SECOND AMENDMENT TO THE MASTER SERVICES
AND SUBSCRIPTION AGREEMENT
BETWEEN THE CITY OF REDONDO BEACH AND CHARGEPOINT, INC.
THIS SECOND AMENDMENT TO THE MASTER SERVICES AND SUBSCRIPTION AGREEMENT BETWEEN THE CITY OF REDONDO BEACH AND CHARGEPOINT, INC.
Second 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 Master Services and Subscription Agreement between the Subscriber and CPI (the "First Amendment") to extend the term of the Agreement and increase the amount of payment for to CPI;
WHEREAS, the Agreement is set to expire on August 29, 2021; WHEREAS, the parties desire to add charging stations to City designated locations as described in the CPI quote attached hereto as Exhibit A-2; and WHEREAS, the parties desire to extend the term of the Agreement and add renew the CPI subscription plan as described in the CPI quote attached hereto as Exhibit A- 1.
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 - SCOPE OF SERVICES. The Agreement shall be amended to provide that CPI shall perform all services described in the CPI quotes as provided in Exhibits A- 1 and A- 2 to which the cloud subscription services will be governed by the Agreement.,
2. SECTION 9 - TERM AND TERMINATION. The term of the Agreement shall be extended to August 29, 2026.
3. SUBSCRIPTION FEES AND PAYMENT TERMS. Subscriber shall pay all fees described in Attachment A- 1 in the amount of$ 25,881
4. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, and this Second 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, and this Second Amendment, the terms of this Second Amendment shall govern.
IN WITNESS WHEREOF, the parties have executed this Second Amendment in Redondo Beach, California, as of this 13'^ day of April, 2021.
CITY OF REDONDO BEACH ChargePoint, Inc.,
a chartered municipal corporation a Delaware corpor
By:
s/.
William C. Brand, Mayor Name: Rex -. Jackson
Title: Ch'- f Financial Officer
ATTEST: APPROV
Eleanono. City rk Diane Strickfaden, Risk Manager
APPROVED AS TO FORM:
7itle
Michael W. Webb, City Attorney
2 -
EXHIBIT A- 1
CHARGEPOINT, INC. RENEWAL QUOTE
See attached.
3 -
Quote Options
ChargePoint ORG ID:
Today' s Date: 4/ 712021
City
City
of Redondo Beach Ch arg epoir1- Quote Expires: 30 Days from TodayNA0m 254 E. Hacienda Avenue Quote: Q- 132194
Campbell, CA 95008
All Prices in U. S Dollars
Jesse Reyes
Ojeda
redoneo ore rtemem@rnaree pom[ em
ChargePoint Cloud SerSces Option I
IGOi985 Dover support
O
Slalim Owner Support Sam— 6pm Mon- Fn Select one Option: K Payment processing 8 pricing
VRlbility m ChagePanl map
SUtion configuration B Extend Exp 8/292025
reporng Date to:
Total Ports 1
Total Price $ 879. 00
Assure• ChargePolnt' s Maintenance B Management Program Option
00% of all labor inciudingvandalism& acclaent Select one Option:
mw
100 % guaranteedWI ler manufacturer
uptime
defects 0
I business day mew mapscn
t stations Assure Sna.00 Pmaclrreslalon moniedc9
Terms and Conditions
Total: $ 297.00
1. The provision of cloud services described In this agreement is subject to the terms and conditions of the Master Services and Subscription Agreement between the parties.
2. All Invoices are: Net 45 days or prepaid.
S. Prises do not Include In where applicable.
4. Purchaser confirms that he shipping and billing Information provided In the Quotation Is accurate for ChargePoint' s shipping and Invoicing purposes.
5. Customer to be invoiced at time of shipment
By signing this quote I hereby acknowledge that have the authority to purchase the product detailed on Oils document on behalf of my organization. Furthermore, I agree to the terms and conditions set orth above and that his signed quote shall act es a purchase order.
Quote Sianatora Bill To
Name: Company Name:
Title: Address:
Signature: City. State. ip:
Company: Accounts Payable
Date; Name:
Email:
Phone:
EXHIBIT A-2
CHARGEPOINT, INC. NEW SERVICES QUOTE
See attached.
4-
chargepoin-t
Quotation
Driving a Better WayTM
chargepoint. com
Sales Representative: Tony Chang Quote Number: 0- 132598- 1 E- Mail: tony. [email protected] Date: 4/ 8/ 2021
Telephone: Expires On: 5/8/2021
Primary Contact: Jesse Reyes
Bill To Address Ship To Address
City of Redondo Beach City of Redondo Beach
531 North Gertruda Ave 531 North Gertruda Ave
Redondo Beach California 90277 Redondo Beach California 90277 United States United States
Product Name Product Description Qty Unit Price Total Price CPCLD-COMMERCIAL- 5yr Prepaid Commercial Cloud Plan. Includes Secure 15 USD 1, 319 USD 19,785 5 Network Connection, On- going Station Software updates, Station Inventory, 24x7 Driver Support, Host Support,
Session Data and Analytics, Fleet Vehicle Management
and Integration, Fleet Access Control, Valet Dashboard, Power Management( Circuit, Panel, Site Sharing), Scheduled Charging, Driver Access Control, Pricing and Automatic
Funds Collection, Waitlist, Videos( on supported hardware).
CPCLD- ENTERPRISE- 5w Prepaid, DC, Enterprise Cloud Plan. Includes Secure 1 USD 4799 USD 4, 799 DC- 5 Network Connection, On-going Station Software updates, Station Inventory, 24x7 Driver Support, Host Support,
Session Data and Analytics, Fleet Vehicle Management
and Integration, Fleet Access Control, Valet Dashboard, Time of Use- varying Power Management( Circuit, Panel,
Site Sharing), Scheduled Charging, Driver Access Control, Pricing and Automatic Funds Collection, Waitlist, Videos( on supported hardware), Meter Data and Advanced Analytics, Building/Energy Management System API, Plug- n- charge(*), Real-Time DC Dynamic Power Management fl, Occupancy
Detection('), Predictive Maintenance and Diagnostics( 5. (') on supported DC stations.
Quote Total: USD 24,584. 00
Shipping and Handling: USD C. 00
Grand Total: USD 24, 584.00
2021 ChargePoinp Inc.
254 East Hacienda Avenue, Campbell, CA 95008 USA
chargepoin+
Quote Acceptance
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.
All invoices are Net 45 days.
Credit Checks are required for new customers.
Pricing does not include installation or mounting services unless specifically quoted above.
The provision of cloud services described in this agreement is subject to the terms and conditions of the Master Services and Subscription Agreement between the parties.
Purchaser confirms that the shipping and billing information provided in the Quotation is accurate for ChargePoint' s shipping and invoicing purposes.
By signing this quote I hereby acknowledge that I have the authority to purchase the product detailed on this document on behalf of my organization. Furthermore, I agree to the above terms and conditions and that this signed quote shall act as a purchase order.
Signature: Title :
Name( Print): Date:
Company Name :
Accounts Payable Contact Name:
Accounts Payable Contact E- Mail :
Requested Ship Date :
C 2021 ChargePoint, Inc.
254 East Hacienda Avenue. Campbell, CA 95008 USA
FIRST AMENDMENT TO THE
MASTER SERVICES AND SUBSCRIPTION AGREEMENT
BETWEEN THE CITY OF REDONDO BEACH
AND CHARGEPOINT, INC.
THIS FIRST AMENDMENT TO THE MASTER SERVICES AND
SUBSCRIPTION AGREEMENT ("First Amendment") is made between the City of Redondo Beach, a Chartered Municipal Corporation (" City") and ChargePoint, Inc., a Delaware Corporation (" Contractor").
WHEREAS, on May 2, 2017, the parties originally entered into the Master Services and Subscription Agreement between the City and Contractor the "Agreement");
WHEREAS, the parties wish to further amend the Agreement ("Amended Agreement").
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. Scope of Services. The Amended Agreement is hereby amended to include the services as described in the attached quote attached hereto and incorporated herein as Exhibit A, including but not limited to, the provision of ChargePoint Network Software Services, ChargePoint Assure Maintenance & Management Program and ChargePoint One-Time Site Validation.
2. Schedule for Completion. The Amended Agreement is hereby amended to extend the term to August 28, 2021.
3. Compensation. The Amended Agreement is hereby amended to increase compensation to $ 1014.00 for the services provided in Exhibit A.
4. No Other Amendments. Except as expressly stated herein, the Amended Agreement shall remain unchanged and in full force and effect. The Agreement and this First 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 and this First Amendment the terms of this First Amendment shall govern. 1 -
mss"
IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 14th day of August, 2018.
CITY OF REDONDO BEACH CHARGEPOINT, INC.
By:
William C. Brand, Mayor Name:- O
Title:G
1 c1) flS
ATTEST: APPROVED:
Eleanor Manzano, Ci Clerk Risk ' anager
APPROVED AS TO FORM:
w (e-ef
Michael W. Webb, City Attorney
2 -
Quote Options
ChargePoint ORG ID: NA004261 Today'
t
s Date: 7/ 24/2018
of Redondo Beach Quote Expires: 8/ 28/2018
by„
531 North Gertruda Ave,
Redondo Beach, California 90277 254 E. Hacienda Avenue Quote: 2018-A0270 Campbell, CA 95008
Mike Klein Alex Smith
31) 031- 8686 669-237-3320
[email protected] [email protected]
ChargePoint Network Software Services Option 1 Option 2 Option 3 24/7/365 Driver support
Station Owner Support 5am— 6pm Mon— Fri Select one Option:
Payment processing& pricing
Visibility on ChargePoint map Extend Exp 8/ 28/ 2019
Extend Exp 8/ 28/2020
Extend Exp 8/28/2021
Station configuration& reporting Date to: Date to: Date to:
Total Ports 1 Total Ports 1 Total Ports 1
Total Price $ 200.00 I Total Price $ 336.46 Total Price $ 504.00 ChargePoint Assure- Maintenance& Management Program
Option 1 Option 2 Option 3
100% of all labor including vandalism& accident
98%
100%
guaranteed
parts for manufacturer
uptime
defects
Select one Option: 0 0
One Year Two Year Three Year 1 business day repair dispatch Proactive station monitoring 1 Stations Assure $ 170.00 Assure $ 350.00 Assure* $ 510.00 ChargePoint One-Time Site Validation
1 Site Validations* 599.00 599.00 0. 00
Initial Site Validation fees waived if 3 years Network Subscription& 3 years Assure are purchased together- Re-validation fees still apply. 0 I decline ChargePoint Assure
Total: $ 1, 014
Terms and Conditions
1. The provision of cloud services described in this agreement is subject to the terms and conditions of the Master Services and Subscription Agreement between the parties.
2. All pricing confidential between Customer and ChargePoint.
3. All invoices are: Net 30 days or prepaid.
4. Prices do not include tax where applicable.
5. Successful Site Validation is required to enable ChargePoint Assure. If station/site does not pass Site Validation the customer is responsible for the cost of station or site
6. Cost of site revalidation is$ 599.00
7. Purchaser confirms that the shipping and billing information provided in the Quotation is accurate for ChargePoint' s shipping and invoicing purposes.
8. Customer to be invoiced at time of shipment
9. Additional purchase terms and conditions can be found at http://www.chargepoint.com/termsandconditions By signing this quote I hereby acknowledge that I have the authority to purchase the product detailed on this document on behalf of my organization. Furthermore, I agree to the terms and conditions set forth above and that this signed quote shall act as a purchase order.
Quote Signatory Bill To
Name: Company Name: City of Redondo Beach
Title: Address: 531 N Gertruda Ave
Signature: City, State, Zip: Redondo Beach, CA, 90277
Company:
Date:
Accounts Payable
Name: Jesse Reyes
Email: [email protected]
Phone: 310-379-2477
EXHIBIT A