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Backup Documents 10/14/2025 Item #16E10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 f j E 1 0 141 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 2. County Attorney Office County Attorney Office /%I5/ r 4. BCC Office Board of County Commissioners 1351y n /S' I 11_5 4. Minutes and Records • Clerk of Court's OfficeCr 4" 10 ljy5 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Deidra De La Cruz/Procurement Contact Information 239-252-8950 Contact/Department Agenda Date Item was October 14,2025 Agenda Item Number 16.E.10. Approved by the BCC Type of Document Amendment Number of Original 1 Attached Documents Attached PO number or account N/A #16-6621 Cornerstone OnDemand, number if document is Learning Management Inc, to be recorded System INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be DD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the DD document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 14,2025,and all changes made N/A is not during the meeting have been incorporated in the attached document. The County sortipi9 an option for Attorney's Office has reviewed the changes,if applicable. `t this line. 9. Initials of attorney verifying that the attached document is the version approved by the - L N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 16E1 FIFTH AMENDMENT TO AGREEMENT No. 16-6621 FOR "LEARNING MANAGEMENT SYSTEM" THIS FIFTH AMENDMENT, made and entered into on this 1 / day of 004)6 2025, 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") (collectively,the"Parties")state: 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 County approved Change Order No. 2 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 Agreement for an additional year, which included the removal of the Competency Management fee; and (3)to continue the 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 Agreement for an additional period effective October 1,2018,through October 20,2019,(2)replace the Exhibit A-1 Fees Order Form with Exhibit A2-1, and remove the Exhibit A-2 Fees; and WHEREAS, on October 14, 2019, the Parties executed the Third Amendment to the Agreement to: (1) extend the Agreement for an additional period effective October 1, 2019,through October 20, 2020, and(2) incorporate Exhibit A-3 Order to provide updated pricing to commence on the renewal period; and WHEREAS, on June 9, 2020, the Parties executed the Fourth Amendment to the Agreement to: (1) extend the Agreement for an additional five-year period beginning on October 21, 2020, and ending on October 20, 2025, and 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,(3)provide for nominal annual increases not to exceed 2.5%per annum, and(4)to incorporate the Performance Suite program; and WHEREAS,the Parties desire to further amend the Agreement to: (1) extend the Agreement for an additional five-year period beginning on October 21,2025,and ending on October 20,2030,and recognizing this further purchase is an exemption from the competitive process, (2) incorporate Exhibit A-5 Order to provide updated pricing to commence on the renewal period,(3)provide for nominal annual increases not to exceed 2.5% per annum, and(4)to incorporate J.J. Keller-Workplace Safety and Human Resources; and NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the Parties agree as follows: 1. The above recitals are hereby incorporated into this Fifth Amendment to the Agreement as if fully set forth herein. Page 1 of 4 Fifth Amendment to Agreement#16-6621 CA.0 16 E 1 0. 2. The Agreement shall be extended for an additional five-year period effective October 21, 2025 through October 20, 2030. 3. Attached Exhibit A-5 Order is hereby incorporated into the Agreement to provide updated pricing during the renewal term. 4. Nominal annual price increases under the renewal term under this Fifth Amendment shall not exceed 2.5% per annum, 5. The J.J. Keller Workplace Safety and Human Resources will be implemented and offered as part of this Fifth Amendment renewal term, providing staff a comprehensive safety training package. 6. The attached Affidavit Regarding Labor and Services is hereby incorporated into the Agreement. 7. Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Fifth Amendment to the Agreement on the date and year first written above by an authorized person or agent. ArrEST: OWNER: aCtsystal lc K41,zch pinrk of Court & BOARD OF COUNTY COMMISSIONERS ,Coltiptrrol ?",• OF COLLIER COUNTY FLORIDA , 4( ^) I t'4 • E3 BY: 6e,t,d1r44,1104 'A test as to Burt Saunders, Chairman Chairrnanys • to signature only A c d as o drrn and Legality: S R. Teac Deputy County Attorney CORNE STON On 11 / INC. B //. / y - , . �1 / iL alt1 _341A ASS Print Name and itle Date Page2of4 Fifth Amendment to Agreement 1116-6621 ' 6E10 Y Exhibit A-5 ORDER Product(s) Period 1 Period 2 10/21/2025-10/20/2026 10/21/2026-10/20/2027 Product Qty Fee Billing Qty Fee Billing Frequency Frequency Choice Customer Success Package 1 USD 7,919.86 Annual 1 USE)8,117.85 Annual Cornerstone Learning Management Suite 2,250 USD 35,639.36 Annual 2,250 USD 36,530.34 Annual Cornerstone Performance Suite 2,250 USD 35,639.36 Annual 2,250 USD 36,530.34 Annual CyberU Enterprise 2,250 USD 51,890.63 Annual 2,250 USD 53,187.89 Annual DomainKeys Identified Mail 1 USD 1,500.00 Annual 1 USD 1,537.50 Annual Inbound Data Feed OU/Users(IDF) 1 USD 3,959.93 Annual 1 USD 4,058.93 Annual Connector(s) J.J.Keller-Workplace Safety and Human 2,250 USD 16,537.50 Annual 2,250 USD 16,950.94 Annual Resources Bundle Single Sign On-Standard(SSO) 1 USD 3,959.93 Annual 1 USD 4,058.93 Annual Connector(s) Unlimited Video Hosting and Delivery 1 USD 2,828.52 Annual 1 USD 2,899.23 Annual Period Subtotal: USD 159,875.09 USD 163,871.95 Period 3 Period 4 10/21/2027-10/20/2028 10/21/2028-10/20/2029 Product Qty Fee Billing City Fee Billing 1 Frequency Frequency Choice Customer Success Package 1 USD 8,320.80 Annual 1 USD 8,528.82 Annual Cornerstone Learning Management Suite 2,250 USD 37,443.60 Annual 2,250 USD 38,379.70 Annual Cornerstone Performance Suite 2,250 USD 37,443.60 Annual 2,250 USD 38,379.70 Annual CyberU Enterprise 2,250 USD 54,517.58 Annual 2,250 USD 55,880.52 Annual DomainKeys Identified Mail 1 USE)1,575.94 Annual 1 USD 1,615.33 Annual Product Qty Fee Billing Qty Fee Billing Frequency Frequency Inbound Data Feed-O#J1Users(IDF) 1 USD 4,160.40 Annual 1 USD 4,264.41 Annual Connector(s) J.J.Keller-Workplace Safety and Human 2,250 USD 17,374.71 Annual 2,250 USE)17,809.08 Annual Resources Bundle Single Sign On-Standard(SSO) 1 USD 4,160.40 Annual 1 USD 4,264.41 Annual Connector(s) Unlimited Video Hosting and Delivery 1 USD 2,971.71 Annual 1 USD 3,046.00 Annual Period Subtotal: USD 167,968.74 USD 172,167.97 Page 3 of 4 Fifth Amendment to Agreement#16-6621 � 6E10 , Period 5 10/2112029-10/20/2030 Product Qty Fee Billing Frequency Choice Customer Success Package 1 USD 8,742.04 Annual Cornerstone Learning Management Suite 2,250 USD 39,339.19 Annual Cornerstone Performance Suite 2,250 USD 39,339.19 Annual CyberLI Enterprise 2,250 USD 57,277.53 Annual DomainKeys Identified Mail 1 USD 1,655.72 Annual Inbound Data Feed-OUfUsers(1DF) USD 4,371.02 Annual Connector(s) J.J.Keller-Workplace Safety and Human 2,250 USD 18,254.30 Annual Resources Bundle Single Sign On-Standard(SSO) 1 USD 4,371.02 Annual Connector(s) Unlimited Video Hosting and Delivery 1 USD 3.122.15 Annual Period Subtotal: USD 176,472.16 Invoicing Schedule Payment terms for this Order shall be Due on receipt. Fees are invoiced beginning on the Start Date(s) in accordance with the Billing Frequency. If required, fees are pro-rated based on the actual number of days in the billing frequency period.One-time fees are invoiced on the Order Start Date.Any usage product will be billed monthly in arrears based on actual usage. Notwithstanding the foregoing, one-time fees for services on a SOW shall be invoiced in accordance with the billing terms set out in the applicable SOW.Except as otherwise expressly set forth herein, all purchases are non-cancelable and non-refundable. Fees are exclusive of applicable sales, use, VAT,GST,digital tax,DST,and other taxes and are net of withholding taxes. 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. Some Content is hosted by third-party content providers.These provides 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. 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 part of this Order.Content subscriptions are non-transferable;they are unique to individual users.Notwithstanding the foregoing,where Customer has purchased the Enterprise Content subscription,these subscriptions may each be reassigned one time per year of the Order. Subject to the foregoing. Cornerstone reserves the right to invoice Clients 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. Page 4 of 4 Fifth Amendment to Agreement#16-6621 CA 0 i6E10 AFFIDAVIT REGARDING LABOR AND SERVICES AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED hen a ntract is ongove July 1,nm ntal2entity spursuant governmental e3),tity,othea nongovernmental Statutes, ntal ens ty must provideexecuted, the governmental extended entity with an nongovernmental affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Effective January 1,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet any of the following criteria: (a)the entity is owned by the government of a foreign country of concern; (b)the government of a foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal place of business in a foreign country of concern. Effective July 1,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access to an individual's personal identifying information, the entity must provide the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs (2)(a)-(c),§287.138.Florida Statutes. I Nongovernmental Entity's Name: e ei is t ci int_. Address: l(901 C\OYQf- t 1[\ 13Wd. S4 (900 SaMu t11Cci C A 90,1 of Phone Number: 310 • 1-5a •oa()0 Q Authorized Representative's Name: �O�VI c1 L UYdt)f1 /,Yk1�Xl • _Authorized Representative's Title: Cr1e,- �Q rcA' rl O•Vf 1 c R.r C,t.n? ( 11 Q C f i nu n GI c ork;e o Email Address: ( i 0 C1YK1 Q 1i 0 CS(d.CorY1 1, Do.vik Gorat,,t .rlripy (Name of Authorized Representative), as authorized representative attest under penalty of perjury that trewt<e1ert etet tipir,emA. 1,se. (Name of Nongovernmental Entity) does not: (1) use coercion for labor or services as defined in§787.06,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by a government of a foreign country of concern, (b)that a foreign country of concern does not have a controlling interest in the entity, and(c)that the entity is not organized under the laws of or has its principal place of business in a foreign country of concern,all a ohibited under§ 287.138,Florida Statutes. Under a 'laity of:erji de• are t t I have read the foregoin Affclav" and that the facts stated in it are true. I _40.- (Signature of authorized . escntative) Date STATE OF COUNTY OF Sworn to(or affirmed)and subscribed before me,by means of 0 physical presence or 0 of .A,;G • ization this day of ,20_,by (Name of A giant tot.0-. ced his Florida Driver's License as identification. �(' t�v Notary Public ,�'0e'�� F" Commission Expires Personally Know 1 •R Produced Identification 0 •. of Identification Produced: :V 16E10 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 I] See Attached Document (Notary to cross out lines 1-6 below) 0 See Statement Below (Lines 1-6 to be completed only by document signer(s), not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document. State of California ) Subscribed and sworn to (or affirmed) before me on this 22nd day of County of Los Angeles ) September, 2025, by DAVID ARKLEY, proved to me on the basis of satisfactory evidence to be the person �..��..� who appeared balpre %-op SAMUEL PHILLIP ESKENAZt ' '`� �� NoLry Public-Catiforni� Z Los Angeles Counry Signature i % '..`A�'F Gmmission#2470619 •fat+re of • .ry Pu.lic t my Comm,Expires Nov 10_2027 i Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ` Title or Type of Document: AFFIDAVIT REGARDING LABOR AND SERVICES Document Date: undated Number of Pages: 1 Signer(s) Other Than Named Above: