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#16-6621 4th Amendment (Cornerstone OnDemand)FOURTH AMENDMENT TO AGREEMENT No. 16-6621 FOR "LEARNING MANAGEMENT SYSTEM" THIS FOURTH AMENDMENT, made and entered into on this day of A ua- , 2020, by and between Cornerstone OnDemand, Inc., a Delaware corporation qualified to do business in the State of Florida ("Cornerstone"), and Collier County, a political subdivision of the State of Florida, (the "County" or "Client'): WHEREAS, on October 11, 2016 (Agenda Item 16.E.15), the County entered into Agreement No. 16-6621 (the "Agreement') with Cornerstone to provide a web -based Learning Management System software for employee training programs; and WHEREAS, on January 11, 2017, the parties administratively approved Change Order No.1 to the Agreement, which upgraded the software bundle package from "Gold Plus" to "Platinum Plus"; and WHEREAS, on July 19, 2017, the Board of County Commissioners approved Change Order No. 2 to the Agreement, extending the use of the Platinum Plus software bundle package from October 21, 2017 through April 20, 2018; and WHEREAS, on October 26, 2017, the parties executed the First Amendment to the Agreement to: (1) clarify the effective date of the Agreement; (2) renew the Master Agreement for an additional year, which included the removal of the Competency Management fee; and (3) continue utilization of the Platinum Plus Bundle & Content Services Package; and WHEREAS, on October 18, 2018, the parties executed the Second Amendment to the Agreement to: (1) extend the Master Agreement for an additional period effective October 1, 2018 through October 20, 2019, and (2) replace Exhibit A-1 Fees Order Form with Exhibit A2-1 and remove Exhibit A-2 Fees; and WHEREAS, on October 14, 2019, the parties executed the Third Amendment to the Agreement to: (1) extend the Master Agreement for an additional period effective October 1, 2019 through October 20, 2020, and (2) replace Exhibit A-1 Fees Order Form with Exhibit A2-1 and remove Exhibit A-2 Fees; and WHEREAS, the parties desire to further amend the Agreement to: (1) extend the Master Agreement for an additional five (5) year period beginning on October 21, 2020 and ending on October 20, 2025, recognizing this further purchase is an exemption from the competitive process; (2) incorporate Exhibit A-4 Order to provide updated pricing to commence on the renewal period commencing on October 20, 2020, (3) provide for nominal annual increases not to exceed 2.5% per annum; and, (4) to incorporate the Performance Suite program. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties agree as follows: The parties agree to extend the Master Agreement for an additional five (5) year period effective October 21, 2020 through October 20, 2025, recognizing this further purchase is an exemption from competitive process for the same time -period; Pagel of 5 Fourth Amendment to Agreement # 16-6621 Cq 2. Exhibit A-4 Order (attached hereto) is hereby incorporated into the Agreement to provide pricing to commence on the renewal period commencing on October 20, 2020; 3. The parties agree to a nominal annual price increase not to exceed 2.5% per annum; 4. The Performance Suite will be implemented allowing management staff across the County to set goals and manage position competencies, oversee employee development planning, allow for continuous feedback between management and staff, and provide tools to conduct performance reviews. The Performance tools will be launched on the platform electronically versus the current paper -based method; and 5. Except as provided herein, all other terms and conditions of the Master Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have executed on the date and year first written above by an authorized person or agent. ATTEST: C(yf,}al K. ,KinZel,'Clerk of Court & 0omptrpller - Attest as to Chairman's signature 011h. Appr d as to Form and Legality: d? Scott R. Teach KJV pk County Attorney Print Name OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA go Burt L. Saunders, Chairman Page 2 of 5 Fourth Amendment to Agreement # 16-6621 WITNESSES: Fi S J^WITNESS r 'c 7 rint Name t SECOND WITNESS Print Name-� Date: ;l,k!p l I � 1 �,, Zcs CONSULTANT: CORNERSTONE ONDEMAND, INC. B: �l Print Name and Title Date Page 3 of 5 Fourth Amendment to Agreement #16-6621 Cornerstone OnDemand — Exhibit A-4 ORDER Client Name ("Client"): County of Collier, FL Order Effective Date: As provided in Amendment Four to Agreement No. 16-6621 Quote Number Q-00099162 Is a new purchase order required for this purchase?* ("No," unless box is checked) []Yes: PO# Primary Client Contact Erin Thoresen erin.thoresen@colliercountyfl.gov 1 (239) 252-4322 Client Address (Ship To) 3303 Tamiami Trail East, Naples, FL, 34112, United States Primary Billing (Invoice) Contact Erin Thoresen I erin.thoresen@coiliercountyfl.gov 1 (239) 252-4322 Client Billing (Invoice) Address 3303 Tamiami Trail East, Naples, FL, 34112, United States Order Start Date: 10/21/2020 Order Term/ Order End Date: 10/20/2025 "Note: Please send purchase order number to DLCollectionsCaD_csod.cor 1 within three (3) business days of order signing. Product(s) ProductQuantity Inbound Data Feed - OU/Users (IDF) Connector (s) 1 $3,500.00 Single Sign On - Standard (SSO) Connector (s) 1 $3,500.00 CyberU Enterprise 2,250 $50,625.00 Cornerstone Learning Suite 2,250 $31,500.00 Choice Customer Success Package 1 $7,000.00 Unlimited Video Hosting and Delivery 1 $2,500.00 Cornerstone Performance Suite 2,250 $31,500.00 ANNUAL FEE SUBTOTAL FIRST YEAR GRAND TOTAL $130,125.00 $130,125.00 Special Terms Client agrees to an annual 2.50% fee increase for the Annual Fees in this Order, beginning on the first anniversary thereof. Invoicing Schedule Annual fees are invoiced annually, beginning on the Order Start Date, through the Order End Date. If applicable, the final invoice for annual fees will be prorated as follows: (total number of days in the prorated period / 365) x annual fee. One-time fees are invoiced on the Order Start Date. Notwithstanding anything to the contrary above, payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats, otherwise known as the "local Government Prompt Payment Act." Product Details Each data feed connector includes two login credentials. Requested modifications to a data feed connector may be subject to additional scoping and fees. Cornerstone Learning Suite includes: • Learning Management Page 4 of 5 Fourth Amendment to Agreement # 16-6621 • Certifications • Connect • Insights Cornerstone Performance Suite includes: • Performance Management • Engage • Succession Management • Compensation Management • View Choice Package: New Functionality Readiness and Adoption — adopt and drive usage of new features Optimization and Curation — keep your system relevant and easy to use, increase adoption and build competencies S.O.S. (Sustain Our System) — get help with tasks and on -boarding new admins, and tune up your reports Education — an efficient way to learn Cornerstone products, features and functions Customer Success — proactive, strategic guidance and support to make the most of your investment Technical Support — enhanced support and issue resolution Client Community — access self-help tools, connect with peers and stay up to speed on what's new Product Collaboration and Engagement —have a voice in the future of Cornerstone See https://www.cornerstoneondemand.com/support/choice for detailed support descriptions. Purchased course(s) shall be available from the Order Start Date above, through the earlier of: (i) the Order End Date above; or (ii) termination/expiration of all Learning Orders; or (iii) termination of the Agreement, after which time all access / course registrations shall be terminated or expire without refund. Course loading and hosting services are included as a part of this Order. Content subscriptions are non -transferable; they are unique to individual users. Client will be invoiced automatically for each subscription/registration exceeding the number purchased, based on the total Content price set forth in this Order, divided by the total number of Active Users subscribed to/registered for that Content. Some Content is hosted by third -party content providers. These providers may process personal information (e.g., Active User identification, course tracking, etc.) only as necessary to provide the Content in accordance with AICC, SCORM, or equivalent standards. The list, locations, and security and privacy policies of such providers are available upon request. Terms and Conditions This Order is hereby incorporated into and made part of the parties' master agreement (the "Agreement"). If the term of the Agreement is set to expire prior to the end of the Order Term, the term of the Agreement is hereby extended through the end of the Order Term for the purposes of this Order. Page 5 of 5 Fourth Amendment to Agreement #16-6621 t q0