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BayCAP2 which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder,or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement. VIII.ABM Preventive Maintenance Program and Funding The California Energy Commission requires that applications for funding under PON-13-606"must include a maintenance plan for continued reliable operation and unforeseen breakdowns of the electric vehicle supply equipment." (Application Guidelines, p. 9)To fulfill this requirement, the California EV Alliance has negotiated a maintenance plan with ABM to cover Site Host charging stations for a two-year period following their installation. (Note that the formal term of the CEC project is anticipated to be from the date of execution of the CEC contract with the California EV Alliance through June 30, 2016.)To cover Year 1 of the project period,ABM will donate (as local match)the entire value of the maintenance plan based on its Manufacturers'Suggested Retail Price (MSRP),which is$200 per charge port for the year. In Year 2,ABM will discount the Plan by 50%, providing$100 per charge port as match, while CEC funds will provide the balance of$100 per port to ensure continuity of maintenance across all charging stations in the Project.The following chart outlines the funding commitments of ABM and the CEC: z ht Fiy me ye,1 ,4 , 1$2 41, % 64 1 I le . $0 110year } g' - IIS ��10��4 'i�: N ti'�I � H1 �) I, ABM Maintenance Scope of Work • Software Monitoring:ABM will monitor on a daily basis the ChargePoint network software to detect failure modes and promptly address the problem,either through software adjustments or dispatch of a technician to the site, if authorized by the site host. • Software Upgrades: ABM will work with ChargePoint to ensure rapid and seamless deployment of software upgrades. • Monitoring and re-programming of pricing: ABM will assist Site Hosts in monitoring (and re- programming as necessary)their pricing approach to EV parking and charging services. • Monitor and report key EVSE data: ABM will monitor and report key EVSE utilization data, including charge session frequency, length, energy utilization, and payment history. Bay Area Charge Ahead Project 2-Approval to Proceed I July 30,2014 I page 11