Agenda — Richmond City Council, May 5, 2026 (part 6 of 6)

May 5, 2026
City Council
DATE: May 5, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Councilmember Claudia Jimenez
Subject: Opposition to Proposed CO2 Waste Dumping Projects & CO2 Pipelines in Richmond, Contra Costa, and Solano
Counties
FINANCIAL IMPACT: There is no fiscal impact associated with this item.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Connecting the proposed Montezuma Carbon
Sequestration Hub's proposed CO2 pipeline to the oil
refinery in Richmond would jeopardize the health and
safety of neighborhoods already disproportionately
harmed by refinery pollution.

Carbon Capture and Storage (CCS) technology has
consistently proven to be ineffective, economically
unsound, and unsafe. Therefore, Richmond City Council
should oppose CO2 waste dumping projects and
pipelines in Richmond, Contra Costa, and Solano
Counties.

RECOMMENDED ACTION: RECEIVE a presentation on proposed
Montezuma CO2 Hub, a carbon waste dumping project,
that would require a massive build out of pipelines
through Richmond, risking the health and safety of
Richmond residents and ADOPT a resolution that
opposes the proposed Montezuma Carbon Sequestration
Hub's CO2 pipeline waste dumping projects and CO2
pipelines in Richmond, Contra Costa, and Solano
Counties - Councilmember Claudia Jimenez (510-620-
AGENDA
REPORT
1020

Page 2 of 2 ends

May 5, 2026
6565). This item was continued from the April 28,
2026, meeting.

DISCUSSION:

A Bay Area business, Montezuma LLC, proposes to build a carbon waste dumping project that would put Richmond residents’ health and safety at great risk. The project, known as the Montezuma Carbon Hub, would require a massive build out of pipelines through the Delta and San Francisco Bay, posing serious risks to wildlife, water, soil, and public health while doing nothing to protect our climate.

The carbon dioxide waste would come from large, industrial facilities that burn fossil fuels, including the Chevron Refinery in Richmond. This would result in new, dangerous pipelines being built right next to Richmond communities to collect and transport highly volatile carbon dioxide from the Richmond Chevron Refinery.

Montezuma’s carbon waste dumping proposal would be used to justify prolonging the lifespan of refineries, like the Chevron Refinery, putting our communities at risk of continued and increased pollution and pipeline leaks. Carbon Capture & Storage technology (CCS) does not remove existing CO2 from the atmosphere. At best, it diverts a fraction of the additional CO2 pollution produced by the refineries and power plants that rely on fossil and other dirty fuels in their operations.

CCS projects are energy-intensive, using 15 percent to 25 percent more energy to produce the same amount of power as a conventional power plant. Because CCS uses more energy, CCS facilities emit more air pollution and cause higher upstream pollution from the extraction and transport of additional fuel.

As such, we recommend the Richmond City Council adopt a resolution opposing the Montezuma Carbon Hub and all other CO2 waste dumping projects and CO2 pipelines in Richmond, Contra Costa, and Solano Counties.

DOCUMENTS ATTACHED:

Attachment 1 – Presentation Slides
Attachment 2 – Resolution
Attachment 3 – Montezuma CarbonHub Factsheet
1021
Overview & Community Concerns
Richmond City Council, April 2026
Bay Area Carbon Injection &
Pipeline Project
1022
Getting
Situated
1023
What is Carbon Capture & Storage?
1024
Ecological Impacts to Delta
https://www.cnps.org/plant-science/suisun-marsh-vegetation-mapping-and-long-termconservation-and-management-6682 ● Leaks can produce
Carbonic Acid
● Carbonic Acid creates
dead zones
● Dead zones can
stretch for miles
● Threatened species
include: Delta Smelt,
CA Least Tern, Harvest
Mouse
● Unique disaster
response for CO2 leak
in Delta
1025
https://www.huffpost.com/entry/gassing-satartia-mississippi-co2-pipeline_n_60ddea9fe4b0ddef8b0ddc8f Pipeline Leaks
& Health Risks
● Compressed CO2 is
denser than oxygen
● Forces oxygen out of
the air leading to
asphyxiation
● 300 evacuated, 45
hospitalized after CO2
pipeline leak in
Satartia, Mississippi
● 1700 died in Cameroon
1026 after natural CO2 leak
https://richmondside.org/2024/08/05/richmond-ca-air-pollution-sources-chevron-chemtrade-freeways/ Increase in
local pollutants
such as:
● PM2.5
● Nitrogen oxides
(NOx)
● Ammonia
● Sulfur dioxide
● Hydrogen
cyanide
● Sulfuric acid
● Hydrogen
sulfide
1027
Where Are We in the Regulatory Process?
● Key permitting agencies: EPA
Region 9 & Solano County
● Injection well permit application
submitted in November 2023
● EPA deemed application
incomplete in summer 2024
● Developer was asked to provide
additional geologic info after
drilling test well
● As of December 2024, developer
has not applied for test well permit
1028
Summary: Threats to Richmond
● Proximity of
new pipeline to
communities
● Pipeline leaks &
catastrophic
failure scenario
● Potential for
increased
pollutants from
refinery
● All risk, no
reward! 1029
Reso. No. _____

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND OPPOSING THE PROPOSED MONTEZUMA CARBON SEQUESTRATION HUB CO2 WASTE DUMPING PROJECTS AND CO2 PIPELINE IN RICHMOND, CONTRA

COSTA AND SOLANO COUNTIES
WHEREAS, the global climate emergency poses a grave threat to the well-being of all, jeopardizes society’s ability to function, and is devastating the natural world humans depend upon; and
WHEREAS, the primary cause of this emergency is the burning of fossil fuels including “natural” methane gas; and
WHEREAS, there exist safe, proven, affordable, and renewable alternatives to fossil-fuel energy sources, such as solar and wind power; and
WHEREAS, Carbon Capture and Storage (CCS) technology has consistently proven to be ineffective and economically unsound; and
WHEREAS, the process of transporting and compressing carbon dioxide (CO2) poses a fatal risk to surrounding communities due to the possibility of leakage, and the State of California is only just beginning to draft regulations governing CO2 pipelines; and WHEREAS, CO2 can displace oxygen and cause asphyxiation or death when it leaks from pipelines, endangering communities and the environment; and WHEREAS, the proposed Montezuma NorCal Carbon Hub project would involve the transportation of CO2 through 45 miles of pipelines through Contra Costa and Solano County communities and beneath the Bay; and
WHEREAS, connecting Montezuma's proposed CO2 pipeline to the oil refinery in Richmond could jeopardize the health and safety of neighborhoods already disproportionately harmed by refinery pollution; and
WHEREAS, the project developers have not yet been able to demonstrate how far a potential pipeline leak might spread; and
WHEREAS, the Montezuma NorCal Carbon Hub project would involve drilling CO2 injection wells near critical wetland habitat; and
WHEREAS, the injected CO2 waste could spread underground for miles beyond a proposed injection site; and
WHEREAS, operators such as California Resources Corporation have proposed additional CO2 waste dumping projects that could adversely impact communities and wildlife in Solano and Contra Costa Counties; and
WHEREAS, these proposed CO2 waste dumping projects will need to source carbon dioxide from polluting facilities like the power plants and refineries operating across the Bay Area; and WHEREAS, CCS projects perpetuate climate change and maintain environmental injustice by enabling power plants and refineries to continue emitting pollutants associated with asthma, poor birth outcomes, heart attack and cancer into the air of nearby communities; NOW, THEREFORE, BE IT RESOLVED, The City of Richmond:

Section 1. The City Council calls upon the United States Environmental Protection Agency’s Region 9 to deny any applications by developers for permits to drill injection wells in Solano and Contra Costa Counties.
1030
Reso. No. _____

Page 2 of 2 ends

Section 2. The City Council urges all relevant land use authorities to deny requests by project developers for land use permits for any infrastructure relating to the construction of, or sourcing of, carbon waste that would be transported through or deposited in Solano or Contra Contra Costa County.

Section 3. The City Council registers its deep concerns with, and strong opposition to, the construction of any infrastructure relating to transporting or dumping CO2 waste within and near its City Limits.
******************
***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW**** I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on Mmmm dd, yyyy, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
State of California }
County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.
_______________________________________
Pamela Christian, Clerk of the City of Richmond
1031
Carbon capture will subject frontline
communities to more pollution. We
already know that children playing
near fossil fuel power plants are at
greater risk for asthma and other
respiratory illnesses.

Carbon Waste Dumping poses
significant threats to public health
because of the risks associated with
compressed carbon dioxide leaking
from pipelines and injection wells.

The Montezuma CarbonHub is
proposed near communities that
are already disproportionately
burdened by pollution in Solano and
Contra Costa Counties.

In 2020, a carbon pipeline ruptured
in Satartia, Mississippi. The CO2
stopped emergency vehicles in their
tracks, as it displaced the oxygen
needed for fuel combustion. It sent
49 people to the hospital, and many
victims still experienced symptoms
months later.

Negative Public
Health Impacts:

The Montezuma NorCal Carbon Sequestration Hub proposes to drill an injection well near the Montezuma wetlands, across Suisun Bay from Pittsburg & Antioch.

Dangerously compressed carbon dioxide (CO2) from fossil fuel facilities around the Bay would be collected and transported by barge and pipeline to the injection site, ultimately expanding the lifespan of the dirty facilities and putting communities and the environment at risk.

For the health and safety of our communities,
STOP Montezuma CarbonHub!
A Failed, Expensive Technology
It is vital to cut carbon emissions, but this carbon dumping scheme is not the answer.

Carbon Capture and Storage (CCS), or carbon dumping schemes, are a flawed and inefficient technology that has repeatedly overpromised and underdelivered on its capture rates while providing cover for dirty industries.

The fossil fuel industry is counting on carbon storage as a scheme to continue extracting and refining fossil fuels. It requires vast amounts of energy and lengthens the lifespan of fossil fuel facilities.

Instead, we need to focus on the real climate solution: phasing out fossil fuel facilities.

Risking Catastrophe
A Threat to Biodiversity
There’s a Better Way
Any rupture in a CO2 pipeline would be a public health catastrophe. When carbon dioxide leaks into the air, it stays low and spreads quickly as a dense, white fog. It can lead to asphyxiation, seizures, loss of consciousness, and potentially death.

California has no safety regulations in place for CO2 pipelines, and federal rules are inadequate. Carbon dioxide pipelines are simply too big a risk, particularly in our earthquake-prone state.

The Montezuma Wetlands project is supposed to restore 1800 acres of tidal wetlands in the Delta ecosystem and protect endangered species. Drilling an injection well and building pipelines near this sensitive habitat would damage local ecosystems and threaten wildlife.

Instead of allowing the fossil fuel industry to keep polluting, we should switch to safer, cheaper, and proven renewable energy sources. Our priority needs to be an immediate community-driven just transition away from fossil fuels.

Learn more here or go to
https://linktr.ee/bayareacacti
Contact us at [email protected]
1032
Check out our virtual flier here.

Contact us at [email protected]
1033
Carbon capture will subject frontline
communities to more pollution. We
already know that children playing
near fossil fuel power plants are at
greater risk for asthma and other
respiratory illnesses.

Carbon Waste Dumping poses
significant threats to public health
because of the risks associated with
compressed carbon dioxide leaking
from pipelines and injection wells.

Because compressed CO2 is more
dense than oxygen, pipeline leaks
displace the oxygen in air we
breathe leading to asphyxiation,
seizures, loss of consciousness, and
potentially death.

Negative Public
Health Impacts:

For the health and safety of our communities,
STOP Montezuma CarbonHub!
A Failed, Expensive Technology
It is vital to cut carbon emissions, but this carbon dumping scheme is not the answer. Worldwide, such projects have failed or are underperforming — despite billions of dollars spent on developing the technology.

New science data on safety risks and less than desired carbon reductions point to the urgent need to focus on the real climate solution: phasing out fossil fuel facilities.

California has no safety regulations in place for CO2 pipelines, and federal rules are inadequate. Especially here in our earthquake-prone state, carbon dioxide pipelines are simply too big a risk.

Instead of allowing the fossil fuel industry to keep polluting, we should switch to safer, cheaper, renewable energy sources. All that money going to carbon waste dumping would be much better spent on building solar arrays and wind farms—and retraining displaced fossil fuel industry workers.

Contact us at [email protected]
The Montezuma Wetlands project is supposed to restore 1800 acres of tidal wetlands in the Delta ecosystem and protect endangered species. Drilling an injection well and building pipelines near this sensitive habitat would damage local ecosystems and threaten wildlife.

The Montezuma NorCal Carbon Sequestration Hub proposes to drill an injection well near the Montezuma wetlands, across Suisun Bay from Pittsburg & Antioch.

Learn more here or go to
https://linktr.ee/bayareacacti
1034
Check out our virtual flier here.

Page 1 of 4 ends

May 5, 2026
DocID #56077v1
Public Works
DATE: May 5, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Andy Cho, PE, Senior Civil Engineer
Subject: Introduce Ordinance Amending Sidewalk Vendor
Regulations (RMC Chapter 7.42)
FINANCIAL IMPACT: There is no immediate fiscal impact associated with the introduction of the proposed ordinance.

Implementation of the updated Sidewalk Vendor
Ordinance will continue to require staffing and/or
contractual resources to support enforcement,
administration, and vendor outreach. These costs are
currently addressed through existing budget allocations; however, future adjustments may be necessary
depending on the level of service, enforcement
expectations, and program structure as directed by the
City Council.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City Council is being asked to consider an ordinance revising Chapter 7.42 of the Richmond Municipal Code to improve the administration, clarity, and effectiveness of the City’s Sidewalk Vendor Program.

AGENDA
REPORT
1036

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May 5, 2026
DocID #56077v1
RECOMMENDED ACTION: INTRODUCE an ordinance (first reading) amending Chapter 7.42 of the Richmond Municipal Code (Sidewalk
Vendor Ordinance) to update administrative procedures,
waiver provisions, and enforcement mechanisms - Public
Works Department (Andy Cho 620-6547/Robert Armijo
620-5477). This item was continued from the April 28,
2026, meeting.

DISCUSSION:

On July 2, 2024, the City Council adopted a Sidewalk Vending Ordinance, codified in Chapter 7.42 of the Richmond Municipal Code, to align with California Senate Bill 946 (SB 946), also known as the Safe Sidewalk Vending Act of 2018, and to promote public health, safety, accessibility, and economic opportunity through the regulation of sidewalk vending. The ordinance established requirements including the need for a special business permit, operational and locational standards, food vending provisions, and enforcement protocols. On the same date, the City Council adopted a companion resolution establishing fees, fines, and administrative penalties to support program implementation.

Following City Council adoption, City staff initiated a multi-departmental effort to implement the ordinance. This included launching an education and outreach campaign to inform vendors of the new requirements and assist them in coming into compliance.

The City launched the enforcement program in August 2024, one month after adoption.

Consultant 4Leaf, Inc., under contract with the City, has provided up to 40 hours per week of field-based code enforcement and outreach.

To support vendors, the City also launched the Mobile Vendor Plaza (The “Lot”) on September 21, 2024, providing a permitted and safe location for vendors to conduct business.

The combination of the vendor enforcement program and the Mobile Vendor Plaza has dramatically reduced unpermitted vendor activity from more than 60 cases in the early stage to less than 20 cases. The City has also received positive feedback from the 23rd Street Merchant Association, demonstrating successful collaboration and improved community relationships.

On July 1, 2025, City staff presented an update to the City Council on the Sidewalk Vendor Program, including enforcement activities, program challenges, and potential areas for ordinance refinement. City Council provided direction to City staff to explore updates to the ordinance, including mechanisms to address site-specific conditions, improve administrative clarity, and ensure alignment with evolving State requirements, including SB 635 (Street Vendor Business Protection Act). 1037

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May 5, 2026
DocID #56077v1
Over the past year, the City has transitioned from a primarily educational approach to a more structured enforcement model. This has included coordination with contract enforcement services, development of standard operating procedures, and increased field presence to promote compliance with the ordinance.

In response to City Council direction to explore updates to the ordinance, City staff reviewed policy alternatives and examined waiver provisions in Chapter 15.04.809 of the Richmond Municipal Code, previously adopted by the Community Development Department (CDD). City staff also received ongoing feedback throughout the year identifying additional areas of Chapter 7.42 that may benefit from clarification or amendment.

To support this effort, City staff consulted with the City Attorney and retained outside counsel to evaluate the current Sidewalk Vending Ordinance, to identify specific aspects appropriate for a waiver provision with emphasis on Chapter 7.42.060 (Operational Requirements) and Chapter 7.42.070 (Cart Location Standards) and to support an ordinance amendment process to ensure comprehensive and efficient reform.

The proposed amendments reflect experience administering the program over the past year and incorporate feedback from the City Council, legal counsel, and internal stakeholders. Through this process, several areas of Chapter 7.42 were identified for clarification or improvement, particularly with respect to administrative procedures, flexibility in applying standards, and alignment with State law.

Recent State legislation, including SB 635, also introduced new requirements related to vendor privacy and administrative processes, necessitating updates to the City’s ordinance. The proposed revisions to Chapter 7.42 are intended to address operational challenges identified during implementation and to provide a more durable administrative framework.

A key component of the update is the introduction of a formal waiver process, allowing limited flexibility in applying operational and location requirements where site-specific conditions warrant. This approach reduces the need for repeated ordinance amendments while maintaining public health and safety protections.

The amendments further clarify administrative procedures, including permit application requirements, denial and revocation criteria, and appeal processes, improving consistency and transparency for both administrators and vendors. In addition, the ordinance incorporates State-mandated provisions related to ability-to-pay determinations and confidentiality requirements under SB 635, ensuring continued compliance with evolving State law.

Key elements of the proposed revisions to Chapter 7.42 include:
 Establishment of a Waiver Process
 Clarification of Administrative Procedures
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May 5, 2026
DocID #56077v1
 Ability-to-Pay Determinations
 Confidentiality Protections
 Operational and Enforcement Clarity
The proposed amendments provide a more flexible, clear, and legally compliant framework for administering the City’s sidewalk vendor program. Therefore, City staff recommend that the City Council consider the ordinance amending Chapter 7.42 of the Richmond Municipal Code for first reading and adopt the ordinance at a subsequent meeting.

DOCUMENTS ATTACHED:

Attachment 1 – Draft Ordinance Amending Chapter 7.42 of the Richmond Municipal Code
Attachment 2 – Draft Ordinance Amending Chapter 7.42 – Highlighted Changes 1039
Ord. No. XX-26 N.S.

Page 1 of 11 ends

ORDINANCE NO. XX-26 N.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, AMENDING CHAPTER 7.42 OF THE RICHMOND MUNICIPAL CODE RELATING

TO SIDEWALK VENDING
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; and
WHEREAS, the California Legislature enacted SB 946, the Safe Sidewalk Vending Act (Government Code Section 51038 et seq.), which decriminalized sidewalk vending statewide and limited local regulation to civil administrative penalties and reasonable time, place, and manner restrictions directly related to objective health, safety, and welfare concerns; and WHEREAS, on July 2, 2024, the City Council adopted Ordinance No. 07-24 N.S. adding Chapter 7.42 to the Richmond Municipal Code to regulate sidewalk vending consistent with State law, establishing requirements including a special business permit, operational and locational standards, food vending provisions, and enforcement protocols; and WHEREAS, on the same date, the City Council adopted a companion resolution establishing fees, fines, and administrative penalties to support program implementation; and WHEREAS, following adoption, City staff initiated a multi-departmental enforcement and outreach effort, including contracting with 4Leaf, Inc. to provide field-based code enforcement and launching the Mobile Vendor Plaza (“The Lot”) to provide a permitted and safe location for vendors to conduct business; and
WHEREAS, on July 1, 2025, staff presented a program update to the City Council, and the Council directed staff to explore updates to the ordinance, including mechanisms to address site-specific conditions, improve administrative clarity, and ensure alignment with evolving State requirements; and
WHEREAS, the California Legislature enacted SB 635, the Street Vendor Business Protection Act, which introduced new requirements related to vendor privacy and administrative processes for sidewalk vending programs; and
WHEREAS, in response to Council direction, City staff reviewed policy alternatives, consulted with the City Attorney, and retained outside counsel to evaluate the current ordinance and support the amendment process; and
WHEREAS, the proposed amendments reflect staff’s experience administering the program, incorporate feedback from Council, legal counsel, and internal stakeholders, and are intended to address operational challenges identified during implementation and to provide a more durable administrative framework for the program; and
WHEREAS, a key component of the update is the introduction of a formal waiver process, which allows for limited flexibility in applying operational and location requirements where sitespecific conditions warrant, reducing the need for repeated ordinance amendments while maintaining public health and safety protections; and
1040
Ord. No. XX-26 N.S.

Page 2 of 11 ends

WHEREAS, the amendments also clarify administrative procedures, including permit application requirements, denial and revocation criteria, and appeal processes, and incorporate State-mandated provisions related to ability-to-pay determinations and confidentiality requirements under SB 635; and
WHEREAS, the City has a significant interest in maintaining accessible and unobstructed sidewalks and pedestrian paths in compliance with the Americans with Disabilities Act (ADA); and
WHEREAS, sidewalk vending carts, equipment, and related activities may impede pedestrian circulation, reduce accessibility, and create safety hazards in the public right-of-way; and
WHEREAS, maintaining clear access to intersections, driveways, transit stops, emergency facilities, and building entrances and exits is necessary to ensure public safety and emergency response; and
WHEREAS, reasonable time, place, and manner restrictions are necessary to prevent congestion, protect neighborhood livability, and ensure the safe and orderly use of the public rightof-way; and WHEREAS, sidewalk vending activities may generate waste and involve equipment that, if not properly regulated, can create unsanitary conditions or pose safety risks; and WHEREAS, the City intends that the regulations in this Chapter are based on objective health, safety, and welfare concerns, are narrowly tailored, and include limited flexibility through a waiver process while allowing sidewalk vending to continue.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:

SECTION 1. Amendment of Chapter 7.42
Chapter 7.42 of the Richmond Municipal Code is hereby deleted in its entirety and shall read as follows:

Chapter 7.42

SIDEWALK VENDING

7.42.010 - Definitions.

As used in this Chapter, the terms listed below shall have the following meaning assigned to them:
“Cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
“Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
“Enforcement Officer” means any City employee or agent of the City with authority to enforce any provision of this Code and tasked with enforcement duties under this Chapter. “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
“Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. Sidewalk vendors include roaming sidewalk vendors and stationary sidewalk vendors.
“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. “Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
1041
Ord. No. XX-26 N.S.

Page 3 of 11 ends

“Vend” or “vending” means operating as a sidewalk vendor.

7.42.020 - Applicability and enforcement.
(a) Applicability. The requirements of this Chapter shall not apply to the following persons:
(1) Persons delivering goods, wares, merchandise, or food upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.
(2) Persons selling goods, wares, merchandise, or food from a motorized vehicle, including food trucks.
(b) Enforcement. The requirements of this Chapter shall be enforced by enforcement officers from various City departments as designated by the City Manager, which may include (but not be limited to) designated officers from Public Works and Police.

Enforcement procedures include performing regular inspections of vending locations, applying criteria for assessing violations, ensuring ADA compliance, and maintaining public safety, and coordinating with other departments to streamline enforcement procedures and share data.

7.42.030 - Business license and special business permit required. (a) No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid City business license in accordance with Chapter 7.04 of this article, and complying with all requirements of the business license, unless such person qualifies for an exemption under Chapter 7.04 of this article.
(b) No person shall operate as a sidewalk vendor without first obtaining, and all times maintaining, a special business permit in accordance with this Chapter and complying with all requirements of the permit.
(c) The special business permit shall be valid for one year unless revoked or suspended prior to expiration. An application to renew a special business permit under this Chapter shall be made not less than 90 days prior to the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the special business permit each year.
(d) A separate business license and special business permit shall be required for each cart.

7.42.040 - Permit procedures.
(a) Application for Special Business Permit. An application for a special business permit for sidewalk vending shall be submitted to the Finance Department and include all of the following, to the extent applicable:
(1) The name, address, and telephone number of the applicant and each person who will operate the cart.
(2) A photo identification of the applicant and each person who will operate the cart.
(3) A description of the cart, including the dimensions of the cart, and a photograph of the cart.
(4) A complete list of the food or merchandise to be sold. (5) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (6) The vendor’s California seller’s permit number (California Department of Tax and Fee Administration sales tax number).
(7) A copy of the City of Richmond business license obtained pursuant to Chapter

Page 4 of 11 ends

(9) A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true and that the applicant is aware of their duties provided under this Chapter.
(10) A list of locations within the City that the sidewalk vendor primarily plans to operate.
(11) A certification that the applicant’s proposed operations will comply with both the sidewalk vending operational requirements as set forth in Section 7.42.060 and location requirements set forth in Sections 7.42.070 and 7.42.080. If the applicant believes minor deviations from these requirements are necessary to conduct the applicant’s proposed vending operations, an application for waiver as set forth in Section 7.42.040(b) below shall be submitted with the special business permit application in lieu of such certification.
(12) A statement indicating that the sidewalk vendor will indemnify, release, and hold harmless the City from any claims arising from the sidewalk vendor’s operations, which shall be a condition to obtaining the special business permit necessary for operation.
(b) Application for Waiver. As part of the City’s efforts to accommodate minor deviations from operational and location requirements, an applicant may apply for a waiver of such requirements provided that the waiver request meets the following standards. (1) Applicability. Waiver requests may only be granted for certain minor deviations from the operational requirements as set forth in Section 7.42.060 and location requirements set forth in Sections 7.42.070 and 7.42.080, which have been determined to be compatible with the purpose of this Chapter and are not deemed critical to protecting the public health and safety. Waivers may be granted for the following requirements:
(i) Up to a two-hour extension on the time restrictions set for operating in residential zones as established in Section 7.42.060(d), provided that such operations occur between sunrise and sunset.
(ii) Exceeding the total footprint of the cart allowable as established in Section 7.42.060(e), provided such cart does not obstruct the public rightof-way and maintains compliance with applicable ADA accessibility requirements, including minimum clear path-of-travel standards. (iii) Approval to utilize an additional structure not permitted as established in Section 7.42.060(f).
(iv) Approval to utilize additional signage not permitted as established in Section 7.42.060(o).
(v) Approval to operate not more than 5 feet closer to an entrance or emergency exit of a building during operating hours as set forth in Section

7.42.070(c).
(vi) Approval to operate not more than 5 feet closer to a transit stop as set forth in Section 7.42.070(e).
(vii) Approval to operate not more than 50 feet closer to the nearest vendor or concessionaire participating in a certified farmers’ market or swap meet during the operating hours as set forth in Section 7.42.070(j). (viii) Approval to operate not more than 20 feet closer to a City-permitted special event as set forth in Section 7.42.070(k).
(ix) Approval to operate not more than 50 feet closer to the property line of any public or private school as set forth in Section 7.42.070(l). (x) Approval to vend not more than 20 feet closer to another stationary sidewalk vendor as set forth in Section 7.42.070(p).
(xi) Approval to vend not more than 20 feet closer to another outdoor vendor as set forth in Section 7.42.070(q).
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Ord. No. XX-26 N.S.

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(xii) Approval to vend not more than 10 feet closer to any statue, monument, memorial, art installation, or fountain as set forth in Section

7.42.080(e).
(2) Application. An application for a waiver shall be submitted to the Finance Department concurrently with the application for the special business permit and include all of the following, to the extent applicable:
(i) A description of the requested waiver including a reference to the section of this Chapter providing such waiver is available.
(ii) A statement describing the detriment of the requirement and information describing why the waiver is necessary for the applicant’s proposed operations.
(iii) A statement, data or other evidence explaining why the findings necessary to grant the waiver, set forth in Section 7.42.040(b)(3) (Required Findings), are satisfied.
(iv) All fees associated with the waiver application as set forth by resolution of the City Council.
(3) Required Findings. Upon the Finance Department’s receipt of a waiver application, the Finance Department shall consult with the Public Works Department or other appropriate departments, as necessary, to evaluate whether the required findings necessary to approve the waiver have been satisfied. The decision to grant a waiver must be based on the following findings:
(i) The waiver is necessary due to the physical characteristics of the proposed cart, proposed location for operation, proposed use or structure or other circumstances necessary to conduct the vending operations including, but not limited to, the type of equipment needed to produce the product, irregular property boundaries, or other unusual circumstance(s). (ii) The granting of the requested waiver will not be detrimental to the health or safety of the public. Such determination shall be made in accordance with objective criteria developed, maintained and applied by the City’s Public Works Department.
(iii) The scope of the waiver is limited to facilitate the proposed use and compliance with the scope can be easily measured.
(iv) The detriment to the sidewalk vendor directly relates to their ability to conduct proposed operations and there are limited available alternatives existing that are compatible with the regulations of this Chapter. (v) Supplemental studies or analysis by City staff including the City’s Engineer show that the request is compliant with safety and operational standards such that the health or safety of the public is not negatively impacted.
(4) Conditions of Approval. The Finance Department has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate by the Finance Department in its sole discretion to ensure that the public health and safety and purpose of this Chapter is upheld. These conditions shall be developed based on the Finance Department’s consultation with the Public Works Department or other appropriate departments as described in Section 7.42.040(b)(3).
(c) Denial and Revocation. A special business permit application or waiver application may be denied, revoked, or not renewed by the finance department for any of the following:
(1) The applicant knowingly made any false, misleading, or fraudulent statements of material fact in the application for the permit.
(2) The application was incomplete.
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(3) The sidewalk vendor failed to notify the finance department within 15 calendar days of any changes to the facts provided in the special business permit application after the issuance of the permit.
(4) Repeated failure of the sidewalk vendor to comply with the regulations set forth in this Chapter as determined by the finance department based on evidence provided to it by enforcement officers. Such repeated failure shall mean more than three violations of this Chapter within a six-month time period. (5) If the application is for the renewal of a special business permit, the sidewalk vendor must pay all outstanding administrative fines for violations of this Chapter before the special business permit will be renewed.
(6) If the application is for a waiver, it was determined that the required findings set forth in Section 7.42.040(b)(3) were not met.
(7) If the application is for a waiver, it was determined that the conditions of approval were not complied with based on evidence provided by enforcement officers.
(d) Notice. Written notice of the Finance Department’s decision setting forth the grounds for the decision and any conditions of approval shall be provided to the sidewalk vendor and served in writing. The notice shall advise the sidewalk vendor of the right to file a written appeal.
(e) Appeal. Any applicant who is aggrieved by the determinations of the finance department relating to denial, revocation, or conditioning of applications may appeal such decision to City Manager or their designee within ten calendar days after issuance of the notice. To seek an appeal, the applicant must submit a written request for a hearing with a statement setting forth the reasons why the decision did not merit any of the grounds established in Section 7.42.040. If the City Manager or their designee does not receive a request within the required period, the right to a hearing is waived and the determination is deemed confirmed and final. If a timely request is received, the City will set a hearing.

Written notice of the date, time, and location of the hearing will be provided by the City at the service address provided in the application for special business permit before the hearing. Failure to receive written notice of the hearing does not invalidate the determination or any hearing. The hearing will be conducted within a reasonable time of being set.

7.42.050 - Confidentiality.

Notwithstanding any other requirement in this Code, an applicant for a business license or special business permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social security number, the City shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number. Identification numbers submitted under this section shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a State law or state or federal court order.

All information requested, collected, or shared shall be in accordance with State law including the provisions of the Street Vendor Business Protection Act.

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(d) In order to preserve the peace, safety, and tranquility of residential neighborhoods, no roaming sidewalk vendor may operate in any residential zone earlier than 8:00 a.m. or later than 30 minutes before sunset.
(e) In order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of 72 inches, a width of 54 inches, or a height, including roof, awning, or canopy, of 78 inches.
(f) In order to prevent obstructions of the public right-of-way, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, or rack, to increase the selling or display capacity of the cart unless such items are explicitly allowed in the special business permit obtained by the sidewalk vendor. No sidewalk vendor may set up any customer seating areas.
(g) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer and vendor trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.
(h) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall maintain a clean and trash-free area, including a sanitized and neat appearing cart, within a ten-foot radius around the vendor’s cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing. (i) In order to prevent damage to public property and prevent obstructions of the public right-of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.
(j) In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.
(k) In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park or other public property. (l) In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles. (m) In order to preserve the safety of vehicular travelers and pedestrians, and to preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians including, but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes. (n) In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in location with insufficient lighting, shall be equipped with sufficient lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart.
(o) In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart.
(p) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall immediately clean up any food, grease, or other fluid or item related to their sidewalk vending activities that are spilled or discharged. Disposal of trash, food, grease, or other materials to any storm drain, creek, or waterway is prohibited. Vendors shall not dump, drain, or discard any fouled, spoiled, or unused product, which includes draining ice coolers, drink containers, and/or miscellaneous containers on the ground. (q) In order to preserve the safety of the public, all sidewalk vendors shall not use an open flame on or within any cart. Any sidewalk vendor using cooking equipment shall have a fire extinguisher. Propane, natural gas, or butane cylinder tanks must be 20-gallon tanks or less, stored in an upright position during use and positioned in such a way to prevent 1046
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falling, tipping, and tampering, be properly ventilated, and must contain a shut-off valve and a pressure regulator, having a hose of a type approved for use by the manufacturer with the equipment.

7.42.070 - Location of carts.

In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers’ markets, swap meets, and Citypermitted special events, sidewalk vendors shall not operate in the following areas of the public right-of-way:
(a) Any area other than a public sidewalk or pedestrian path. (b) Within 15 feet of a fire hydrant, fire call box, or other emergency facility. (c) Within ten feet of an entrance to or emergency exit of any building or business during the hours that the building or business is open to the public. (d) Within ten feet of the outer edge of a driveway or driveway apron. (e) Within ten feet of a transit stop.
(f) Adjacent to any marked loading zone.
(g) Within five feet of a curb return.
(h) Any location that would impede entering or exiting a parked vehicle. (i) Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than four feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.
(j) Within 100 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers’ market or swap meet during the operating hours of the certified farmers’ market or swap meet unless vendor has received a permit to vend as part of the certified farmers’ market or swap meet.
(k) Within 100 feet of a City-permitted special event including, but not limited to, parades, concerts, and movie filmings, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within 100 feet of any portion of the approved event route. For stationary events, vending shall be prohibited within 100 feet of the parcel and/or site boundary for the location of the event. (l) Within 300 feet of the property line of any public or private school grounds between 7:00 a.m. and 6:00 p.m. on school days, and while the same is in use, including for afterschool childcare, enrichment classes and sports.
(m) Upon or within any roadway, median strip, or dividing section. (n) Any public sidewalk location when the straight path would not allow for 48 inches, or as the law updates, of clear width walking space of any sidewalk to be in compliance with Americans with Disabilities Act (ADA) regulations.
(o) Any public sidewalk where there is a 180 degree turn path for sidewalk ramps and corner curbs when the location would not allow for 42 inches approaching the turn, 48 inches at the turn, and 42 inches leaving the turn, or as the law updates, of clear width walking space of any sidewalk to be in compliance with ADA regulations. (p) Stationary sidewalk vendors shall not vend within 150 feet of another stationary sidewalk vendor.
(q) Stationary sidewalk vendors shall not vend within 150 feet of any permitted outdoor vendor (mobile food vendor) as described in Section 15.04.610.320. (r) Sidewalk vendors are prohibited from entering or encroaching onto private property while engaging in sidewalk vending activities.

7.42.080 - Special requirements for vending in City parks.

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(b) No stationary sidewalk vendor may sell or offer for sale any merchandise, article or thing of any kind or nature, including professional services, except in accordance with a sidewalk vending permit issued in accordance with Chapter 7.42, or pursuant to an agreement approved by the City Council.
(c) Sidewalk vendors shall stop vending upon the designated closing time of the park. (d) Vending is permitted between 8:00 am and sunset in parks where there is no designated closing time.
(e) Sidewalk vendors shall not vend within 25 feet of any statue, monument, memorial, art installation, or fountain.

7.42.090 - Special requirements for the sale of food.

All sidewalk vendors that prepare or sell food must be in compliance with all county and State permitting and licensing requirements for the preparation or sale of food.

7.42.100 - Penalties.

For purposes of this section, “sidewalk vending program” refers to the provisions of Sections 7.42.060 through 7.42.090, inclusive, and the requirement to obtain a special business permit pursuant to Section 7.42.030(b).
(a) A violation of any provision in Sections 7.42.060 through 7.42.090, inclusive, may only be punished by the following:
(1) An administrative fine not exceeding $100.00 for a first violation. (2) An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.
(3) An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.
(4) Rescission of the sidewalk vendor’s special business permit for the term of that permit upon the fourth violation or subsequent violations. (b) Vending without a special business permit may be punished by the following:
(1) An administrative fine not exceeding $250.00 for a first violation. (2) An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.
(3) An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation.

Upon proof of a valid special business permit, an administrative fine imposed under Section 7.42.100(b) shall be reduced to the respective administrative fine set forth in Section 7.42.100(a).
(c) No other fines, fees, assessments, or financial conditions shall be imposed for violation of the sidewalk vending program other than those imposed by Sections 7.42.100(a) and (b).
(d) Notwithstanding any other provision of this Code, neither a violation of the sidewalk vending program as codified in Sections 7.42.060 through 7.42.090, inclusive, nor a failure to pay an administrative fine, imposed by Section 7.42.100(a) or (b) shall be punishable as an infraction or misdemeanor.
(e) The appeal, advance deposit hardship waiver, and hearing provisions set forth in Chapter 2.62 shall apply. If the administrative fine is upheld by the hearing officer, this shall not limit the ability to request an ability-to-pay determination as set forth in

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procedure for submitting a request for an ability-to-pay determination is available on the City’s website.
(2) Application. To be considered for an ability-to-pay determination, the application form must be complete, signed, and must be accompanied by documents that enable the City to reasonably determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. All information collected, stored, and reviewed pursuant to this request will be consistent with State law regarding sidewalk vendor privacy and in compliance with Section 7.42.050. The request shall indicate whether a reduction in the fine amount or the ability to complete community service in lieu of the fine is desired. (3) Timing. An ability-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program.
(4) Determination. Within 30 days after receipt of a request for an ability-to-pay determination, the City Manager or their designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the City shall reduce the fine to 20 percent of the amount of the fine originally imposed. Alternatively, if requested, the City Manager may, in their discretion, allow a person who receives an administrative fine under Section 7.42.100(a) or (b) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. The determination of the City Manager or his or her designee shall be final.
(5) Notice. Notice of the determination shall be provided at the address provided to the City in the application for special business permit. (g) Nothing in the Chapter shall be construed to limit the City’s ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this Code against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors that are not prohibited by state or federal law, or which are allowed by this Code.

SECTION 2. Inconsistent Provisions.

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.

SECTION 3. 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.

SECTION 4. Effective Date.

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First introduced at a regular meeting of the City Council of the City of Richmond held on _____________, 2026, and finally passed and adopted at a regular meeting held on _____________, 2026, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

EDUARDO MARTINEZ
Mayor
Approved as to form:

SHANNON MOORE
Interim City Attorney
State of California }
County of Contra Costa :ss.

City of Richmond }
I certify that the foregoing is a true copy of Ordinance No. XX-26 N.S., passed and adopted by the City Council of the City of Richmond at a regular meeting held on _____________, 2026.

_________________________________________
Pamela Christian, Clerk of the City of Richmond
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ORDINANCE NO. XX-26 N.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, AMENDING CHAPTER 7.42 OF THE RICHMOND MUNICIPAL CODE RELATING

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SECTION 1. Amendment of Chapter 7.42
Chapter 7.42 of the Richmond Municipal Code is hereby deleted in its entirety and shall read as follows:

Chapter 7.42

SIDEWALK VENDING

7.42.010 - Definitions.

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7.04 of this article.
(8) A copy of any license or permit required from any other State or local agency that is required by law, including, but not limited to, a copy of any required permit from the County Health Department, if required.
(9) A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true and that the applicant is aware of their duties provided under this Chapter.
(10) A list of locations within the City that the sidewalk vendor primarily plans to operate.
(11) A certification that the applicant’s proposed operations will comply with both the sidewalk vending operational requirements as set forth in Section 7.42.060 and location requirements set forth in Sections 7.42.070 and 7.42.080. If the applicant believes minor deviations from these requirements are necessary to conduct the applicant’s proposed vending operations, an application for waiver as set forth in Section 7.42.040(b) below shall be submitted with the special business permit application in lieu of such certification.
(12) A statement indicating that the sidewalk vendor will indemnify, release, and hold harmless the City from any claims arising from the sidewalk vendor’s operations, which shall be a condition to obtaining the special business permit necessary for operation.
(b) Application for Waiver. As part of the City’s efforts to accommodate minor deviations from operational and location requirements, an applicant may apply for a waiver of such requirements provided that the waiver request meets the following standards. 1053
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(1) Applicability. Waiver requests may only be granted for certain minor deviations from the operational requirements as set forth in Section 7.42.060 and location requirements set forth in Sections 7.42.070 and 7.42.080, which have been determined to be compatible with the purpose of this Chapter and are not deemed critical to protecting the public health and safety. Waivers may be granted for the following requirements:
(i) Up to a two-hour extension on the time restrictions set for operating in residential zones as established in Section 7.42.060(d), provided that such operations occur between sunrise and sunset.
(ii) Exceeding the total footprint of the cart allowable as established in Section 7.42.060(e), provided such cart does not obstruct the public rightof-way and maintains compliance with applicable ADA accessibility requirements, including minimum clear path-of-travel standards. (iii) Approval to utilize an additional structure not permitted as established in Section 7.42.060(f).
(iv) Approval to utilize additional signage not permitted as established in Section 7.42.060(o).
(v) Approval to operate not more than 5 feet closer to an entrance or emergency exit of a building during operating hours as set forth in Section

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required findings necessary to approve the waiver have been satisfied. The decision to grant a waiver must be based on the following findings:
(i) The waiver is necessary due to the physical characteristics of the proposed cart, proposed location for operation, proposed use or structure or other circumstances necessary to conduct the vending operations including, but not limited to, the type of equipment needed to produce the product, irregular property boundaries, or other unusual circumstance(s). (ii) The granting of the requested waiver will not be detrimental to the health or safety of the public. Such determination shall be made in accordance with objective criteria developed, maintained and applied by the City’s Public Works Department.
(iii) The scope of the waiver is limited to facilitate the proposed use and compliance with the scope can be easily measured.
(iv) The detriment to the sidewalk vendor directly relates to their ability to conduct proposed operations and there are limited available alternatives existing that are compatible with the regulations of this Chapter. (v) Supplemental studies or analysis by City staff including the City’s Engineer show that the request is compliant with safety and operational standards such that the health or safety of the public is not negatively impacted.
(4) Conditions of Approval. The Finance Department has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate by the Finance Department in its sole discretion to ensure that the public health and safety and purpose of this Chapter is upheld. These conditions shall be developed based on the Finance Department’s consultation with the Public Works Department or other appropriate departments as described in Section 7.42.040(b)(3).
(c) Denial and Revocation. A special business permit application or waiver application may be denied, revoked, or not renewed by the finance department for any of the following:
(1) The applicant knowingly made any false, misleading, or fraudulent statements of material fact in the application for the permit.
(2) The application was incomplete.
(3) The sidewalk vendor failed to notify the finance department within 15 calendar days of any changes to the facts provided in the special business permit application after the issuance of the permit.
(4) Repeated failure of the sidewalk vendor to comply with the regulations set forth in this Chapter as determined by the finance department based on evidence provided to it by enforcement officers. Such repeated failure shall mean more than three violations of this Chapter within a six-month time period. (5) If the application is for the renewal of a special business permit, the sidewalk vendor must pay all outstanding administrative fines for violations of this Chapter before the special business permit will be renewed.
(6) If the application is for a waiver, it was determined that the required findings set forth in Section 7.42.040(b)(3) were not met.
(7) If the application is for a waiver, it was determined that the conditions of approval were not complied with based on evidence provided by enforcement officers.
(d) Notice. Written notice of the Finance Department’s decision setting forth the grounds for the decision and any conditions of approval shall be provided to the sidewalk vendor and served in writing. The notice shall advise the sidewalk vendor of the right to file a written appeal.
(e) Appeal. Any applicant who is aggrieved by the determinations of the finance department relating to denial, revocation, or conditioning of applications may appeal such 1055
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decision to City Manager or their designee within ten calendar days after issuance of the notice. To seek an appeal, the applicant must submit a written request for a hearing with a statement setting forth the reasons why the decision did not merit any of the grounds established in Section 7.42.040. If the City Manager or their designee does not receive a request within the required period, the right to a hearing is waived and the determination is deemed confirmed and final. If a timely request is received, the City will set a hearing.

7.42.050 - Confidentiality.

All information requested, collected, or shared shall be in accordance with State law including the provisions of the Street Vendor Business Protection Act.

7.42.060 - Operational requirements.
(a) Each cart used by a sidewalk vendor must display a valid special business permit as specified by City standards, which shall be made available by the City. If the sidewalk vendor has obtained a waiver, the waiver must be displayed on each cart subject to the waiver.
(b) All sidewalk vendors shall comply with the terms and conditions of the special business permit and shall not sell any food or merchandise that was not listed in the special business permit application. If the sidewalk vendor has obtained a waiver, the sidewalk vendor must comply with the terms, scope, and all conditions placed on the waiver. (c) No stationary sidewalk vendor may operate in any residential zone; however, roaming sidewalk vendors shall not be prohibited from operating in such zones. (d) In order to preserve the peace, safety, and tranquility of residential neighborhoods, no roaming sidewalk vendor may operate in any residential zone earlier than 8:00 a.m. or later than 30 minutes before sunset.
(e) In order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or related items, shall not exceed a length of 72 inches, a width of 54 inches, or a height, including roof, awning, or canopy, of 78 inches.
(f) In order to prevent obstructions of the public right-of-way, no sidewalk vendor may set up or allow the use of an additional structure, including a table, crate, carton, or rack, to increase the selling or display capacity of the cart unless such items are explicitly allowed in the special business permit obtained by the sidewalk vendor. No sidewalk vendor may set up any customer seating areas.
(g) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer and vendor trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.
(h) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall maintain a clean and trash-free area, including a sanitized and neat appearing cart, 1056
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within a ten-foot radius around the vendor’s cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing. (i) In order to prevent damage to public property and prevent obstructions of the public right-of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.
(j) In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time.
(k) In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park or other public property. (l) In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business from or conduct business with persons in motor vehicles. (m) In order to preserve the safety of vehicular travelers and pedestrians, and to preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians including, but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes. (n) In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before sunrise or after sunset, or in location with insufficient lighting, shall be equipped with sufficient lighting or reflectors to alert pedestrians and vehicular travelers to the presence of the cart.
(o) In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart.
(p) In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall immediately clean up any food, grease, or other fluid or item related to their sidewalk vending activities that are spilled or discharged. Disposal of trash, food, grease, or other materials to any storm drain, creek, or waterway is prohibited. Vendors shall not dump, drain, or discard any fouled, spoiled, or unused product, which includes draining ice coolers, drink containers, and/or miscellaneous containers on the ground. (q) In order to preserve the safety of the public, all sidewalk vendors shall not use an open flame on or within any cart. Any sidewalk vendor using cooking equipment shall have a fire extinguisher. Propane, natural gas, or butane cylinder tanks must be 20-gallon tanks or less, stored in an upright position during use and positioned in such a way to prevent falling, tipping, and tampering, be properly ventilated, and must contain a shut-off valve and a pressure regulator, having a hose of a type approved for use by the manufacturer with the equipment.

7.42.070 - Location of carts.

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(i) Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than four feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.
(j) Within 100 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers’ market or swap meet during the operating hours of the certified farmers’ market or swap meet unless vendor has received a permit to vend as part of the certified farmers’ market or swap meet.
(k) Within 100 feet of a City-permitted special event including, but not limited to, parades, concerts, and movie filmings, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within 100 feet of any portion of the approved event route. For stationary events, vending shall be prohibited within 100 feet of the parcel and/or site boundary for the location of the event. (l) Within 300 feet of the property line of any public or private school grounds between 7:00 a.m. and 6:00 p.m. on school days, and while the same is in use, including for afterschool childcare, enrichment classes and sports.
(m) Upon or within any roadway, median strip, or dividing section. (n) Any public sidewalk location when the straight path would not allow for 48 inches, or as the law updates, of clear width walking space of any sidewalk to be in compliance with Americans with Disabilities Act (ADA) regulations.
(o) Any public sidewalk where there is a 180 degree turn path for sidewalk ramps and corner curbs when the location would not allow for 42 inches approaching the turn, 48 inches at the turn, and 42 inches leaving the turn, or as the law updates, of clear width walking space of any sidewalk to be in compliance with ADA regulations. (p) Stationary sidewalk vendors shall not vend within 150 feet of another stationary sidewalk vendor.
(q) Stationary sidewalk vendors shall not vend within 150 feet of any permitted outdoor vendor (mobile food vendor) as described in Section 15.04.610.320. (r) Sidewalk vendors are prohibited from entering or encroaching onto private property while engaging in sidewalk vending activities.

7.42.080 - Special requirements for vending in City parks.

Sidewalk vendors vending in parks must comply with all application regulations in this Chapter as well as the following additional requirements:
(a) No stationary sidewalk vendor may operate in a City-owned or City-operated park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire.
(b) No stationary sidewalk vendor may sell or offer for sale any merchandise, article or thing of any kind or nature, including professional services, except in accordance with a sidewalk vending permit issued in accordance with Chapter 7.42, or pursuant to an agreement approved by the City Council.
(c) Sidewalk vendors shall stop vending upon the designated closing time of the park. (d) Vending is permitted between 8:00 am and sunset in parks where there is no designated closing time.
(e) Sidewalk vendors shall not vend within 25 feet of any statue, monument, memorial, art installation, or fountain.

7.42.090 - Special requirements for the sale of food.

All sidewalk vendors that prepare or sell food must be in compliance with all county and State permitting and licensing requirements for the preparation or sale of food.

7.42.100 - Penalties.

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(a) A violation of any provision in Sections 7.42.060 through 7.42.090, inclusive, may only be punished by the following:
(1) An administrative fine not exceeding $100.00 for a first violation. (2) An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.
(3) An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.
(4) Rescission of the sidewalk vendor’s special business permit for the term of that permit upon the fourth violation or subsequent violations. (b) Vending without a special business permit may be punished by the following:
(1) An administrative fine not exceeding $250.00 for a first violation. (2) An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.
(3) An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation.

7.42.100(f).
(f) Any person who receives an administrative fine under Section 7.42.100(a) or (b) shall have the right to request an ability-to-pay determination. (1) The enforcement officer shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued. Additionally, information relating to the procedure for submitting a request for an ability-to-pay determination is available on the City’s website.
(2) Application. To be considered for an ability-to-pay determination, the application form must be complete, signed, and must be accompanied by documents that enable the City to reasonably determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. All information collected, stored, and reviewed pursuant to this request will be consistent with State law regarding sidewalk vendor privacy and in compliance with Section 7.42.050. The request shall indicate whether a reduction in the fine amount or the ability to complete community service in lieu of the fine is desired. (3) Timing. An ability-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program.
(4) Determination. Within 30 days after receipt of a request for an ability-to-pay determination, the City Manager or their designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. If the person meets the criteria described in subdivision (a) or 1059
Ord. No. XX-26 N.S.

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(b) of Section 68632 of the Government Code, the City shall reduce the fine to 20 percent of the amount of the fine originally imposed. Alternatively, if requested, the City Manager may, in their discretion, allow a person who receives an administrative fine under Section 7.42.100(a) or (b) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. The determination of the City Manager or his or her designee shall be final.
(5) Notice. Notice of the determination shall be provided at the address provided to the City in the application for special business permit. (g) Nothing in the Chapter shall be construed to limit the City’s ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this Code against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors that are not prohibited by state or federal law, or which are allowed by this Code.

SECTION 2. Inconsistent Provisions.

SECTION 3. Severability.

SECTION 4. Effective Date.

All applications filed after or pending upon the date of final passage and adoption of this Ordinance shall be subject to this Ordinance. This Ordinance becomes effective thirty (30) days after its final passage and adoption.
──────────────────────────────────────────────────
First introduced at a regular meeting of the City Council of the City of Richmond held on _____________, 2026, and finally passed and adopted at a regular meeting held on _____________, 2026, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

PAMELA CHRISTIAN

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

EDUARDO MARTINEZ
Mayor
1060
Ord. No. XX-26 N.S.

Page 11 of 11 ends

Approved as to form:

SHANNON MOORE
Interim City Attorney
State of California }
County of Contra Costa :ss.

_________________________________________
Pamela Christian, Clerk of the City of Richmond
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May 5, 2026
Library and Community Services
Public Works
DATE: May 5, 2026
TO: Mayor Martinez and Members of the City Council
FROM: LaShonda White, Deputy City Manager, Community
Services Department
Gabino Arredondo, Project Manager II
SUBJECT: Contract Amendment No. 3 with Charleston Mobility for Electric Bikeshare Operations
FINANCIAL IMPACT: The proposed $390,000 expenditure is funded by the approved fiscal year 2025-2026 Environmental and
Community Investment Agreement (ECIA) Transportation
Budget, consistent with the First Mile/Last Mile
Transportation Strategic Plan. Sufficient appropriations are available in the designated project accounts (Account Strings: 11785051-400201-2A109/(TCC) 13761019-
400201-16G20).

PREVIOUS COUNCIL
ACTION:

June 4, 2019
July 20, 2021
August 24, 2022
September 12, 2023
January 28, 2025
July 1, 2025

STATEMENT OF THE
ISSUE:

To keep the City of Richmond E-Bike share program
operating, funding in the contract needs to be increased to cover past and future invoices till the end of the FY and allow time for direction to the future of the program during the development of the Fiscal Year 2026/2027
budget. City staff is requesting City Council approval to execute a third contract amendment with provider
Charleston Mobility (DBA Ride Today).

AGENDA
REPORT
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May 5, 2026
RECOMMENDED ACTION: APPROVE a third contract amendment with Charleston Mobility in an amount not to exceed $390,000 for a total not-to-exceed contract amount of $3,540,341, to support the continued operation of the citywide electric bikeshare program till the end of the fiscal year to allow time to determine the future of the program during the Fiscal
Year 2026-27 budget process; and APPROPRIATE
$390,000 from the Environmental and Community
Investment Agreement (ECIA) Transportation budget to
cover the cost of the contract amendment – Public
Works/Community Services (Gabino Arredondo 510-620-
6606/LaShonda White 510-620-6828). This item was
continued from the April 28, 2026, meeting.

DISCUSSION
Since 2018, the City of Richmond has operated an electric bikeshare program to provide resident access to electric bikes via bike hubs located throughout the City. The goal of the electric bikeshare program is to expand electric bicycle (e-bike) access through e-bike sharing and education, and to facilitate multimodal transportation in connection with transit and other regional electric bikeshare operators. As previously appropriated funds for the service provider Ride Today are nearly exhausted, City Staff are requesting $390,000 in additional funding from ECIA Transportation Budget to allow services to continue operation until the end of the fiscal year.

PROGRAM HISTORY
On July 18, 2018, the City of Richmond and the Metropolitan Transportation Commission (MTC) entered a grant funding agreement in the amount of $1,024,000 to fund the Bike Share Capital Program to plan and operate a pilot electric bikeshare program. The program was to fund a total of 250 e-bikes, to be stationed at 25 bike hubs located throughout the City. In June 2020, the Richmond Transportation Division successfully launched this pilot electric bikeshare program with bikeshare contractor Bolt Mobility.

Emergency Contract
In July 2022, Richmond’s bikeshare contractor Bolt Mobility abruptly ceased operations within several national markets. Approximately 60 e-bikes were abandoned at various hubs throughout the City, and Bolt Mobility defaulted on their local warehouse lease containing over 150 additional e-bikes and hub equipment. In response, City Council approved an emergency sole-source contract for $345,000 with micromobility firm Charleston Mobility, also known as Ride Today, on August 19, 2022, to save the remaining equipment and relaunch the program as soon as possible. This effort limited deployment to a maximum of 100 e-bikes to allow time for program stabilization, 1063

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May 5, 2026
equipment repair, community engagement, strategic growth planning, and evaluation of the previous program’s effectiveness.

Transformative Climate Communities

Additionally, the electric bikeshare program was included as part of the City’s Transformative Climate Communities (TCC) grant application to the Strategic Growth Council (SGC) to expand bikeshare access in the underserved neighborhoods of Iron Triangle, Santa Fe, and Coronado (TCC Project Area’). In October 2022, the City and its partners were awarded a $35 million TCC grant, including a total of $998,979.21 to support an expanded bikeshare program through July 2028. This funding included additional e-bikes and hubs, as well as a full-time Community Engagement Manager position to increase awareness and use from residents of these neighborhoods through direct engagement at community events.

PROGRAM RELAUNCH AND CONTINUED FUNDING
The City and Ride Today had a soft launch in September 2023 which included four (4) bike hubs, and 27 deployed e-bikes, with the official launch in February 2024. To support continued operation, on November 20, 2024, the ECIA Transportation Committee received a presentation from Ride Today staff on the bikeshare partnership with the City and approved a recommendation to City Council for $577,484 in ECIA funds to sustain the program for an additional eight (8) months.

At the time of the second contract amendment, a total of 12 bike hubs were installed and in use within the City. As part of the contract amendment, Ride Today anticipated installation of an additional 10 bike hubs with an additional 50 e-bikes in circulation; since the contract amendment, no additional bike hubs have been installed. Additionally, Ride Today notified the City that a government grant funding team was hired in Washington, D.C. with a focus on locating and applying for grant funding; however, the City has not been contacted by this grant team and has not been notified that additional funds have been secured to-date.

On July 1, 2025, the City Council approved a second amendment to the contract with Ride Today and appropriated $410,000 in ECIA funds to support continued program operations for an additional six (6) months.

PROGRAM METRICS
As of December 2025, there are 12 electric bikeshare hubs, including 7 hubs in the TCC Project Area. Additional metrics are listed below in Table 1.

Table 1. Ride Today Program Metrics
Measure July 1, 2025, through
December 4, 2025 To-date a
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May 5, 2026
Registered users in Richmond b 889 new sign-ups
4,238 registered users
(includes new FY25-26
users)
Total trips 578 trips 4,175 trips
Average total trips per day 3.7 trips/day 5.3 trips/day Users who took at least one trip b 200 users 2,021 users Percent of total registered users
who took at least one trip b

4.7% of registered
users

47.7% of
registered users
Repeat users (i.e., users who took
more than one trip)
72 users 723 users
Percent of total registered users
that used bikeshare program more
than once

1.7% of
registered users

17.1% of
registered users
Average # of trips per registered
user b

0.65 trips 0.99 trips
Average # of trips per user who
took at least one trip b

2.89 trips 2.07 trips
Average distance per trip 2.08 miles/trip 2.27 miles/trip Average time per trip 34.4 minutes/trip 37.5 minutes/trip Total CO2 emission reductions
(metric tons) 0.52 metric tons 4.11 metric tons
Positive experience during
ridership 87% 86%
Total City expenditures for
Ride Today c
$261,316.36 $2,777,771.07
Cost to City per tripc $452.10/trip $665.33/trip
Cost to City per user who took at
least one trip during period c
$1,306.58/user $1,374.45/user
Cost to City per ton of CO2
reduced c
$501,566.91/ton of
CO2 reduced
$675,281.65/tons of CO2
reduced
a Data is from program launch in September 2023 through December 4, 2025. b Users who register on Ride Today’s platform may not necessarily end up using the program.

Therefore, this data distinguishes between registered users and users who took at least one trip. c These data include ECIA and TCC funding sources. However, Ride Today has not submitted a TCC-specific invoice since March 2025; therefore, TCC-associated rideshare program costs after March 2025 have not been included here and the presented data is an underestimate of total costs. TCC staff anticipate submission of these late invoices and estimate a total additional cost of approximately $110,000.00. Additionally, these data do not include the initial MTC grant of $1,024,000 which was paid to Bolt Mobility for initial program launch and operations.

As shown in Table 1 above, 4,238 users have registered on Ride Today’s platform, and 4,175 total trips have been taken by users. Of registered users, 2,021 users (47.7%) have taken at least one trip, and 723 users (17.1%) have taken more than one trip. For the period between July 1, 2025, and December 4, 2025, 200 users (4.7%) took at least one trip, and 72 users (1.7%) took more than one trip.
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May 5, 2026
Free Voucher Program
To increase community outreach and encourage ridership, Ride Today began distributing free prepaid ride vouchers to residents of the TCC Project Area in March 2024 through community events and tabling efforts. Each voucher was loaded with an average of $89 in ride credit for recipients to use toward rides.

As of December 2025, a total of 1,478 vouchers had been distributed and activated in user accounts, representing approximately $125,960 in available ride credits. However, only $15,790.63 (13%) of those credits had been redeemed. The funding request includes expenditures related to vouchers issued and not redeemed.

CO2 reduction
By providing an alternative mode of transportation for riders, the bikeshare program reduces vehicle trips and associated greenhouse gas emissions such as CO2. As shown in Table 1, total rides resulted in CO2 emission reductions of approximately 4.11 tons.

Because CO₂ mixes evenly throughout the atmosphere and causes global climate impacts regardless of where it is emitted, it is considered a global—not local—pollutant.

Therefore, the damages of CO₂ emissions are typically valued using a Social Cost of Carbon that reflects worldwide impacts (e.g. damages associated with increasing global temperatures and sea level rise) rather than local exposure. In November 2023, the EPA published a report estimating the social cost of one ton of CO₂ emissions at $209.441. Therefore, total CO₂ emission reductions from the bikeshare program can be associated with an estimated $860.79 reduction in damages globally.

CONTINUED FUNDING AND FUTURE OF THE PROGRAM
Although customers pay a fee to ride the electric bikes, Ride Today is not financially viable without continued financial support from the City. The program has been funded through the ECIA Grant Funds; however, these funds are in their last year of existence. In order to keep the City of Richmond E-Bike share program operating and pay any outstanding invoices, funding in the contract needs to be increased to cover past and future invoices until the end of the FY 2025-26 and allow time for direction to the future of the program during the city budget development process of the Fiscal Year 2026-27 budget. After detailed review and reconciliation of the current contract and budget, City staff realized that there were minimal funds remaining to cover the costs of the City-wide portion of the e-bike program, as the funds available on the contract were allocated to the TCC-portion of the fund. Therefore, City staff is requesting City Council approval to execute a third contract amendment with provider Charleston Mobility (DBA Ride Today).
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May 5, 2026

NEXT STEPS
During the Fiscal Year 2026-2027 budget discussion, City staff will bring a detailed report regarding the future of the e-bike program for City Council consideration. At that time, City Council can determine if the e-bike program should: (1) continue as-is with a limited number of e-bikes and bikehubs, (2) expand to increase the e-bike offerings to additional locations throughout the City, or (3) conclude within the first quarter of FY 2026-27 with the City offering other opportunities for e-bikes and/or other forms of alternative transportation to support first mile-last mile connections.

SYNERGISTIC POLICIES
The Richmond First Mile/Last Mile Transportation Strategic Plan builds upon recent planning efforts that focus on improved transit connectivity, enhanced accessibility, and reduced greenhouse gas emissions.

The Bicycle Master Plan sets forth a blueprint for completion of a 145-mile system of bikeways and support facilities within Richmond. The Plan builds upon the existing system of on street and off-street bicycle facilities throughout the City, focusing on connections between neighborhoods, safe routes to schools and access to major destinations such as employment centers, stores and shops, parks, trails and open space areas. The Plan also includes criteria for defining different types of bicycle facilities, a listing of priority projects, recommendations for increasing the supply of bicycle parking, design standards and education and safety programs. One of the goals includes increasing the number of people of all ages and backgrounds who bicycle for transportation, recreation and health.

DOCUMENTS ATTACHED:

Attachment 1 – Draft - Charleston Mobility Bike Share Contract Amendment 3 Attachment 2 – Charleston Mobility Bike Share Contract Original, Amendment 1 and 2 [Combined]
Attachment 3 – Draft e-bike program presentation
1067
DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, a public body corporate and politic, and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:

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

2. Purpose. This Contract Amendment is being entered into to amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

City Council Approval Date/City Manager Execution Date: ____________________________ Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.

3. Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.

Department: City Project Manager:

City Project Manager E-mail: City Project Manager Phone No:

Vendor No: Contract No:

Description of Services:

Amendment No. ___ modifies the (check all that apply):

Term Payment Limit Service Plan
Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.

Community Services - Transportation Gabino Arredondo [email protected] 510.620.6606 15552 6711 Amended contract for continued electric bike share program operations. 3 Charleston Mobility, LLC 433 Bishop Street, Suite B1 Atlanta, GA 30318 David Touwsma 4042299889 [email protected] 4006-3371 Delaware September 19, 2023 September 19, 2023 September 19, 2028 $2,162,857.00 1068
DocID #34720v1 Modified January 14, 2025

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Contract.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section

7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Authority; Counterparts; Signatures. Each of the signatories hereto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.

CITY OF RICHMOND,
a municipal corporation
By: ________________________________
Title: ______________________________
Date Signed: ________________________
I hereby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.

By: _______________________________
City Clerk
Approved as to form:

By: _______________________________
City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
Charleston Mobility, LLC
1069
DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.

The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The second Contract Amendment was approved by City Council or executed by the City Manager on _________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved by City Council or executed by the City Manager on _______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved by City Council or executed by the City Manager on ________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by City Council or executed by the City Manager on ________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved by City Council or executed by the City Manager on _______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
January 28, 2025 577,484.00 2,740,341.00 July 1, 2025 410,000.00 3,150,341.00 April 28, 2026 390,000 3,540,341 1070
DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:

TERM

PAYMENT
LIMIT

SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) ■ 390,000.00 3,540,341.00
1071
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), 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 coverage, 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.

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), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).

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

3. Original and Separate Additional Insured Endorsement 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 insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
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 SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. 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.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. 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.
1072
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including 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. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

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 Insurance 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.

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.

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 coverage’s and cover those insured in the underlying policies. 1073
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
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
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. 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.

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 Manger. 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.
1074
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/17/2025
(763) 271-1759
15792
Charleston Mobility LLC
433 Bishop St NW
Unit #B1
Atlanta, GA 30318
35351
22985
A 1,000,000
X B0180PN2509950 9/18/2025 9/18/2026 100,000
5,000
1,000,000
2,000,000
2,000,000
B 2,000,000
X XS F405960 9/18/2025 9/18/2026 2,000,000
C
QWC1496779 10/17/2025 10/17/2026 1,000,000 Y 1,000,000
1,000,000
D Cyber Liability ESN0040278291 3/10/2025 Aggregate 1,000,000 The City of Richmond, its officers, officials, employees, agents and volunteers are included as an Additional Insured under the General Liability on a Primary/Non-Contributory basis when required by written contract. Excess Liability policy follows form over the General Liability as respects to additional insureds (on a primary/non-contributory basis including completed operations).

City of Richmond
CHARMOB-01 CTRAETOW
Christensen Group, Inc.
9855 W 78th Street
Suite 100
Eden Prairie, MN 55344-8004
Kate Ergen
[email protected]
Underwriters At Lloyds London
Great American Risk Solutions Surplus Lines Ins Co
Sequoia Insurance Company
CFC Underwriting
X
3/10/2026
X
X
X
X X
1075
FORM NUMBER:

EFFECTIVE DATE:

The ACORD name and logo are registered marks of ACORD

ADDITIONAL REMARKS

ADDITIONAL REMARKS SCHEDULE
FORM TITLE:

Page of

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:

LOC #:

AGENCY NAMED INSURED

POLICY NUMBER

Christensen Group, Inc.

CHARMOB-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
1 SEE P 1
Charleston Mobility LLC
433 Bishop St NW
Unit #B1
Atlanta, GA 30318 SEE PAGE 1 Fulton

CTRAETOW
1 SLT Wording
This contract is registered and delivered as a surplus line coverage under the Surplus Line Insurance Law, O.C.G.A. Chapter 33-5. 1076
Submission #: 1300321-1
Subject: Binder
Insurance Company: Great American Risk Solutions Surplus Lines Insurance Company (Non-admitted) Rated A+ by A.M. Best
Named Insured: Ride Today US LLC
Mailing Address: 433 Bishop St NW Ste B1
Atlanta, GA 30318-4354
Policy Term: September 18, 2025 to September 18, 2026
Policy Number: XS F405960
Coverage: Excess Liability Claims-Made - EXS
Retro Date: Inception
Limits: $2,000,000 Each Occurrence
$2,000,000 Aggregate Limit (Where Applicable)
In Excess of Primary Limits
Primary Limits: Commercial General Liability
Controlling Underlying Insurance
Howden
Each Occurrence $1,000,000
General Aggregate $2,000,000
Products & Completed Operations Aggregate $2,000,000
Personal & Advertising Injury $1,000,000
Premium: Premium Excluding TRIPRA
Premium for TRIPRA
Premium Total
Rate: Flat Charge
Terms and Conditions
Policy Form:

Specimen Packet
Georgia Surplus Lines Notification - GASN (05/20)
Commercial Excess Policy Declarations - EXS6000 (06/19) Forms and Endorsements Schedule - UMX6002 (06/19)
Commercial Excess Policy - EXS0001 (06/19)
Amendment - Limits of Insurance - Defense Within Limits - Following Form - RSX7444 (04/25)
Amendment - Supplementary Payments-Defense Costs-Right to Reimbursement - RSX7398 (07/23)
1300321

1077
Premises:

Dock to dock bike sharing
Description of Operation(s), Product(s), or Work:
e-bikes altered or manufactured to exceed 28mph with pedal or throttle assist Amendment of Condition - Maintenance of Underlying Insurance - EXS4022 (06/19) Excess Follow Form Endorsement - Claims-Made - RSX7426 (05/24) General Service of Suit Endorsement - RSM7122 (01/25)
Global Sanction Endorsement - IL7324 (07/21)
In Witness Clause - IL7268 (09/09)
Named Insured - RSM7115 (06/22)
Non-Drop Down for Loss Not Covered - RSX7441 (12/23)
Schedule of Underlying Insurance - UMX6003 (06/19)
Additional Insureds - RSX7434 (11/23)
Anti-Stacking - RSX7430 (11/23)
Limitation of Coverage to Designated Premises, Project or Operation - RSX7276 (10/22)
Access or Disclosure of Confidential or Personal Material or Information - Exclusion - EXS2001 (12/23)
Aircraft Products and Grounding Liability Exclusion - UMX2005 (06/19) Biometric Liability - Exclusion - EXS2119 (02/24)
Care, Custody or Control - Real or Personal Property - Exclusion - EXS2013 (06/19) Cyber Incident - Exclusion - UMX2116 (12/23)
Exclusion - Abuse or Molestation - RSX7264 (11/23)
Exclusion - Aircraft Liability Including Unmanned Aircraft - RSX7293 (11/22) Exclusion - Assault, Battery or Assault and Battery - RSX7253 (08/22) Exclusion - Auto Liability - RSX7413 (06/23)
Exclusion - Claims or Suits Alleging Infringement of Intellectual Property or Unfair Competition - RSX7395 (07/23)
Exclusion - Cross Suits Liability - Any Named Insured Against Any Other Named Insured and Any Additional Insured Against Any Other Additional Insured - RSX7252 (11/24)
Exclusion - Designated Operations, Products, or Work - RSX7530 (02/25) Exclusion - Electronic Data - EXS8017 (10/23)
Exclusion - Employers Liability - RSX7263 (08/22)
Exclusion - Employment Related Practices - RSX7331 (01/23) Exclusion - ERISA - RSX7247 (07/22)
Exclusion - Firearms or Weapons - RSX7329 (02/24)
Exclusion - Human Trafficking - RSX7299 (11/22)
Exclusion - Installation - RSX7287 (10/22)
Exclusion - Metal Gas, Fume and Metal By-Product - RSX7275 (10/22) Exclusion - Monitoring Services and Operations - RSX7517 (10/24) Exclusion - New York Construction or Contracting Operations - RSX7266 (06/22) Exclusion - Perfluoroalkyl or Polyfluoroalkyl Substances (PFAS) - RSX7339 (03/23) Exclusion - Pre-Existing Damage - RSX7267 (07/22)
Exclusion - Professional Liability Errors and Omissions - RSX7268 (07/22) Exclusion - Recording and Distribution of Material or Information in Violation of Statues or Common Law - RSX7407 (05/23)
Exclusion - Wildfire - RSX7352 (01/23)
Liability Arising Out of Lead - Exclusion - EXS2051 (06/19) Nuclear, Biological, or Chemical Exclusion - UMX2058 (06/19) Organic Pathogens - Exclusion - EXS2062 (06/19)
Silica or Related Dust - Exclusion - EXS2072 (06/19)
Uninsured/Underinsured Motorists - Exclusion - EXS2065 (06/19) Violation of Law Addressing Data Privacy - Exclusion - UMX2117 (12/23) War Liability - Exclusion - EXS2066 (06/19)
Certified Acts of Terrorism - Exclusion - UMX1017 (06/19) 1300321

1078
Disclosure Pursuant to Terrorism Risk Insurance Act Rejection of Offer - UMX1013 (09/20)
Subjectivities:

We require the Completed Surplus Lines Filing Confirmation for taxation or fee purposes in: AL, FL, GA, IA, KS, LA, MA, MI, MS, MO, MT, NH, NJ, NY, NC, OK, RI, SC, SD, TN.

We require the Surplus Lines State Notification to the Insured to be completed and/or signed when required as attached to the policy
Flat cancellations are not permitted on any binders
Binders are subject to the minimum retained premium
Primary carrier(s) must have 'A VI' or better A.M. Best Rating Underlying policies must have defense costs in addition to the limits of liability Subject to conditions outlined in proposal
Copies of all underlying policies to be received within 90 days Premiums are Deposit Premiums
Minimum Premiums are 100% of the Advance Premium
Minimum Retained Premium: 25%
Subject to no known loss letter for past five years or number of years in business if less than five.

Subject to no known loss letter for past five years or number of years in business if less than five.

This binder is for informational purposes only. The actual coverages, terms and conditions offered herein may be more restrictive than those requested on your application.

We cannot schedule workers compensation and employers liability policies as underlying policies on umbrella or excess liability policies for Professional Employment Organizations (PEOs) 1300321

1079
PLEASE READ THIS CAREFULLY.

GEORGIA SURPLUS LINES NOTIFICATION

THIS CONTRACT IS REGISTERED AND DELIVERED AS A SURPLUS LINES COVERAGE UNDER THE SURPLUS LINES INSURANCE LAW. O.C.G.A. CHAPTER 33-5.

FREQUENTLY ASKED QUESTIONS ABOUT YOUR

SURPLUS LINES POLICY
Your broker has placed the insurance you requested in the "surplus lines market" with one or more surplus lines insurers.

By definition, such surplus lines insurers are not licensed in the state, but this does not mean that the transaction is not regulated. The surplus lines market is an insurance marketplace that is established for the purpose of insuring unique or hard to place risks. Some of the rules that apply to surplus lines insurance policies and surplus lines insurance companies differ from those that govern coverage obtained from insurance companies licensed in your state. In order for you to better understand the surplus lines market and the rights you have in a surplus lines transaction, the following material is provided.

Please read this brochure carefully, and should you have any questions after reading the material, do not hesitate to ask your broker. If you wish further information, please contact the Regulatory Services Division, Room 604 West Tower, 2 Martin Luther King, Jr. Drive, Atlanta, Georgia 30334 or (404) 656-2074 or toll free at (800) 656-2298 (request Regulatory Services Division).

WHAT IS A SURPLUS LINES POLICY?
A surplus lines policy is a policy placed with an insurer that is not licensed (or 'admitted') in this state, but is nonetheless eligible to provide insurance on property or liability insurance protection to citizens of this state through specially licensed agents or brokers known as surplus lines brokers.

WHY AM I GETTING COVERAGE FROM A
SURPLUS LINES INSURER?
Your agent or broker may have been unable to obtain the coverage you requested from insurance companies licensed in this state, but was able to obtain coverage from an eligible surplus lines insurance company. The reason for your agent or broker's action is that the risk or property for which you sought coverage may be unique or have certain risk characteristics that caused licensed insurers to decline to write the policy. In circumstances where licensed insurers will not write the risk, your broker is authorized by state law or regulation to obtain the coverage from a 'surplus lines' insurer.

SINCE THE SURPLUS LINES INSURER IS UNLICENSED,
IS THE TRANSACTION UNREGULATED?
Surplus lines transactions are regulated by state law that require that surplus lines policies be procured only by specially licensed brokers. These are called surplus lines brokers and they are authorized to transact business with certain unlicensed insurers that meet financial and other eligibility standards set by the state. These insurers are known as surplus lines insurers. Your agent may have worked with a licensed surplus lines broker in securing your policy.

Alternatively, your agent may hold a surplus lines broker's license.

IS MY SURPLUS LINES POLICY COVERED BY THE STATE
GUARANTY OR INSOLVENCY FUND?
No. There is no guaranty fund for coverage for surplus lines policies. The guaranty fund, which provides payments in the event that your insurance company becomes insolvent, only covers policies of licensed insurers.

GASN_ 05 20 (Page 1 of 2) 1080

HOW IS THE RATE OR PRICE OF A SURPLUS LINES
POLICY DETERMINED?
The rate or premium charged for a surplus lines policy is determined by the surplus lines insurer. As unlicensed insurers, surplus lines insurers do not file their rates or premiums with the state for review or approval.

DOES THE GEORGIA DEPARTMENT OF INSURANCE

REVIEW OR APPROVE THE TERMS AND
CONDITIONS OF THIS POLICY?
Pursuant to O.C.G.A. section 33-5-21.1, policies of surplus lines insurers are not reviewed or approved by the Georgia Department of Insurance.

CAN MY POLICY BE RENEWED OR EXTENDED?
Your surplus lines policy may or may not be renewed or extended when the policy expires. An extension of the policy coverage will be dependent upon the continued unavailability of the policy coverage from insurers licensed in this state and the willingness of the surplus lines insurer to continue to accept the risk. Since a surplus lines policy is generally not subject to the same notice requirements as a policy issued by a licensed insurer, notice of a premium increase for a new policy term or the company's intent not to extend the policy at the same terms and conditions might not be provided until close to the date the policy expires. Therefore, you should keep in contact with your agent or broker, particularly as the expiration of the policy term nears, to ascertain the status of the policy and to assure continuity of coverage.

Jake Malter

NAME OF BROKER OR AUTHORIZED REPRESENTATIVE
GASN_ 05 20 (Page 2 of 2) 1081

CITY OF RICHMOND

STANDARD CONTRACT
Department: Project Manager:

Project Manager E-mail: Project Manager Phone No:

PR No: Vendor No: P.O./Contract No:

Description of Services:

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 (herein referred to as the “City”) and the following named Contractor:

Company Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No: / Expiration Date:

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 and it
terminates unless terminated as provided herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed
the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.

4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.

Transportation Denée Evans
[email protected] 621-1718
Electric Bike Share Operations and expansion

CHARLESTON MOBILITY, LLC
433 BISHOP STREET, SUITE B1
ATLANTA, GA 30318

DAVID TOUWSMA
(404) 229-9889 [email protected]
40063371 December 31, 2023

DELAWARE
September 19, 2023
September 19, 2028
2,162,857.00
✔
15552 6711
DocuSign Envelope ID: 0064AA88-8A12-4A63-9322-EE200ADE5CC3 1082
Managing Partner
9/19/23
DocuSign Envelope ID: 0064AA88-8A12-4A63-9322-EE200ADE5CC3 Mayor
1083
DocuSign Envelope ID: 0064AA88-8A12-4A63-9322-EE200ADE5CC3 1084
DocuSign Envelope ID: 0064AA88-8A12-4A63-9322-EE200ADE5CC3 1085
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1112
1113
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DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, a public body corporate and politic, and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:

2. Purpose. This Contract Amendment is being entered into to amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

Department: City Project Manager:

City Project Manager E-mail: City Project Manager Phone No:

Vendor No: Contract No:

Description of Services:

Amendment No. ___ modifies the (check all that apply):

Term Payment Limit Service Plan
Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.

Community Services - Transportation Gabino Arredondo [email protected] 510.620.6606 15552 6711 Amended contract for continued electric bike share program operations 2 Charleston Mobility, LLC 433 Bishop Street, Suite B1 Atlanta, GA 30318 David Touwsma 4042299889 [email protected] 4006-3371 Delaware September 19, 2023 September 19, 2023 September 19, 2028 $2,162,857 Docusign Envelope ID: 4E64F14D-1042-4A28-AC66-D0C1BF1D389F Docusign Envelope ID: 35FC0C1C-4E29-4DAF-98A6-98ECB0EA6B74 1116
DocID #34720v1 Modified January 14, 2025