FEB 2 5 2025 ORIGINAL ev Go Board of Commissioners BY: Punshoy Agenda Item Transmittal Form Procurement/Contract Transmittal Form Revised 1/17/25 Type of contract: 1year0 Multi-year0 Single Event D Contract #: BOC Approval Date: Submission: Information m Vendor Information Contact Name: Margaret Moore-Jackson Vendor Name: Stormwind, LLC Department: Technology Services Address: 17550 N. Perimeter Dr. Ste 300 Project Title: Stormwind, LLC - TSD Training Scottsdale, AZ 85255 Address: Funding Account Number: 100-1535-523700-05 b Email: asonlewis@stormwindlive.com Contract amount: $11,900.00 Phone #: (w)480-426-7609 Budgeted (X) Not Budgeted C) (c) 602-518-2169 Contract Type: Goods 0 Services (X) Grant() Contact: Jason Lewis Contract Action: New ( ) Renewal (X) Change Order 0 Original Contract Number: 120996 * Closeck Term of contract: 2-Year Term ChiefFinancial Officer Senior Procurement! Manager Signature Ihave reviewed the: attached contract, and the amount is Ihave reviewed the attached contract, and it is in compliance approved for processing with Purchasing Policies of Rockdale County. 11 behulle Jyamy 314/2025 Signature: Date: Signature: Dàte: L melge zlas/s les A coviig Detailed Summary of Contract: This document details the renewal oft the Enterprise Upgrade Agreement with Stormwind LLCfor IT training services provided to the Technology Services Department. Department Head/Elected Official Signature: Date: 1 ar/3- mepabregeno 2495437 STOR M W ND Order Agreement Account Name: Rockdale County Quote Sent Date: 02/01/2025 Account ID: 0013400001YIWAAD Order Number: 00111846 Address: 1329 Portman Dr. SE Conyers GA 30094-6601 Quote Expiration Date: 02/28/2025 Contact Name: Gerald Maye Access Term: 24 Customer Email: gerald.maye@rockdalecountyga.gowv Order Type: Renewal Biling Email: #. SKU Product: Qty Order Type Retail Price Sale Pricel Total AAXMO-ENT 10.00 Renewal $1390.00 $1190.00 $11900.00 1 Enterprise Sub Total: $ 13900.00 Discount: $ 2000.00 Total Purchase Price: $11900.00 Notes and Special Instructions: Free upgrade to Enterprise with early renewal. Campuses fo be upgraded to Enterprise upon signing. New contract end date would be 10/31/27. Purchase Options Credit Card Purchase Order # Invoice Me - C Credit Card Information Cardhiolder Name Credit Card Number Exp Date MM/YY Security Code Billing Zip "Credit Cardi informatlon will be redacted upont final signature The information provided in this quote form is confidential and intended solely for the recipient. Any unauthorized use, disclosure, or distribution is prohibited. Prices and terms are subject to change without notice. This quote does not constitute a binding agreement until accepted by both parties in writing. All rights reserved. StormWind, LLC 17550 N. Perimeter Dr. STE 300 Scottsdale, AZ 85255 STORM W ND Terms and Conditions Order Agreement Agreement hereby confirms & Acceptance: The person signing this StormWind Epic Live that he/she has been duly authorized Order Agreement on behalf of Customer terms set forth herein, He/she also by Customer to execute it and legally commit Customer tot the conditions set forth via the link below acknowledges which having read and, on behalf of Customer, agreed to the terms and governs this Order Agreement. EmsashNsacmaNaN ---------- Price Lock Auto Renewal: Opt-In Opt-In: By selecting Opt-In on the Auto Renewal Price Lock on this Order continuous access to our training services but also guarantee their exclusive Agreement, customers not only benefit from promotional rates and ensures protection against pricing structure. This locks in any applicable both for the duration of this subscription any and prospective for pricing adjustments in the future. Price Locki is the account is active. any subsequent renewals or additional purchases while to Should the conclusion you wish to discontinue the Auto Renewal, a written notification is required a minimum of specified in the of the current term. Please provide this notice (inclusive of the order number and thirty (30) days prior original order) to malsnGUMMNaET company name as Client Signature: Signed Date: Title Chail +CEO StormWind Finance Signature: Signed Date: ATTEST: fmby3ts 316/225 Jennifer O. Rulledge, County Clei Approved as to fOT M. Qader A. Baig, County A StormWind, LLC 17550 N. Perimeter Dr. STE f 300 Scottsdale, AZ 85255 Privacy Policy What information do we collect? We collect information from you when you register on our site, subscribe to our newsletter, respond to a survey or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit our site anonymously. Like most websites, we use cookies to enhance your experience, gather general visitor information, and track visits to our website. Please refer to the 'do we use cookies?' section below for information about cookies and how we use them. What do we use your information for? Any of the information we collect from you may be used in one of the following ways: - To personalize your experience (your information helps us to better respond to your individual needs) - Toi improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you) - To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs) How do we protect your information? We implement a variety of security measures to maintain the safety of your personal information when you submit a request or enter, submit, or access your personal information. These security measures include: password protected directories and databases to safeguard your information. Do we use cookies? Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. As you browse our site, advertising cookies will be placed on your computer SO that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with [company website]. The techniques our partners employ do not collect personal information such as your name, email address, postal address, or telephone number. You can visit this page to opt out of AdRoll's and their partners'targeted advertising. Do we disclose any information to outside parties? We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, SO long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. Third party links Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. California Online Privacy Protection Act Compliance Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without) your consent. Childrens Online Privacy Protection Act Compliance We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older. Online Privacy Policy Only This online privacy policy applies only to information collected through our website and not to information collected offline. Terms and Conditions Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at legal. Your Consent By using our site, you consent to our privacy policy. Changes to our Privacy Policy Ifwe decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below. Policy changes will apply only to nformation collected after the date of the change. This policy was last modified on October 3, 2013 StormWind Online Training Terms and Conditions of Use WHEREAS, StormWind desires to offer online training to Purchaser via a web-based learning management system ("Campus") and Purchaser agrees to license access to the Campus; and NOW THEREFORE, in consideration of the premises and the representations and mutual undertakings hereinafter set forth, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the foregoing and as follows: 1.Subject Matter StormWind is currently offering online training to employees of Purchaser "Students")via Campus. 2. Account An account to Campus shall be licensed pursuant to an executed order: form which shall be attached to these Terms and Conditions as a link ("Order Form"). By licensing an account with StormWind, Students gain access to the Campus and are subject to these Terms and Conditions and such Order Form. 3. Modification of Terms These Terms and Conditions may only be modified by a written instrument which is executed by a duly authorized representative of each party. Legal notices must be sent by certified or registered mail (return receipt requested) or commercial express courier (with tracking capabilities) and shall be deemed to have been duly given when delivered to addresses set forth above. All other notices can be given through e- mail, a posting on the Campus, updates on the StormWind website or any other means by which Purchaser or a Student may obtain notice. 4. Limited License. StormWind hereby grants each Student a limited, non-exclusive, non-sublicensable and non-transferable worldwide license to access and use Campus including the content and information available in Campus and documentation thereto according to the provisions contained herein. Each account may only allow its Students that have signed up to access the student Campus. Ift the applicable Order Form terminates, the applicable Students shall no longer have access to the Campus. The Campus may not be accessed by more than the authorized number of Students purchased under the Order Form. Each Student shall be authorized to access the Campus from any Internet connection. Purchaser shall be designated to oversee and be responsible for management of the Student accounts. 5. Access to the StormWind Student Campus; Modification of Content. StormWind strives to provide the Campus to its Students on a continuous basis. To that end, StormWind will take all commercially reasonable efforts to provide uninterrupted access to the Campus to its Students. However, from time to time, Students may be unable to access the Campus due to conditions beyond StormWind's control. Such conditions include, but are not limited to: force majeure, acts of God, and power outages. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. StormWind will provide notifications at least three (3) business days in advance to Purchaser and/or Students related to downtime as a result of StormWind's actions (Regular Maintenance, Software Issues, Hardware issues). These notices will be given through e-mail, a posting on the Campus, and updates on the StormWind website as prescribed. In response to any unavailability of the Campus to its Students, StormWind will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term "commercially reasonable," as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money. StormWind endeavors to provide the highest quality content to its Students. To that end, StormWind reserves the right to change, modify, or discontinue any aspect or feature of the Campus in whole or in part, including, without umitation, the content of Campus. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on the Campus. Students are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site. 6. Prohibited Conduct. Student expressly agrees to refrain from doing, either personally or through an agent, any of the following Prohibited Conduct": Knowingly transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Campus that in any way affects the use, enjoyment or service of Campus, or adversely affects StormWind's computers, servers or databases. Knowingly permit or provide others with unauthorized access to the Campus using Student login and password or otherwise,. Except as otherwise expressly set forth herein, copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, content, information, text, graphics, source code or HTML code, or other content available on the Campus. Transfer the Campus content to another person; frame, "mirror," "in-line link," or employ similar navigational technology to the Campus content. Knowingly violate or attempt to violate StormWind's security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the Campus or corrupt the Campus in any way. Knowingly engage in any other conduct which violates the Copyright Act or other laws of the United States. Use any device (such as a "web crawler" or other automatic retrieval mechanism) or other means to harvest information about other Students, the Campus or StormWind. Use the Campus to intentionally violate a third party's intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights. Knowingly misrepresent a Student's identity or personal information when accessing the Campus. Knowingly post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Campus or during a Live Class; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability. Provide access to an account or transfer account to another Student when the paid Student has completed their courses or if the paid Student is no longer with the paying companylaccount. 7. LIMITED WARRANTIES. 7.1 Each party represents and warrants that it has the authority required to enter into these Terms and Conditions. 7.2 StormWind warrants that Campus will substantially achieve the functionality and specifications described in its documentation and within Campus. 7.3 STORMWIND PROVIDES NO WARRANTY THAT PURCHASER HARDWARE, SOFTWARE, TELECOMMUNICATONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE. 8. Third Party Content; Hyperlinks. Content provided by third parties is for informational purposes only, and StormWind's use of the content constitutes neither an endorsement nor a recommendation by StormWind of the content and is not liable for any claims related to such content. StormWind assumes no responsibility for third party products or services unless recommended by StormWind or unless such products or services are incorporated in the Campus. The StormWind Student Campus may contain links and references to other third party websites and materials. StormWind does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Students. StormWind does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. StormWind may disable any hyperlink to the Campus. STORMWIND MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT IMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON CAMPUS THAT ALLOWS STUDENTS TO ACCESS NFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, STORMWIND DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANYWEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON CAMPUS. 9. Limitation on Liability. Notwithstanding anything to the contrary contained herein, neither Party shall be liable or responsible to the other Party or such other Party's affiliated Persons for any consequential, incidental, or punitive damages, or for loss of profits or revenues (collectively referred to as "special damages") incurred by such Party or its affiliated Persons that arise out of or relate to this Agreement, REGARDLESS OF WHETHER ANY SUCH CLAIM ARISES UNDER OR RESULTS FROM CONTRACT, NEGLIGENCE, OR STRICT LIABILITY OF THE PARTYWHOSE LIABILITY IS BEING WAIVED HEREBY. StormWind's maximum liability to Customer shall be limited to the actual cost paid by the Customer. Except as expressly provided in the Agreement, neither Customer nor StormWind makes any guarantees or warranties of any kind, expressed or implied. StormWind specifically disclaims all implied warranties of any kind or nature, including any implied warranty of merchantabilty and/or any implied warranty of fitness for a particular purpose. 10. Copyrights, Trademarks and Other Proprietary Rights. StormWind or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Campus, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Campus, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. Notwithstanding the foregoing, Purchaser owns and shall retain all rights in all intellectual property and information provided to StormWind in connection with these Terms and Conditions. Except as expressly stated on the Campus or in these Terms, nothing that appears in the Campus may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of StormWind, except as provided in these Terms and Conditions. 11. Security; Authorized Use. Students are prohibited from knowingly violating or attempting to violate the security of the Campus. StormWind has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. StormWind may suspend Purchaser's access, with notification to Purchaser, while it conducts an investigation. Students are required to enter a Student login and password to access the Campus. A Student may not use the account, Student login or password of someone else at any time. Purchaser agrees to notify StormWind promptly of any unauthorized use or loss of an account, Student login, and/or password. Purchaser also agrees to notify StormWind promptly of known or suspected unauthorized use of the Campus and/or the Campus content. StormWind will not be liable for any loss that Purchaser incurs as a result of someone else using a Student name and password with or without Purchaser's knowledge, except where Purchaser has provided StormWind with notice of such unauthorized access or use. 12. Term and Termination. The term of these Terms and Conditions shall be the term set forth in the attached Order Form. Either party may terminate these Terms and Conditions upon written notice if the other party is in material breach of these Terms and Conditions and the other party has failed to cure such breach after thirty (30) days' notice to cure such breach. 13. Confidentiality. StormWind values Purchaser's trust. In order to honor that trust, all of StormWind's employees are required to adhere to ethical standards in gathering, using, and safeguarding any information Purchaser or Students provide ("Purchaser Information"). StormWind shall maintain in confidence Purchaser Information and shall not disclose or otherwise make available Purchaser Information to any third party; provided, however, that it may disclose Purchaser Information to StormWind's officers, employees, consultants and legal advisors who need access to such Purchaser Information and agree to maintain the confidentiality of such Purchaser information. 14. Fees and Payment. Exhibit A shall set forth the fees payable by Purchaser under this Agreement and timing for invoicing. Each properly and accurately prepared invoice shall be payable within 30 days after its receipt by Purchaser. Payments from Purchaser can be provided via Check, Credit Card, or ACH transaction. 15. Governing Law. The substantive laws of the State of Arizona shall govern these Terms and Conditions. 16. Miscellaneous. These Terms and Conditions constitute the entire agreement between StormWind and Purchaser regarding the subject matter hereof. Any previous agreement, whether oral or written, between StormWind and Purchaser dealing with the subject matter hereof is superseded. If any portion of these Terms and Conditions is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. StormWind operates Campus from the United States and makes no representation that Campus complies with any foreign or international laws. Neither party may assign its rights or delegate its duties under these Terms and Conditions without the other party's prior written consent. In performing its obligations under these Terms and Conditions, StormWind and its personnel shall comply, and shall cause Campus to be operated in compliance, with the requirements of all applicable laws, ordinances, regulations, codes and executive orders. The parties agree that no third party is an intended beneficiary of these Terms and Conditions. The following provisions shall survive termination of these Terms and Conditions 7, 8, 13, 15 and those portions of this Section 16 which by their nature should survive termination.