Amendment

City of Glendale — Regular Meeting (2022-11-08)

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C21-0791-3

AMENDMENT NO. 1
BETWEEN
THE CITY OF GLENDALE
AND
ELONTEC, LLC
(State of Arizona, Contract No. ADSPO18-211705, Contract No. C21-0791)

This Amendment No. 1 (“Amendment”) to the Furniture, Products, and Services
(“Agreement”) is made this day of , 2022, (“Effective Date”), by and
between the City of Glendale, an Arizona municipal corporation (“City”) and Elontec, LLC,
an Arizona limited liability company authorized to do business in Arizona (“Contractor”).

RECITALS

A, City and Elontec, LLC (“Contractor”) previously entered into a Linking Agreement,
Contract No. C21-0264, dated September 1, 2018 (“Agreement”); and

B. The original State of Arizona, Contract No. ADSPO18-211705 had an initial one-
year beginning August 31, 2021, with the option to extend an additional (2) years in
one-year increments; and

Ci On September 3, 2021, City and Contractor entered into Contract Extension No. 1
extending the term of the Agreement from September 01, 2021 through August 31,
2022; and

D. On July 14, 2022, City and Contractor entered into Contract Extension No. 2

extending the term of the Agreement from September 1, 2022 through August 31,
2023; and

E.. City and Contractor wish to modify and amend the Agreement subject to and strictly
in accordance with the terms of this Amendment.

AGREEMENT
In consideration of the mutual promises set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and

Contractor hereby agree as follows:

1. Recitals. The recitals set forth above are not merely recitals, but form an integral
patt of this Amendment.

2, Term. The term of the Agreement is unchanged.

2: Scope of Work. ‘The Scope of Work is unchanged.

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Compensation. Compensation amount of $2,000,000 is being increased by
$1,000,000 for a new not-to-exceed amount of $3,000,000 over the entire term of the
Agreement (initial term plus any renewals).

Insurance Certificate. Current certificate will expire on June 9, 2023. A new
certificate applying to the extended term must be provided prior to this date to
Materials Management and the Contract Administrator.

Non-discrimination. Contractor must not discriminate against any employee or
applicant for employment on the basis of race, color, religion, sex, national origin,
age, marital status, sexual orientation, gender identity or expression, genetic
characteristics, familial status, U.S. military veteran status or any disability.
Contractor will require any Sub-contractor to be bound to the same requirements as
stated within this section. Contractor, and on behalf of any subconttactots, warrants
compliance with this section.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are
applicable, the parties hereby certify that they are not currently engaged in, and agree
for the duration of the Agreement to not engage in, a boycott of goods or services
from Israel, as that term is defined in A.R.S § 35-393.

Attestation of PCI Compliance. When applicable, the Contractor will provide the
City annually with a Payment Card Industry Data Security Standard (PCI DSS)
attestation of compliance certificate signed by an officer of Contractor with oversight
responsibility.

Ratification of Agreement. City and Contractor hereby agree that except as
expressly provided herein, the provisions of the Agreement shall be, and remain in
full force and effect and that if any provision of this Amendment conflicts with the

Agreement, then the provisions of this Amendment shall prevail.

(Signatures on the following page.]

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CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

ATTEST:

Julie K. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

Elontec, LLC
an Arizona limited liability company

Mags Clagzton

Ginger Clayton

ie President/CEO

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