HomeMy WebLinkAbout23-222 Resolution No. 23-222
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH CD, LLC D/B/A
CARBON DAY EV CHARGING FOR THE PURCHASE AND INSTALLATION OF FOUR
ELECTRIC VEHICLE CHARGING STATIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin
with CD, LLC, d/b/a Carbon Day EV Charging, for the purchase and installation of four electric
vehicle charging stations,a copy of which are attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: November 15, 2023
Adopted: November 15, 2023
Vote: Yeas: 8 Nays: 1
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
PURCHASE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 15th day of November
2023, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as
"City") and CD, LLC d/b/a Carbon Day EV Charging, an Illinois limited liability corporation,
(hereinafter referred to as"Seller").
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein,the sufficiency of which is hereby mutually acknowledged,the Parties hereto hereby
agree as follows:
1. PURCHASE. City shall purchase and Seller shall sell the goods and/or services to
the City as described in the two(2)page quote, dated October 13, 2023, attached hereto and made a
part hereof as Attachment A, and as provided by the Sourcewell Contract #042221, incorporated
herein by reference(the"Sourcewell Agreement"). Seller shall deliver the goods and/or services to
the City within ninety(90)days of the entry into this Agreement.
2. TERMS. This Agreement shall be subject to the terms and conditions contained
herein and as provided by Attachment A, which is attached hereto and made a part hereof and the
Sourcewell Agreement. In the event of any conflict between any of the terms and provisions this
Agreement and either Attachment A or the Sourcewell Agreement,or any portion thereof,the terms
and provisions of this Agreement shall supersede and control. In the event of any conflict between
Attachment A and the Sourcewell Agreement,Attachment A shall supersede and control.
3. LAW/VENUE. This Agreement is subject to and governed by the laws of the State
of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or
in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller hereby
irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the
enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit
brought pursuant to this Agreement or the subject matter hereof;and Seller agrees that service by first
class U.S. mail to Gerald M. Miller, 707 Skokie Blvd., Suite 600, Northbrook, IL 60062 shall
constitute effective service.The Parties hereto waive any rights to a jury.
4. NO MODIFICATION. There shall be no modification of this Agreement, except in
a writing instrument executed by both Parties with the same formalities as the original Agreement.
5. MERGER. This Agreement embodies the whole Agreement of the Parties. There
are no promises, terms, conditions or obligations other than those contained herein, and this
Agreement shall supersede all previous communications, representations or Agreements, either
verbal,written or implied between the Parties hereto.
6. INTEREST. Seller hereby waives any and all claims or rights to interest on money
claimed to be due pursuant to this Agreement,and waives any and all such rights to interest to which
it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local
Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act
(815 ILCS 205/1,et seq.),as amended. The provisions of this paragraph shall survive any expiration,
completion and/or termination of this Agreement.
7. SEVERABILITY. The terms of this Agreement shall be severable. In the event any
of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable
for any reason,the remainder of this Agreement shall remain in full force and effect.
8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this
Agreement, it is expressly agreed and understood that in connection with the performance of this
Agreement, Seller shall comply with all applicable federal,state,city and other requirements of law,
including, but not limited to, any applicable requirements regarding prevailing wages, minimum
wage,workplace safety and legal status of employees.
9. COUNTERPARTS AND EXECUTION. This Agreement may be executed in
counterparts, each of which shall be an original and all of which shall constitute one and the same
Agreement. This Agreement may be executed electronically,and any signed copy of this Agreement
transmitted by facsimile machine,email,or other electronic means shall be treated in all manners and
respects as an original document. The signature of any party on a copy of this Agreement transmitted
by facsimile machine, email, or other electronic means shall be considered for these purposes an
original signature and shall have the same legal effect as an original signature.
10. PAYMENT. City shall pay the total sum of Forty-Eight Thousand Nine Hundred
Fifty-Seven Dollars ($48,957.00) within thirty (30) days of delivery or City's receipt of invoice,
whichever is later. The aforementioned total sum is inclusive of all freight and shipping costs. The
City of Elgin is a tax-exempt governmental entity.
11. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary
damages in excess of the purchase price contemplated by this Agreement. In no event shall City be
liable for any consequential,special or punitive damages,or any damages resulting from loss of profit.
12. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the
City upon delivery of the goods.
13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and
shall indemnify, and hold harmless the City, its officers, employees, boards and commissions from
and against any and all claims, suits,judgments,costs,attorney's fees,damages or any and all other
relief or liability arising out of or resulting from or through or alleged to arise out of any acts or
negligent acts or omissions of Seller or Seller's officers, employees, agents or subcontractors in the
performance of this Agreement, including but not limited to, all goods delivered or services or work
performed hereunder. In the event of any action against the City, its officers, employees, agents,
boards or commissions covered by the foregoing duty to indemnify and hold harmless, such action
shall be defended by legal counsel of the City's choosing.
14. WARRANTY. All applicable warranties, including but not limited to any and all
applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a
particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories,
components, and services to the benefit of the City.
2
15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be
construed so as to create a joint venture, partnership, employment or other agency relationship
between the Parties hereto.
16. WAIVER. Neither party hereto shall be responsible for any consequential, indirect,
punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights
by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be
construed as,a waiver of any such rights.
17. LIMITATION OF ACTIONS.The Parties hereto agree that any action by the Seller
arising out of this Agreement must be filed within one year of the date the alleged cause of action
arose or the same will be time-barred.
18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement.
The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit
the Seller contractually and has been authorized to execute this Agreement on its behalf
IN WITNESS WHEREOF,the Parties have hereto set their hands the day and year first above written.
CD,LLC d/b/a CARBON DAY EV CITY OF ELGIN
CHARGING
Robert' A CP411,
Pf nt Name chard G. o , manag0
Attest,
ignature
u! c9/,s '1 al 4P Title "i'
Title City Clerk
Legal tb Day EV Charging Purchase agar-10-16-23.docz
3
QUOTE ATTACHMENT A October 13,2023 CARE ) T
Mr.Aaron Neal 0 A Y EV CHARGING
A
City of Elgin NA002005
1900 Holmes Rd
Elgin, IL 60123
847-931-6099
neal a •cityofelgin.org
CT4000 Series J1772 Level 2 with Credit Card Capability
With Self-Retracting Cord Management,Video Capability and 5 Year Parts and Labor Warranty
REFERENCE: 3 CT4021 and 1 CT4023. Sourcewell Contract#042221-CPI
Price Per
Model Number Description QTY Station Total Price
ChargePoint List$7,210 CO i
CT-4021 Dual Bollard-with Locking Holster and Card Reader 3 $6,129 $18,387
ChargePoint List$7,210
CT-4023 Dual Wall-with Locking Holster and Card Reader 1 $6,129 $6,129
5 Year Commercial Per Plug
Cloud Plan Reference Page 2 of Quote for Explanation 8 $1,555 $12,440
CT4000-PMGMT CT4000 Power Management Kit 0 $65 $0
CT4001-CCM CT4000 Bollard Concrete Mounting Kit. 3 $125 $125
5 Year Assure Reference Page 2 of Quote for Explanation 4 $2,400 $9,600
CPSUPPORT-ACTIVE Initial Activation and Configuration
Reference Page 2 of Quote for Explanation 4 $349 $1,396
Shipping Shipping 4 $220 $880
Amount Due Total cost before installation $48,957.00
Signature Date
Ship to:
CAI:IBCA4
[ AYEVEVRGJNGj
Initial Station Activation and Configuration Service includes activation of cloud services and configuration of radio groups,
connections, access control,visibility control, pricing, reports and alerts. One time initial service per station $349
Commercial Cloud Plan available in prepay options:
Annual fee includes: Commercial Cloud Plan, 24-7-365 Customer Service for Drivers via 800 number, Reporting,
Software Updates,Station Manager Account Access, Data Collection and Credit Card Capability
Pricing,Automatic Funds Collection, Power Management and Videos.
1 year $345 ($345 per year) per plug
2 years $675 ($337.50 per year) per plug
3 years $985 ($328.33 per year) per plug
4 years $1,280 ($320 per year) per plug
5 years $1,555($311 per year) per plug
Optional Programs:
Assure Warranty optional extended Parts and Labor Warranty:
1 year$600
2 years$1,140 ($570 per year)
3 years $1,620 ($540 per year)
4 years$2,040 ($510 per year)
5 years $2,400 ($480 per year)
** Other Standard Terms and Conditions
20% restocking fee for any product returned to ChargePoint
Terms: 50%due upon placement of order and balance due 30 days after shipment of product.
Issue payment to CD LLC.
ChargePoint 1 year part warranty applies for all products. Warranty will be between purchaser and ChargePoint.
Cloud and Assure plans start upon station activation or 90 days after ship date, whichever is first.
Prices are confidential and expire: November 12, 2023
Rob Spatz- 518-645-6733- rob.spatz@carbondayevcharging.com- 163 S. Wheeling Rd. -Wheeling, IL 60090
Visit Our Website: https://carbondavevcharging.com/
DocuSign Envelope ID:70860DB7-D64E-41C6-9705-04DD85F6669A
ATTACHMENT B 042221-CPI
Sourcewell
Solicitation Number: RFP#042221
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and ChargePoint, Inc., 254 E. Hacienda Ave., Campbell,CA 95008-6617
(Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21)that offers
cooperative procurement solutions to government entities. Participation is open to federal,
state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit,tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Electric Vehicle Supply Equipment and Related
Services from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE.This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION.This Contract expires July 20, 2025, unless it is cancelled
sooner pursuant to Article 22.This Contract may be extended up to one additional one-year
period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS.Articles 11 through 14 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS,OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
Rev. 10/2020 1
DocuSlgn Envelope ID:70660DB7-D64E-41C6-9705-04DD85F6669A
042221-CPI
All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances,and are free from defects in design, materials, and workmanship.
In addition,Vendor warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended.Vendor's dealers and
distributors must agree to assist the Participating Entity in reaching a resolution in any dispute
over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past
the expiration of the Vendor's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution,Vendor will
make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers,
distributors, and/or resellers relative to the Equipment, Products, and Services related to this
Contract.This list may be updated from time-to-time and is incorporated into this Contract by
reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current
version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's
Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition.This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery,Vendor must permit the Equipment and Products to be
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
Rev 10/2020 2
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
042221-CPI
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon
as possible and the Vendor will replace nonconforming Equipment and Products with
conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax-
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes,additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator.This form is available
from the assigned Sourcewell Contract Administrator. At a minimum,the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion.The new pricing
Rev. 10/2020 3
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
042221-CPI
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and be incorporated by reference.
5. PARTICIPATION,CONTRACT ACCESS,AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION.Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada;such as federal,state/province,
municipal, K-12 and higher education,tribal government,and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract.A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Vendor understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products,or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES.Vendor's employees may be required to perform work at government-
owned facilities, including schools.Vendor's employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures,and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT.To access the contracted Equipment, Products,or Services under
this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this
Contract; however,order flow and procedure will be developed jointly between Sourcewell and
Vendor.Typically, a Participating Entity will issue an order directly to Vendor. If a Participating
Entity issues a purchase order, it may use its own forms, but the purchase order should clearly
note the applicable Sourcewell contract number.All Participating Entity orders under this
Contract must be issued prior to expiration of this Contract; however,Vendor performance,
Participating Entity payment,and any applicable warranty periods or other Vendor or
Participating Entity obligations may extend beyond the term of this Contract.
Rev. 10/2020 4
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
042221-CP1
Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will
be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of
any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Vendor, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entitles may require the use of a
Participating Addendum;the terms of which will be worked out directly between the
Participating Entity and the Vendor. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements (such as e-commerce specifications,
specialized delivery requirements, or other specifications and requirements) not addressed in
this Contract, the Participating Entity and the Vendor may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the goods to be purchased;
2. Federal, state,or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to
between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE.The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE.Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed.The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
Rev.10/2020 5
DocuSign Envelope ID:70B60DB7-D64E-41 C6-9705-04DD85F6669A
042221-CPI
B. BUSINESS REVIEWS.Vendor must perform a minimum of one business review with
Sourcewell per contract year.The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, supply issues, customer issues, and any other
necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter,Vendor must provide a contract
sales activity report (Report)to the Sourcewell Contract Administrator assigned to this
Contract.A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales,Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
• Customer Name (e.g., City of Staples Highway Department);
• Customer Physical Street Address;
• Customer City;
• Customer State/Province;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in,and not
added to,the pricing.Vendor may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for two percent (2%) multiplied by the total
sales of all Equipment, Products, and Services purchased by Participating Entities under this
Contract during each calendar quarter. Payments should note the Vendor's name and
Sourcewell-assigned contract number in the memo; and must be mailed to the address above
"Attn:Accounts Receivable" or remitted electronically to Sourcewell's banking institution per
Sourcewell's Finance department instructions. Payments must be received no later than 45
calendar days after the end of each calendar quarter.
Rev. 10/2020 6
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
042221-CPI
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date,the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's
Authorized Representative changes at any time during this Contract,Vendor must promptly
notify Sourcewell in writing.
10.AUDIT,ASSIGNMENT,AMENDMENTS,WAIVER,AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract.This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract,that failure does not
waive the provision or the right to enforce it.
E. CONTRACT COMPLETE.This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract,whether written or
oral, may be used to bind either party. For any conflict between the attached Proposal and the
terms set out in Articles 1-22,the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
Rev. 10/2020 7
DocuSign Envelope ID.70B60DB7-D64E-41 C6-9705-04DD85F6669A
042221-CPI
respective businesses.This Contract does not create a partnership,joint venture, or any other
relationship such as master-servant, or principal-agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their
agents and employees, harmless from any claims or causes of action, including attorneys'fees,
arising out of the performance of this Contract by the Vendor or its agents or employees;this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications.
12.GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING,AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free,worldwide, non-exclusive right and
license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Vendor.
b. Vendor grants to Sourcewell a royalty-free,worldwide, non-exclusive right and
license to use Vendor's Trademarks in advertising and promotional materials for the
purpose of marketing Vendor's relationship with Sourcewell.
2. Limited Right of Sublicense.The right and license granted herein includes a limited right
of each party to grant sublicenses to its and their respective distributors, marketing
representatives, and agents(collectively"Permitted Sublicensees") in advertising and
promotional materials for the purpose of marketing the Parties' relationship to Participating
Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective
sublicensees.
3. Use; Quality Control.
Rev. 10/2020 8
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
042221-CPI
a. Sourcewell must not alter Vendor's Trademarks from the form provided by
Vendor and must comply with Vendor's removal requests as to specific uses of its
trademarks or logos.
b. Vendor must not alter Sourcewell's Trademarks from the form provided by
Sourcewell and must comply with Sourcewell's removal requests as to specific uses
of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's Trademarks only in good faith and in a dignified manner consistent
with such party's use of the Trademarks. Upon written notice to the breaching party,
the breaching party has 30 days of the date of the written notice to cure the breach
or the license will be terminated.
4. As applicable,Vendor agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits,claims,judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason,each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of vendors which may be used until the next printing). Vendor must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs,and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications,or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator
assigned to this Contract.
D. ENDORSEMENT.The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
14.GOVERNING LAW,JURISDICTION,AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
Rev. 10/2020 9
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
042221-CPI
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16.SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
17. PERFORMANCE, DEFAULT,AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor will jointly develop a short briefing document that describes the
issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher
level of management.The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default.Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
Rev. 10/2020 10
DocuSign Envelope ID:70B60DB7-D64E-41 C6-9705-04DD85F6669A
042221-CPI
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A-or better,
with coverage and limits of insurance not less than the following:
1. Workers'Compensation and Employer's Liability.
Workers' Compensation:As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent.At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,Vendor
will maintain insurance covering all owned, hired, and non-owned automobiles in limits
of liability not less than indicated below.The coverage must be subject to terms no less
broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or
equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
Rev. 10/2020 11
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
042221-CPI
4. Umbrella Insurance. During the term of this Contract,Vendor will maintain umbrella
coverage over Workers' Compensation, Commercial General Liability, and Commercial
Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Vendor will maintain coverage for network security and privacy liability.The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy.The insurance must cover claims which may arise from failure of Vendor's
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data—including but not limited to, confidential or private
information, transmission of a computer virus,or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract,Vendor must furnish
to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract.The certificates must be signed by
a person authorized by the insurer(s)to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide
certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees,as an additional insured under the Vendor's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Vendor, and products and completed operations of
Vendor.The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
Rev. 10/2020 12
DocuSign Envelope ID:70860DB7-D64E-41C6-9705-04DDS5F6669A
042221-CPI
insurance applicable to the Vendor or its subcontractors.The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Vendor or its subcontractors. Where permitted by law,Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION.The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS.All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES.Vendor must maintain a valid and current status on all required federal,
state/provincial,and local licenses, bonds,and permits required for the operation of the
business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT,OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Vendor declares bankruptcy,Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota;the United States federal government or the Canadian
government, as applicable; or any Participating Entity.Vendor certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract.Vendor further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require
additional requirements based on specific funding specifications. Within this Article, all
Rev. 10/2020 13
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
04222 I-CPI
references to "federal"should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
regulations at 41 C.F.R. §60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT,AS AMENDED (40 U.S.C. §3141-3148). When required by federal
program legislation, all prime construction contracts in excess of$2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R.§5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week.The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation.The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination.The non-federal entity must report all suspected or reported violations to
the federal awarding agency.The contracts must also include a provision for compliance with
the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means,any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled.The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of$100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations(29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
Rev. 10/2020 14
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
042221-CPI
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week.The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous.These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract.Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of"funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that"funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. §401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,"and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT(42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT(33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q)and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387).Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency(EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352).Vendors must file
any required certifications.Vendors must not have used federal appropriated funds to pay any
Rev. 10/2020 15
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
042221-CPI
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract,grant, or any other award
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award.Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. §
1352).
H. RECORD RETENTION REQUIREMENTS.To the extent applicable,Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333.The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE.To the extent applicable,Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336).Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions.The right
also includes timely and reasonable access to Vendor's personnel for the purpose of interview
and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322).A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act.The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds$10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
Rev. 10/2020 16
DocuSign Envelope ID:70B60DB7-1)64E-41C6-9705-04DD85F6689A
042221-CPI
22.CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time,with or without cause, upon 60
days' written notice to the other party. However,Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor's Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to cancellation.
Sourcewell ChargePoint, Inc.
DocuSigned by�:J(����A i/y/ DocuSigned by: (♦1.
By CCFD2A1[39006489 By D1 F473FEF820430...
Jeremy Schwartz Rex S.Jackson
Title: Chief Procurement Officer Title:Chief Financial Officer
7/15/2021 111:43 AM CDT 7/15/2021 111:40 AM CDT
Date: Date:
Approved:
UocuSignea by.
C .1
By: 7E4288F817A64 CC.
Chad Coauette
Title: Executive Director/CEO
7/15/2021 111:46 AM CDT
Date:
Rev.10/2020 17
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
RFP 042221 - Electric Vehicle Supply Equipment and Related
Services
Vendor Details
Company Name: ChargePoint.Inc.
Does your company conduct
business under any other name?If No
yes,please state:
254 E. Hacienda Ave.
Address:
Campbell , Ca 95008-6617
Contact: Sam Ta
Email: sam.ta@chargepoint.com
Phone: 425-229-8083
Fax: 408-841-4500
HST#: 26-1080576
Submission Details
Created On: Monday March 08,2021 22:21:45
Submitted On: Thursday April 22,2021 10:45:43
Submitted By: Sam Ta
Email: sam.ta@chargepoint.com
Transaction#: f4d9971 9-1 da2-499d-9d 19-7ab18521985f
Submitter's IP Address: 98.225.2.163
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
Specifications
Table 1: Proposer Identity &Authorized Representatives
General Instructions(applies to all Tables)Sourcewell prefers a brief but thorough response to each question. Do not merely attach
additional documents to your response without also providing a substantive response. Do not leave answers blank; respond"N/A"if the
question does not apply to you(preferably with an explanation).
Line Question Response*
Item
1 Proposer Legal Name (and ChargePoint Holdings, Inc.
applicable dlb/a, if any):
2 Proposer Address: 254 E. Hacienda Ave.
Campbell, CA 95008-6617
3 Proposer website address: www.chargepoint.com *
4 Proposer's Authorized Rex S. Jackson
Representative (name, title, Chief Financial Officer
address, email address & phone) rex.jackson@chargepoint.com
(The representative must have 254 E. Hacienda Ave.
authority to sign the "Proposer's Campbell, CA 95008-6617
Assurance of Compliance" on Phone: 408-841-4500
behalf of the Proposer and, in the
event of award, will be expected
to execute the resulting contract):
5 Proposer's primary contact for this John Gilbrook
proposal (name, title, address, Regional Sales Director
email address & phone): 254 E. Hacienda Ave.
Campbell, CA 95008.6617
Phone: 781-588-1274
6 Proposers other contacts for this Bjom Thorsland
proposal, if any (name, title, Account Executive
address, email address & phone): 254 E. Hacienda Ave.
Campbell, CA 95008-6617
Phone: 669-237-3328
bjom.thorsland@chargepoint.com
Table 2: Company Information and Financial Strength
[Line Question Response I
tem
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B6ODB7-D64E-41C6-9705-04DD85F6669A
7 Provide a brief history of your company, ChargePoint was founded in 2007 with a single mission in mind — to make EV
including your company's core values, charging easy and convenient so that everyone feels confident in making the
business philosophy, and industry longevity transition to electric transportation. We are one of the only EV charging technology
related to the requested equipment. products companies that designs, manufacturers, and sells the entire ecosystem of EV
or services. charging needs — hardware, software, and services — in one seamless solution. This
integrated approach allows ChargePoint to offer an unsurpassed EV driver
experience while ensuring that station owners have all the tools and features
necessary to keep their stations up and running white aligned with their particular
use case.
ChargePoint operates across a broad range of end customers and charging use
cases including individual homeowners, commercial workplaces, fleets, municipalities,
retail, auto OEMs, and more. Our station management software and energy
'management solutions help people and businesses shift away from fossil fuels and
manage growing demand for EV charging. The ChargePoint mobile app, the highest
rated app in its segment, allows EV drivers to easily find charging stations, review
prices and availability, authenticate, and pay for charging sessions on our network
wherever their journey takes them. ChargePoint advocacy and partnership with a
variety of EV stakeholders and policy groups throughout the US helps pave the way
for widespread EV adoption.
ChargePoint has built its solution upon four core principles in support of making the
charging experience easy, flexible, and efficient: ,
1. Scale: Ability to scale from small scale pilots to large scale adoption across
multiple sites.
2. Experience: Over a decade of experience in building an effortless charging
experience for all.
3. Quality: Reliable and safe charging solutions utilizing industry standards and
evaluated using ChargePoint's own Advanced Testing Facility.
4. Service: Best in class services for every mission, including remote monitoring
and equipment uptime guarantees.
Electric mobility is the smart choice and ChargePoint is excited about our role in
helping to build the new fueling network. ChargePoint has more than 110,000
activated places to charge on its network, with access to an additional 160,000
public places to charge through roaming integrations with other major networks.
Below are just a few of the exciting milestones achieved as we build out the new
fueling network:
+ More than 88,815,316 charges delivered
+ Drivers plug into a ChargePoint0 network approximately every 2.0 seconds
+ Drivers have avoided more than 400 liters of gasoline, 283,855,743 kgs of
CO2 emissions and 298,795,235 kgs of GHG emissions
+ More than 4,386,000,000 electric kilometers driven on the ChargePoint Network
+ ChargePoint stations have dispensed more than 711,469 Megawatt hours
(MWh) of electric fuel ChargePoint employs a field, inside and channel sales team
that collectively oversee all new and existing customer sales opportunities
(ChargePoint employees).
8 !What are your company's expectations In the ChargePoint is currently a qualified Sourcewell vendor of EV charging solutions and
event of an award? we would expect similar activities if granted a continuation of that status. As
Sourcewell members inquire about purchasing EVSE and related services provided
under this contract, we anticipate that Sourcewell would direct those members to
ChargePoint where we can assist the member in identifying the best solution, and
the best buying and installation path to fit their needs. ChargePoint and/or our
channel partners would be able to deliver all of the charging station needs and
software solutions described herein.
ChargePoint will also proactively promote the contract. As the industry leader,
ChargePoint has experience deploying large scale programs across North America
and has the resources necessary to quickly train staff and partners on such
initiatives.
ChargePoint will continue to support listing of the opportunity on its popular EV
charger incentives website, conduct marketing campaigns to raise awareness of the
opportunity, and support awareness training of our various channel partners and
electrical contractors to broaden the number of entities helping to conduct outreach
and support Sourcewell members.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705.04DD85F6869A
9 Demonstrate your financial strength and ChargePoint has developed thousands of established commercial customers and
stability with meaningful data. This could have shipped more than 100,000 charging ports, providing a solid revenue pipeline
include such items as financial statements, and financial standing. ChargePoint has raised over $550 million in investment
SEC filings, credit and bond ratings, letters funding prior to becoming a public company from some of the largest and best-
of credit, and detailed reference letters, known companies including: American Electric Power, Quantum Energy Partners,
Upload supporting documents (as applicable) Unse Capital, Daimler AG, Rho Capital, Braemar Energy Ventures, Canada Pension
in the document upload section of your Plan (CCPIB), Siemens, Constellation Technology Ventures, Chevron Technology
response. Ventures, and BMW.
In February of 2021, ChargePoint became the world's first publicly traded global EV
charging network when we were listed on the New York Stock Exchange (NYSE)
under the stock symbol CHPT. At the close of the transaction to become a publicly
traded company, ChargePoint had approximately $615 million in cash (prior to
payment of its outstanding term loan), which it anticipates will fund ongoing
operations and to support the expansion of the Company's commercial, fleet and
residential businesses in North America and Europe.
Please refer to the following fink for additional information and financials associated
with investor relations:
https://investors.chargepoint.com/overview/default.aspx
10 What is your US market share for the ChargePoint has an estimated—70% market share of networked public L2 chargers
solutions that you are proposing? within North America.
11 What Is your Canadian market share for the ChargePoint has an estimated—70% market share of networked pubic L2 chargers .
solutions that you are proposing? _ within North America.
12 Has your business ever petitioned for ChargePoint has not petitioned for bankruptcy protection. .
bankruptcy protection? If so, explain in detail.
13 How is your organization best described: is ChargePoint is best described as a manufacturer and service provider. ChargePoint
it a manufacturer, a distributor/dealer/reserver, designs and develops a turnkey EVSE solution: we design and manufacturer our
or a service provider? Answer whichever own networked charging stations, develop cloud-based network management
question (either a) or b) just below) best software, provide driver app and web portal analytics, and maintain dedicated driver
applies to your organization. and station owner support teams.
a) If your company is best described as ChargePoint has a national direct sales force including regionally based teams and
a distributor/dealer/reseller (or similar entity), corporate inside sales department. Support activities are out of our Arizona facility.
provide your written authorization to act as a All direct Sales and Support are employees of ChargePoint. In addition,
distributor/dealer/reseller for the manufacturer ChargePoint also has a full, local and national, network of partners across the US
of the products proposed in this RFP. If that we engage for sales, installation, and maintenance depending on their .
applicable, is your dealer network discipline. Our partners are not employees of ChargePoint.
independent or company owned? ChargePoint intends to be a single vendor contact for Sourcewell members from
b) If your company is best described as project planning to sales, installation, and station support. If members require turnkey
a manufacturer or service provider, describe equipment sales and installation services, ChargePoint would likely work together
your relationship with your sales and service with an appropriate channel partner to provide the desired proposal structure.
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
14 If applicable, provide a detailed explanation ChargePoint's local and national network of partners across the US and Canada
outlining the licenses and certifications that are trained and certified on the installation of our products through our Training and
are both required to be held, and actually Certification program. All of our partners have licensed electricians on-staff or
held, by your organization (including third maintain partnerships with such electricians.
parties and subcontractors that you use) in
pursuit of the business contemplated by this Sourcewell members have the option of using their own licensed electrician for *
RFP. installation of ChargePoint stations. ChargePoint has installation manuals and videos
available to help facilitate a successful install. In this case, ChargePoint would need
to validate the installation prior to activating an Assure warranty for equipment
maintenance and support; this is a simple review and approval of the work
performed.
15 Provide all "Suspension or Debarment" ChargePoint has never been suspended or disbarred.
information that has applied to your
organization during the past ten years.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
Table 3: Industry Recognition&Marketplace Success
Line
Item Question Response"
16 Describe any relevant industry awards or ChargePoint Awards
recognition that your company has received + 2019 London Business Awards: Social Impact International Company • Acterra
In the past five years Award: Environmental Innovation 2018 Global Cleantech Hall of Fame
+ 2017 East Bay Clean Cities, Clean Air Champion Award Architizer A+ Award
Popular Choice Winner: Smart Home Category • Electrek Best of CES 2017: Best
EV Accessory
+ 2016 Edison Awards: Silver in the Electric Energy & Propulsion Systems
category Climate Change Business Journal: Business Model Innovation for Energy
and Carbon Management
+ 2015 United Nations: Momentum for Change Goldman Sachs: 100 Most
Intriguing Entrepreneurs Verizon: Supplier Award for Environmental Excelence Smart
Grid Today: 2015 Smart Grid Pioneer Global Cleantech 100 winner for 6 years
running
+ 2014 CNBC: Disruptor 50: The End of the Gas Station? Sustainia: World's
100 Leading Sustainability Innovations
+ 2013 Pike Research: Top electric vehicle charging station manufacturer World
Economic Forum: 'Technology Pioneer" Wrnner Green Parking
Council: "Sustainability Leadership Pioneer'
+ 2012 AiwaysOn. Top 200 green tech companies Winner Sustainia100, a top
sustainable solution announced at the Rio+20 conference 'The Green Garage" races
into The Tech Museum display
+ 2011 Top ranking and top overall score in Pike Research report of the EV
supply equipment industry:
+ 2010 Time Magazine: 50 Best Inventions Edmund's Green Car Breakthrough
Award BusinessWeek: 20 Small Businesses of the Future Greentech Media: Top 50
VC-Funded Startups
17 What percentage of your sales are to the In the past three years is approximately 20% of our sales are in the government
governmental sector in the past three years sector.
18 What percentage of your sales are to the In the past three years is also approximately 10% of our sales are from the
education sector in the past three years education sector.
19 List any state, provincial, or cooperative ChargePoint is listed on numerous states, provincial and cooperative purchasing
purchasing contracts that you hold. What is contracts, either directly or indirectly via channel partners. It is likely that every state
the annual sales volume for each of these or province where an EVSE contract or authorized vendor list exists, ChargePoint's
contracts over the past three years? products are available either directly or through authorized channel partners. As a
privately held company, ChargePoint does not release financial detail related to
customer transactions.
20 List any GSA contracts or Standing Offers + ChargePoint holds a Kinetic GPO contract (S0)
and Supply Arrangements (SOSA) that you + ChargePoint holds an Equalis Group/Sourcing Alliance contract (SO)
hold. What is the annual sales volume for •
each of these contracts over the past three
_years? !
Table 4: References/Testimonials
Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name• Contact Name' Phone Number•
NY NJ Port AuthorityCharles Goldberg (212) 435.6497 •
Cly of Long Beach Joe Hunter (714) 655-3951 •
Austin Energy Shams Duval -- (512)-799-4785 - •
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41 C6-9705-04DDB5F6669A
Table 5:Top Five Government or Education Customers
Line Item 22. Provide a list of your top five government,education, or non-profit customers (entity name is optional),
including entity type,the state or province the entity is located in,scope of the project(s),size of transaction(s),and dollar
volumes from the past three years.
Entity Name Entity Type' Fro te��. Scope of Work Size of Transactions• Years*
Volume Past Three
City of Long Government California-CA Mbc of CT4000, CPF50 and Various, up to $1.3M $6.0M
Beach CPE250
City of New Government New York-NY Mix of CT4000, CPF50 and Various, up to S515k $3.3M
York CPE250
County of Government California-CA Mix of CT4000 Various, up to $630k $1.OM
Santa Clara
State of Utah Government Utah-UT Mix of CT4000 Various, up to $800k $900k
Long Beach Education California-CA Mix of CT4000 Various, up to $430k $500k
Community
,College
Table 6:Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada,as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers,the number
of workers(full-time equivalents)involved in each sector,whether these workers are your direct employees(or employees of a third
party),and any overlap between the sales and service functions.
Line Question Response'
item
23 Sales force. ChargePoint has over 50 employees in sales. ChargePoint has its own regionally
based outside sales teams covering every state within the US and all of the
provinces in Canada. We also have dedicated sales teams for federal, fleet and
public sectors. Our outside sales team is empowered to travel safely anywhere within
their territory to meet with Sourcewell member onsite They are also capable of
hosting online webinars and training sessions when needed.
In addition to our outside sales team, we also have corporate based inside sales
teams. Through our marketing efforts, existing client base, and market reputation, we
receive a significant number of inbound inquiries. To streamline this process for
customers, we have a designated inside sales team devoted to all inbound calls and
inquiries from existing and prospective clients. Having a designated team handling
these inbound phone calls ensures inquiries are handled quickly and efficiently.
Once a call is answered and qualified, the inside salesperson connects the customer
with the local regional sales representative. The regional sales representative will
work with the customer from this point.
We also have an inside sales team dedicated to outbound calls. This team could be
focused on proactive outreach to Sourcewell members and will also be following up
on leads that are generated through various marketing initiatives.
,ChargePoint also has a team of Solutions Engineers and complex project support
resources that can assist in any presale technical education required to get help
!Sourcewell members understand their EV charging options and ultimately develop an
optimized deployment. After deployment, ChargePoint also has a team of Customer
Success Managers (CSMs) who look after all existing customers and would make
sure Sourcewell members are getting the most out of their ChargePoint solutions.
As you know, ChargePoint has held an active Sourcewell award since 2018 and has
'always been eager to partner with Sourcewell to perform joint marketing or any other
Icontract development activity believed to drive additional success in all forms. Upon
securing a new contract, ChargePoint would be pleased to work with Sourcewell to
;perform a "relaunch- with the intent of building new momentum around the refreshed
award.
lAs an example, ChargePoint could leverage our marketing team to run campaigns to
generate interest and promote Sourcewell. This has been a productive approach for
,other initiatives, such as grants that we have been awarded. Our go-to-market
approach is quick and seamless which creates a simple process for clients and
partners.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
24 Dealer network or other distribution ChargePoint has a network of over 65 Value Added Resellers located throughout the
;methods. US and Canada. These resellers are capable of on-site evaluation, installation,
installation quotation, and EV stations sales. A subset of these partner are also
Operations and Maintenance (O&M) partners as described below.
ChargePoint has a network of over 2,000 certified installers and 13 O&M (Operations
& Maintenance) partners located through the United States and Canada who are
qualified to perform engineering, permitting, and construction services for any type of
EVSE. ChargePoint works closely with our customers and partners to ensure site
design, charging station layout, and driver experience is the best in the industry.
We have 6 national distribution partners covering us in every state. These partners
total nearly 4,000 locations combined and give us the reach to over 70,000 electrical
contractors as well as access to local and state gov't agencies across the country.
ChargePoint's network of distribution partners have their own sales and marketing
teams that they will use to promote the contract to existing and prospective clients.
lAs stated above, ChargePoint will train all distribution partners and installers on the
Sourcewell contract details so they can effectively inform customers and generate
opportunities.
Regardless the sales channel, ChargePoint works closely with our customers and
partners to ensure site design, charging station layout, and driver experience is the
best in the industry.
25 Service force. 1ChargePoint's charging solutions come complete with 2417 driver support, extended
hours station owner technical support and maintenance if desired.
!ChargePoint Support is the largest and most experienced customer service force In
the EV charging industry.
The ChargePoint support team is based in Scottsdale, AZ with over 50 trained
employees and is understood to be the largest in-house EV charging support team
in the industry. These numbers do not include our 13 O&M partners that also offer
support services and are located throughout the United States and Canada.
The support organization is divided into driver, station owner, and activations support
teams, with representatives sharing duties and knowledge. In addition, we have plans
ito add additional headcount by nearly a dozen more by year end.
ChargePoint Support works remotely via the ChargePoint Network to assist drivers
land diagnose station issues. Once issues are determined, Support works with our
network of local O&M partners to perform any require site visits including repairs.
Beyond standard technical support, ChargePoint offers ChargePoint Assure, a
comprehensive maintenance and management program that is outlined in greater
detail in section 9A.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-064E-41C6-9705-04DD85F6669A
26 Describe in detail the process and ChargePoint operates an in-house Customer Call Center primally based at our
procedure of your customer service Scottsdale, AZ office. Our Customer Call Center supports both EV drivers as well as
program, if applicable. Include your our station owners and installation partners.
response-time capabilities and
commitments, as well as any incentives Our 40+ Driver Support agents provide 24/7/365 coverage for EV drivers in English,
that help your providers meet your stated Spanish, and French via a toll-free telephone number clearly posted on the charging
service goals or promises. equipment. Live representatives will answer the phone quickly and customers will not
be routed through a confusing calling tree. The customer service representatives will
provide a variety of services to address customer concerns at the charging station. If
t possible the Agent will resolve the issue remotely, whether station or driver related.
If unable to resolve, the issue will be escalated to Station Support and the driver
provided the address of a nearby station if one is not available on site. Driver
Support agents handle over 230,000 calls annually with an average speed of answer
of 30 seconds or less.
Our Customer Support Center also includes Technical Support for station owners and
installation partners. This toll-free line is available Monday through Saturday from 5
AM PT to 6 PM PT. Representative help resolve issues from symptom identification,
diagnosis, parts logistics, labor logistics, and resolution validation. Our 38 support
agents resolve over 100,000 cases annually with an estimated average speed of
answer of 30 seconds.
All ChargePoint charging equipment include remote diagnostics and "remote start"
capabilities. When customer service receives notice that minor operational
maintenance is needed, the representative will remotely diagnose the EVSE to verify
the extent of the service need. If issues cannot be remotely addressed, ChargePoint
will dispatch service personnel to the site for repairs for which parts costs will be
covered for items covered by an active warranty.
Customer utilizing our Assure offering can rest easy knowing that ChargePoint will
proactively monitor the station for any issues. If an issue is detected, ChargePoint
will acknowledge the issue within one business day and, if an onsite visit is required,
will dispatch labor to the site within one business day of receipt of parts onsite. Our
clients also get 98% annual station uptime guarantee with a non-performance penalty
for outages caused by station hardware or software failures.
Repairs in the field our handled by ChargePoint's national operations and
maintenance (O&M) partners that have all committed to audit requirements and
penalties against service level, liability indemnification, customer warranty, pricing
accuracy under fixed unit pricing terms, and maintenance of required credentials to
perform the work contracted.
27 Describe your ability and willingness to ChargePoint is already a qualified EV charging vendor with Sourcewell and your
provide your products and services to members within the United States and we look forward to continuing to support your
Sourcewell participating entities in the members moving forward. ChargePoint has an established install base, dedicated "
United States sales force, partners, and provide all listed charging hardware, software, and services
throughout the United Sates.
28 Describe your ability and willingness to ChargePoint is already a qualified EV charging vendor with Sourcewell and your
provide your products and services to members within Canada and we look forward to continuing to support your members
Sourcewell participating entities in Canada. moving forward. ChargePoint has an established install base, dedicated sales force, *
partners, and provide all listed charging hardware, software, and services throughout
Canada.
29 Identify any geographic areas of the United ChargePoint, either directly or by leveraging our extensive list of partners, has the
States or Canada that you will NOT be ability to fully service all geographic areas of the US and Canada.
fully serving through the proposed contract.
30 Identify any Sourcewell participating entity None.
sectors (i.e., government, education, not-for-
profit) that you will NOT be fully serving
through the proposed contract. Explain in *
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
31 Define any specific contract requirements We do not have any contract issues related to Hawaii and Alaska. We have a large
or restrictions that would apply to our number of stations in operation in Hawaii.
participating entities in Hawaii and Alaska
and In US Territories.
Table 7: Marketing Plan
Line iQuestion .Response
Rem
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSlgn Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
32 Describe your marketing strategy for ChargePoint will use the following strategy to promote this contract:
promoting this contract opportunity. + Outside Sales: Our sales team and account executives will proactively reach out to
Upload representative samples of your all Sourcewell members within their assigned territories to promote the contract. We are
marketing materials (if applicable) in currently speaking to many of them already and will ensure they are aware of the contract
the document upload section of your and the value it will bring them.
response. + Inside Sales: Our inbound team will be able to promote the contract to all inbound
inquiries that come in. As mentioned in Question 18, we receive a significant number of
inbound leads from potential/existing Sourcewell members, and our inbound team will
promote this contract to everyone and educate them on the details of how they can take
advantage of it. Our outbound team will focus on proactive outreach to Sourcewell
members and all government agencies. They will also call on leads that get generated
through our marketing efforts. We have the tools necessary to track leads through
campaigns and call on lead lists.
+ Marketing: Upon award we would do a formal announcement across various channels
to get the word out. We will perform regular marketing campaigns to educate the market
on this contract. In addition to any help Sourcewell can provide with contact information,
we have the tools necessary to quickly pull customer contact information for email
campaigns.
+ Webinars: ChargePoint will offer to create webinars that highlight the benefits of the
Sourcewell contract with real life testimonials. These webinars can be vendor neutral and
positioned as an educational presentation.
+ Trade shows: ChargePoint participates in various tradeshows/events around the
country and will have marketing material available highlighting our partnership with
Sourcewell and details of the contract.
+ Incentives: We will match all state, local and utility incentives to Sourcewell members
and proactively educate prospects about the value of both the incentive program and the
Sourcewell partnership.
+ Distribution Network: Our large distribution/partner network also have sales and
marketing teams primarily supporting electrical contractors. Contractors are often a first
touch point for customer exploring a charging solution. ChargePoint will work closely with
its partners to help them develop effective marketing strategies. We will also train their
sales team to effectively leverage this contract. We will have regular follow up calls and
trainings to make sure this contract stays top of mind.
Examples of our outreach:
1. ChargePoint at the ACT Expo: North America's largest clean fleet show;
2. Incentive Announcement for $25k EVSE incentive in San Francisco and;
3. $3 million in funding available for municipalities in New York.
33 Describe your use of technology and Our marketing approach leverages technology to quickly pull contact information from
digital data (e.g., social media, prospective customers and generate marketing campaigns. ChargePoint is often involved
metadata usage) to enhance in new programs, contract, grant etc. and can get messaging out to market extremely
marketing effectiveness. quickly.
We use various marketing tools for generating leads and managing them through the
sales funnel.
+ Organic social posts (Facebook, Linkedln, Twitter, Instagram)
+ Digital advertising (banner ads, social ads, paid search, retargeting)
+ Premium content (gated on chargepoint.com)
+ Syndicated content
+ Organic search
+ Charging Forward blog
+ Chargepoint.com business, vertical and roles pages
+ Credits and Incentives web page with link to lead form on chargepoint.com
+ Forms (content downloads)
+ Request a station (CP.com)
+ Events (webinars, industry events, partner events)
+ Email campaigns (purchased lists, contacts from inbounds)
+ Marketing automation
I+ Downloads of content/other assets
+ Inbound calls
+ Sales Development Reps (SDR) outbound calls
+ Customer referrals
+ Driver referrals
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
34 In your view, what is Sourcewell's role ChargePoint has a collaborative and effective partnership in place with Sourcewell with its
in promoting contracts arising out of current contract.
this RFP? How will you integrate a
Sourcewell-awarded contract into your ChargePoint would view Sourcewell as a marketing partner to help promote this contract.
sales process? We would look for support on an initial announcement to current members notifying them
of this renewed opportunity. We have methods of gathering contact information, however,
hope that you will be able to share membership contact information for ongoing outreach
and marketing campaigns. The value of providing us with this information will allow us to
move quicker and more efficiently.
•
We would also look for opportunities to collaborate on co-branded marketing initiatives
that adhere to ChargePoint's brand guidelines. With Sourcewell's well established
relationship with its members and ChargePoint expertise in EV charging, working closely
together on marketing initiatives will ensure members feel they are in good hands with
their EV charging needs.
The Sourcewell contract will be part of every discussion we have with existing and
potential Sourcewell members. We are speaking with government agencies every day and
leveraging this contract will benefit all stakeholders (Sourcewell, Sourcewell members and
ChargePoint).
35 Are your products or services Similar to other types of customers, for most Sourcewell members, choosing and
available through an e-procurement implementing a successful charging solution is an unfamiliar experience. This is why
ordering process? If so, describe your ChargePoint has developed the most extensive, expert sales team in the industry and
e-procurement system and how make these resources available to customers exploring our space. With our help, we're
governmental and educational confident customers will be put in a position to implement successful projects. Primarily for
customers have used it. this reason, ChargePoint does not have its own e-procurement system, our GSA
Schedules are online via www.gsaadvantage.gov.
Table 8:Value-Added Attributes
Line Question Response'
Item
36 .Describe any product, equipment, As standard practice, for free, Sourcewell members have access to:
maintenance, or operator training + ChargePoint will provide operational training on the station at start-up.
programs that you offer to + ChargePoint is also available for Cloud Portal/Network Training after install and station
:Sourcewell participating entities. activation.
'Include details, such as whether + Training videos and detailed manuals are available also.
straining is standard or optional, + On an on-going basis the ChargePoint team is available via email or phone to
'who provides training, and any answer questions or provide additional training.
costs that apply. + If required and depending on scope of project, Sourcewell members or their
contractors have access to the ChargePoint University portal which is a detailed training
and testing that is designed for reseller partner and installer certification.
37 Describe any technological Since ChargePoint's inception in 2007 in Silicon Valley California, we have led the way
advances that your proposed forward with technological innovations to help make it easy for drivers to go electric and
products or services offer. station owners to offer EV charging. Today ChargePoint uses all of the latest advances:
Cloud based Network, M2M loT Cellular station connectivity, Secure (PCI compliant)
Payment processing, Power Management for installation and energy savings, Next-
Generation Modular DC Fast Charging, and the largest dedicated engineering team in the
industry. Below are just a sample of the latest technological innovations:
Professional Services
Sometimes it's not just as easy to sell a charging station. Station owners, especially for
more complex deployment such as fleet charging, often need additional support to evaluate,
design, install, and be trained on the stations. ChargePoint offers a complete array of
professional services to support these needs including site modeling, preliminary site design
and engineering, site acquisition, project management, station installation and
commissioning, as well as training for operators such as at fleet depots.
Charge Management Software
Smart EV charging is critical to provide value to drivers and site hosts. ChargePoint offers
all elements of the charging ecosystem but considers itself a `network first" company in that
the software is the most important element of any solution. The associated software
provides the tools and interfaces for drivers to find and use stations, and for station
operators to efficiently optimize the business of EV charging.
Listed below are just a few of the advanced features on the ChargePoint Network software:
+ Station Locations & Availability: complete visibility of stations and their availability
make it easy for drivers to find a compatible charger.
+ Access Control: Manage and control access to charging stations based on well-
defined policies. Enhance the value for the station owner with the right level of control.
+ Flexible Pricing: Provide the station owner with pricing controls that are in line with
'station usage. Provide flexibility to update pricing as usage changes.
+ Authorization, Authentication & Accounting: Ensure safe and secure payment for
charging. Security measures include the pseudonymization and encryption of personal data
and other capable security measures that ensure the ongoing confidentiality, integrity,
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60D67-064E-41C6-9705-04DD85F6669A
availability, and resilience of the network.
+ Power Management: Ensure that charging stations never draw more power than the
site can provide.
+ Driver Notifications: Notify EV drivers about station availability, state of charge and
other key messages to enhance your relationship with drivers.
+ Queueing (Waitlist): Increase utilization of stations and charge more vehicles by
enabling drivers to get in a virtual queue for stations.
Power Management
For operating costs, software can allow station operators to target "off-peak" periods of
lower energy costs or avoid triggering a high demand charge. In addition, use of these
features can maximize the number of charging ports within a given site while still keeping
overall power requirement at the site meter below a determined level. This helps reduce the
necessary electrical infrastructure and utility service required to support a given site and
thus save capital expenditures.
Below is a summary of the available load management tools available within ChargePoint
charge management software:
+ Power Share: Intelligently share available power across multiple stations by setting
a "not to exceed" limit, which may vary by time of day and day of week. Power may be
allocated based on a configurable policy using equal share or priority-based first come first
served. This approach allows for NEC compliant oversubscription of available electrical
service, mitigation of expensive demand charges, and the option to defer utility upgrades
which can be costly and delay projects.
+ Load Shift: Use energy when it is cheapest. usually at night when Time of Use (ToU)
charges are lower. In environments where the vehicles have sufficient dwell time during off-
peak times, shifting load to the least expensive time of day can provide significant savings.
Operators simply plug the vehicles in as normal when they return to the depot, and
ChargePoint will automatically start charging the vehicles to align with the lowest cost of
electricity, no operator intervention required.
+ Power Limit: Manage load via building/energy management systems, either through
integration via API or installation of a ChargePoint smart meter upstream of the charging
stations. This approach optimizes power use by dynamically adjusting power to the charging
stations based on real-time monitoring of facility loads.
+ Demand Response: ChargePoint can facilitate participating in utility driven demand
response programs through use of a standards based OpenADR interface or API, allowing
the utility to control charging station load during peak events where supply may not meet
demand.
Fleet Charging Solutions
Fleet vehicle can require a range of special charging considerations Including optimization
of depot charging, access to charging while on-route, and home charging for take-home
fleets. ChargePoint provides for all of these charging needs through specialized fleet
charging solutions. ChargePoint Fleet Depot software integrate with other fleet back-office
systems and enables optimized charging of larger fleets while ensuring that fleet vehicles
are charged and ready to meet business and operational objectives at the least possible
energy cost and within electrical capacity constraints. ChargePoint also offers our Fleet
Mobility plan to support charging of vehicle at publicly available charging stations while on-
route and integrated with existing fleet fuel card systems. ChargePoint has partnered with
US Bank (Voyager Fleet Card) and WEX to offer customers the convenience of paying for
and tracking electric fuel with their existing fleet cards and is continually assessing
additional integrations. Finally, ChargePoint offers our Take Home Fleet solution which
integrates with our Home Flex charging station and allows fleet managers to access
charging data from company vehicle charging at employee's homes to support
reimbursement, as necessary.
Fleet System Interfaces
Fleet System Interface: To ensure a seamless integration with fleet systems relied upon by
fleet operators today, ChargePoint has completed or initiated integration discussions with the
most common platform including: Geotab, Viriciti, Clever Devices, AssetWorks, Trapeze,
Voyager, Wright Express (WEX), and more. A full set of soap/xml-based application
programming interfaces (APIs) are available to integrate into a variety of back-office
systems and ChargePoint will continue to grow the partnerships with fleet solution providers
to best serve fleet operators.
38 Describe any 'green" initiatives ChargePoint has a dedicated team of people that works with numerous organizations,
that relate to your company or to including state and federal government, to formulate policies to promote EV adoption and
your products or services, and !evolution of the grid and other infrastructure that will be necessary to realize widespread
include a list of the certifying electrified transportation.
agency for each
ChargePoint is a member or plays an active role in the following organizations:
CALSTART
CALSTART is a member-supported organization of more than 140 firms, fleets and
agencies worldwide dedicated to supporting a growing high-tech, clean transportation
Industry that cleans the air. creates jobs, cuts imported oil and reduces global warming
emissions. CALSTART provides services and consulting to spur advanced transportation
technologies, fuels, systems and the companies that make them. Use the staff directory to
find the expert you need.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
CLEANTECH GROUP
The mission of Cleantech Group (CTG) is to accelerate sustainable innovation. Our
subscriptions, events and programs are all designed to help corporates, investors, and all
players in the innovation ecosystem discover and connect with the key companies, trends,
and people in the market. Our coverage is global, spans the entire clean technology theme
and is relevant to the future of all industries. The company is headquartered in San
Francisco, with a growing international presence in London.
EDTA
The Electric Drive Transportation Association (EDTA) is the trade association promoting
'battery, hybrid, plug-in hybrid and fuel cell electric drive technologies and infrastructure.
EDTA conducts public policy advocacy, provides education and awareness, and enables
industry networking and collaboration. EDTA's membership includes vehicle and equipment
manufacturers, energy companies, technology developers, component suppliers, government
agencies and others.
eMI'
Under the umbrella of ERTICO — ITS Europe, the eMobility ICT Interoperability Innovation,
eMI', is an open group of significant actors from the global Electric Vehicles market who
joined forces to harmonize the ICT data definitions, formats, interfaces, and exchange
mechanisms in order to enable a common language among all ICT platforms for Electric
Vehicles. eMI' core objectives lie in the development, publication, sharing and promotion of
ICT standards. Since 1st December 2015, eMI' is an ERTICO Innovation Platform
established as a Non-Profit International Association under Belgium law.
Parksmart
Parksmart defines and recognizes sustainable practices in parking structure management,
programming, design and technology. Industry-driven and field tested, Parksmart distinguishes
the forward-thinking parking facilities shaping tomorrow's sustainable mobility network.
Plug-In Electric Vehicle Collaborative
The California Plug-In Electric Vehicle Collaborative is a public/private organization
comprised of 47 members that include key PEV stakeholders all working together to move
the PEV market forwards in California.
Silicon Valley Leadership Group
The Silicon Valley Leadership Group is a public policy business trade organization. The
Leadership Group was founded in 1978 by David Packard of Hewlett-Packard and
represents more than 400 of Silicon Valley's most respected employers on issues,
programs and campaigns that affect the economic health and quality of life in Silicon Valley,
including energy, transportation, education, housing, health care, tax policies, economic
vitality and the environment.
Green Sports Alliance
Leveraging the cultural & market influence of sports to promote healthy, sustainable
communities where we live & play. Members collectively provide nearly one of every three
private sector jobs in Silicon Valley and contribute more than $3 trillion to the worldwide
economy.
California Energy Commission
As the state's primary energy policy and planning agency, the California Energy Commission
is committed to reducing energy costs and environmental impacts of energy use - such as
greenhouse gas emissions - while ensuring a safe, resilient, and reliable supply of energy.
Los Angeles Business Commission
Uniting the power of business with the power of government for education and advocacy to
promote environmental and economic sustainability.
Cleantech San Diego
Cleantech San Diego is a nonprofit member organization that positions the greater San
Diego region, including Imperial County, as a global leader in the cleantech economy. We
foster collaborations across the private-public-academic landscape, lead advocacy efforts to
promote cleantech priorities, and encourage investment in the San Diego region.
Our members include more than 100 local businesses, universities, governments, and
nonprofits committed to advancing sustainable solutions for the benefit of the economy and
the environment.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
39 Ildentify any third-party issued eco- ChargePoint AC L2 stations are Energy Star certified. ChargePoint DC products are
labels, ratings or certifications that intended to be Energy Star certified when the program is fully defined and available for
your company has received for certification.
the equipment or products
Included in your Proposal related ChargePoint owns an Advanced Test Center that exposes all of our products to extreme
to energy efficiency or environmental accelerated life cycle testing. Tests include solar loading, extreme heat,
conservation, life-cycle design extreme cold, humidity, seismic, focused pressurized water, impact, and dozens of other
(cradle-to-cradle), or other tests designed to improve product reliability and longevity. Higher reliability, less on-site
green/sustainability factors. visits, fewer replacement parts, and longer life span all contribute to lessening environmental
impact.
40 Describe any Women or Minority ChargePoint has several authorized resellers with various Women or Minority Business Entity
Business Entity (WMBE), Small (WMBE) or Small Business Entity (SBE), and Service-Disabled Veteran owned
Business Entity (SBE), or veteran eccreditations. ChargePoint will provide a detailed list upon request.
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
41 !What unique attributes does your ChargePoint is a complete systems provider, offering the highest level of integration of
company, your products, or your hardware, software, and services, and delivering the best value in the industry. Our charging
services offer to Sourcewell stations, mobile applications, and network management platform are designed to work
participating entities? What makes seamlessly together to provide the best station owner and driver experiences in the market.
;your proposed solutions unique in ChargePoint's extensive technical expertise and fully integrated portfolio also allows
,your industry as it applies to ChargePoint to work rapidly with key partners to develop new, innovative solutions in
Sourcewell participating entities? support of a rapidly evolving market.
Simply put, ChargePoint is unlike any other charging solution provider in that it provides the
scale, experience, service, and quality necessary to make any EV charging initiative a
success.
Experience
An Integrated experience provides an effortless charging experience for station owners and
drivers. It ensures consistent performance, efficiency, and reliability at every touchpoint
whether one is using a mobile app, plugging into a charging station, managing the station
or analyzing charging data.
ChargePoint has more than 110,000 activated places to charge on its network, with access
to an additional 160,000 public places to charge through roaming integrations with other
major networks. ChargePoint is the only company that delivers solutions that provide an
integrated EV charging experience for businesses and drivers across every touch point and
for every use case. We design. develop, and manufacture complete, integrated hardware
and software solutions for every charging scenario: from home and multifamily to workplace
and fleet. From a top-rated mobile app and award-winning services and support to the
most reliable network and stations, ChargePoint has you covered.
Scale
As EV adoption grows and charging becomes a necessity for your business, you want to
rest assured that the charging solution you invest in today will set you up for success in the
future by enabling you to support more drivers, add the latest software features and expand
your EV fleet with minimal disruption to your business. The EV charging solution you invest
in today must set you up for success tomorrow.
ChargePoint offers seamless scalable solutions that grow with your business. We will help
you get started easily, up to speed quickly and, when the time comes, ramp up effortlessly—
all with minimal disruption to your business. Our extensive expertise with incentives, rebates
and grants will even save you money every step of the way. No wonder 60% of Fortune 50
companies are ChargePoint customers.
Quality
You need an EV charging solution that just works no matter how it is used, where it is
used or when it is used. A solution that is so reliable that you can just set it and forget it.
Your EV charging solution has to work, every time.
That is why ChargePoint is the only company that has made a major investment in quality
testing on all our stations and software. ChargePoint is the only EV charging solutions
company with an advanced in-house testing lab. We rigorously test all our stations and
software to ensure your investment can stand up to any element, scenario, or mishap. All
our products are UL-listed, ENERGY STAR® and CE (EU) certified, and our modular
design minimizes downtime. With so much riding on the New Fueling Network, your EV
charging solution just has to work, every time. With ChargePoint, it will.
Service
Best-in-class support is essential for providing a high caliber experience for all participants
in the fueling network, whether one is driving a personal vehicle, delivering goods, driving
work vehicles, or riding shared transport.
ChargePoint knows comprehensive services are critical for an exceptional EV charging
experience. ChargePoint has been in the business of electric fueling longer than anyone
else. Since 2007, we have been working with our customers to design comprehensive
services built around their needs. Today, from sophisticated networked solutions to top-rated
service products, we have the resources to provide our own 24/7 support in multiple
languages and the infrastructure to support drivers no matter where they charge on our
network. Station operators do not have to take waste previous time to figure out whether
the hardware or software vendor is responsible for an Issue —just call ChargePoint and we
will handle the rest.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
Table 9A: Warranty
Describe in detail your manufacturer warranty program,including conditions and requirements to qualify, claims procedure,
and overall structure.You may upload representative samples of your warranty materials(if applicable) In the document
upload section of your response in addition to responding to the questions below.
It
Question Response•
42 Do your warranties cover all products, parts, and ChargePoint provides a standard one-year warranty for all commercial level
labor? 2 charging stations and a three-year warranty for our residential charging
station. Standard warranty covers parts only.
Beyond standard technical support, ChargePoint offers ChargePoint Assure,
a comprehensive maintenance and management program that includes
dispatched labor at committed service levels to perform on site repairs,
proactive dispatch, monthly reports, 24x7 station health monitoring, and a
long list of additional features described in more detail below. Assure is
available from one to five-year term increments.
+ Unlimited software configuration changes
+ 98% annual uptime guarantee with non-performance penalty
+ Standard one (1) business day response time to station failures or one
(1) business day from Parts arrival when required
+ Automated monthly summary reports and detailed quarterly reports of
your station's performance metrics. We send the reports automatically, so
you don't have to generate them.
+ Proactive station monitoring and dispatch
+ Labor coverage for station equipment issues typically not covered by
warranty such as vandalism, abuse and accidents caused by reckless drivers
or snowplows.
+ Additional options are available upon request, such as strategic
spares, consigned inventory, and customer training for on- site repairs and
maintenance.
43 Do your warranties impose usage restrictions or Yes. Please see ChargePoint F Assure Terms of Service.
other limitations that adversely affect coverage?
44 Do your warranties cover the expense of Yes, for Assure.
technicians' travel time and mileage to perform *
warranty repairs?
45 Are there any geographic regions of the United No. ChargePoint Assure Is avalable throughout the US and Canada.
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
46 Will you cover warranty service for items made by For this proposal, ChargePoint is the original equipment manufacturer of the
other manufacturers that are part of your proposal, charging equipment, so all warranty service is covered by ChargePoint.
or are these warranties issues typically passed on
Ito the original equipment manufacturer?
47 What are your proposed exchange and return ChargePoint and its channel partners strive to avoid any situation where
programs and policies? improper products are purchased and returns, or exchanges are requested.
On a case-by-case basis ChargePoint may allow returns or exchanges with
payment of a 20% restocking fee and payment of any required freight
charges to correct the problem. ChargePoint channel partners may also offer
returns and exchanges at their discretion. Please refer to ChargePoint
Attachment G_Parts Exchange Warranty for details.
48 1Describe any service contract options for the ChargePoint Assure, as outlined in the response to item 42, is the primary
items included it your proposal. service offering we are including in our proposal. ChargePoint is also
developing an enhanced Assure offering caled Assure Pro, in conceit with
:our Managed Spares Service, to provide faster repair times.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID 70B60DB7-D64E-41C6-9705-04DD85F6689A
Table 9B: Performance Standards or Guarantees
Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure,and
overall structure.You may upload representative samples of your performance materials(if applicable) in the document upload section
of your response in addition to responding to the questions below.
Line Question Response'
item
49 Describe any performance standards or ChargePoint Assure, as outlined in section 9A in this proposal, is an optional
guarantees that apply to your services extended and enhanced warranty offer that provides for proactive monitoring,
(network uptime, power management, coordinated repairs, and full parts and labor costs coverage.
charging capabilities, etc.) The SLA associated with Assure provides for a 98% or better uptime guarantee
with financial penalties for non-performance. Please see the attachments titled Assure
Data Sheet and Assure Terms of Service for additional detail.
50 Describe any service standards or Please refer to Line Item 49.
guarantees that apply to your services •
(policies, metrics, KPls, etc.) _ --
Table 10:Payment Terms and Financing Options
Line Question Response'
item
51 What are your payment terms (e.g., net 10, net 30)? Net 30. ChargePoint channel partners may offer varying payment
terms at their discretion.
52 Describe any leasing or financing options available for use ChargePoint supports the following options for procurement of
by educational or governmental entities. charging stations and associated services. In addition to the
options available below, ChargePoint's channel partners may also
offer additional financing and leasing plans.
Outright Purchase
Upfront payment of all goods and services. ChargePoint and
associated partners then fulfill installation works, network services
and ongoing support in accordance with contractual agreements.
ChargePoint as a Service (CPaaS)
In this unique offer ChargePoint remains the owner of the stations.
The customer simply pays a fixed monthly fee for ability to use the
stations. ChargePoint maintains the stations with an uptime
guarantee. At the end of the term the station can be replaced with
the latest version or we will take them back if the Customer
chooses to purchase a different solution. Hence, this resolves the
problem obsolete hardware that needs to be removed or integrated
and fits very nicely with the leasing business.
Financing Options
ChargePoint partners with major financial providers to offer a full
finance offer for all ChargePoint services as well as site 'make-
ready'. A simple monthly payment covers all bundled costs over the
course of the agreed term with a final payment option for ownership
of stations to transfer to Sourcewell and its members.
53 Briefly descrbe your proposed order process. Include Depending on Sourcewel member needs, ChargePoint would either
enough detail to support your ability to report quarterly process orders directly with the Sourcewell member or through a
sales to Sourcewell as described in the Contract template. local channel partner. The channel partner would process an order
For example, indicate whether your dealer network is with the Sourcewell member and an upstream order with
included in your response and whether each dealer (or ChargePoint for the associated products and services.
some other entity) will process the Sourcewell participating
entities' purchase orders. In either case the Sourcewell member would pay at or below the
contract price and ChargePoint would track order details for
quarterly payment of the administration fee on any products
purchased from ChargePoint.
54 Do you accept the P-card procurement and payment Yes. ChargePoint and various channel partners can accept credit
process? If so, is there any additional cost to Sourcewel cards for payment.
participating entities for using this process?
Table 11:Pricing and Delivery
Provide detailed pricing information in the questions that follow below.Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as desribed in the RFP,the template Contract, and the Sourcewell Price and Product
Change Request Form.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
Line Question !Response
i Item j
55 Describe your pricing model (e.g., line-item discounts or IChargePoint has provided a detailed line-item price book showing
product-category discounts). Provide detailed pricing data list price and proposed contract price. Freights costs are most cost
(including standard or list pricing and the Sourcewell effectively determined at the time of purchase, based on quantity,
discounted price) on all of the items that you want mode, distribution point and shipping destination so they have not
Sourcewell to consider as part of your RFP response. If been provided on a line-item basis. ,
applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the (This book is broken into distinct product categories to simplify
document upload section of your response. review. Those categories are Charging Stations, Network Services,
Assure Maintenance Plans, and Accessories. Notes are also
provided to guide reviewers to creating estimated project pricing.
56 Quantify the pricing discount represented by the pricing Discounts range from 0-20% off MSRP.
proposal in this response. For example, if the pricing in •
your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
57 Describe any quantity or volume discounts or rebate The pricing provided takes into account an assumption of volume
programs that you offer. 'created by purchasing across the Sourcewell membership. However,
on a case-by-case basis ChargePoint may consider providing
(improved pricing to individual members who intend to purchase
large volumes in single orders.
58 Propose a method of facilitating "sourced' products or ChargePoint would consider any installation services including
related services, which may be referred to as 'open materials and labor beyond the scope of our Install- Valid service
market' items or "nonstandard options". For example, you listed in our pricing proposal to be "Open Market" options. In many
may supply such items "at cost" or "at cost plus a cases government entities prefer to use previously contracted
percentage," or you may supply a quote for each such vendors or employed tradespeople to perform the site preparation
request. for charging station installation.
Install-Valid service then allows these entities to purchase just the
somewhat specialized charging station assembly, mounting and
testing directly from ChargePoint. However, in instances where an
Sourcewell member would prefer to procure complete installation
services from one vendor ChargePoint would coordinate scoping by
an appropriate channel or O&M partner who would then provide a
quote for these services to the Sourcewell member.
ChargePoint would facilitate this sourcing but would not be directly
involved with any financial transactions between the member and
ChargePoint partner for those services. Furthermore, ChargePoint
would not intend to track quarterly or pay Administrative fee on
these services.
— — -
59 r Identify any element of the total cost of acquisition that is As described in question 58 above, ANY installation services
NOT included in the pricing submitted with your response. Iincluding materials and labor beyond the scope of our Install-Valid
This includes all additional charges associated with a service is not included in our pricing proposal. In many cases
purchase that are not directly identified as freight or government entities prefer to use previously contracted vendors or
shipping charges. For example, list costs for items like pre- employed tradespeople to perform the site preparation for charging
delivery inspection, installation, set up, mandatory training, !station installation.
or initial inspection. Identify any parties that impose such
costs and their relationship to the Proposer. Install-Valid service then allows these entities to purchase just the
somewhat specialized charging station assembly, mounting and
testing directly from ChargePoint. However, in instances where an
ISourwell member would prefer to procure complete installation
!services from one vendor ChargePoint would coordinate scoping by
Ian appropriate channel or O&M partner who would then provide a
quote for these services to the Sourcewell member.
ChargePoint would facilitate this sourcing but would not be directly
involved with any financial transactions between the Sourcewell
member and ChargePoint partner for those services.
60 If freight, delivery, or shipping is an additional cost to the Freight costs are most cost effectively determined at the time of
Sourcewell participating entity, describe in detail the purchase, based on quantity, mode, distribution point and shipping
complete freight, shipping, and delivery program. destination so they have not been provided on a line-item basis.
!ChargePoint will provide pricing upon request. In addition, if
Sourcewell members are able to require their own shipping carrier
;upon purchase.
61 Specifically describe freight, shipping, and delivery terms or 'Freight terms for Alaska, Hawaii and Canada are treated no
programs available for Alaska, Hawaii, Canada, or any different the contiguous united states. As described above freights
;offshore delivery. costs are most cost effectively determined at the time of purchase,
based on quantity, mode, distribution point and shipping destination
so they have not been provided on a line-item basis.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
62 DescrIe any unique distribution and/or delivery methods or 'No unique distribution and/or delivery methods or options offered k
options offered in your proposal. your proposal.
Table 12:Pricing Offered
Line The Pricing Offered in this Proposal is: Comments
Item
63 c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing
departments.
Table 13:Audit and Administrative Fee
Line Question Response'
Item
64 Specifically describe any self-audit process or program that you ChargePoint is well experienced with offering contracted
plan to employ to verify compliance with your proposed Contract pricing to various public and private entities across the
with Sourcewell. This process includes ensuring that Sourcewell globe.
participating entities obtain the proper pricing, that the Vendor
reports all sales under the Contract each quarter, and that the In addition, we operate our business on a world class CRM
Vendor remits the proper administrative fee to Sourcewell. platform with the ability to easily meet these needs. Upon
award, we will leverage our CRM tools to tag any
Sourcewell opportunities appropriately, so they receive the
contract pricing and terms.
In the event these leads require a pass-through channel or
O&M partner, we will ensure the partner is conforming to any
contract requirements as well.
As sales are made and shipments are processed all
Sourcewell tagged orders will be archived in our CRM
system which can easily be queried quarterly for itemized
reporting of products and revenue. From this report the
Sourcewell administrative fee can be easily calculated and
paid.
65 If you are awarded a contract, provide a few examples of internal Upon award, ChargePoint will proactively promote the
metrics that will be tracked to measure whether you are having contract. As the industry leader, ChargePoint has experience
success with the contract. deploying large scale programs across North America and
have the resources necessary to quickly train staff and
partners on new initiatives. Here is an outline of our training
approach:
+ Contract Launch: Appropriate stakeholders from
ChargePoint will attend this meeting to learn more about
best practices and successful deployments.
+ ChargePoint Project Team Planning: After the contract
launch our ChargePoint project team will immediately develop
a training presentation and material for sales management,
direct sales team, our marketing team, and our partner
network. We will seek Sourcewelrs input on our planned
presentation prior to performing any training sessions.
+ Training deployment: We will coordinate training
sessions for sales management, direct sales teams, our
marketing team, and our partner network. We do these
Itrainings often and typically via webinar. The partner training
will be separate from our internal trainings.
+ Training follow up:
o ChargePoint employees: After the initial training we will
have follow up webinars with direct sales to make sure this
is top of mind. We will share success stories with the team
to keep "buzz" going.
o Partner. After initial training, we will have follow-up
webinars and email campaigns sent to all partners promoting
the contract. We will continue to train them on how to
leverage this contract within the markets they cover. We
currently host several partner trainings throughout the year
and will make sure this is a topic.
+ Website: We will have a link on the "Current Incentives"
page on our website to guide Sourcewell members,
ChargePoint employees, and partners to learn more about
the award.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70860DB7-064E-41C6-9705-04DD85F6669A
66 Identify a proposed administrative fee that you will pay to ChargePoint is well experienced with offering contracted
Sourcewell for facilitating, managing, and promoting the Sourcewell pricing to various public and private entities across the
Contract in the event that you are awarded a Contract. This fee globe. In addition, we operate our business on a world class
is typically calculated as a percentage of Vendor's sales under the CRM platform with the ability to easily meet these needs.
Contract or as a per-unit fee; it is not a line-item addition to the Upon award, we will leverage our CRM tools to tag any
Member's cost of goods. (See the RFP and template Contract for Sourcewell opportunities appropriately, so they receive the
additional details.) contract pricing and terms.
If these leads are required to pass through a channel or "
O&M partner, we will ensure the partner is conforming to any
contract requirements as well.
As sales are made and shipments are processed all
,Sourcewell tagged orders will be archived in our CRM
system which can easily be queried quarterly for itemized
reporting of products and revenue. From this report the
Sourcewell administrative fee can be easily calculated and
paid. J
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line Question Response"
Item
67 Provide a detailed description of the ChargePoint is the only global charging solution provider that offers a complete
'equipment, products, and services that you range of AC and DC charging solutions for all vehicle types and charging use
are offering in your proposal. cases.
Charging Equipment
Charging stations must be safe, reliable, easy to use and capable of measuring
detailed energy usage and enabling managed charging. In support of this RFP, we
propose the following EVSEs designed, engineered, and manufactured by
ChargePoint to work seamlessly with our software and service portfolio:
1. ChargePoint CPH50: The Home Flex (CPH50) is a residential charging
station to support the single-family home market. It provides up charging up to
12kW all linked with a powerful mobile app.
2. ChargePoint CPF50: The preferred AC Level 2 charging station for most fleet
applications that are located at a depot/behind the fence.
3. ChargePoint CT4000: A commercial AC Level 2 charging station with
additional features ideal for mixed-use applications including fleets, employee
workplace, and public access charging.
4. ChargePoint Express CPE250: DC Fast Charging up to 62.5kw (single) or
125kW (paired). Designed with high availability, serviceability, and universal
compatibility in mind.
5. ChargePoint Express Plus: Distributed DC Fast Charging from 200 to 350kW
across up to 8 charging dispensers. Designed on a modular basis to scale with
vehicles and power needs.
Please refer to the attached data sheets for additional information on the proposed
charging stations.
Charging Software
ChargePoint's EV charge management software is designed to provide operational
visibility and management of the complete charging ecosystem and to enable fleet
operators to reduce operating costs, increase operational efficiency, and deliver on
their mission critical needs. ChargePoint's cloud-based software includes a full suite
of features to manage stations including a dashboard, manage access control, set
pricing, collected driver fees, view real-time vehicle charging status and remote
diagnostics, and track and analysis all charging sessions at the site. Software plans
are available in 1-to-5-year terms and are tailored to the specific station and use
case.
Services
ChargePoint offers a range of services to support our proposed EV charging
solutions. This includes:
+ Assure/Assure Pro: Optional extended and enhanced warranty providing
proactive monitoring, coordinated repairs, full coverage of parts and labor, and an
uptime guarantee of 98%.
+ Professional Services: These ala carte services are available depending on
the specifics of a given site deployment and the needs of the customer. Services
include modeling, preliminary site design and engineering, project management,
installation and commissioning, and training. Prices are available on a per project
basis based on the scope of work.
68 Within this RFP category there may be ChargePoint is proposing to continue to sell charging hardware, software, and
subcategories of solutions. List subcategory services including maintenance and service for all types of charging use cases.
titles that best describe your products and
services.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-064E-41C6-9705-04DD85F6669A
Table 14B: Depth and Breadth of Offered Equipment Products and Services
Indicate below if the listed types or classes of equipment,products,and services are offered within your proposal.Provide additional
comments in the text box provided,as necessary
Line Category or Type Offered Description!Comments'
item
69 'Non-network electric vehicle r Yes ChargePoint does not offer non-networked charging solutions given the
charging hardware R No importance of a network to enable a more positive driver experience and to
enable station owners the ability to remotely monitor and adjust operating
parameters to optimize the charging experience.
•
70 Network electric vehicle a Yes ChargePoint offers the CPF50 and CT4000 level 2 stations for private and
charging hardware r No mixed-use charging respectively, the CPE250 and Express Plus platform for DC
fast charging, and the CPH50 Home Flex for residential level 2 charging.
71 ServIces related to electric A Yes ChargePoint offers final installation, commissioning, and ongoing maintenance
vehicle charging hardware r No services for all proposed charging hardware.
(refer to RFP Section II. B.
1. b.)
72 Site assessment, site r. Yes ChargePoint offers preliminary site design and engineering and final installation
preparation and materials, r No services. Additional site construction may also be provided by various
and installation services ChargePoint channel partners and installation partners.
related to electric vehicle
charging hardware
73 Network service provider or r Yes Via the ChargePoint Network
operator r No
74 Charge monitoring, reporting, A Yes Via the ChargePoint Network
or billing services r No
75 Grid or power management A Yes Via the ChargePoint Network •
solutions r No
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-064E-41C6-9705-04DD85F6669A
Table 15: Industry Specific Questions
Line Question Response'
Item
76 Describe the process for installation of your ChargePoint offers final installation and wiring of all ChargePoint charging stations.
products or services and explain the Our local and national network of partners across the U.S. and Canada are trained
method of quotation, as applicable. and certified on the installation of our products through our Training and Certification
Program. All of our partners have access to licensed electricians which can also
provide additional electrical infrastructure construction as necessary to support station
installation.
Sourcewell members have the option of using their own licensed electrician for
installation of ChargePoint stations. ChargePoint has installation manuals and videos
available to help facilitate a successful install. In this case, ChargePoint would need
to validate the installation prior to activating an Assure warranty for equipment
maintenance and support; this is a simple review and approval of the work performed.
77 If your proposal includes delivery of ChargePoint uses sub-contractors to provide service, support, installation and
services by prequalified contractors, validation of charging equipment. ChargePoint has a network of over 40 O&M
describe your method of prequalification. (operations and maintenance) partners and 2,000 certified installers supporting North
State how prequalified contractors will be America. Our local and national network of partners across the US and Canada are
identified or selected by Sourcewell trained and certified on the installation of our products through our Training and
Participating Entities in the event of Certification Program.
contract award.
To ensure project success, we can work with Sourcewell members and our O&M
partner to perform engineering, permitting, and construction services for any type of
EVSE. ChargePoint is committed to closely with members to ensure site design,
charging station layout, and driver experience meets their desires and expectations.
78 Identify the data collected during the initial ChargePoint may use the information we collect from or about you for the following
installation of your equipment, products, or business or commercial purposes, such as uses to:
services. Identify the data collected when + Process your application to create an account with ChargePoint;
your equipment, products, and services are + Provide our Service to you, including information, products, and services you
accessed by an end-user. request from us that enable you to access our charging stations network;
+ Process billing functions, including payment of fees;
+ Notify you of changes to our Website or Service;
,+ Manage and administer your account, including to distinguish between multiple
vehicles or users under a single account, and for information regarding charging
sessions (e.g., duration, energy consumption, station owner and station data);
+ Manage and respond to any inquiries, correspondence, concerns or complaints
you have sent to us;
+ Communicate with you regarding the Service;
+ Enable you to communicate with other users;
+ Promote and market ChargePoint products and services;
+ Analyze use of the Service;
+ Improve any services we provide, and research or develop other products or
services;
+ Keep our Service secure and operational;
[+ Provide value added service, promotions, and pricing:
I+ Full the purposes for which you provided it (such as to help you find a
[ChargePoint station);
+ Maintain internal records;
+ Create or maintain aggregated, anonymized, or de-identified information, which
we may use and disclose without restriction;
+ Investigate, prevent, or take action regarding unlawful or harmful activities,
[including potential threats to physical safety, potential fraud, and violations of our
[Terms and Conditions; and/or
+ Safeguard our and others' rights or property.
We may combine any of the information that we collect from you with other
[information, including information that we obtain from third parties, or with information
!derived from any other products or services we provide. For example, we may
'combine personal information you provide us, such as an email address, with
information automatically collected about your device.
79 Identify the storage location for al data ChargePoint leverages Amazon AWS as our hosting provider, with instances located
collected in the use of your equipment, in the United States, Canada, EU (Germany), and Australia. All data generated
products, or services. Describe applicable through the use of charging stations is stored within the appropriate region.
data security measures and identify any
services performed outside the US or ChargePoint is PCI certified by a 3rd party auditor and has SOC2 Type II
Canada, as applicable. certification. We are also in the final stages of completing our ISO 27001
certification, which is expected to be completed by end of May 2021.
ChargePoint's primary driver support call center is located in Scottsdale AZ. To
provide 24/7 driver support, some driver support calls may be routed to our
Amsterdam NL support center.
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
Table 16: Exceptions to Terms, Conditions, or Specifications Form
Line Item 80.NOTICE:To identify any exception,or to request any modification,to the Sourcewell template Contract terms,conditions,or specifications,a
Proposer must submit the exception or requested modification on the Exceptions to Terms,Conditions,or Specifications Form immediately below.The
contract section,the specific text addressed by the exception or requested modification,and the proposed modification must be identified in detail.
Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract.
Contract Section Term,Condition,or Specification Exception or Proposed Modification
Documents
Ensure your submission document(s)conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel,or compatible formats may also be provided.
2.Documents should NOT have a security password,as Sourcewell may not be able to open the file. It is your sole responsibility to
ensure that the uploaded document(s)are not either defective,corrupted or blank and that the documents can be opened and viewed
by Sourcewell.
3.Sourcewell may reject any response where any document(s)cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file. If the
zipped file contains more than one(1)document, ensure each document is named,in relation to the submission format item responding
to.For example, if responding to the Marketing Plan category save the document as"Marketing Plan."
• Financial Stren r r h and Stabili.y-ChargePoint_Financial Strength&Stability.pdf-Thursday April 22,2021 10:42:04
• Marketing Plan/Samples-ChargePoint_Marketing Plan&Samples.zip-Thursday April 22,2021 10:17:09
• WMBE/MBE/S_B.E Or Related •ifca'es-ChargePoint_Diversity Policy.pdf-Thursday April 22,2021 10:33:06
• Warranty Information-ChargePoint_Warranty Information.zip-Thursday April 22,2021 10:09:14
• Pricing-ChargePoint response to RFP 042221 -Electric Vehicle Supply Equipment and Related Services_Pricing.xisx-
Wednesday April 21, 2021 23:15:02
• Upload Additional Document-ChargePoint response to RFP 042221 -Electric Vehicle Supply Equipment and Related
Services_Additional Documents.zip-Thursday April 22,2021 10:36:46
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70B60DB7-D64E-41C6-9705-04DD85F6669A
Proposer's Affidavit
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true,correct,and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation;and the Proposal has in all respects been created fairly without any fraud or dishonesty.The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of
this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation.Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant(an individual or a company)has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief,and except as otherwise disclosed in the Proposal,there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest.An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is,or might be,impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract,the Proposer will provide to Sourcewell Participating Entities the equipment. products, and services in
accordance with the terms,conditions, and scope of a resulting contract.
7. The Proposer possesses,or will possess before delivering any equipment, products,or services,all applicable licenses or
certifications necessary to deliver such equipment,products,or services under any resulting contract.
8. The Proposer agrees to deliver equipment,products,and services through valid contracts,purchase orders,or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to,the Proposer must provide only new and first-quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations,rules,and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked"confidential"(or"nonpublic,"etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4,all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded.At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a"trade secret,"and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents,and subcontractors are not:
1. Included on the"Specially Designated Nationals and Blocked Persons"list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloAdSJUInlistpdt;
2. Included on the govemment-wide exclusions lists in the United States System for Award Management found at
httpsiLsam,gov/SAM/;or
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc.
DocuSign Envelope ID:70860DB7-D64E-41C6-9705-04DD85F6669A
3. Presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from programs operated
by the State of Minnesota;the United States federal government or the Canadian government as applicable;or any
Participating Entity.Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
i✓ By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect,validity,and enforceability as if
had hand signed the Proposal. This signature will not be denied such legal effect,validity,or enforceability solely because an electronic
signature or electronic record was used in its formation. - Sam Ta,Sr.RFP Manager,ChargePoint Holdings, Inc.
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
r Yes r. No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column"I have reviewed this addendum" below to acknowledge each of the addenda.
I have reviewed the
File Name below addendum and Pages
attachments(if
applicable)
Addendum_8_EV_S upply_Egpt_RF P_042221 A 2
Thu April 15 2021 05:17 PM
Addendum_7_EV_Supply_Egpt_RFP_042221 3
Tue April 13 2021 06:10 PM
Addendum_6_EV_Supply_Eqpt_RFP_042221 A 2
Mon Apnl 12 2021 06:28 PM
Addendum_5_EV Supply_Egpt_RFP_042221 F 1
Tue April 6 2021 08:27 AM
Addendum_4_EV_Supply_EgptRFP 042221 1
Thu Apnl 1 2021 05:07 PM
Addendum_3_EV_Supply_Eqpt_RFP_042221 1
Fri March 26 2021 09 24 AM
Addendum_2_EV_Supply_Egpt_RFP 042221 r� 2
Mon March 15 2021 06:38 PM
Addendum_1_EV_Supply_Egpt_RFP_042221 1
Thu March 11 2021 05:32 PM
Bid Number: RFP 042221 Vendor Name: ChargePoint, Inc
DocuSign Envelope ID:5C2172A7-7B37-4D4B-8BA9-82D84E9C7937
AMENDMENT#1
TO
CONTRACT#042221-CPI
THIS AMENDMENT is by and between Sourcewell and ChargePoint,Inc. (Vendor).
Sourcewell awarded a contract to Vendor to provide Electric Vehicle Supply Equipment and Related
Services to Sourcewell and its Participating Entities,effective July 15,2021,through July 20,2025
(Contract).
The parties wish to amend the following terms within the Contract.
1. This Amendment is effective upon the date of the last signature below.
2. Article 2. Equipment, Products,or Services Section,B.Warranty is deleted in its entirety and
replaced with the following:
Vendor warrants that all Equipment, Products, and Services furnished are free from liens and
encumbrances,and for a period of one year and consistent with Vendor's Parts Only Warranty
(the"Warranty")are free from defects in design,materials,and workmanship. In addition,
Vendor warrants the Equipment,Products,and Services are suitable for and will perform in
accordance with the ordinary use for which they are intended.Vendor's dealers and distributors
must agree to assist the Participating Entity in reaching a resolution in any dispute over
warranty terms with the manufacturer.Any manufacturer's warranty that is effective past the
expiration of the Vendor's warranty will be passed on to the Participating Entity.
3. Article 6 Participating Entity Use and Purchasing,A.Orders and Payment is deleted in its entirety
and replaced with the following:
To access the contracted Equipment, Products,or Services under this Contract, a Participating
Entity must clearly indicate to Vendor that it intends to access this Contract; however,order
flow and procedure will be developed jointly between Sourcewell and Vendor.Typically,a
Participating Entity will issue an order directly to Vendor.If a Participating Entity issues a
purchase order,it may use its own forms as agreed between the Participating Party and Vendor,
but the purchase order should clearly note the applicable Sourcewell contract number.All
Participating Entity orders under this Contract must be issued prior to expiration of this
Contract; however,Vendor performance, Participating Entity payment,and any applicable
warranty periods or other Vendor or Participating Entity obligations may extend beyond the
term of this Contract.
4. Article 8 Report on Contract Sales Activity and Administrative Fee Payment, B.Administrative
Fee is deleted in its entirety and replaced with the following:
In consideration for the support and services provided by Sourcewell,the Vendor will pay an
administrative fee to Sourcewell on all Equipment,Products,and Services provided to
Participating Entities.The Administrative Fee must be included in,and not added to,the pricing.
Sourcewell Contract#042221-CPI I Amendment#1
Page 1 of 2
DocuSign Envelope ID:5C2172A7-7B37-4D4B-8BA9-82D84E9C7937
Vendor may not charge Participating Entities more than the contracted price to offset the
Administrative Fee.The Vendor will submit payment to Sourcewell of 2%multiplied by the total
sales of all Equipment,Products,and Services purchased by Participating Entities under this
Contract during each calendar quarter.
Payments should note the Vendor's name and Sourcewell-assigned contract number in the
memo;and must be mailed to the address above"Attn:Accounts Receivable"or remitted
electronically to Sourcewell's banking institution per Sourcewell's Finance department
instructions. Payments must be received no later than 45 calendar days after the end of each
calendar quarter.
5. Article 11 Liability is deleted in its entirety and replaced with the following:
Vendor must indemnify,save,and hold Sourcewell and its Participating Entities,including their
agents and employees,harmless from any third party claims or causes of action,including
reasonable attorneys'fees,to the extent arising out of the negligent performance of this
Contract by the Vendor or its agents or employees or Vendor's willful misconduct;this
indemnification includes injury or death to person(s)or property alleged to have been caused by
some defect in the Equipment,Products,or Services under this Contract to the extent the
Equipment,Product,or Service has been used according to its specifications
6. Article 21. Provisions for Non-United States Federal Entity Procurements Under United States
Federal Awards or Other Awards,Section D. Rights to Inventions Made Under a Contract or
Agreement is deleted in its entirety.
Except as amended by this Amendment,the Contract remains in full force and effect.
Sourcewell ChargePoint,Inc.
DocuSigned by: , -DoeuSigned by:
it,11,*( Sc6044117 - By:
Jere m‘`r. w !i.?: . .. ...ement Officer Rex Jac 1.'075076 90CF'E^--
9/27/2021 17:22 AM CDT CFO
Date: Title:
Approved: Date: 9/27/2021 I 7:18 AM CDT
,—DoouSignedby:
Chad&—...7.E!?t8;8.1.7A°!_cS;-:.. Jirector/CEO
9/27/2021 I 7:54 AM CDT
Date:
Sourcewell Contract#042221-CPI I Amendment#1
Page 2 of 2