Amendment to Linking Agreement with MGT of America Consulting LLC

AMENDMENT NO. 1
MGT Impact Solutions, LLC
(Contract No. C24-0309)

This Amendment No. 1 (“Amendment”) to the Linking Agreement (“Agreement”) is made this

day of 2024, (“Effective Date”), by and between the City of Glendale, an Arizona
municipal corporation (“City”) and MGT Impact Solutions, LLC, formerly known as MGT of
America Consulting, LLC, a Florida limited liability company, authorized to do business in Arizona
(“Contractor”).

RECITALS

A. City and Contractor previously entered into theAgreement, which is classified by the City as
Contract No. C24-0309, and dated April 9, 2024 (“Agreement”); and

B. The initial period for this Agreement began on September 5, 2023, and ran through September
4, 2024, and provided the option to extend an additional four (4) one (1) year periods, if
extended by mutual agreement of the original contracting parties; and

Cc. Effective August 19, 2024, MGT of America Consulting, LLC is now MGT Impact Solutions,
LLC.

D. 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 in this Amendment and other good and valuable

consideration, the receipt and sufficiency of which are acknowledged by the parties, the City and
‘Contractor agree as follows:

1. Recitals. The recitals set forth above are not merely recitals but form an integral part of this
Amendment.
2. Term. The term of the Agreement is extended for a one-year period from September 5, 2024

through September 4, 2025, unless otherwise terminated or canceled as provided by the
Agreement. All other provisions of the Agreement except as set forth in this Amendment
shall remain in their entirety.

3. Scope of Work. The scope of works remains unchanged.

4. Compensation. The compensation remains unchanged.

5. Insurance Certificate. Current certificate will expire on May 12, 2025. A new insurance

certificate must be provided prior to this date to the Materials Manager and the Contract
Administrator in order for this Agreement to remain in effect.

05/10/2023

10.

11.

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
subcontractors, warrants compliance with this section.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the
patties 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 ARS § 35-393.

Uyghur Forced Labor Prevention Act (UFLPA). Contractor cettifies that it does not
currently, and during the term of this Agreement, will not use:

(a) the forced labor of ethnic Uyghurs in the People’s Republic of China;

(b) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and

(9) any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China.

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.

Name. All references in the Agreement to MGT Consulting of America, LLC, are understood
to refer to MGT Impact Solutions, LLC, following Conttactor’s name change.

[Signatures on the following page.]

05/10/2023

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

MGT Impact Solutions, LLC
a Delaware limited liability company

/

By: Pattick |. Dye

Its Vice President

05/10/2023