Contract+Amendment+4+Signed+6-26-24.pdf

CONTRACT AMENDMENT

CONTRACT NAME AND NUMBER: Employee Engagement Surveys, State Contract 241

AMENDMENT NUMBER: 4

This amendment is made to Employee Engagement Surveys Contract, State Contract 241 (Contract) between the State of North Dakota, acting through its Office of Management and Budget (STATE), and Gallup, Inc. (CONTRACTOR).

WHEREAS, the parties desire to amend the Scope of Services for Year 4 of the Contract; and

WHEREAS, the State of North Dakota has implemented and requires a Third-Party Risk Management (TPRM) program to classify, evaluate, and monitor all third-party Vendors to provide reasonable assurance that inherent and overall risk associated with each third-party Vendor relationship is understood and aligned to the overall security objectives at NDIT. TPRM went into effect on July 1, 2023, and the parties agree to incorporate TPRM requirements into this Contract; and

WHEREAS, the parties agree to incorporate language into the Contract governing CONTRACTOR’s use of Artificial Intelligence and Machine Learning in performance of contractual obligations; and

WHEREAS, the Contract may be amended pursuant to Section 19 MERGER AND MODIFICATION, CONFLICT IN DOCUMENTS which stipulates the Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by both parties;

NOW THEREFORE, the parties agree to the following terms and conditions and expressly agree that if any of the following terms and conditions conflict with any of the terms and conditions of the Contract, then, notwithstanding any term in the Contract, the following terms and conditions govern and control the rights and obligations of the parties.

SCOPE OF SERVICES

The following are ADDED to the Scope of Services for Year 4:

• 1 – 1-year Gallup Access Strengths subscription

• 1 – Migration of Strengths Data

• CliftonStrengths Reports – quantities listed in compensation section

• CliftonStrengths Report Inventory - additional reports to be purchased on an as needed basis

• Gallup Engagement and CliftonStrengths Materials - to be purchased on an as needed basis at the Gallup market rate

COMPENSATION

The “Year 4” compensation section of Amendment Number 3 is DELETED and REPLACED with the following:

Year 4

• 4 – 1-hour virtual briefing sessions for Team ND - $10,000 Total - $2,500 to be invoiced after the completion of each session

• 1 – Impact Engagement Leader Workshop for all Team ND Managers - $4,500 to be invoiced after the completion of the workshop

• 1 – Building a Strengths Based Team & Leading with Your Strengths leadership results workshop for 30-35 team members - $14,000 to be invoiced after the completion of the session. Fee includes all travel related expenses for CONTRACTOR representative(s).

• 21 – 1-hour virtual engagement coaching sessions for leaders - $7,350 Total - $350 to be invoiced after each session

• 8 – Gallup Summit Registrations - $2,360 to be invoiced at the time of enrollment for the summit

• 3 – 90-minute Boss to Coach intensive leadership briefing sessions - $7,500 to be invoiced after completion of each session

• 7,500 - Gallup Access – Workplace Survey Subscription + Onboarding and Exit $95,000.00

• 1 - Single Sign On with SAML 2.0 integration $500.00

• 1 – 1-year Gallup Access Strengths subscription – $2,700– Subscriptions begin June 27, 2024 and end June 26, 2025

• 1 – Migration of Strengths Data - $2,500 to be invoiced upon initiation of data migration

• CliftonStrengths Reports – Total $18,990.80

Report Type Quantity Unit Cost Total Cost Top 5 Reports 700 $9.99/each $6,993.00 Full 34 Reports 20 $49.99/each $999.80

Manager Report/Role Reports 200 $39.99/each $7,998.00 CliftonStrenths Resource Guide for Managers 200 $75 for 5 reports $3,000.00

• CliftonStrengths Report Inventory – additional reports to be purchased on an as needed basis:

Report Type Quantity: 1-

Quantity:

250-499

Quantity:

500-999

Quantity:

1,000-9,999

Quantity:

10,000+

Top 5 Reports $19.99/each $15.99/each $9.99/each $9.99/each $9.99/each Full 34 Reports $49.99/each $45/each $40/each $35/each $29/each

Role Based Reports $39.99/each $35/each $30/each $25/each $19/each

• Gallup Engagement and CliftonStrengths Materials – to be purchased on an as needed basis at the Gallup market rate

Year 4 Sub-total before purchase of additional reports and materials: $165,400.80

The following new sections are ADDED to the Contract:

Third-Party Risk Management Program (TPRM)

CONTRACTOR shall undergo the third-party security questionnaire on an annual basis at no cost to STATE, unless CONTRACTOR has received FedRAMP, StateRAMP, or HiTrust certification.

CONTRACTOR shall provide a completed questionnaire within twenty-one (21) calendar days of receiving a written request. CONTRACTOR shall undergo the third-party security questionnaire when a breach has occurred.

USE OF ARTIFICIAL INTELLIGENCE (AI) AND MACHINE LEARNING (ML)

STATE and CONTRACTOR agree CONTRACTOR may wish to use Artificial Intelligence (AI) and Machine Learning (ML) (together AI/ML) to complete CONTRACTOR’s obligations under this Contract.

CONTRACTOR’s use of AI/ML is subject to prior, written approval by STATE. CONTRACTOR shall provide to STATE detailed information, in writing, on the use of AI/ML in CONTRACTOR’s obligations under this Contract. CONTRACTOR agrees to submit new information to STATE for approval any time CONTRACTOR substantially changes its use of AI/ML. STATE reserves the right to terminate the Contract for cause if CONTRACTOR uses AI/ML in a manner that STATE has not had the opportunity to approve or denied approval.

All other terms of the Contract remain in effect. This Contract Amendment is not effective until fully executed by all parties.

EXECUTION

CONTRACTOR STATE OF NORTH DAKOTA

Gallup, Inc. Acting through its Office of Management and Budget

BY: BY:

Printed Name: Printed Name: Abigail Dschaak

Title: Title: State Procurement Officer

Date: Date:

6/25/2024

EXECUTION