THIRD AMENDMENT TO THE MASTER SERVICES
AND SUBSCRIPTION AGREEMENT BETWEEN THE CITY OF REDONDO BEACH AND CHARGEPOINT, INC.
THIS THIRD AMENDMENT TO THE MASTER SERVICES AND SUBSCRIPTION AGREEMENT BETWEEN THE CITY OF REDONDO BEACH AND CHARGEPOINT, INC. (''Third Amendment") is made between the City of Redondo Beach, a chartered municipal corporation ("Subscriber") and ChargePoint, Inc., a Delaware corporation ("CPI").
WHEREAS, on May 2, 2017, the parties entered into the Master Services and Subscription Agreement between the Subscriber and CPI (the "Agreement"); WHEREAS, on August 14, 2018, the parties entered into the First Amendment to the Agreement (the "First Amendment") to extend the term of the Agreement and increase the amount paid to CPI by $1,014.00;
WHEREAS, on April 13, 2021, the parties entered into the Second Amendment to the Agreement (the "Second Amendment") to extend the term of the Agreement to August, 29, 2026, and increase the amount paid to CPI by $25,881; WHEREAS, Section 1.2 of the Agreement references the incorporation of certain Exhibits, including but not limited to "Exhibit 4: Price Quotation," which sets forth the pricing terms applicable to the ChargePoint Services; and
WHEREAS, the parties desire to add charging stations to City designated locations as described in the CPI quote attached hereto as Exhibit A-3 and increase the amount .
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Amended Agreement:
1. SECTION 1.2 - EXHIBITS AND PRIVACY POLICY. Section 1.2 of the Agreement shall be amended to add that CPI shall perform all services described in the Price Quotation as provided in Exhibit A-3. The Price Quotations of the Agreement and any amendments thereto, shall remain in full force and effect, and the parties acknowledge that it will continue to govern the existing pricing terms. In addition to the existing pricing terms, the parties agree to add the attached Price Quotation document ("Additional Price Quotation") as Exhibit “A-3”, which is incorporated into and made a part of this Agreement.
2. SECTION 9 - TERM AND TERMINATION. The term of the Agreement shall be extended to August 29, 2026.
3. SECTION 2.2 - SUBSCRIPTION FEES. Section 2.2 of the Agreement shall be amended to add that the Subscriber shall also pay all fees described in Exhibit A-2 in the amount of $ 9,331.02.
4. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, Second Amendment, and this Third Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement, First Amendment, Second Amendment, and this Third Amendment, the terms of this Third Amendment shall govern.
IN WITNESS WHEREOF, the parties have executed this Third Amendment in Redondo Beach, California, as of this 17th day of October, 2023.
CITY OF REDONDO BEACH, CHARGEPOINT, INC.,
a chartered municipal corporation a Delaware corporation ____________________________ By: _______________________ William C. Brand, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED:
____________________________ ____________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
_____________________________
Michael W. Webb, City Attorney
EXHIBIT “A-3”
CHARGEPOINT QUOTATION
See attached.
© 2023 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA
Quotation
Driving a Better Way™
chargepoint.com
Sales Representative: Tony Chang Quote Number: Q-278684-1 E-Mail: [email protected] Date: 3/9/2023
Telephone:
Primary Contact: Andrea Delap
Bill To Address
Andrea Delap
City of Redondo Beach
415 Diamond Street,
Redondo Beach California 90277
United States
[email protected]
310-318-0686
Ship To Address
Andrea Delap
City of Redondo Beach
545 N Gertruda (City Yard)
Redondo Beach California 90277
United States
[email protected]
1-310-318-0686 Ext 4151
Product Name Product Description Qty Total Price
CPF50-L18-PEDMNTCMK6-Dual
Dual Port, Pedestal Mount, 50A, Type 1, Cable 18', Single Phase Charger with Cable Management Kit. Unit ships in 5 separate boxes. See invoice or packing slip for details.
1 USD
5,930.00
CPGW1-LTE The ChargePoint Gateway provides connectivity for CPF25 and CPF50 to ChargePoint's Cloud via a cell to Wi-Fi modem. One gateway can provide connectivity up-to 9 CPF25/CPF50 ports that are within 150 feet line of sight of the gateway. A gateway must be ordered for a new site, or if the site exceeds more than 9 ports, or if the CPF25/CPF50 is installed more than 150 feet from the existing gateway.
1 USD 0.00
CPCLD-FLEETCOMM-3 CPCLD-FLEETCOMM-3 2 USD
1,740.00
CPF-ACTIVE Initial Station Activation & Configuration Service for CPF - Activation of cloud services and configuration of radio groups, custom groups, connections, access control, visibility control, pricing, reports, and alerts.
One time initial service per station.
2 USD 200.00
© 2023 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA
CPSUPPORTSITEVALIDCustomer works with their own contractor to perform all construction and station installation services. ChargePoint will then engage an authorized ChargePoint Partner to perform Site Validation of electrical capacity, transformers, panels, breakers, wiring, cellular coverage and that the station installation meets all ChargePoint published requirements and local codes.
Upon successful Site Validation, the customer will be eligible to obtain warranty coverage under a ChargePoint Maintenance plan, sold separately.
Note, a failed Site Validation will incur a second validation fee to repeat the validation after the site deficiencies are corrected. Priced per site. 1 USD 630.00
© 2023 ChargePoint, Inc.
240 East Hacienda Avenue, Campbell, CA 95008 USA
Product Name Product Description Qty Total Price
CT1000-CPCMFCPFL00KThe ChargePoint RFID Fleet Card Kit includes 10 RFID Fleet Cards for charging fleet vehicles. Fleet managers log into the admin portal to set up the fleet cards and associate each card with a fleet vehicle. The Card Kit enables managers to track and manage all fleet vehicle charging within the admin portal. The RFID Fleet Cards can be used at stations owned by the organization or public ChargePoint stations.
1 USD 70.00
Quote Total: USD 8,570.00
Discount: USD 0.00
Estimated Tax: USD 570.02
Shipping Fee: USD 191.00
Grand Total: USD 9,331.02
+ Invoices are Net 30 from invoice receipt.
+ Each Assure and Cloud Services subscription that you purchase for a Charging Station will commence ninety (90) days from the date the Charging Station associated with that subscription is shipped to you and will last for the subscription length selected in the applicable order.
+ All prices are FCA ChargePoint warehouse(s).
+ Customer to be invoiced at time of shipment.
+ Sales tax in applicable states and shipping costs will be applied to this quote at time of invoicing. + Credit Checks are required for new customers.
+ Pricing does not include installation or mounting services unless specifically quoted above. + Additional Purchase Terms and Conditions can be found at http://www.chargepoint.com/termsandconditions + Additional terms and conditions for ChargePoint Assure can be found at http://www.chargepoint.com/legal/assure + Purchaser confirms that the shipping and billing information provided in the Quotation is accurate for ChargePoint’s shipping and invoicing purposes.
Company Name: City of Redondo Beach
Accounts Payable Contact Name:
Accounts Payable Contact E-Mail:
Requested Ship Date:
Quote Acceptance