractors) 96 Exhibit F
Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011

General Liability
(primary and excess limits
combined)

PROJECT COST

$0 - $5 million
$5 million - $10 million
Over $10 million
Fireworks

REQUIRED LIMIT

$2 million p/o

$5 million p/o

$10 million p/o

$5 million p/o
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction or renovation
as well as equipment and
materials to be installed.

(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Additional Insured Endorsement Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents are to be added as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required. 97 Exhibit F
Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011

Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
98 Exhibit F
Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
99 Contract No: For the Contract between the City
of Richmond and
ChargePoint, Inc.

EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:
100
101
102
Emily Combs
Digitally signed by Emily
Combs
Date: 2025.12.04 09:07:46
-08'00'
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February 24, 2026

Community Development

DATE: February 24, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
George Kabaivanov, PE, Building Official
Subject:

Public Hearing and First Reading of Ordinance Adopting
the 2025 California Building Standards Code
FINANCIAL IMPACT: Adopting this ordinance will have no fiscal impact.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

State law mandates that all local jurisdictions enforce the California Building Standards Code (California Code of
Regulations Title 24) in the construction and
maintenance of all buildings and structures. These
standards are updated triennially. The State recently
published the 2025 California Building Standards Code.

RECOMMENDED ACTION:

HOLD a public hearing to INTRODUCE an ordinance
(first reading) amending Richmond Municipal Code
(RMC) Article VI, Building Regulations, Chapter 6.02 by adopting the 2025 California Building Standards Code
with noted local amendments – Community Development
Department (Lina Velasco/George Kabaivanov 510-620-
5519).

DISCUSSION:

Under California State law, various State agencies have statutory authority to develop building standards, also known as building codes.

California Building Standards Code (California Code of Regulations, Title 24) AGENDA
REPORT
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February 24, 2026

California Building Standards Code (CBSC) is a compilation of three types of building standards from three different origins:

1. Building standards that have been adopted by state agencies without change from building standards contained in national model codes;

2. Building standards that have been adopted and adapted from national model codes to address California’s ever-changing conditions; and

3. Building standards, authorized by the California legislature, that constitute amendments not covered by national model codes, that have been created and adopted to address particular California concerns.

All occupancies in California are subject to national model codes adopted into Title 24, and occupancies are further subject to amendments adopted by state agencies and ordinances implemented by local jurisdictions’ governing bodies.

These building standards are updated every 3 years and are adopted into Title 24 of the California Code of Regulations by the California Building Standards Commission. The 2025 California Building Standards Code is based primarily on model codes developed by national code development organizations known as the International Code Council (Building, Fire, and Residential Codes), the National Fire Protection Association (Electrical Code) and the International Association of Plumbing and Mechanical Officials (Plumbing and Mechanical Codes). The exceptions are the following building codes developed entirely in California: California Administrative Code, California Energy Code, California Green Building Standards Code, and the California Referenced Standards Code.

Both the model codes and state standards are developed with extensive local government input. The City of Richmond participates in these efforts via our membership and involvement in organizations such as the California Building Officials (CALBO) and its Local Chapters, as well as the International Code Council (ICC).

Code by Default

A local government may adopt Title 24 by reference in its jurisdiction’s ordinances. Even if a local government does not adopt Title 24 by ordinance, Title 24 becomes the applicable code for all building occupancies by default. This is made clear in HSC Sections 17950,17958, and 18938(b), and in California Building Code, Chapter 1, Division 1, Section 1.1.3.

Amendment by Local Ordinance

Local ordinances that amend Title 24 building standards are subject to the requirements of California law and must be ratified and filed for each triennial edition of Title 24.

Generally, local ordinances may only implement standards that are more restrictive than the building standards approved/adopted by the CBSC and provided that the local 105

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February 24, 2026
jurisdiction makes express findings that such changes are reasonably necessary because of local geological, climatic, or topographic conditions.

Per Health and Safety Code Section 18909(c), “Building standard” includes a regulation or rule relating to the implementation or enforcement of a building standard not otherwise governed by statute, but does not include the adoption of procedural ordinances by a city or other public agency relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations.

Local ordinances and regulations necessary to carry out procedures by a city, county, or city and county relating to civil, administrative, or criminal procedures, and remedies available for carrying out and enforcing building standards, and that do not establish building standards, may be enacted without meeting the requirements of the state laws governing Title 24 building standards amendments.

Local modifications to the building standards shall comply with Health and Safety Code Section 18941.5 for Building Standards Law, Health and Safety Code Section 17958 for State Housing Law, or Health and Safety Code Section 13869.7 for Fire Protection Districts.

The proposed ordinance amends Richmond Municipal Code (RMC) Article VI, Building Regulations, Chapter 6.02 by formally adopting the 2025 California Building Standards Code, some of the appendix chapters contained therein, along with the noted local amendments (Attachment 1). Several of the local amendments are administrative, and the others establish minimum fire and life safety measures that were previously adopted and filed with the California Building Standards Commission. Local modifications to the code are specific to each edition of the code. Therefore, local modifications must be readopted and filed with CBSC for each subsequent triennial edition of the code to remain in effect.

ENVIRONMENTAL REVIEW

The adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) per the State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed ordinance will not have an impact on the environment because they do not directly facilitate new development or changes in the type and intensity of land use.

DISCUSSION AND RECOMMENDATION

The proposed recommended action aligns with the following strategic goals:

Strategic Goal Area No. 1: Improve Quantity and Quality of Housing, Especially Low-Income Housing, and Reduce Homelessness
Goal No. 1.1: Increase housing access - especially infill development (avoid the shoreline)
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February 24, 2026
Goal No. 1.2: Reduce homelessness
Goal No. 1.3: Increase housing quality

Strategic Goal Area No. 3: Improve the Quality of Life and Community Health Goal No. 3.1: Improve maintenance of the built environment

By aligning the proposed changes with these strategic goals, the adoption of the 2025 Building Standards Code will not only enhance the physical infrastructure of our community but also support broader social objectives such as reducing homelessness, increasing access to quality housing, and improving overall community health.

DOCUMENTS ATTACHED:

Attachment 1 – Draft Ordinance Adopting 2025 CBC
Attachment 2 - Notice for Public Hearing - 2025 CA Building Code Adoption (CC Feb. 24, 2026)

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Attachment 1
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER

6.02 OF RICHMOND MUNICIPAL CODE ARTICLE VI, BUILDING REGULATIONS TO ADOPT THE 2025 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE WITH NOTED AMENDMENTS.

WHEREAS, the California Building Standards Codes are published every three years by the Building Standards Commission;
WHEREAS, the California Building Standards Commission has published the 2025 California Building Standards Code amending Title 24 of the California Code of Regulations, effective January 1, 2026; WHEREAS, California Health and Safety Code Section 17958, et. seq., provides that the 2025 California Building Standards Code may be adopted by reference, provided that prior to such adoption by reference a noticed public hearing has been held;
WHEREAS, this ordinance is exempt from the California Environmental Quality Act (CEQA) per the State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed Ordinance will not have an impact on the environment because they do not directly facilitate new development, or changes in the type and intensity of land use; WHEREAS, a noticed public hearing was held on ___________, 2026 by the City Council at which time all interested persons had the opportunity to appear and be heard on the matter, adopting by reference the 2025 Building Standards Code with noted local amendments; WHEREAS, Health and Safety Code Section 18941.5, with reference to Section 17958.7, allows for more restrictive local amendments to the Building Code that are reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, a copy of the 2025 Building Standards Code is on file with the Building Official; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows based on the following findings and determinations:

SECTION I. Findings and Determinations.

A. The following local climatic conditions justify modifications to the California Building Standards Code.

1. Climatic: The City is located in Climate Zone 3 as established in the 2025 California Energy Code.

Climate Zone 3 encompasses primarily coastal communities, extending from Marin County to southern Monterey County, including San Francisco. The City experiences an average annual precipitation of 23 inches per year. Ninety percent of precipitation falls during November through April, leaving a dry period of approximately six months each year. Relative humidity remains moderate most of the time. In addition, local surface winds frequently transport moisture-laden air from the surface of the Bay waters into the City. Larger-scale prevailing weather patterns and winds created by the jet stream from the west also transport highly humid air and storms across the Pacific Oc ean through the strait between the San Francisco Peninsula and the Marin Headlands, straddled by the Golden Gate Bridge, and into the City. The moderating effect of the Bay waters on local temperatures tends to reduce local temperature extremes, even durin g periods of high inland temperatures. The combination of moist air from adjacent waters and the associated mild temperatures means that local weather conditions often hover near the dew point. This can result in the formation of fog associated with local and regional 108

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marine weather layers, which commonly cover the City for hours or even days at a time with an average morning relative humidity of 81 percent in November. Much of Northern California is considered to possess a predominantly Mediterranean climate. At times, Richmond does experience periods of high temperature and/or low humidity, particularly between mid -July and mid-October, when the danger of hillside fires is greatest. Temperatures in September, the warmest month, average around 74 degrees Fahrenheit, and in January, the coolest month, average around 58 degrees Fahrenheit. The amendments cited herein would provide a framework to create shelters that more adequately protect the unhoused population from rain, cold , and heat. Most adults who rece ived homeless services from the Contra Costa County Department of Health and Human Services continuum of care self -reported having a disability, and many reported having a chronic health condition. Exposure to the elements puts unhoused people at greater risk.

2. Geologic: The City of Richmond is in a region of high seismic activity and is traversed by the Hayward fault. It has the San Andreas earthquake fault to the west and the Calaveras earthquake fault to the east. All three faults are known to be active as evidenced by the damaging earthquakes they have produced in the last 100 years and can, therefore, be expected to do the same in the future. Of primary concern to Richmond is the Hayward Fault, which has been estimated to be capable of earthquakes exceeding a magnitude of 7.0 on the Richter scale. It extends through many residential areas including East Richmond and Hilltop and passes through schools and business districts. A large number of underground utilities cross the fault, including major water supply and natura l gas lines. Intensified damage during an earthquake may be expected in those areas of poorer ground along the Bay, west of Interstate 80 and in known slide areas, as well as hillside areas (occupied mainly by dwellings) located within or near the fault zo ne; some areas are steep and have been subjected to slides. The waterfront areas and areas in the Richmond flatlands immediately adjacent to creeks and water streams present a major potential for soil liquefaction hazard. Thus, because the City is within a seismic area which includes these earthquake faults, the modifications and changes cited herein are designed to better limit property damage as a result of seismic activity and to establish criteria for repair of damaged properties following a local emergency.

3. Topographic: The City of Richmond is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and wastewater run -off. Also, the City is located in an area that is relatively high liquefaction potential given its proximity to the Bay. The surface condition near the Bay consists stiff to hard silty clays and clayey silts with variable amounts of gravel, which are moderately expansive. The City of Richmond has many homes built in higher elevation regions, such as in Point Richm ond, that are reached by narrow and often winding paved streets which hamper access for fire apparatus and escape routes for residents. A number of developments in these areas are of wood frame construction and are several stories in height from grade leve l. The fire potential is moderately high due to building congestion and heights. Fires can be expected to involve large groups of buildings in these areas. The local topographical conditions increase the magnitude, exposure and accessibility problems associated with the fire hazards which arise within the City. The modifications and changes cited herein are designed to better ensure life safety and appropriate Emergency Services access and response in the event of a fire emergency.

B. The City Council find s, pursuant to Title 14, Chapter 3 of the of the California Code of Regulations(CEQA Guidelines), that this ordinance is exempt from CEQA under 15061(b)(3) on the grounds that these standards are more stringent than the State code standards, and there is n o possibility that the activity in question may have a significant effect on the environment.

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SECTION II. Amendment of Code. Chapter 6.02 of Article VI of the Richmond Municipal Code is hereby amended as follows:

Chapter 6.02 BUILDING CODE OF THE CITY OF RICHMOND
Sections:

6.02.010 Adoption by reference.

6.02.020 Copies on file.

6.02.030 Amendments, additions and deletions.

6.02.010 - Adoption by reference.

A. The Building Code of the City of Richmond is the 2025 California Building Standards Code (California Code of Regulations, Title 24), adopted by reference and incorporated herein as follows:

PART 1 – CALIFORNIA ADMINISTRATIVE CODE
PART 2 – CALIFORNIA BUILDING CODE — Volumes 1 & 2, as amended in Section 6.02.030 and including the following appendices:
 Appendix G Flood-Resistant Construction
 Appendix I Patio Covers
 Appendix J Grading
 Appendix N Replicable Buildings
 Appendix Q Emergency Housing
PART 2.5 – CALIFORNIA RESIDENTIAL CODE, including the following appendices:
 Appendix CI Swimming Pool Safety Act

PART 3 – CALIFORNIA ELECTRICAL CODE
PART 4 – CALIFORNIA MECHANICAL CODE
PART 5 – CALIFORNIA PLUMBING CODE
PART 6 – CALIFORNIA ENERGY CODE
PART 7 – CALIFORNIA WILDLAND-URBAN INTERFACE CODE
PART 8 – CALIFORNIA HISTORICAL BUILDING CODE
PART 9 – CALIFORNIA FIRE CODE, as adopted by RMC Section 8.16.010.

PART 10 – CALIFORNIA EXISTING BUILDING CODE
PART 11 – CALIFORNIA GREEN BUILDING STANDARDS CODE, CALGreen PART 12 – CALIFORNIA REFERENCED STANDARDS CODE

6.02.020 Copies on file.

At least one copy of the Building Code of the City of Richmond shall be kept on file in the office of the Building Official for inspection by the public.

6.02.030 Amendments, additions, and deletions.
(a) Amendments, additions, and deletions to 2025 California Building Code Chapter 1 Division II Scope and Administration:
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1. Section 103.1 is amended as follows:
103.1 Creation of enforcement agency. The Building Division of the Community Development Department is hereby created, and the official in charge thereof shall be known as the Building Official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

2. New Section 105.3.2.1 is added as follows:
105.3.2.1 Expiration of Plan Review. Abandoned applications or applications for which no permit is issued within 180 days following the date of plan review approval notification will expire by limitation, and the Building Official may thereafter destroy plans and other data submitted for review.

3. New Section 105.5.2 is added as follows:
105.5.2 Completion of work after permit expiration. Before work on an expired permit can be recommenced, a new permit shall first be obtained and the fee for such new permit shall be one- half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. Any suspension or abandonment in excess of one year shall be treated as a new permit and subject to all the provisions thereof.

4. New Section 109.4.1 is added as follows:
109.4.1 Investigation fee for work without permit. Whenever any work for which a permit is required has been commenced without first obtaining said permit, an investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee s hall be equal to three times the permit fee as set forth in the City’s adopted fee schedule. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of either this code nor from any penalty prescribed by law. The permit fee is defined as the total fee a permit applicant would pay to obtain a building permit for a similar scope of construction, alteration, or repair.

Exemption: Dwellings legalized under section 109.4.2

5. New Section 109.4.2 with subsections is added as follows:
109.4.2 Legalization Program for Accessory Dwelling Units and residential additions and remodels
109.4.2.1 Purpose and intent. Pursuant to Government Code Section 66332, Section 17980.12 of the Health and Safety Code, and the Shelter Crisis Declaration under Resolution 79 -18, the City enacts the following dwelling unit legalization amnesty program, aiming to eliminate substandard living conditions of the existing built environment within the City to the maximum extent possible. 109.4.2.2 Scope . The legalization procedure applies to residential projects constructed without a finalized building permit and built before the enactment of this program. 109.4.2.3 Compliance procedure:
109.4.2.3.1 Code Compliance Permit The applicant must first obtain a Code Compliance Permit for legalization from the Building Division, allowing a contractor and designer to investigate and map the existing conditions. As pa rt of the investigation, the applicant may request the available building records for the property from the City Clerk’s office and may request an inspection from a Building Inspector. 109.4.2.3.2 Planning Application . Before submitting a building permit application, the applicant must discuss the project’s feasibility with the Planning Division, and if changes are necessary for planning approval, those must be included with the permit application drawings.
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109.4.2.3.3 Building Permit Application. The project applicant must apply for a building permit and present construction drawings and documents identifying the existing legally constructed portion and presenting the illegally constructed items as proposed for approval. 109.4.2.3.4 Licensed engineer required. Construction drawings for the building permit application must be prepared by a licensed engineer and demonstrate that the project, upon completion, will comply with the life and safety provisions of the California Building Standards. The permit drawings must indicate which edition of the California Building Standards Code was used in the preparation of the construction documents and demonstrate coherent compliance.
109.4.2.3.4.1 Drawings Format. Drawings must be prepared in substantially the same format as for new construction, graphically disting uishing the existing legally constructed items and the illegally constructed items proposed for legalization. Drawings must include a Title Sheet presenting the permit scope, an Index of Sheets, Floor Plans, Elevations, and Sections, as well as Energy Code Compliance Forms. 109.4.2.3.4.2 Structural analysis and drawings . Structural drawings and analysis must be included. Structural drawings must include a graphical representation of the following items:
 Structural components observed and verified by the engineer.  Questionable structural members and components that need to be verified. If questionable items exist, the construction documents must outline the verification and acceptance procedures prescribed by the engineer.
 If the analysis identifies structural deficiencies, the construction drawings must specify the new members, components, and connections that must be installed and inspected under this permit.
109.4.2.3.4.3 Structural Observation . Compliance with the minimum structural safety provisions of the code and conforman ce to the structural alterations (if any) must be ascertained in writing by the engineer of record and uploaded to the permit prior to scheduling final inspection. A note in that regard must be present on the drawings. 109.4.2.4 Effective date. This chapter shall become effective on the day adopted by the City Council. The program is not retroactive and does not allow the Building Official to refund the investigation fee collected under Section 109.4.1.
109.4.2.5 Program expiration. The program will expire on December 31 st, 2031.

6. Section 109.6 is amended to read as follows:
109.6 Refunds. The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

The Building Official may authorize the refunding of any fee paid hereunder that was erroneously paid or collected.

The Building Official may authorize the refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this chapter.

The Building Official may authorize the refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan checking is done.

7. New Section 109.7 is added as follows:
109.7 Reinspection fee. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.
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This section does not require reinspection fees the first time a job is rejected for failure to comply with the requirements of the codes. Subsequent inspections or the practice of calling for inspections before the job is ready for such inspection or reinspection may be subject to reinspection fees.

To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with the f ee schedule adopted by the City.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

8. New Section 113.3.1 is added as follows:
113.3.1 Appointment and Number of Members Appointed. The City Manager or their designee is authorized by the governing body to appoint the Board of Appeals. The Board shall consist of 5 members with a quorum of 3 to conduct business.

9. New Section 103.4.1 is added to Appendix Q, Emergency Housing as follows:

Q103.4.1 Fire & Life Safety Systems. Whenever any existing buildings have any existing fire protection and life safety systems, i.e. fire sprinkler and/or fire alarm system, these sy stems are required to be maintained in operation or made to conform to the provisions of these regulations to the extent that reasonable and adequate life safety against the hazards of fire, panic , and explosion is substantially provided. Additional means of egress may be required to provide reasonable and adequate safety.

10. New Section 103.4.2 is added to Appendix Q, Emergency Housing as follows:

Q103.4.2 Emergency Responder Radio Coverage in Existing Buildings. Existing Buildings that do not have approved radio coverage for emergency responders, as required for new buildings under Section 510.1 of the Fire Code, shall be equipped with such coverage before permitting the facility as emergency housing.

Exception: When the fire code official determines that the building satisfies one or more of the exempt provisions of Section 510.1 of the Fire Code.

11. New Section 104.10 is added to Appendix Q as follows:

Q104.10 Portable Fire Extinguishers. Portable Fire extinguisher shall be selected, installed and maintained in accordance with California Fire Code Section 906.2 (General requirements) and California Code of Regulations, title 19, Division 1, Chapter 3 in any emergency housing and emergency housing facility.

12. New Section 109.3 is added to Appendix Q as follows:

Q109.3 Emergency Vehicle Access. Emergency vehicle access shall be maintained for any emergency housing facilities. The fire code official shall approve any temporary emergency vehicle access routes for any emergency housing facility.

13. New Section 111 with subsections is added to Appendix Q as follows:

Q111 Fire Safety and Emergency Evacuation Plan.

Q111.1 Evacuation Diagram. A diagram depicting two evacuation routes shall be posted on or immediately adjacent to every required egress door from each of the emergency housing facility.

Q111.2 Fire Safety and Emergency Evacuation Plan. Where the fire code official determines that an emergency housing facility has an adverse impact on public safety through diminished access to buildings, structures, fire hydrants and fire apparatus access roads or where such facility adversely affect public safety services of any kind, the fire code official shall have the authority to order the development of or prescribe fire safety and emergency evacuation plan that provides an approved level of public safety and addresses the following items:
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Fire Safety and Emergency Evacuation Plan shall include the following:

1. Emergency egress or escape routes and whether evacuation of the building is to be completed by selected floors or areas only or with a defend-in-place response.

2. Procedures for the use of elevators to evacuate the building where occupant evacuation elevators complying with Section 3008 of the California Building Code are provided.

3. Procedures for assisted rescu e for persons unable to use the general means of egress unassisted.

4. Procedures for accounting for employees and occupants after evacuation have been completed.

5. The preferred and any alternative means of reporting fires and other emergencies to the fire department or designated emergency response organization.

6. Identification and assignment of personnel who can be contacted for further information or explanation of duties under the plan.

7. A description of the emergency voice/alarm communication system alert tone and preprogrammed voice messages, where provided.

8. Procedures for notifying occupants, including areas with a private mode alarm system.

9. Procedures for evacuating occupants, including those who need evacuation assistance.

10. The occupant assembly point(s).

11. The location of fire hydrants.

12. The normal routes of fire department vehicle access.

14. New Section 111.3 is added to Appendix Q as follows:

Q111.3 Emergency Housing Facility Floor Plan. Floor plans shall identify the locations of the following:

1. Exits

2. Primary evacuation routes

3. Secondary evacuation routes.

4. Accessible egress routes.

5. Areas of refuge.

6. Exterior areas for assisted rescue.

7. Refuge areas associated with smoke barriers and horizontal exits.

8. Manual fire alarm boxes.

9. Portable fire extinguishers

10. Fire alarm annunciators and control(s), if applicable.

11. Fire department connections and sprinkler riser location(s), if applicable.

SECTION III. Any provisions of the Richmond Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed. References to the Building Code of the City of Richmond are also hereby updated.

SECTION IV. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.

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SECTION V. Effective Date . All building permit applications filed after the effective date of this Ordinance shall be subject to this Ordinance. This Ordinance becomes effective thirty (30) days after its final passage and adoption, however, no sooner than January 1, 2026, as mandated by the State. ____________

First introduced at a regular meeting of the City Council of the City of Richmond held ____________________, 2026. Passed and adopted on ________________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)

Approved:

______________________
Mayor

Approved as to form:

______________________
City Attorney
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CITY OF RICHMOND

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on Tuesday, February 24, 2026, at the hour of 6:00 p.m., or as soon as thereafter as the matter may be heard, the Richmond City Council will conduct a public hearing in person at 440 Civic Center Plaza, and via Zoom video conference to consider the following item:

ADOPT an Ordinance amending the City’s Building Code (Richmond Municipal Code Chapter

6.02) to adopt the 2025 California Building Standards Code with local amendments.

Agenda materials are posted online at http://www.ci.richmond.ca.us/151/Council-Agenda-Documents.

For questions, contact George Kabaivanov, City of Richmond Building Official, Community Development Department (510) 620-5519.

All persons interested are invited to give public comment in person, by mail, eComment, email and/or Zoom video conference in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item:

In Person: Meeting location, 440 Civic Center Plaza, Council Chambers, Richmond CA 94804.

Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.

Via eComments : eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on.

Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.

Via email: to [email protected] by 1:00 p.m . the day of the meeting. Email MUST contain in the subject line 1) public comments – Agenda Item #. All such email with correctly labeled subject lines will be posted on-line and emailed to the City Council before the meeting is called to order.

Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.

Via Zoom: https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhIUIdQOUF1Zz09 Meeting ID: 99312205643
Passcode: ccmeeting

By Order of the Richmond City Council:

Pamela Christian
City Clerk

Dated: February 6, 2026 Published: February 14, 2026, and February 21, 2026

AVISO: Para obtener ayuda interpretative con esta noticia, por favor llame a la oficina de la Secretaria Municipal, al (510) 620-6513.
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February 24, 2026

Community Development

DATE: February 24, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Lina Velasco, Director of Community Development
Avery Stark, Planning Manager
Eva Mann, Code Enforcement Manager
Subject:

Tobacco Retailer License Amendments
FINANCIAL IMPACT: The proposed ordinance will not result in an impact on the General Fund. Tobacco Retailer Licenses issued by
the City have an associated fee to recover the staff time necessary to process the application and complete
inspections of such retailers to ensure compliance with specified standards.

PREVIOUS COUNCIL
ACTION:

April 16, 2024
May 21, 2024
April 1, 2025
July 1, 2025

STATEMENT OF THE
ISSUE:

Due to the proliferation of unlicensed tobacco retailers within the City of Richmond, the City Council passed an Urgency Ordinance on April 16, 2024, placing a
moratorium on permitting new tobacco retailers until the City could develop measures to address the negative
impacts of the increase in unpermitted tobacco retailers and establishing operating standards necessary to
reasonably regulate tobacco operations. The City Council voted on April 1, 2025, to extend the moratorium until
April 15, 2026. City staff is recommending amendments
to Richmond Municipal Code Chapter 7.106 to ensure
compliance with State law relating to the statewide
prohibition on the sale of flavored tobacco products. City staff engaged a consultant to assist in the development AGENDA
REPORT
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of enhanced regulations. The proposed ordinance
amends Chapter 7.106 and repeals Chapter 7.107.

RECOMMENDED ACTION:

HOLD a public hearing to INTRODUCE an ordinance
(first reading) amending Chapter 7.106 entitled “Tobacco Retailer License” and repealing Richmond Municipal
Code Chapter 7.107 to comply with updates to State law
relating to the sale of flavored tobacco products,
establish a cap of 50 licenses that can be issued at any one time to protect against overconcentration, and to add operational prerequisites and enhanced regulations for
enforcement of violations (including retailing without a tobacco retail license, sales to minors, and sales of illegal and hazardous substances), which shall aim to protect
vulnerable demographics, streamline compliance
standards, and enhance available enforcement tools –
Community Development Department (Lina
Velasco/Avery Stark/Eva Mann 510-621-1283).

DISCUSSION

Background

The City Council of the City of Richmond has a well-documented record of regulating the activity of tobacco retailing in the City to protect the public health, safety, and welfare of its residents, and most importantly its youth.

On July 17, 2018, the City Council adopted Ordinance No. 20-18 N.S., which, among other things, amended Richmond Municipal Code (“RMC”) Chapter 7.106, prohibiting the sale of menthol and other flavored tobacco products, establishing a minimum pack size for little cigars and traditional cigars, and imposing location requirements on new tobacco retailers from youth populated areas and other licensed retailers. In passing this ordinance, the City Council adopted explicit and extensive findings highlighting how the sale of tobacco, particularly to youth, presents an imminent threat to the public health, safety, and welfare of the residents of the City of Richmond.

On September 10, 2019, the City Council adopted Ordinance No. 14-19 N.S. amending Richmond Municipal Code Chapter 7.106 - Tobacco Retailer License - to prohibit the sale of electronic cigarettes.

In 2021, the oversight of the Tobacco Retailer License program was transferred from the Richmond Police Department’s Regulatory Unit to the Code Enforcement Division of the Community Development Department.

In late 2023, the City noticed an increase in the establishment of new tobacco retailers that failed to obtain proper licensing, which in part was likely the result of other neighboring cities strengthening regulations and enforcement tools, placing the City in a 118

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position to be an attractive market for unlicensed tobacco retailers. Following these complaints regarding the proliferation of unlicensed tobacco retailers, locations of tobacco retailer businesses, and the harmful effects of tobacco on the health, safety and welfare of City residents, especially the youth population, on April 15, 2024, the City Council adopted Urgency Ordinance No. 03-24 N.S., which imposed a temporary 45- day moratorium on the issuance of any new permits, licenses, or entitlements for new tobacco retailers within the City.

On May 21, 2024, the City Council adopted Urgency Ordinance No. 05-24 N.S. extending the temporary moratorium to April 15, 2025, to provide staff sufficient time to study the issue and propose amendments to the Municipal Code. During this study period, regulatory inspections were conducted at several tobacco retailers, which revealed that the issues relating to tobacco retailers were much broader and more serious than initially believed. Specifically, the inspections found that unlicensed tobacco retailing was only one of many violations, which also included the use of underage employees, the marketing and sale of unlawful cannabis, illicit drugs, and drug paraphernalia, and the stocking of large quantities of flavored tobacco products at multiple locations. As such, on April 1, 2025, the City Council adopted Ordinance No. 09-25, which extended the moratorium for another one year until April 15, 2026 to provide additional time to study and develop viable solutions to address the myriad public health, welfare, and safety issues identified. Further, in July 2025, the City Council amended the moratorium to provide for a pathway for certain unlicensed tobacco retailers to obtain a City tobacco retailer license during the moratorium and ultimately come into compliance with City regulations.

Notice of the February 24, 2026 public hearing was posted on the City’s Tobacco Retailers webpage: https://www.ci.richmond.ca.us/4662/Tobacco-Retailers-License and was sent via the ‘Notify Me’ notification to all subscribers. In addition, the public hearing notice was published in the newspaper on February 14 and February 21 and also posted outside of the 440 Building next to City Hall.

PROPOSED ORDINANCE AMENDMENTS

The proposed ordinance amendments clarify licensing requirements, ensure compliance with State law relating to sales of flavored tobacco products/enhancers, strengthen the City’s operating requirements and enforcement tools for tobacco retailers, and establish clear processes for inspections and compliance. These amendments aim to protect public health, safety, and welfare, reduce youth access to tobacco and nicotine products, and ensure the City is not a safe haven for nefarious business operations. In particular, the amendments maintain existing location buffer requirements while establishing a City-wide cap of 50 (fifty) Tobacco Retailer Licenses to prevent overconcentration and limit future growth of tobacco retailing. The ordinance also clarifies product restrictions, including limits on flavored tobacco products/enhancers and illicit drugs/hazardous substances, and provides for stricter and more narrowly tailored operational standards related to age verification, product display, 119

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and retailer accountability. The proposed streamlined licensing process and establishment of a clear enforcement framework will improve compliance and provide the City with effective tools to monitor tobacco sales and prohibit unlawful operations.

Together, these updates modernize the City’s tobacco retail regulations, align local policy with best practices in youth tobacco prevention and community health, and ensure compliance with State law.

Density and Location Controls
City Ordinance No. 20-18 N.S. established minimum distance requirements between tobacco retailers and sensitive uses, including schools, parks, and libraries, and required new retailers to be located at least 500 feet from another licensed tobacco retailer and 1,000 feet from youth-populated areas. Retailers operating prior to the 2018 ordinance were allowed to continue as legal nonconforming businesses, provided their licenses were renewed annually without lapse.

Today, nearly all the City’s licensed tobacco retailers are legacy businesses established before 2018 or more recently as part of the ‘Pathway to Compliance’ program adopted by Council in July 2025. Due to the existing buffer requirements, very few current licensed locations in the City would meet the buffer requirements. Because these location standards are already highly restrictive, City staff are not proposing changes to the buffer distances.

Instead, the proposed amendments would establish a City-wide cap of 50 Tobacco Retailer Licenses. This approach allows existing, compliant businesses to continue operating while also placing reasonable limitations on the number of new retailers City- wide. A numerical cap is also straightforward to administer and can be adjusted by the City Council in the future if desired. At full buildout, the cap would equate to approximately one tobacco retailer per 2,250 residents, which is comparable but more restrictive than the limits placed by neighboring jurisdictions based on density population.

City Density Policy Ratio
San Francisco Cap on licenses 1 per 1,634 residents
San Jose None 1 per 1,663 residents
Alameda Limited by
population 1 per 2,500 residents
Berkeley None 1 per 1,433 residents
Petaluma Limited by
population 1 per 2,000 residents
Richmond
(Proposed) Cap on licenses 1 per 2,250 residents

Land Use Approach
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City staff proposes strengthening the Tobacco Retailer License application and operating standards rather than adding a separate land use permit. The City considered requiring an Administrative Use Permit (AUP) for new tobacco retailers in addition to a Tobacco Retailer License. An AUP is a discretionary land use approval issued by City staff—rather than by the Richmond City Council or the planning commission—that allows a proposed use to proceed if it meets specific criteria set forth in the City’s zoning ordinance. While an AUP could provide additional land use oversight, it would create complications because land use permits typically run with the property rather than the operator. Based on these considerations and public input, City staff instead proposes strengthening the Tobacco Retailer License application and operating standards rather than adding a separate land use permit. This approach is consistent with neighboring jurisdictions.

KEY ELEMENTS OF THE PROPOSED TOBACCO RETAILER ORDINANCE

Purpose and Intent
The ordinance establishes a comprehensive local framework to regulate tobacco retailers, with the goals of protecting public health, reducing youth access to tobacco and nicotine products, addressing community impacts of tobacco sales, and ensures compliance with State law.

Tobacco Retailer License Requirement
All businesses selling tobacco products or electronic smoking devices must obtain and maintain a valid Tobacco Retailer License. Licenses are location-specific, generally non-transferable, and required at all times to operate.

Product Restrictions
The ordinance prohibits the sale of certain tobacco products that are known to appeal to youth, including flavored tobacco products and flavored electronic smoking devices, subject to any exceptions specified in the code. This approach is consistent with State laws, which explicitly prohibits any sale of flavored tobacco products and tobacco flavor enhancers.

Operational Standards
Licensed retailers must comply with clear operating requirements designed to reduce youth access, comply with State law, provide clarity to retailers, and improve accountability. Key operating requirements include:
 No self-service displays or mobile sales;
 Tobacco products must be kept behind the counter or in locked cases;  Clerks must be at least 21 years old to engage in tobacco sales;  Mandatory age verification and full compliance with State and federal sales laws;  Required posting of age-of-sale and health warning signage;  Limits on the display area for tobacco products and paraphernalia, which includes twenty percent sale display limits on new tobacco retailers not licensed prior to the effective date of the ordinance;
 Cooperation with City inspections during business hours; 121

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 Prohibition on sales of hazardous substances such as illicit drugs, nitrous oxide, synthetic cannabinoids, and Kratom;
 Prohibition of on-site use and consumption;
 Prohibition on sales of flavored tobacco products;
 Prohibition on sales of cannabis; and,
 Clarity in safety, design, and marketing requirements.

License Term, Fees, and Renewal
Licenses are issued for a one-year term and must be renewed annually. Fees are established to recover the City’s costs for administration, education, compliance monitoring, and enforcement.

Enforcement, Suspension, and Appeals
Violations may result in administrative citations, fines, and suspension or revocation of the license, with escalating penalties for sales of flavored tobacco products or repeat violations as provided by State law. Additionally, to comply with State law, confiscation procedures and processes relating to flavored tobacco products are established. The ordinance includes notice, hearing, and appeal procedures to ensure transparency for retailers and due process protections.

Nonconforming Retailers
Retailers that do not meet current location standards may continue operating as legal nonconforming businesses, provided they remain in compliance with all operational requirements, including maintaining their tobacco retailer license without lapse.

Tobacco Retailer License Application Requirements
The ordinance amendments standardize the application process to ensure the City can verify eligibility and compliance before issuing a license. Applicants must provide information on the following:

(1) Business and Ownership Information
 Legal business name, doing business as (DBA), address, and contact information
 Names and contact information for all owners and operators  Identification of a local managing agent, if applicable

(2) Disclosure and Accountability
 Identification of all persons with an ownership interest  Disclosure of prior tobacco-related violations or license actions, if required  Signed acknowledgment of responsibility for complying with all tobacco laws

(3) Site and Operations Information
 Description of the type of retail business
 Site or floor plan showing tobacco product display areas  Confirmation that the location complies with zoning and buffer requirements

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(4) Product and Regulatory Information
 Identification of the categories of tobacco and electronic smoking products to be sold
 Acknowledgment of compliance with local product restrictions  Proof of a valid California Department of Tax and Fee Administration tobacco retailer license

(5) Compliance Agreements
 Agreement to post required signage
 Consent to City inspections
 Certification that employees will be informed of tobacco sales laws

(6) Fees and Certification
 Payment of the required license fee
 Signature under penalty of perjury that the application is complete and accurate

Ongoing Operational Compliance
As a condition of licensure, retailers must continuously comply with local, State, and federal tobacco laws. Owners are responsible for employee conduct related to tobacco sales, and violations may result in citations, fines, or suspension or revocation of the Tobacco Retailer License.

SYNERGISTRIC POLICIES:

The ordinance amendments are consistent with both the General Plan Land Use Element policy 1.4 and Health and Wellness Element policy 8.2, which seeks to improve the sense of safety for residents and visitors by restricting or prohibiting uses that are incompatible with community needs and priorities, including but not limited to liquor stores and smoke shops.

ENVIRONMENTAL REVIEW:

The ordinance will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. This action, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060(c)(2)(3); 15061(b)(3); 15064(d)(3); 15378(a)).

COMMUNITY OUTREACH AND ENGAGEMENT:

Good City Company (Good City) was contracted by the City in November of 2024 to assist City staff in updating the City’s tobacco retailer regulations and permitting process. In that time, Good City, with the support of City staff, developed an existing conditions report outlining the concerning trends in tobacco consumption, current City regulations, the number of licensed and unlicensed tobacco retailers, as well as the 123

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number and type of violations seen by the tobacco task force enforcement team. The existing conditions report, potential regulations, and enforcement mechanisms were presented to the community at a workshop on February 11, 2025.

Following the community meeting, City staff and Good City presented to the Richmond Neighborhood Coordinating Council on March 10, 2025, and hosted a virtual stakeholder roundtable on March 27, 2025 with thirteen participating local tobacco retailers. Based on additional feedback from community groups, Good City and City staff drafted updates to the tobacco retail license application and renewal process.

A second community meeting was held on April 9, 2025, where the proposed ordinance changes were presented to the community for questions and feedback. Community members had the opportunity to participate in person and virtually. Eleven people participated virtually, and 29 people attended the meeting in person.

CONCLUSION:

Adoption of the amended Tobacco Retailer regulations will strengthen the City’s ability to protect public health, particularly by reducing youth access to tobacco and nicotine products, while providing clear, enforceable standards for retailers. The ordinance establishes a consistent local licensing framework, clarifies operational expectations, and aligns product restrictions and enforcement tools with current best practices in tobacco control. By addressing retailer location, product availability, and day-to-day sales practices, the regulations help curb youth initiation, support compliance with State and federal law, and ensure a level playing field for responsible businesses. Overall, these amendments provide a balanced approach that promotes community health, improves accountability, and equips the City with practical mechanisms to monitor and enforce tobacco retail activities.

DOCUMENTS ATTACHED:

Attachment 1 – Ordinance
Attachment 2 – Redline Version of the Ordinance
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ORDINANCE NO. ___
ORDINANCE REPEALING CHAPTER 7.107 AND AMENDING CHAPTER 7.106 OF

THE RICHMOND MUNICIPAL CODE TO COMPLY WITH STATE LAWS

RELATING TO TOBACCO, IMPROVE CITY ENFORCEMENT OF TOBACCO-

RELATED MUNICIPAL CODE VIOLATIONS, AND TO ENHANCE PUBLIC SAFETY,

HEALTH AND WELFARE
WHEREAS, the City of Richmond (“ City”) is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws and that serve and protect the health, safety or welfare of the public;
WHEREAS, Government Code section 38771 authorizes the City to declare what constitutes a public nuisance;
WHEREAS, the State of California has long recognized that tobacco use is a leading cause of preventable disease, disability, and death, and that protecting the public—particularly youth— from tobacco addiction is a matter of statewide concern; WHEREAS, the California Legislature recently enacted Assembly Bill 3218 (AB 3218) and Senate Bill 1230 (SB 1230) to strengthen and clarify the statewide flavored tobacco prohibitions, including requiring the Attorney General to establish and maintain an Unflavored Tobacco List by December 31, 2025 , expanding seizure and destruction authority, clarifying enforcement authority, enhancing penalties and penalties procedures, and addressing online sales and delivery;
WHEREAS, the City Council finds and declares that tobacco use remains the leading cause of preventable death in the United States, killing more than 480,000 people each year. It causes or contributes to many forms of cancer, as well as heart disease and respiratory diseases, among other health disorders. 1 Tobacco use remains a public health crisis of the first order, in terms of the human suffering and loss of life it causes, the financial costs it imposes on society, and the burdens it places on our health care system;
WHEREAS, the City Council finds and declares that each day, about 2,500 children in the United States try their first cigarette; and another 400 children under 18 years of age become new regular, daily smokers.2 81% of youth who have ever used a tobacco product report that the first

1 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at:
https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf. 2 Substance Abuse and Mental Health Services Administration. 2015 National Survey on Drug Use and Health: Detailed Tables. 2016.
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tobacco product they used was flavored 3. Flavored tobacco products promote youth initiation of tobacco use and help young occasional smokers to become daily smokers by reducing or masking the natural harshness and taste of tobacco smoke and thereby increasing the appeal of tobacco products. As tobacco companies well know, menthol, in particular, cools and numbs the throat to reduce throat irritation and make the smoke feel smoother, making menthol cigarettes an appealing option for youth who are initiating tobacco use. Tobacco companies have used flavorings such as mint and wintergreen in smokeless tobacco products as part of a “graduation strategy” to encourage new users to start with tobacco products with lower levels of nicotine and progress to products with higher levels of nicotine. It is therefore unsurprising that young people are much more likely to use menthol-, candy- and fruit-flavored tobacco products, including not just cigarettes but also cigars, cigarillos, and hookah tobacco, than adults. Data from t he 2011 National Youth Tobacco Survey indicate that more than two -fifths of U.S. middle school and high school smokers report using flavored little cigars or flavored cigarettes. Further, the Centers for Disease Control and Prevention has reported a more t han 800% increase in electronic cigarette use among middle school and high school students between 2011 and 2015. Nicotine solutions, which are consumed via electronic smoking devices such as electronic cigarettes, are sold in thousands of flavors that appeal to youth, such as cotton candy and bubble gum;
WHEREAS, the City Council finds and declares that young people and certain minority groups disproportionately use flavored tobacco products including menthol cigarettes ., In one survey, the percentage of Black or African-American adults 18-34 years old who currently smoked cigarettes used menthol cigarettes, compared to 39% of white adults in the same age group. .4 People who identify as LGBT and young adults with mental health conditions also struggle wit h disproportionately high rates of menthol cigarette use. The disproportionate use of menthol cigarettes among targeted groups, especially the extremely high use among African-Americans, is troubling because of the long-term adverse health impacts on those groups. The significant use of menthol cigarettes is an immediate hazard due to the short and long -term adverse health impacts on those groups and communities as a whole5;
WHEREAS, the City Council finds and declares that between 2004 and 2014 overall smoking prevalence decreased, but use of menthol cigarettes increased among both young adults

3 Ambrose BK, Day HR, Rostron B, et al. Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-2014. Jama. 2015;314(17):1871-1873. 4 Watkins SL, Pieper F, Chaffee BW, et al. Flavored tobacco product use among young adults by race and ethnicity: evidence from the Population Assessment of Tobacco and Health Study. J Adolesc Health. 2022;71(2):226–232.
5 California Tobacco Control Program. California Tobacco Facts and Figures 2019. Sacramento, CA: California Department
of Public Health. 2019. Available at:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ ResearchandEvaluation/FactsandFigures/CATobaccoFactsandFigures2019.pdf. 126

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(ages 18-25) and other adults (ages 26+). 6 Specifically, studies report that among adult smokers, menthol use rose to approximately 43% in 2020, with highest rates among younger adults aged 18-34. These statistics are consistent with the finding that smoking menthol cigarettes reduces the likelihood of successfully quitting smoking. Scientific modeling has projected that a national ban on flavored tobacco products including menthol cigarettes could save between 300,000 and 600,000 lives by 20507;
WHEREAS, the City Council finds it necessary to amend and clarify restrictions , enforcement tools, and licensing requirements for tobacco retailers to promote public safety and the general welfare of its residents. As part of the City’s efforts to study and improve licensing and enforcement tools for regulating unlicensed tobacco retailers and sales of prohibited tobacco products throughout the City, regulatory inspections were conducted at several tobacco retailers.

These inspections revealed serious issues including a large number of retailers operating without necessary State and local licenses, retailers being operated by underaged employees, marketing and sales of unlawful cannabis, illicit drugs, and paraphernalia including to minors, and mass quantities of flavored tobacco products available. These discoveries are particularly troublesome given the widespread availability and ease of access for the City’s youth; WHEREAS, the City Council finds it necessary and appropriate to prohibit the sale of flavored tobacco products within its limits to protect minors, reduce youth and young -adult initiation, promote cessation among current users, advance health equity (given disproportionate marketing of menthol and flavored products to historically marginalized groups), and thereby promote the general welfare of its residents;
WHEREAS, changes in State and federal statutes and case law require updates to the Municipal Code in order to comply with changes in the law; WHEREAS, the City desires to continue improving its processes to provide for effective, fair and efficient enforcement of the Municipal Code to enhance public health, safety and welfare, and to preserve the community;
WHEREAS, on February 24, 2026, the City Council held a duly noticed public hearing and introduced the Ordinance for first reading;
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred; and,

6 Villanti AC, Mowery PD, Delnevo CD, Niaura RS, Abrams DB, Giovino GA. Changes in the prevalence and correlates
of menthol cigarette use in the USA, 2004-2014. Tob Control. 2016;25(Suppl 2):ii14-ii20. doi:

10.1136/tobaccocontrol-2016-053329.
7 Levy DT, Pearson JL, Villanti AC, et al. Modeling the future effects of a menthol ban on smoking prevalence and smoking-attributable deaths in the United States. Am J Public Health. 2011;101(7):1236-1240. doi:10.2105/AJPH.2011.300179
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WHEREAS, the City Council has considered the application of the California Environmental Quality Act (CEQA) Ordinance amending the Municipal Code to provide regulations for the retail sale of tobacco products.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: The recitals above are true and correct and incorporated herein by this reference.

SECTION 2: Chapter 7.106 of the Richmond Municipal Code is amended to read as follows:

Chapter 7.106 – TOBACCO RETAILER LICENSE

7.106.010 - Purpose.

7.106.020 - Definitions.

7.106.030 - Applicability.

7.106.040 - Operating Prerequisites.

7.106.050 - Tobacco Retailer License - Application Procedures.

7.106.060 - Tobacco Retailer License - Issuance, Denial, and Appeals.

7.106.070 - Tobacco Retailer License - Fees.

7.106.080 - Tobacco Retailer License - Expiration and Renewal.

7.106.090 - Tobacco Retailer License - Denial, Suspension, and Revocation Procedures and Effects.

7.106.100 - Operating Requirements and Prohibitions.

7.106.110 - Compliance Monitoring and Inspections.

7.106.120 - Enforcement and Penalties.

7.106.010 - Purpose.

The purpose of this Chapter is to impose a licensing requirement on tobacco retailers and set forth clear operational standards for licensed retailers.

7.106.020 - Definitions.

For purposes of this Chapter, the following words, terms and phrases shall have the meanings given below:
“Arm’s length transaction” means a bona fide sale or transfer conducted in good faith and for valuable consideration that reflects fair market value in the open market, between independent, 128

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unrelated, and unaffiliated parties, each acting in its own self-interest and without any compulsion, control, influence, o r common economic interest. “Independent, unrelated, and unaffiliated parties” means parties that, at the time of the transaction, do not: share common ownership, beneficial ownership, or voting control, whether direct or indirect; have overlapping directors, officers, managers, trustees, or key decision -makers; have a familial, par tnership, joint venture, fiduciary, or contractual relationship that permits one party to influence or direct the business, management, or operations of the other; or, act pursuant to any agreement, understanding, or coordinated plan, whether written or unwritten. “Control” means the ability, whether exercised or not, to directly or indirectly direct or materially influence the management, operations, or policies of an entity, including through ownership of voting interests, contractual rights, economic dependence, or other means of effective influence. For greater certainty, an arm’s length transaction does not include any sale or transfer:
(1) Between first -degree relatives, partners, joint venturers, affiliates, or entities under common control or common beneficial ownership;
(2) That results in any direct or indirect change in control, management, operational authority, or economic benefit to a rel ated or affiliated person or entity, including through restructuring, amalgamation, assignment, trust arrangement, option, nominee arrangement, or similar device; or,
(3) In which a material purpose, assessed on an objective basis having regard to the timing, structure, consideration, and surrounding circumstances of the transaction, is to avoid, circumvent, or mitigate the application or effect of any violation of this Chapter.

The burden of demonstrating that a transaction qualifies as an arm’s length transaction rests with the party asserting such qualification.
"Characterizing flavor" means and shall include the definition set forth in California Health and Safety Code Section 104559.5, as may be amended from time to time. "Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco. "Cigarette" means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein. “Clerk” means any person present at the toba cco retailer who facilitates, attempts to facilitate, or has been tasked with facilitating the operations of the tobacco retailer regardless of title, status of employment, or scope of duties.
"Consumer" means any person who purchases a tobacco product for consumption rather than for sale to another.
"Department" means the Richmond Community Development Department , Planning Division.
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"Drug paraphernalia" means and shall include the definition set forth in California Health and Safety Code Section 11014.5, as that section may be amended from time to time, and any other equipment, product, or materials of any kind which are intended or designed for drug use including common items that may otherwise not typically relate to drug use. Enforcement officers shall have authority to determine whether a specific product is intended for drug use and shall use their expertise to make this determination taking into account the context, placement of products, similar occurrences, and any other factor providing insight into the intent. Specifically, given the prevalence of abuse of nitrous oxide throughout the City, there shall be a presumption that nitrous oxide is drug par aphernalia absent mitigating circumstances or context as determined by the enforcement officer.
"Drug store" means any business or other commercial enterprise that is (1) licensed as a pharmacy by the State of California pursuant to the California Business and Professions Code, and (2) identified as a Drug Store with the California Board of Equalization, or with the Richmond Finance Department, or is otherwise commonly known as a drugstore. “Electronic cigarette” means the definition set forth in Section 3 0121 of the California Revenue and Taxation Code, as may be amended from time to time. “Enforcement officer” means the Richmond Community Development Department, Code Enforcement Division and any designees or agents, which are vested with authority to enforce this Chapter.
“Entire premise” means all areas within or appurtenant to a building, structure, or site used, occupied, or controlled by a tobacco retailer, including but not limited t o all sales areas, storage rooms, offices, display areas, employee quarters, restrooms, hallways, loading areas, outdoor areas, and vehicles used for business purposes, regardless of whether such areas are open to the public or separately secured.
"Flavored tobacco product" means any tobacco product that imparts a Characterizing Flavor and includes any tobacco product or tobacco flavor en hancer that is not listed on the Unflavored Tobacco List established and maintained by the Attorney General pursu ant to California Health and Safety Code Section 104559.1 as may be updated from time to time. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product’s label ing or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.
“Hazardous substance” means any product, compound, mixture, or material, whether natural or synthetic, the use, ingestion, inhalati on, or absorption of which is determined to be particularly detrimental to the health, safety, or welfare of an individual including but not limited to the following: (1) Any plant or derivative commonly known as Kratom ( Mitragyna speciosa) or any product containing its active alkaloids mitragynine or 7 -hydroxymitragynine; (2) nitrous oxide; (3) synthetic cannabinoids (K2, Spice, etc.); and, (4) salvia divinorum. 130

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"Little cigar" means any roll of tobacco other than a cigarette wrapped entire ly or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand and includes, but is not limited to, any tobacco product known or labeled as "small cigar" or "little cigar" or “cigarillo”.
“Looseleaf tobacco” means any product that consists of cut or shredded pipe tobacco, which is usually sold in pouches.
"Manufacturer" means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States.
“New tobacco product” means the definition set forth in 21 U.S.C Section 387j(a)(1), as may be amended from time to time.
“Nitrous oxide” means any of the following substances: N2O2 dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas, as defined in California Penal Code Section 381c(a) as may be amended from time to time. Nitrous oxide is a colorless nonflammable gas sometimes informally o r colloquially referred to as "nitro," "NOX," "galaxy gas," "whippits," amongst other names.
"Package" or "packaging" means a pack, box, carton, or container or any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.
"Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Proprietor" means a person with an owners hip or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt.

A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.
"Sale" or "sell" means any transfer, exchange, barter, gift, offer for sale, or distribution for commercial purpose, in any manner or by any means whatsoever. “Sale display area” means the total area of shelving, counters, racks, cabinets, cases, or other fixtures located within the tobacco retailer that contain products accessible to customers and used to display goods o ffered for sale, whether for self -service or clerk -assisted purchase. For clarity, the following provisions apply:
(1) “Sale display area” shall include: all horizontal and vertical shelf space used to present products to customers ; endcaps, freestanding display units, countertop displays, and wall-mounted display systems; and, locked or behind-the-counter display cases that visibly present products to customers. (2) “Sale display area” shall not include: s torage areas not visible to customers ; back-of-retailer inventory space; and, areas where customers have no access. 131

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"Self-service display" means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assi stance of the retailer or employee of the retailer and a direct person -to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
“Shisha tobacco product” means a tobacco product smoked or intended to be smoked in a hookah and includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco product” does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product. "Tobacco product" means:
(1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, looseleaf tobacco, and snuff.
(2) Any electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to an electronic cigarette, cigar, pipe, or hookah.
(3) Notwithstanding any provision of subsections (1) and (2) to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately.
(4) Tobacco paraphernalia.
(5) Exemptions. The term "tobacco product" does not include:
i. Drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration (FDA), as those terms are defined in the Federal Food, Drug and Cosmetic Act; or,
ii. Nicotine replacement therapy products that are approved or authorized by the FDA for over -the-counter or prescription sale for the purpose of delivering nicotine to a user without combustion, without tobacco leaf, and without inhalation of smoke or aerosol, and that is intended to assist in the treatment of nicotine dependence or the cessation of tobacco use including the following: nicotine gum, lozenges, transdermal patches, nasal sprays, and oral inhalers, provided that such products: (1) deliver nicotine at a controlled, standardized, and measurable dosage in accordance with FDA approval; and, (2) are marketed, labeled, and sold primarily for smoking cessation or nicotine dependence treatment, and not for recreational use. "Tobacco paraphernalia" means any item designed or marketed for the consumption, use, or preparation of tobacco products includes any instrument or paraphernalia that is designed for the smoking or ingestion of lawful tobacco products including without limitation cigarette papers, cigarette wrappers, cigar wrappers, blunt wraps, pipes, holders, clips, and cigarette rolling 132

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machines. “Tobacco paraphernalia” excludes items classified as “drug paraphernalia” per Health and Safety Code Section 11364.5(d), as may be amended from time to time. “Tobacco product flavor enhancer” means a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product. "Tobacco retailer" means any person or entity who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacc o products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.
"Youth-populated area" means a parcel that is occupied by any of the following:
(1) Public or private school that facilitates instruction to minors (K -12, preschools, daycares);
(2) Playground open to the public regardless of ownership or access; (3) Park open to the public or to all the residents of a private community or open to the public or to all the residents of a private community; or, (4) Library that has any hours open to the public.

7.106.030 - Applicability.

The standards set forth in this Chapter shall apply to all tobacco retail sales and tobacco retailers including the operation of existing businesses, new businesses, and the conversion or expansion of an existing business to include the sale of tobacco, tobacco products, or tobacco paraphernalia, as defined herein. The provisions of this Chapter shall take effect and be in full force and operation thirty (30) days after its final passage and adoption.

7.106.040 - Operating Prerequisites.

Tobacco retailers must comply with all of the following operating prerequisites prior to engaging in any tobacco retailing operations or attempted sales of tobacco products:
(A) Tobacco Retailer License Required. It shall be unlawful for any person or entity to operate as a tobacco retailer in the City without first obtaining and maintaining a valid tobacco retailer license pursuant to this Chapter for each location at which tobacco retailing is to occur. Tobacco retailing without a valid tobacco retailer license is a nuisance as a matter of law and a violation of this Code.
(B) Lawful Business Operation. It shall be unlawful for any person or entity to operate as a tobacco retailer in the City without first obtaining and maintaining both: (1) a valid State tobacco retailer license and seller’s permit issued and obtained from the California Department of Tax and Fee Administration ; and, (2) a business tax certificate obtained pursuant to Chapter 7.04 of this Code, which shall be applied for and a complete application shall be on file with the City prior to applying for a tobacco retailer license. Upon issuance of the tobacco retailer license, the City will process and issue a business tax certificate. 133

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The issuance of any license, permit, or certificate shall not eliminate compliance with any other requirements, including the requirement for another permit, certificate, or clearance, imposed by any other local, State, or federal rule, regulation, or law. (C) Location Requirements. All location al requirements must be met including the following:
(1) Fixed Location Required. No license may be issued to authorize tobacco retailing at any location other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.
(2) Drug Store Operations Prohibited. No drug store shall engage in tobacco retailing or otherwise sell or distribute tobacco products.
(3) Convenience Market Operations Limited. Convenience markets shall adhere to the sale limitations and operational requirements set forth in Section 15.04.610.150(F) of this Code.
(4) Concurrent Sales of Cannabis Prohibited. No sales of cannabis products shall take place at any tobacco retailer.
(5) Undue Concentration Prohibited. Except as provided in Section 7.106.040(D) below, no tobacco retailing may take place, no license may be issued, and no existing license may be renewed, to authorize tobacco retailing if the proposed tobacco retailer is located within 500 feet of any parcel occupied by any existing licensed tobacco retailer or pending applic ation for tobacco retailer . For purposes of this Section, distance is measured by the shortest line connecting any point on the property line of the parcel on which tobacco retailing business will be established or maintained to any point on the property line of the other parcel.
(6) Proximity To Youth P opulation Prohibited. Except as provided in Section

7.106.040(D) below, no tobacco retailing may take place, no license may be issued, and no existing license may be renewed, to authorize tobacco retailing if the proposed tobacco retailer is located within 1,000 feet of any parcel occupied by a youth - populated area. For purposes of this section, distance is measured by the shortest line connecting any point on the property lin e of the parcel on which tobacco retailing business will be established or maintained to any point on the property line of the other parcel.
(D) Exemption For Existing Licensed Tobacco Retailers . Existing licensed tobacco retailers operating in substantial compliance prior to the effective date of this ordinance shall be exempt from certain prerequisite location requirements, set forth in Section 7.106.040(C) above, so long as the retailer’s tobacco license does not lapse, State requirements are met, and operations are brought into compliance with all provisions of this Chapter no more than one hundred and twenty ( 120) days after the date this ordinance is adopted. Failure to bring operations into compliance within this period shall be grounds for suspension or revocation of such tobacco retailer license.
(E) Limitation on Number of Tobacco Retailers. Operation Subject to Availability of Licenses. Regardless of compliance with the requirements set forth in Section 7.106.040, the City has determined that the number of tobacco retailers operating within the City at any one 134

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time shall be limited to prevent undue concentration within the City. All operations regardless of compliance with this Chapter are subject to the following limitations:
(1) The total number of tobacco retailer licenses issued by the City at any given time shall not exceed fifty (50) licenses.
(2) In the event that the number of active tobacco retailer licenses reaches the maximum amount of fifty (50) licenses, no additional tobacco retailer licenses shall be issued until such time that the total number of active tobacco licenses falls below the maximum limit.

7.106.050 - Tobacco Retailer License – Application Procedures.

All new and existing tobacco retailers must obtain an annual tobacco retailer license and comply with all operating prerequisites and standards as set forth in this Chapter. An application for a tobacco retailer license shall be submitted on a form supplied by the Department and shall contain, at a minimum, the following information:
(A) Proprietor Information.
(1) An application for a tobacco retailer license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof.
(2) Each proprietor of the business that is seeking to operate under a tobacco retailer license must provide the following information:
i. The name, address, telephone number, driver's license or similar identification, including date of birth, of each proprietor of the tobacco retailer that is applying for a license;
ii. The title and function(s) that each proprietor will serve in the operations of the tobacco retailer;
iii. Information on whether the proprietor has operated a tobacco retailer previously within the City including the business name of the tobacco retailer, the names of the operators, and the dates of operation; iv. A summary of criminal history ("LiveScan") for each proprietor prepared by the Richmond Police Department not more than thirty (30) days prior to the date the application is submitted;
v. Whether or not the proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, the City’s tobacco regulations and, if so, the dates and locations of all such violations within the previous past five years;
vi. A statement signed by each proprietor attesting that no flavored tobacco products, drug paraphernalia , illegal drugs, hazardous substances, or cannabis is or will be sold at the tobacco retailer at any time; vii. A statement signed by the property owner of record attesting to their understanding of the provisions set forth in this Chapter and agreement to ensure tenant compliance with such provisions including the prohibition of 135

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sales of flavored tobacco products, drug paraphernalia, illegal drugs, hazardous substances, and cannabis;
viii. A statement signed by each proprietor attesting to compliance with the operating prerequisites set forth in Section 7.106.040 or a statement explaining that the exemption in Section 7.106.040(D) applies and if so, that the criteria for the exemption has been complied with;
ix. A statement signed by each proprietor that they provide unconditional consent to all enforcement officer s, the Department, and any agents to inspect the tobacco retailer pursuant to the provisions of this Chapter including unannounced inspections of the entire premise without prior notice. As part of this statement, each proprietor agrees and acknowledges that failure to comply is a violation of this Chapter and grounds for immediate revocation of such tobacco retailer license; and, x. If the proprietor is not a natural person, the proprietor shall provide additional information on the entity including the following: (1) documents demonstrating entity own ership and control including : the articles of incorporation, articles of organization, certificate of formation, operating agreement, most recent statement of information, board of directors resolutions, manager resolutions, and bylaws; (2) documents demonstrating management structure including the names of all mana gers and members; and, (3) a disclosure identify all direct and indirect beneficial owners. A statement signed by an authorized officer or manager confirming the accuracy and completeness of information provided shall be provided. (3) If the proprietor is not a natural person, the information requested in Section

7.106.050(A) shall be provided by an officer or manager with authorized authority to bind the entity.
(4) It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer license. No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailers. A license issued contrary to this Chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 7.106.090. Nothing in this Chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer license any status or right to act as a tobacco retailer in contravention of any provision of law. (B) Prerequisite Com pliance. The following information regarding compliance with prerequisite operating requirements shall be provided:
(1) Proof that the location for which a tobacco retailer license is sought has been issued a valid state tobacco retailer license and seller’s permit by the California Department of Tax and Fee Administration. Providing a copy of the valid state license and California reseller number shall be sufficient proof.
(2) Proof that a complete application for a business tax certificate pursuant to Chapter

7.04 of this Code has been applied for and submitted pursuant to the procedures in 136

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Chapter 7.04 of this Code . Providing a copy of the notice of submission of the business tax certificate shall be sufficient proof.
(3) Proof of compliance with the operating prerequisites set forth in Section 7.106.040 or proof that the exemption in Section 7.106.040(D) applies and the criteria for the exemption has been met.
(C) Operating Information. The following information regarding operating procedures shall be provided:
(1) The address of the property where the proposed tobacco retailer will operate. (2) A preferred service address to receive all notices and documents from the City relating to compliance and enforcement with this Chapter. (3) Proposed hours of operation.
(4) List of proposed tobacco products and paraphernalia for sale. (5) A site plan with fully dimensioned interior and exterior floor plans, including security cameras, lighting, identification of where tobacco products will be display ed, and disabled access compliance pursuant to Title 24 of the State of California Code of Regulations and the federal Americans with Disabilities Act. (6) If the site is being rented, leased or is being purchased under contract, a copy of such lease or contract.
(7) If the site is being rented or leased, written proof that the property owner and landlord, if applicable, were given notice that the property will be used as a tobacco retail er, and that the property owner and landlord, if applicable, agree(s) to said operations. If the retail facility is to be a subtenant, then "landlord" shall mean the primary tenant. (D) Additional Information. Such other information as the Department deems necessary to process the tobacco retailer license or otherwise necessary for the administration of this Chapter. If the Department requests additional information, the applicant must supply the information within thirty (30) days and such application shall be on hold until such additional information is provided. If an applicant fails to correct any specified deficiency or provide the requested information within thirty (30) days, the application will be deemed expired for inaction. After the expiration of an application, the submittal of a new, complete application is required.

(E) Material Change. All information required by the Department to apply for a tobacco retailer license shall be updated with the Department whenever the information changes.

A tobacco retailer shall provide the Department with any updates within ten (10) days of a change.
(F) Fee. Payment of fee as described in Section 7.106.070 shall be provided with the application for the tobacco retailer license.

7.106.060 – Tobacco Retailer License – Issuance, Denial, and Appeals. (A) Issuance. Upon the Department’s receipt of both a complete application for a tobacco retailer license and the license fee as required by this Chapter, the Department may make 137

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the determination to issue a tobacco retailer license unless evidence demonstrates that one or more of the following bases for denial exists:
(1) The information presented in the application is incomplete, inaccurate, or false.

Intentionally supplying inaccurate or false information shall be a violation o f this Chapter;
(2) The application seeks authorization for tobacco retailing for a proprietor to whom this Chapter prohibits a license to be issued;
(3) The application seeks authorization for tobacco retailing at a location for which this Chapter prohibits a license to be issued;
(4) The application seeks authorization for tobacco retailing that is prohibited pursuant to this Chapter (e.g., mobile vending), that is unlawful pursuant to this Code, or that is unlawful pursuant to any other law;
(5) The applicant, or any officer, agent or owner of the applicant, if an entity, or proposed manager of the tobacco retailer has been found in violation of this Chapter, has had a prior tobacco retailer license revoked within the last year , been issued an administrative citation for operating without a tobacco retailer license within the last two years, or has had other licenses or operational approvals relating to business operations within the City revoked within the last year; (6) The applicant, or any officer, agent or owner of the applicant, if an entity, or proposed manager of the tobacco retailer has an outstanding amount of fines or fees owed to the City and are delinquent on payment;
(7) The applicant or any officer, agent or owner of the applicant, if an entity, or proposed manager of the tobacco retailer has been found in violation of any State law relevant to such license application and/or has any relevant State license that has been revoked or currently suspended;
(8) The City has assessed the impact that issuance of the tobacco retailer license will have on the public and has determined, based on substantial evidence from various City or public records and research including code-enforcement, nuisance, or law - enforcement data, that the impact on the public raises credible health, safety, and welfare concerns that outweigh the applicant’s interest in operating. Such concerns may include, but are not limited to: documented increases in traffic or pedestrian congestion attributable to simil ar uses in the vicinity; proximity to schools, youth - serving facilities, or areas where minors regularly congregate, and the potential for increased youth access to tobacco products; the existing concentration of tobacco retailers within the surrounding ar ea and the cumulative impact on vulnerable or disproportionately affected populations; documented crime statistics, police reports, or enforcement data demonstrating an association between tobacco retail activity and public safety impacts at or near the pr oposed location; the applicant’s prior compliance history, including any violations of tobacco, business licensing, or related regulations at the proposed location or other locations operated by the applicant; and, the site’s historical pattern of complain ts, enforcement actions, or adverse impacts related to similar historical uses;
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(9) Based on review of City documents and data, the City finds that issuance of the license would be contrary to this Code or State law, or legislation demonstrating detriment to public health, safety, or welfare;
(10) That the proposed use aggravates existing problems in the neighborhood relating to the use or sale of tobacco as demonstrated by City records including but not limited to code-enforcement, nuisance, or law-enforcement data demonstrating a historical concentrated rate of tobacco-related violations exceeding the citywide average; (11) That the proposed adversely affects adjacent or nearby uses, including churches and other places for religious assembly, schools, hospitals, parks, recreation centers, and residences;
(12) That the proposed use interfere s with vehicular or pedestrian circulation along a public street or sidewalk;
(13) That the proposed use is not compatible with or otherwise does not enhance, where appropriate, the visual quality of the surrounding area; or, (14) That there is an "undue concentration" of tobacco retailers in the surrounding area such that the number of tobacco retail licenses outstanding is at the limits set forth in Section 7.106.040(E).
(B) Determination. Notice of the Department’s determination on the application will be provided and s erved on the applicant pursuant to the procedures set forth in Section

7.106.090(A)(2) as well as posted on the City’s website for a period of 10 (ten) days. If denied, the notice will set forth the grounds for the determination. The Department may place conditions on operation aimed at prote cting the public safety, health, or welfare. Any conditions will be set forth in the notice of determination. (C) Appeal. Anyone aggrieved by the Department’s decision may appeal pursuant to the procedures set forth in Section 7.106.090(C).

7.106.070 - Tobacco Retailer License - Fees.
(A) Amount of Fees. The fees associated with the tobacco retailer license and administration of this Chapter shall be established in a schedule of fees maintained by the City and available to the public. The fees shall be calculated so as to recover the total costs of both license administration and license enforcement, including, for example, issuing the license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by the Chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program and shall be sepa rately accounted for. Fees are nonrefundable except as may be required by law. A tobacco retailer license will not be renewed and become invalid if the application and license fees have not been paid in full not later than thirty (30) days prior to expiration.

7.106.080 - Tobacco Retailer License - Expiration and Renewal. (A) Term and Renewal of License. A tobacco retailer license is invalid if the appropriate fee has not been paid in full not later than thirty (30) days prior to expiration or if the term of 139

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the license has otherwise expired. The term of a tobacco retailer license shall run from the date of approval through the end of the applicable calendar year in which the tobacco retailer license was issued . Each tobacco retailer shall apply for the renewal of their tobacco retailer license yearly by submitting the license fee not later than thirty (30) days prior to expiration.
(B) Expiration of License. A tobacco retailer license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to Section

7.106.080(A) above, the proprietor must provide the following to the Department:
(1) An application for a new tobacco retailer license pursuant to the procedures set forth in Section 7.106.050 along with the applicable fee set forth in Section

7.106.070; and,
(2) A signed affidavit affirming that the tobacco retailer:
i. Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before a new license is issued; ii. Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in Section 7.106.120(D), before seeking a new tobacco retailer license; and,
iii. Is in compliance with all applicable location standards as set forth in Section 7.106.040(C).
(C) License is Nontransferable. The following provisions shall apply to the transfer of tobacco retailer licenses:
(1) A tobacco retailer license may not be transferred from one person to another or from one location to another. A new tobacco retailer license is required whenever a tobacco retailing location has a change in proprietor(s) or operation at a new location is desired.
(2) Notwithstanding any other provision of this Chapter, license revocation or prior violations at a location shall continue to be counted against a location and licensee ineligibility periods set forth in Sections 7.106.090(D)(3) and 7.106.120(D) shall continue to apply to a location unless:
i. The location has been transferred to new proprietor(s) in an arm's length transaction; and,
ii. The new proprietor(s) provide the City with clear and convincing evidence that the new proprietor(s) have acquired or are acquiring the location in an arm's length transaction. The Department shall have authority to investigate whether the transaction is conducted at arm’s length. The documents required by Section 7.106.050(A)(2)(x) must be provided and the Department may request supplemental documents and information determined to be necessary for the assessment. If additional information after the transfer indicates t he transaction was not conducted at arm’s length, the tobacco retailer license shall be revoked.
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Richmond City CouncilFebruary 24, 2026

Richmond City Council
February 24, 2026