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1 05/10/2023 C23-0329-2 AMENDMENT NO. 2 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE, ARIZONA AND UKG KRONOS SYSTEMS, LLC (City of Glendale, Contract No. C23-0329) This Amendment No. 2 (“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 UKG Kronos Systems, LLC, a Massachusetts limited liability company, authorized to do business in Arizona (“Contractor”). RECITALS A. City and Kronos Incorporated (“Contractor”) previously entered into a Linking Agreement under the Cooperative Purchasing Agreement with Cobb County, Georgia, Contract #18220, Contract No. C23-0329, dated March 29, 2023 (“Agreement”); and B. On October 2, 2023, Kronos Incorporated converted from a Domestic Business corporation to a Domestic Other Entity and were renamed UKG Kronos Systems, LLC. UKG Kronos Systems, LLC has informed the City that it will perform all services required by this agreement; and C. On June 11, 2024, the City and UKG Kronos Systems, LLC entered into Amendment No. 1 to extend the contract for one year and added additional licenses and professional services to the scope of work and increased the not to exceed amount to $800,125.00; and 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 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 part of this Amendment. 2. Term. The term of the Agreement is unchanged and shall expire on March 17, 2025. 3. Scope of Work. The Scope of Work has been amended to add additional licenses and professional services, appended as Exhibit B. 4. Compensation. The total compensation for this Agreement shall be increased by twenty thousand dollars ($20,000) for a new not to exceed amount of eight hundred twenty thousand, one hundred twenty-five dollars ($820,125) for the duration of the Agreement. 2 05/10/2023 5. Insurance Certificate. Current certificate will expire on December 1, 2025, and a new certificate applying to the extended term must be provided prior to this date to Materials Management and the Contract Administrator. 6. 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. 7. 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. 8. Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies 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 (c) 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. 9. 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. 10. 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.] 3 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 UKG Kronos Systems, LLC a Massachusettes limited liability company By: Erica K. Bukowski Its: Sr. Order Processing Analyst