25-0224 MARICOPA AMENDMENT 1 VENDOR AND LEGAL SIGNED.PDF

AMENDMENT No. 1
To
Asset and Work Order Management SW Support and
Service Contract
Between
MCM Technology, LLC & Maricopa County, Arizona

WHEREAS, Maricopa County, Arizona (“County”) and MCM Technology,
LLC (“Contractor”) have entered into a contract for the purchase of an Asset and
Work Order Management SW Support and Service on and effective April 22, 2020,
per County Contract No. 200195-Cl.

WHEREAS, County and Contractor have agreed to further modify the
contract by changing certain terms and conditions;

NOW, THEREFORE, in consideration of the foregoing, and for other good
and valuable consideration, receipt of which is hereby acknowledged, the parties
hereto agree as follows:

1. The contract is hereby renewed for three (3) years and shall expire on
April 30, 2028 per Section 2.0 (OPTION TO RENEW) of the contract.

2. Section 1.0 (CONTRACT TERM) of the contract is replaced in its
entirety with the following:

This Contract was for an initial term of five (5) years, beginning
on the 22nd day of April, 2020 and ending the 30th day of April,
2025 and is now extended an additional three (3) years and will
end on the 30th day of April 2028.

3. Section 5.4.3 of the contract is replaced in its entirety with the
following:

Tax Indemnification: Contractor and all subcontractors shall pay
all Federal, state, and local taxes applicable to their operation
and any persons employed by the contractor. Contractor shall,
and require all subcontractors to, hold Maricopa County
harmless from any responsibility for taxes, damages, and
interest, if applicable, contributions required under Federal
and/or state and local laws and regulations, and any other costs
including: transaction privilege taxes, unemployment
compensation insurance, Social Security, and Workers’
Compensation. Contractor may be required to establish, to the
satisfaction of County, that any and all fees and taxes due to a
municipality or the State of Arizona for any license or
transaction privilege taxes, use taxes, or similar excise taxes

1

are currently paid (except for matters under legal protest).
4. The following is added to the contract as Section 11.10.4:

Certificates of Insurance shall identify Maricopa County as the
certificate holder as follows:

Maricopa County

clo Risk Management

301 W Jefferson St, Suite 910
Phoenix, AZ 85003

5. Section 11.11 of the contract is replaced in its entirety with the
following:

Cancellation and Expiration Notice:

Applicable to all insurance policies required within the
Insurance Requirements of this Contract, Contractor's
insurance shall not be permitted to expire, be suspended, be
canceled, or be materially changed for any reason without thirty
(30) calendar days prior written notice to Maricopa County.
Contractor must provide to Maricopa County, within two (2)
business days of receipt, if they receive notice of a policy that
has been or will be suspended, canceled, materially changed
for any reason, has expired, or will be expiring. Such notice
shall be sent directly to Maricopa County Office of Procurement
Services and shall be mailed or hand delivered to 301 West
Jefferson, Suite 700, Phoenix, AZ 85003, or emailed to’
Procurement Officer noted in solicitation.

6. Section 37.0 (NON-DISCRIMINATION) of the contract is replaced in
its entirety with the following:

Contractor agrees to comply with all provisions and
requirements of Arizona Executive Order 2009-09, including
flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes
Executive Order 99-4 and amends Executive Order 75-5 and is
hereby incorporated into this contract as if set forth in full herein.
During the performance of this contract, contractor shall not
discriminate against any employee, client, or any other
individual in any way because of that person’s age, race, creed,
color, religion, sex, disability, or national origin. (Arizona
Executive Order 2009-09 can be _ viewed at
https://apps.azsos.gov/public_services/register/2009/46/gover
no r.pdf

10.

The following is added to the contract as Section 52.0 (UNIQUE
ENTITY IDENTIFIER (UEI) AND SYSTEM FOR AWARD
MANAGEMENT REGISTRATION):

All contractors that receive funding must have a UE! number
through https://sam.gov/content/entity-registration. Contractor
must also remain current with the System for Award
Management www.sam.gov throughout the term of the
contract.

The following is added to the contract as Section 53.0 (RELIGIOUS
ACTIVITIES):

The contractor agrees that costs, planned or claimed, including
costs incurred, shall not include any expense for any religious
activity.

The following is added to the contract as Section 54.0 (POLITICAL
ACTIVITY PROHIBITED):

None of the funds, materials, property, or services contributed
by the County or the contractor under the agreement shall be
used in the performance of this agreement for any partisan
political activity, or to further the election or defeat of any
candidate for public office.

The following is added to the contract as Section 55.0 (EQUAL
EMPLOYMENT OPPORTUNITY):

55.1. The contractor shall not discriminate against any
employee or applicant for employment because of race,
age, disability, color, religion, sex, or national origin. The
contractor shall take affirmative action to ensure
applicants are employed and that employees are treated
during employment without regard to their race, age,
disability, color, religion, sex, or national origin. Such
action shall include but is not limited to the following:
employment, upgrading, demotion or _ transfer,
recruitment, or recruitment advertising, lay-off or
termination, rates of pay or other forms of compensation,
and selection for training, including apprenticeship.

55.2 Contractor shall comply with the following provisions:

55.2.1 Title VI and VII of the Civil Rights Act of 1964, as
amended (42 U.S.C. §§ 2000a, et seq.);

55.2.2 The Rehabilitation Act of 1973, as amended (29
U.S.C. §§ 701, et seq.);

55.2.3 The Age Discrimination in Employment Act of
1967, as amended (29 U.S.C. §§ 621, et seq.);

55.2.4 The Americans With Disabilities Act of 1990 (42
U.S.C. §§ 12101, et seq.); and Arizona Executive
Order 2009-09, as amended, et seq. which
mandates that all persons shall have equal
access to employment opportunities.

55.2.5 Contractor understands that the United States
has the right to seek judicial enforcement of this
assurance.

11. The following is added to the contract as Section 56.0
(CERTIFICATION REGARDING LOBBYING):

56.1

56.2

Contractor certifies, to the best of their knowledge and
belief, that:

No federal appropriated funds have been paid or will be
paid, by or on behalf of the contractor, to any person for
influencing or attempting to influence an officer or
employee of any agency. This applies to a Member of
Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with
the awarding of any federal contract, the making of any
federal grant. Including the making of any federal, loan
the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or
cooperative agreement.

If any funds other than federal appropriated funds, have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any
agency, member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete
and submit Standard Form-LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.

12.

13.

14.

15.

16.

56.3. Contractor shall include Lobbying Certification language
in the award documents for all subcontractors (including
sub-grants, and contract under grants, loans, and
cooperative agreements) and that all sub-recipients shall
certify and disclose accordingly.

56.3.1The Lobbying Certification is a material
representation of fact upon which reliance was
placed when this transaction is made or entered
into. Submission of this certification is
prerequisite for making or entering into this
transaction imposed by section 1352, Title 31,
U.S. Code. Any successful proposer(s) who fail to
file the required certification shall be subject to a
civil penalty of not less than $10,000.00 and not
more than $100,000.00 for each such failure.

The following is added to the contract as Section 57.0 (CLEAN AIR
ACT & CLEAN WATER ACT):

Contractor must comply with all applicable standards, orders,
or requirements issued under section 306 of the Clean Air Act
(42 U.S.C. 1857(h), section 508 of the Clean Water Act (33
U.S.C. 1368) Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15).

The following is added to the contract as Section 58.0 (ENERGY
POLICY AND CONSERVATION ACT):

Contractor must adhere to the 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 (Pub. L. 94-163, 89 Stat.871).

The following is added to the contract as Section 59.0 (CONTRACT
DISPUTES):

All Contract disputes will be handled in accordance with the
Maricopa County Procurement Code, MCI-906.

EXHIBIT A (PRICING) of the contract is replaced in its entirety with
the EXHIBIT A (PRICING) attached to this amendment.

EXHIBIT B (Statement of Work) of the contract is deleted in its
entirety.

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

5

IN WITNESS WHEREOF, this Amendment is executed on the date set forth below.

MCM TECHNOLOGY, LLC:

HA EAC

Authorized Signature

Thomas A. FARTELS PRESIDENT + CEO
Printed Name and Title

3510 VANN 2D.5T 105, Biemasondu a 3527~
Address

A- 24-2625
Date

MARICOPA COUNTY:

Chairman, Board of Supervisors Date

ATTESTED:

Clerk of the Board Date

APPROVED AS TO FORM:

Wikolaus G. Decker 03/03/2025
Deputy County Attorney Date

EXHIBIT A

PRICING

SERIAL: 200195-Cl
NIGP CODE: 2085501
RESPONDENT NAME: MCM Technology LLC
VENDOR NUMBER: VC0000001278
ADDRESS: 3510 Vann Road, Suite 105

Birmingham, AL 35235
P.O. ADDRESS:
TELEPHONE NUMBER: 205-937-0950
MAIN NUMBER: 1-877-626-6157
WEB SITE: www.memtechnology.com
REPRESENTATIVE: Murray Shaw
REPRESENTATIVE E-MAIL: murray.shaw@memtechnology.com

[ YES | NO] REBATE

FROM THIS CONTRACT:

WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE

[X]

8

WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:

IU]

LX |

WILL OFFER REBATE (CASH OR CREDIT) FOR UTILIZING
PROCUREMENT CARD:

L]

IX]

%

(Payment shall be made within 48 hours of utilizing the Purchasing
Card)

PAYMENT TERMS:

[IX] NET30DAYS | |

The following table represents the three-year ongoing support and maintenance through the date
period below for the asset management software solution on the Motiondeck platform. Note: the

pricing does not include applicable taxes.

ACTIVITY

MCM Technology Annual Support and Maintenance-
Maintenance/Subscr/Period-- (October 1, 2025- September 30,
2026) Number of Months in Period= 12

MCM Technology Annual Support and Maintenance-
Maintenance/Subscr/Period-- (October 1, 2026- September 30,
2027) Number of Months in Period= 12

MCM Technology Annual Support and Maintenance-
Maintenance/Subscr/Period-- (October 1, 2027- September 30,
2028) Number of Months in Period= 12

QTY RATE

AMOUNT

1 41,348.74 41,348.74

1 43,416.18 43,416.18

1 45,586.99 45,586.99

PRODUCT SCHEDULE

This Product Schedule summarizes the Product(s) being licensed by the Licensor. The Executable Code License granted

hereunder shall be effective as of the Effective Date.

Product Name, Description, and Version:

Commshop powered by Motiondeck

Operating System

Windows 10 or later for PCs; Windows 2019 or later for Server OS

Database Platform

Microsoft SQL 2019 or later

Delivery Method

Please initial the applicable delivery method:

Tangible Copy, Perpetual License
X__ Electronic Copy, Perpetual License
Hosted Access, Perpetual License
Tangible Copy, Subscription-Based License
Electronic Copy, Subscription-Based License

Product deliverable form:

Executable Code: Included

Licensed # Users and Details

Please fill in the agreed upon number of permitted users:

35 Core User Licenses
20__ Light User Licenses

Licensed # Authorized Servers

1 Production Server
1 Test Server/Environment

Hardware No hardware provided; hardware hosting specs included in SOW
Fees:

License Fees See Exhibit A

Professional Services and Other Fees NA

Special Terms and Conditions NA

Customization & Enhancement Software &
Services

e40 hours for custom report development (quarterly flat rate billing report,
quarterly T&M invoice, Work order billing history report)

eOKTA Single Sign On

eLight User Asset Page