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HomeMy WebLinkAboutagenda.council.regular.20251014.amendedAGENDA CITY COUNCIL REGULAR MEETING October 14, 2025 5:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Call to Order II.Roll Call III.Scheduled Public Appearances IV.Citizens Comments & Petitions V.Special Orders of the Day VI.Consent Calendar VI.A Resolution #138, Series of 2025 - City of Aspen Contract Renewal for Oracle ERP System Zoom Meeting Instructions Join from PC, Mac, iPad, or Android: https://us06web.zoom.us/j/86739566746?pwd=kHFROtxzt4Zbbq4SWiU5fMhgt6UF2w.1 Passcode:81611 Join via audio: +1 346 248 7799 US Webinar ID: 867 3956 6746 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kbeocyWNEf (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports (These matters may be adopted together by a single motion) Memo for Reso 138-2025 Oracle Contract Renewal.docx Reso 138-2025 - 2 Year Extension for Oracle Licensing.docx Exhibit A - City_of_Aspen_Renewal_OD_Main_Items.pdf Exhibit B - City_of_Aspen_Renewal_OD_Taleo.pdf 1 1 VI.B Resolution #139, Series of 2025 - 2026 Golf Cart Fleet VI.C Resolution #141, Series of 2025 - Amendment to Payment Agreement between City of Aspen and Farm Collaborative (Resolution #014-2024) VII.Notice of Call-Up VIII.First Reading of Ordinances IX.Public Hearings IX.A Ordinance #12, Series of 2025 - Second Amendment to Water Service Agreement with Music Associates of Aspen X.Action Items X.A Board & Commission Appointments XI.Executive Session XII.Adjournment Golf_Cart_Fleet_Memo. Final.docx Golf_Cart_Fleet_Resolution_139-2025.doc Complete_with_DocuSign_2025-184_Golf_Carts_P.pdf 141-2025 Amendment to Resolution 014-2024 Farm Collaborative Memo.docx 141-2025__Amendment_to_Resolution_014-2024_Farm_Collaborative_Reso.doc Exhibit A - resolution.council.014-24.pdf Ex. B -Amendment to construction payment agreement Farm Collaborative 251009.pdf Utilities_Council_Memo Second Reading_Ordinance #12 Music_School_and_Associates_Second_Amendment_to_WSA_-_Final.docx Ordinance__12__Series_of_2025__10-7-25__Final_.docx MAA 2025- amendment to 2012 water service agreement - signed B&C .docx Pursuant to C.R.S. Section 24-6-402(4)(a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (4)(b) Conferences with an attorney for the local public body for purposes of receiving legal advice on specific legal questions; (4)(e), Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations, and instructing negotiators; and 4(f) Personnel The specific items of discussion involve the following: 1. Discussion of potential litigation involving property known as Lot F1, Stage Road PUD/Subdivision and instruction to negotiators. 2. Discussion with and instruction to negotiators concerning the City Manager Contract 3. Contract negotiation with City Manager Finalist – Pete Strecker 4. Lease negotiations with Yogi’s LLC regarding 455 Rio Grande Place. 2 2 MEMORANDUM TO: Mayor Richards and Aspen City Council FROM: Tyler Sexton, Interim Finance Director THROUGH: Pete Strecker, Interim City Manager MEMO DATE: 10/07/2025 MEETING DATE: 10/14/2025 REGARDING: Resolution 138 (Series 2025) Oracle Hosting and Licensing Renewal REQUEST OF COUNCIL: Staff request approval of an extension to the hosting and licensing agreement for the City’s Enterprise Resource Planning (ERP) system. The proposed agreement establishes a two-year term for continued use of the ERP solution, with costs of $185,995 in Year 1 and $173,740 in Year 2, for a total contract amount of $359,735. SUMMARY AND BACKGROUND: The City utilizes Oracle Fusion as its financial and human capital management platform. This system supports payroll, purchasing, accounting, budgeting, and benefits management across the entire organization. The City has operated on Oracle Fusion for approximately nine years and has gone through multiple renewals during that time. The most recent licensing agreement was executed on September 26, 2023, for a two - year renewal at $187,535 per year, with a total contract value of $375,070. Since that renewal, the City has shifted certain functions to alternative software platforms, allowing us to discontinue modules that were previously included in the Oracle contract. This adjustment is the primary driver of the decrease in annual licensing costs reflected in the proposed extension. The resulting savings equate to approximately $22,467 per year, or $44,934 over the prior two-year term. Additionally, Oracle has announced it will no longer support the talent acquisition module. Because of this, the proposed agreement is structured as a one -year extension while staff evaluates whether to upgrade within Oracle’s suite or transition to an alternative recruitment platform. The variation in annual pricing between Year 1 and Year 2 is tied to the timing of module phase-outs and Oracle’s licensing structure, which includes a standard 7% annual escalation (14% over the two -year term). 3 DISCUSSION: The City’s ERP solution is robust and is rooted in our daily operations and financial and human resource-related efforts. As a cloud-based solution, the system is continually evolving to match the business needs of the organization through monthly and quarterly improvement patches and is designed then to serve the organization for at least another decade or more. At this time, the City needs to renew its subscription agreement for the hosting and licensing use of the solution and followed a sole source procurement effort to facilitate discussions with the vendor for pricing. BASIS FOR VENDOR SELECTION: Sole Source agreement given the vendor is our current software provider and the City cannot obtain the service from another vendor. FINANCIAL IMPACTS: Over the full two-year term of this agreement, the aggregate cost is $359,735. This amount can be fully covered via the existing General Fund budget within the operational spending authority for Finance (75%) and Human Resources (25%) departments, where this expense has historically been booked. CITY MANAGER COMMENTS: 4 RESOLUTION #138 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ORACLE AMERICA, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for hosting, licensing and priority support services for the City’s enterprise resource planning (ERP) solution, between the City of Aspen and Oracle America, a true and accurate copy of which is attached hereto as Exhibits “A” and “B”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for services between the City of Aspen and Oracle America, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 14th day of October 2025. Rachael Richards, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting on the 14th day of October 2025. Nicole Henning, City Clerk 5 ORDERING DOCUMENT      Oracle America, Inc.   500 Oracle Parkway   Redwood Shores, CA   94065            Name   CITY OF ASPEN     Contact   Tyler Sexton   Address   427 Rio Grande Place   ASPEN  CO   81611     Phone Number Email Address   970-920-5044  tyler.sexton@aspen.gov      Renew Subscription Term: 17-Nov-2025 to 16-Nov-2027   Services Period: 24 months Cloud Services Data Center Region Quantity Term Unit Net Price Net Fee B86836 - Oracle Fusion Financials Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 3.47 83,293.96 B84490 - Oracle Additional Test Environment for Oracle Fusion Cloud Service - Each NORTH AMERICA 1 24 mo 3,231.90 77,565.60 B86838 - Oracle Fusion Expenses Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 0.34 8,252.98 B86840 - Oracle Fusion Automated Invoice Processing Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 0.34 8,252.98 B86841 - Oracle Fusion Document Recognition Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 0.34 8,252.98 B86843 - Oracle Fusion Purchasing Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 0.62 14,892.60 B86848 - Oracle Fusion Self Service Procurement Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 0.16 3,723.15 B85800 - Oracle Fusion Human Capital Management Base Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 1.85 44,367.52 B86668 - Oracle Cloud Priority Support for SaaS NORTH AMERICA 1 24 mo 380.98 9,143.57 B75365 - Oracle Fusion Time and Labor Cloud Service - Hosted Named User NORTH AMERICA 1000 24 mo 0.74 17,729.28 CPQ-4030617 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   1   of   4   686 Services Period: 24 months Cloud Services Data Center Region Quantity Term Unit Net Price Net Fee B86668 - Oracle Cloud Priority Support for SaaS NORTH AMERICA 1 24 mo 527.79 12,666.86 Subtotal 288,141.48     Expansion at Renewal Term: 16-Nov-2027   Services Period: 24 months Cloud Services Data Center Region Quantity Term Unit Net Price Net Fee B110329 - Oracle Fusion Payroll Core Cloud Service - Hosted Compensated Individual NORTH AMERICA 1000 24 mo 1.22 29,338.85 B86669 - Oracle Cloud Priority Support for SaaS: Base Fee NORTH AMERICA 1 24 mo 1,250.00 30,000.00 Subtotal 59,338.85       Fee Description Net Fee Cloud Services Fees 347,480.33 Net Fees 347,480.33 Total Fees 347,480.33 CPQ-4030617 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   2   of   4   787 A. Terms of Your Order 1. Applicable Agreement: a. Public Sector Agreement for Cloud Services US-CSA-CPQ-4030617 2. Cloud Payment Terms: a. Net 30 days from invoice date 3. Cloud Payment Frequency: a. Quarterly in Arrears 4. Currency: a. US Dollars 5. Offer Valid through: a. 17-NOV-2025 6. Service Specifications a. The Service Specifications applicable to the Cloud Services and the Consulting/Professional Services ordered may be accessed at http:// www.oracle.com/contracts. 7. Services Period a. The Services Period for the Services commences on the date stated in this order. If no date is specified, then the "Cloud Services Start Date" for each Service will be the date that you are issued access that enables you to activate your Services, and the "Consulting/Professional Services Start Date" is the date that Oracle begins performing such services. B. Additional Order Terms 1. Non-Appropriation In the event funds are not appropriated for a new fiscal year period, You may terminate this order immediately without penalty or expense; provided, however, that: (a) for each of the 12-month terms of the order, You must provide a purchase order, and (b) Your issuance of each 12-month purchase order shall signify to Oracle that all funds for the given 12-month term have been fully appropriated and encumbered. Notwithstanding the foregoing, You agree to pay for all Services performed by Oracle prior to Oracle's receipt of Your notice of non-appropriation. CPQ-4030617 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   3   of   4   888        CITY OF ASPEN    Oracle America, Inc.      Signature   {{*_es_signer1_signature }}    Signature       Name   {{*_es_signer1_fullname }}    Name       Title   {{*_es_signer1_title }}    Title       Signature Date   {{*_es_signer1_date }}    Signature Date              SPACE SPACE BILL TO / SHIP TO INFORMATION SPACE SPACE   Bill To    Ship To     Customer Name  CITY OF ASPEN     Customer Name  CITY OF ASPEN           Customer Address  427 Rio Grande Place ASPEN  CO 81611    Customer Address  427 Rio Grande Place ASPEN  CO 81611            Contact Name  Tyler Sexton    Contact Name  Tyler Sexton   Contact Phone  970-920-5044   Contact Phone  970-920-5044  Contact Email  tyler.sexton@aspen.gov   Contact Email  tyler.sexton@aspen.gov  CPQ-4030617 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   4   of   4   Director James Kamm 26-Sep-2025 | 12:07 PM PDT 989 ORDERING DOCUMENT      Oracle America, Inc.   500 Oracle Parkway   Redwood Shores, CA   94065            Name   CITY OF ASPEN     Contact   Tyler Sexton   Address   427 Rio Grande Place   ASPEN  CO   81611     Phone Number Email Address   970-920-5044  tyler.sexton@aspen.gov      Renew Subscription Term: 17-Nov-2025 to 16-Nov-2026   Services Period: 12 months Cloud Services Data Center Region Quantity Term Unit Net Price Net Fee B84260 - Oracle Talent Acquisition for Midsize Cloud Service - Hosted Employee NORTH AMERICA 1000 12 mo 0.45 5,388.77 B84261 - Oracle Talent Management for Midsize Cloud Service - Hosted Named User NORTH AMERICA 1000 12 mo 0.22 2,694.38 B77399 - Oracle Test Environment for Oracle TBE Cloud Service - Test Environment NORTH AMERICA 1 12 mo 347.61 4,171.31 Subtotal 12,254.46       Fee Description Net Fee Cloud Services Fees 12,254.46 Net Fees 12,254.46 Total Fees 12,254.46 CPQ-4035876 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   1   of   3   1083 A. Terms of Your Order 1. Applicable Agreement: a. Public Sector Agreement for Cloud Services US-CSA-CPQ-4035876 2. Cloud Payment Terms: a. Net 30 days from invoice date 3. Cloud Payment Frequency: a. Quarterly in Arrears 4. Currency: a. US Dollars 5. Offer Valid through: a. 17-NOV-2025 6. Service Specifications a. The Service Specifications applicable to the Cloud Services and the Consulting/Professional Services ordered may be accessed at http:// www.oracle.com/contracts. 7. Services Period a. The Services Period for the Services commences on the date stated in this order. If no date is specified, then the "Cloud Services Start Date" for each Service will be the date that you are issued access that enables you to activate your Services, and the "Consulting/Professional Services Start Date" is the date that Oracle begins performing such services. B. Additional Order Terms 1. Linking Language You acknowledge and agree that the terms and conditions of this document are contingent upon the simultaneous execution of the document (s) with the footer(s) CPQ-4007235, CPQ-4030617, CPQ-4036048, CPQ-4036051 between the parties (the "Contingent Document(s)"). If the parties do not simultaneously execute the Contingent Document(s) with this document, then this document shall be deemed to have no legal effect, even if executed. CPQ-4035876 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   2   of   3   1184        CITY OF ASPEN    Oracle America, Inc.      Signature   {{*_es_signer1_signature }}    Signature       Name   {{*_es_signer1_fullname }}    Name       Title   {{*_es_signer1_title }}    Title       Signature Date   {{*_es_signer1_date }}    Signature Date              SPACE SPACE BILL TO / SHIP TO INFORMATION SPACE SPACE   Bill To    Ship To     Customer Name  CITY OF ASPEN     Customer Name  CITY OF ASPEN           Customer Address  427 Rio Grande Place ASPEN  CO 81611    Customer Address  427 Rio Grande Place ASPEN  CO 81611            Contact Name  Tyler Sexton    Contact Name  Tyler Sexton   Contact Phone  970-920-5044   Contact Phone  970-920-5044  Contact Email  tyler.sexton@aspen.gov   Contact Email  tyler.sexton@aspen.gov  CPQ-4035876 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   3   of   3   Contract Specialist III Denzel Brown 26-Sep-2025 | 10:20 AM PDT 1285 MEMORANDUM TO: Mayor and City Council FROM: Jim Pratt, Manager of Golf THROUGH: Austin Weiss, Director of Parks and Recreation MEMO DATE: Monday, October 6th, 2024 MEETING DATE: Monday, October 14th, 2024 RE: Resolution #139, 2025, Contract for Golf Cart Fleet Purchase _____________________________________________________________________ REQUEST OF COUNCIL: The Golf Departments requests approval for use of allocated department funding to purchase an updated golf cart fleet. SUMMARY AND BACKGROUND: The Aspen Golf Club historically replaces its golf cart fleet on a 4 –5-year schedule. This timeframe has proven to be the optimal timeframe for warranty reasons as well as general wear and tear from the average of 29,500 rounds of golf per year. DISCUSSION: The facility currently has 60 carts in the fleet equipped with GPS screens and software. With the increase in demand we’ve seen over the past five years, the golf course has had to rent an additional 12 carts each year to mee t this increase in use. As a result, the contact is for a total of 72 golf carts, which ultimately is more cost efficient than continuing to rent the additional carts each year. BASIS FOR VENDOR SELECTION: Three companies responded to the RFP for the golf carts. The Golf Advisory Board formed a committee to assist staff in the evaluation of the three vendors. Each vendor allowed the course to demo their product for a 2-week period to see the differences between them. The three vendors were Yamaha, EZ-Go, and Club Car. After evaluating the performance, comfort, service and warranty, Club Car was selected as the best option for our facility and was also the least expensive of the three proposals. 13 The routine service agreement, annual storage and delivery of the 12 additional carts, and associated costs were also notable factors for the selection. FINANCIAL IMPACTS: The 2026 golf fund budget includes $560,000 for the golf cart fleet purchase. The total cost of the new fleet is $739,989. The City will receive a trade in value of $177,000 for the current fleet bringing the contract value to $562.989. By approving this contract, Council is also approving a 2026 budget increase of $2,989. There is no budget impact in 2025. Also of note, the course has averaged $225,937.00 in revenue each year over the last two years for golf cart rental. ENVIRONMENTAL IMPACTS: This fleet is equipped with lithium batteries. Lithium batteries have been proven to hold a longer charge and reduce the impact of energy consumption over lead acid batteries. ALTERNATIVES: Should council decide not to purchase the selected golf carts, the Aspen Golf Club could re-open the Requests for Proposals and renegotiate a different contract. Another option would be to continue to use the aging cart fleet for the 2026 season. RECOMMENDATIONS: With the continued high demand for golf, and the expectations of our golfing community, staff recommends approval of Resolution 139, series of 2025. CITY MANAGER COMMENTS: 14 RESOLUTION # 139 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND COLORADO GOLF AND TURF AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for the purchase of 72 Club Car golf carts, between the City of Aspen and Colorado Golf and Turf. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for the purchase of 72 Club Car golf carts, between the City of Aspen and Colorado Golf and Turf, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 14th day of October, 2025. Rachael Richards, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, October 14th, 2025. Nicole Henning, City Clerk 15 Supply Procurement Page 0 Updated 08/2025 Golf Carts Purchase CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Contract No.: 2025-184 AGREEMENT made the 9th day of September, 2025. BETWEEN the City: Contract Amount: The City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Colorado Golf & Turf, Inc. 11757 S. Wadsworth Blvd. Littleton, CO 80125 US 303-761-3332 drew@cologolfandturf.com For the Following Project: Exhibits appended and made a part of this Agreement: The City and Vendor agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $100,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: Resolution No.: Exhibit A: List of supplies, equipment, or materials to be purchased. Total: $ 562,989.12 Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2025-139 10/14/2025 1664 Supply Procurement Page 1 Updated 08/2025 1.Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A The City and Vendor agree as set forth below. 1.Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2.Delivery. (FOB Aspen Golf Club 39551 CO-82 Aspen, CO 81611) [Delivery Address] 3.Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4.Warranties. See Exhibit A. 5.Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6.Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7.Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8.Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9.Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 1765 Supply Procurement Page 2 Updated 08/2025 10.Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11.Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12.Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (A)Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. (B)Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (C)Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (D)In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1.Cancel this Purchase Agreement without any liability by the City; 2.Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3.Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 1866 Supply Procurement Page 3 Updated 08/2025 4.Recover such value from the offending parties. 13.Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14.Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City using state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15.City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $100,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16.Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City’s municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and federal laws respecting discrimination and unfair employment practices. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a)Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b)Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c)Incorporate the foregoing provisions in all subcontracts hereunder. 17.Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 1967 Supply Procurement Page 4 Updated 08/2025 understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18.Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 19.Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 20. Order of Precedence of Contract Documents. The terms and conditions set forth in the City of Aspen Standard Form of Agreement establish the rights, obligations, and remedies of the parties. No additional or different terms or conditions, whether contained in bid packets, documents, order forms, or any other document or communication pertaining to the agreement will be binding upon the City of Aspen unless accepted in writing by an authorized representative of the City. In the case of conflicts or inconsistencies between the City of Aspen Standard Form of Agreement and any other document attached thereto which cannot be resolved by giving effect to both provisions, the City of Aspen Standard Form of Agreement shall control. The Professional in performing the Services hereunder must comply with all applicable provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101, et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR 1501-11. Services rendered hereunder that use information and communication technology, as the term is defined in Colorado law, including but not limited to websites, applications, software, videos, and electronic documents must also comply with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2068 Supply Procurement Page 5 Updated 08/2025 information and communication technology used, created, developed, or procured in connection with the Services hereunder meets these standards, Professional may be required to demonstrate compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section above in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or the Technology Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2169 Supply Procurement Page 6 Updated 08/2025 FOR THE CITY OF ASPEN: By: ___________________________ _______________________________ Date _______________________________ City Attorney’s Office SUPPLIER: ___________________________ By:________________________________ ___________________________________ Title ___________________________________ Date IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein, of which, to all intents and purposes, shall be considered as the original. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9 9/22/2025 | 1:17:06 PM PDT Vice President of Sales Drew Hunter Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2270 September 22, 2025 Request for Proposals 2025-184 Golf Carts Lease or Purchase Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2371 September 22, 2025 Aspen Golf Club 39551 CO-82 Ste 1 Aspen, CO 81611 Jim, On behalf of Colorado Golf & Turf, Inc. and Club Car, thank you for the opportunity to present proposal information to Aspen Golf Club for the 2026 season. Colorado Golf & Turf, Inc. appreciates the opportunity to again partner with Aspen Golf Club and will strive to continue to earn your business. Club Car takes pride in not only our products, but also our commitment to customer service and satisfaction. It is this combination of uncompromising quality, reliability, and service that has made Club Car one of the most respected companies in the golf industry for more than 60 years and a valued partner with thousands of facilities around the world. If you have questions about any aspect of this information or if you would like to discuss additional ways we might meet your needs, please do not hesitate to reach out. Best Regards, Drew Hunter Vice President of Sales Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2472 September 22, 2025 Company Profile Colorado Golf & Turf, Inc has been servicing Colorado’s golf and utility market for over 35 years. Tom Bauerle founded Colorado Golf & Turf, Inc in 1983. Our mission is to provide the highest quality product and service to our customers. We pride ourselves on the relationships we have formed with customers across the states of Colorado, Wyoming, and Nebraska. From fleets to street-legal golf carts to turf equipment, Colorado Golf & Turf, Inc is determined to provide you a quality buying experience. Colorado Golf & Turf, Inc specializes in providing a golf car and service that fits your course’s specific needs. We have built relationships with golf courses, management companies, and vendors to make your job easier. Our experience will help you provide the end user and unforgettable golf experience. Products – Club Car's golf, utility and transportation vehicles are recognized as industry leaders in efficiency and long-lasting value. Today, more than 40 base models with applications in golf course, grounds maintenance, industrial, commercial, and recreational markets are available. Club Car repeatedly leads the industry, a fact many attributes to the company's winning style and state-of-the- art engineering. The preparation Club Car has made for tomorrow will serve you well today and in the years to come. Service – Colorado Golf & Turf, Inc has made an investment in our service and parts departments that is unmatched in the state of Colorado. In 2017, Club Car awarded Colorado Golf & Turf, Inc. with the “Golf Distributor Service” award. We have more technicians, a larger inventory of parts, and faster response times than any of our local competitors. We make sure every single customer is a satisfied one. Customers - Colorado Golf and Turf, Inc. will provide at no cost on-site training for your personnel on the necessary routine maintenance procedures for your new equipment. This will include setting up maintenance records for each piece of equipment, which can be invaluable for liability purposes. References are available upon request. To positively impact our community by developing lasting relationships, offering exceptional products, and providing first-class service. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2573 September 22, 2025 Partnerships Colorado PGA REACH works daily to support our PGA Professionals to make a difference in our local communities. Colorado PGA REACH programming ensures that regardless of your age or background, cost will never inhibit one’s involvement and enjoyment of the game of golf. Younglife Introducing adolescents to Jesus Christ and helping them grow in their faith. Every Heart Foundation mission is to reduce cardiovascular disease in young Americans, through advanced diagnostic testing, comprehensive education, and ground-breaking research. Hope House of Colorado empowers parenting teenage moms to strive for personal and economic self-sufficiency and to understand their significance in God’s sight, resulting in a healthy future for them, and for their children. Colorado Uplift mission is building long-term, life-changing relationships with urban youth. The Dolphin House and the entire 7th Judicial District Multidisciplinary Team is to educate, advocate, and protect victims of child abuse. Infinite Hero’s pledge to those who have risked their lives is to reward their sacrifice and bravery with support that articulates our gratitude. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2674 September 22, 2025 Equipment Information Aspen Golf Club Club Car’s new second generation Lithium Ion power-train has started hitting the course. The Tempo Li-Ion vehicle provides best in class range, performance, and safety while delivering a lower total cost of ownership. The new AC Li-Ion battery system ensures golf course operators have confidence in achieving 36+ holes on one charge. In addition to superior range, the Club Car Tempo Li-Ion battery requires minimal maintenance when compared to flooded lead acid (FLA) batteries. Lithium Ion batteries last longer (Figure 1, below) and can save golf courses up to 50% in electricity costs. Club Car Lithium Ion Features and Benefits • Zero Maintenance Battery • Set and Forget Extended Storage • Over-the-air (OTA) Updates - Maximize operational efficiency and minimize downtime when your fleet is connected with Club Car Connect • Vehicle Control Module (VCM) - Increase vehicle uptime and reduce labor time. Real time health status of vehicle helps identify issues before they arise. • Handheld Bluetooth® Diagnostic Tool - Maximize vehicle up time. Quick serviceability keeps your fleet running by analyzing and configuring all electrical subsystems with one simple tool. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2775 September 22, 2025 Proposal Pricing Lithium Ion Fleet Option In the above scenario, Colorado Golf & Turf Inc. agrees to provide Aspen Golf Club with these two services: • Pick-up and store tweleve of Aspen Golf Club’s fleet during the winter months. • Provide Aspen Golf Club with FREE USE of two Club Car Tempo Walk autonomous carts for the duration of the lease or purchase. The above figures do not include any applicable state sales, personal property, or local use taxes. Equipment Cash Price Quantity Extended 2026 Club Car Tempo Lithium-Ion 8,395.06$ 72 604,444.32$ 2021 E-Z-GO RXV Lithium (2,950.00)$ 60 (177,000.00)$ 7,500.00$ 434,944.32$ Trade-In Information Storage Information GRAND TOTAL Delivery, pickup, and storage Accepted by, Signature Title Date Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2876 September 22, 2025 Visage Information The below pricing is based on 72 cars at Aspen Golf Club. You can split the cost into a rental agreement or pre-pay (and own) the hardware for for years. • Outright Purchase – one-time amount of $128,044.80. Aspen Golf Club would pre-pay for all hardware, setup, and technicial support; and own the equipment. Golfer Experience • Hole Overviews • Touch screen for distance • Dynamic distances to pins and POIs • Tee shot distance • Blind tee shot / car ahead • Pin placement manager • Food & Beverage Car Tracking • Real time vehicle position and location tracking • Pace of Play tracking & reporting • Vehicle performance tracking • Find car • Real time messaging • Fleet rotation • Energy unit tracking • Vehicle drive history of use tracking Car Control • Action zone Speed Control • Action zone messaging • Fleet lock down • Geofencing software options to slow and stop carts • Cart path only • Anti-tamper • Notifications • Vehicle drive history Additional Visage features Club Car, announced an all-new integration of Club Car Connect with ezLocator, the industry leader in daily pin placement management. This new partnership enables superintendents to manage pin locations with speed and precision. At the same time, golfers will enjoy exact yardages seamlessly delivered to their Club Car golf car updated through the cloud with the new integration. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2977 September 22, 2025 Terms & Conditions for Vehicle Return Aspen Golf Club agrees to accept sole responsibility for any loss or damage to its returned cars beyond ordinary wear due to normal use. The returned cars must meet the following conditions: 1.) All cars must be free of all liens and encumbrances. 2.) All cars must be capable of running at least 9 holes of golf. 3.) All cars must be the same quantity and year model as originally evaluated. 4.) All cars must be clean, and free of trash, scorecards, pencils, tees, etc. 5.) All cars must have a working charger. 6.) All cars must have four serviceable tires that retain proper air pressure. 7.) All cars must steer properly in all directions. 8.) All batteries must be free of corrosion, and properly filled with water. 9.) All vehicles with the below damaged or broken components will reduce the trade-in value by the following values: a. Windshield - $150, Front body - $250, Rear body - $400, Underbody - $300, Sweater basket - $200, Seat bottom - $250, Seat back - $150, Canopy top - $250 Service & Parts Full Warranty and Post-Warranty Maintenance Colorado Golf & Turf, Inc. has five full-time Road Service Technicians that cover the state of Colorado. Our Technicians will be scheduled to perform courtesy service calls at Aspen Golf Club every two weeks during the months of April through October. In the months of November through March, Colorado Golf & Turf, Inc. will make service calls to Aspen Golf Club based on a request from the course. During these courtesy service calls the technician will perform warranty work, service inspections, and updates as needed. All warranty work will be performed by Colorado Golf & Turf, Inc. staff. Any service work (non-warranty) will need to be approved by Aspen Golf Club personnel prior to any work being performed. We ask The Aspen Golf Club staff to help us monitor and log issues or damages experienced with the fleet; this will help Colorado Golf & Turf, Inc. be more efficient in repairs during courtesy service calls. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 3078 September 22, 2025 Club Car Warranty Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 3179 September 22, 2025 References Vail Golf Club 2024 Club Car Tempo Lithium Ion fleet with Visage Director of Golf – Trey Johnson 1775 Sunburst Dr, Vail, CO 81657 (970)479-2260 tjohnson@vailrec.com Haymaker Golf Course 2020 Club Car Tempo Lithium Ion fleet Head Golf Professional – Cody Hasten 34855 US-40, Steamboat Springs, CO 80487 (970) 870-1846 chasten@haymakergolf.com Fossil Trace Golf Club 2024 Club Car Tempo Lead Acid fleet with Visage Head Golf Professional – Adam Finch 3050 Illinois St, Golden, CO 80401 (303)277-8750 afinch@cityofgolden.net City of Westminster 2025 Club Car Tempo Lithium Ion fleet with Visage Head Golf Professional – Joe Carlton 1801 Legacy Ridge Parkway, Westminster, CO 80031 (303)658-2821 jcarlton@westminsterco.gov City of Grand Junction 2020 Club Car Tempo Lithium Ion fleet with Visage Director of Golf – Tim Tafoya 2057 S Broadway, Redlands, CO 81507 (970)254-3830 timt@gjcity.org Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 3280 September 22, 2025 Exclusive Features Rental Discount Colorado Golf & Turf provides Club Car customers a discount on rental golf cars. Customers receive cars for $36 each, versus $45 each for non-Club Car accounts. Tempo Walk Tempo walk allows golfers to not have to worry about pushing and pulling a handcart or carrying their clubs, they can focus on everything that first attracted them to the game: the traditions, strategy, competition, and friendship found in a foursome. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 3381 September 22, 2025 Thank You Aspen Golf Club. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 3482 MEMORANDUM TO: Mayor and City Council FROM: John Spiess, Senior Open Space and Natural Resource Manager THROUGH: Matt Kuhn, Parks and Open Space Director Austin Weiss, Parks and Recreation Director MEMO DATE: October 6th, 2025 MEETING DATE: October 14th, 2025 RE: Resolution #141 Series 2025: Amendment to Payment Agreement between City of Aspen and Farm Collaborative (Resolution #014-2024) _____________________________________________________________________ REQUEST OF COUNCIL: The Parks and Open Space Department is seeking Council approval for an amendment to the construction payment agreement between the Farm Collaborative and the City of Aspen (Resolution #014-2025) . SUMMARY AND BACKGROUND: In January of 2023 the Farm Collaborative approached Parks and Open Space Staff about financial support for the construction of a septic system to offset some of the cost overruns for the construction of the Learning Center at Cozy Point Ranch. The proposal was brought to the Open Space and Trails Board meeting on February 16th of 2023. In that meeting the board made a motion to recommend a supplemental budget request for the construction of the septic system. As a part of the spring supplemental (Ordinance No. 7, series of 2023), $735,000 was allocated from the Parks and Open Space Fund to support the construction of the septic system. On January 23rd of 2024 City of Aspen Open Space Staff brought resolution #014 Series 2024: Farm Collaborative Construction Payment Agreement to City Council. The payment agreement established guidelines for the disbursement of funds. The conditions of the agreement established parameters for the disbursement of funds and the type of work and materials that were eligible for reimbursement. 35 Condition 4 of the agreement states: “Reimbursement of expenses is limited to the installation of the onsite wastewater system and cannot be used for any other portion of the building project.” DISCUSSION: The installation of the septic system came in under budget ($500,074.92). The City has reimbursed the Farm Collaborative $500,074.92 of the total budget allocation of $735,000. The Farm Collaborative has approached Parks and Open Staff asking that Resolution #014-2024 be amended to allow for the disbursement of the remaining funds for other work related to the construction of the Farm Collaborative Learning Center. Specifically, the Farm Collaborative has requested that $185,000 of the remaining balance be made available to cover costs associated with the fire suppression system, water supply/ treatment and irrigation repairs. To do this the original payment agreement adopted via resolution #014-2024 would need to be amended to allow for the funds to be disbursed for expenses outside of the septic system installation. Staff support this amendment to the agreement with the following conditions: 1. The reimbursement of funds is limited to site work and infrastructure needs supporting the building and site cleanup. Funds cannot be used for building fixtures, finishes, furniture, appliances and the like. 2. Invoices delivered by the Farm Collaborative must detail the work completed per task and include receipts for any materials received. 3. The yurt structure and substructure must be removed from the current location. 4. The rolling greenhouse will be relocated to the field adjacent to HWY 82. 5. The current temporary housing structures will be relocated to a location approved by staff. Staff believe these conditions will help the Farm Collaborative in the overall s ite organization and management. To further assist the Farm Collaborative with site organization staff recommend that the remaining balance of ($49,925.08) be used to assist the Farm Collaborative in the installation of pole barns to house their tools and equipment. The City Open Space and Trails Board reviewed this proposal during their September 18th, 2025 meeting. Following discussion with the Farm Collaborative leadership, the board made a motion to support an amendment to the construction payment agreement with the conditions listed above. 36 FINANCIAL IMPACTS: The funds for the construction of the septic system were allocated as a part of ordinance 7 (Series of 2023). The total budget for this part of the project is $735,000 and comes from the 100 Parks and Open Space Fund. The change to the payment agreement does not ask for additional allocation of funds. ENVIRONMENTAL IMPACTS: The change to the payment agreement allows for the continued consolidation of the Farm Collaborative campus. ALTERNATIVES: City Council can suggest re-negotiating the terms of the amendment to the contract or not amending the contract. RECOMMENDATIONS: Staff recommend an amendment to Resolution 014-2024 allowing for reimbursement of funds for site work on the Farm Collaborative Learning Center not associated with the installation of the septic system. CITY MANAGER COMMENTS: 37 RESOLUTION #141 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMMENDMENT TO RESOLUTION #014- 2024 A CONSTRUCTION PAYMENT AGREEMENT BETWEEN THE CITY OF ASPEN AND THE FARM COLLABORATIVE AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, the City of Aspen and the Farm Collaborative entered into a Construction payment agreement via Resolution #014 -2024, a true and accurate copy of which is attached hereto as Exhibit “A”; WHEREAS, there has been submitted to the City Council an amendment to the construction payment agreement between the City of Aspen and The Farm Collaborative, a true and accurate copy of which is attached hereto as Exhibit “B”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves an amendment to the Construction Payment Agreement between the City of Aspen and The Farm Collaborative, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said contract amendment on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 14th day of October, 2025. Rachael Richards, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, October 14th , 2025. 38 Nicole Henning, City Clerk 39 RESOLUTION #014 Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONSTRUCTION PAYMENT AGREEMENT BETWEEN THE CITY OF ASPEN AND THE FARM COLLABORATIVE. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO0 WHEREAS, there has been submitted to the City Council a construction payment agreement for the construction of a wastewater system between the City of Aspen and the Farm Collaborative, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves a construction payment agreement for the construction of a wastewater system, between the City of Aspen and the Farm Collaborative, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 23rd day of January 2024. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, January 23rd, 2024. Nicole Hennin, City Clerk 40 41 DocuSign Envelope ID: F78362B2-A9BF-44AA-A7EC-5460601FE396 C"NSTRUCTiON PAYMENT AGTtEEMENT THIS AGREEMENT is made and entered into this 4:::Y day of November, 2023, by and between the Farm Collaborative of Aspen, Colorado (hereinafter referred to as "Lessee"), and the City of Aspen, Colorado (hereinafter referred to as "City") WITNESSIT1-I; WHEREAS, the Lessee, leases 14.23 acres fiom the City of Aspen through art agreement established in 2018, herein referred to as the "Lease", as more fully described in Exhibit A and attached hereto and incorporated by this reference; and, WHEREAS, the Fac•111 Collaborative Lea;•cling Center development leas been reviewed and is supported by dic City of Aspen Open Space and Trails Board and, WHEREAS, the Farm Collaborative was granted approval for a development permit by the Board of County Commissioners in Resolution ##26 of 2021 and, WI-IEIZEAS, the Farm Coll-aborative was granted a Building Permit (BLI Cr,2f 2.2021) and an Earth Moving permit (0010.2022.PERT) by Piticin County, JVHEREAS, the Lessee wishes to construct a wastewater system necessary for the future Learning Center on their leased property as depicted in Exhibit B and, WHEREAS, the Lessee 11as asked the city for r•eic abui•semellt of file Construction COSts for• file wastewater system and t(le city reviewed and appropriated $735,000 for this expense via Ordinance 7 of 2023. NOW THEREFORE, IN CONSIDERATION of the pr•aniises and agreements set forth below, and far other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner and the City, agree as follows; 1. I Cansfv4ucfiovj of file Wasfewafer Sysfenr, T11e parties agree to cooperate in the iclsfiallation, car stt•tcction, and inspection, of the Fal•rn Collaborative learning center wastewater system. The parties agree that all impacts to the site will be minimized during the construction and installation of the wastewater system, This includes the use of appropriate BMP's during the construction of the wastewater system. This also includes the minimization of all impacts to the existing Circulation patterns on the Site and Notification of any impacts to access 72 haul's prior to those impacts, 2. Reimbursement for Experrses, The City has agreed to pay far• the equipment, cllater'ia1S, and construction of tl e permitted Otlsite Waste Water System {OWTS) for the Farm Collaborative Learning Center. Delivery of these payments are contingent on the review of all Invoices directly related to the construction of the OWTS by the City of Aspen. In addition to the invoices a summary must be provided by the contractor indicating percent completion of the OWTS project and percent of material procurement to date, 42 DocuSign Envelope ID: F78362B2-A9BF-44AA-A7EC-5460601 FE396 Paynletats will be distributed ontme following schedule, a. Upon receipt of a copy of the first invoice related to the construction of the OWTS, $250,000,00 (approximately 1/3 of the total estimated cost of the system) will be delivered to the Farm Collaborative. An invoice for this amount must be prepared and delivered to the City of Aspen by the Farm Collaborative, b. An additional $250,000.00 (tile second approximately 1/3 of the total cost) will be delivered upon completion of 75% of the work. Note 75% completion Sllall be agreed upon in Writing by the Farm Collaborative and the,City of Aspen. c. The remaining balance will be delivered When the Pitkin County Environmental Health Department has completed inspections of the installed OWTS system, approved the installation, and officially closed the permit (POWT,2381.2021) signifying the systeill is complete. 3, The Farm Collaborative is responsible for all pee llitting and regulatory requirements during the construction and obtaining a certificate of occupancy and shall provide copies to the city, 4, Reinlburse 11e11t of expenses is limited to the installation of the otlsite wastewater system and cannot be used for any. other portion of the building project, 5. The Fari11 Collaborative is responsible for all restol'ati011 work following the installation of the system on the property. Restoration shall include the application of native seeding, straw and the use of temporary irrigation for a minimum of 3 years, 6, The Farn1 Collaborative will be solely responsible for the lllaillteilallCe and upkeep of the OWTTS SyStelll for the pet lod of the "ease. 7, zde>rn>«ifzcatio t. It is the intention of the parties to make the land available to the public for recreational purposes without charge, and to unlit the parties' liability to persons entering thereon for such purposes, In the event that either or both of the parties might otherwise be liable under applicable state statutes, City hereby agrees, to the extent permitted by law, to indemnify and hold Owner harmless from and against claims or awards for loss, damage or any liability including reasonable attorneys' fees and costs, which may result from City's acts or oinissiozls covering and including, but not by way of limitation, installation, excavation, fill, construction, maintenance, repair, replacement, public use or location of the trail or attendant facilities, as subsequently determined by a court of Competent jurisdictioti. Nothing herein shall constitute a waiver of City' s rights under the Colorado Governmental Immunity Act, as provided in Section 24-10-101, et sue,, C.M. 8. AttorYieys' Fels. 1f any action at law or in equity shall be brought to recover any costs under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs reasonable attorneys' fee, the 43 DocuSign Envelope ID: F78362B2-A9BF-44AA-A7EC-5460601 FE396 ainumA of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 0 ' 9. Iliteirated Agreement, This Agreement may be changed or modified only in Writing by ati agreement approved and signed by the parties. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to .the subject of this Agreement, whether oral or Written, are merged herein. IN WITNESS WHEREOF, the parties hereto have executed the foregoing oti the day and year above first given, the Farm Collaboraila Owner By: Eden Vardy DocuSigned by: City of As eti By. spara G. ott 7i 1 J>ttS: Exhibit A —Aspen T•R,E,E, --Lease Agreement {Council Resolution 034.18) Exliibit B — Approved OWI'S Plans 44 45 AMENDMENT TO CONSTRUCTION PAYMENT AGREEMENT This Amendment to the Construction Payment Agreement(" Amendment"), entered into this_______________ day of_____________2025, amends that Construction Payment Agreement between the City of Aspen, Colorado (" City") and the Farm Collaborative , a Colorado non- profit corporation effective January 23rd , 2024 (" Construction Payment Agreement"). RECITALS WHEREAS, the Lessee, leases 14.23 acres from the City of Aspen through an agreement established in 2018, herein referred to as the " Lease", as more fully described in Exhibit A of the Construction Payment Agreement and, WHEREAS, the Farm Collaborative Learning Center development has been reviewed and is supported by the City of Aspen Open Space and Trails Board, and, WHEREAS, the Farm Collaborative was granted approval for a development permit by the Board of County Commissioners in Resolution ##26 of 2021, and, WHEREAS, the Farm Collaborative was granted a Building Permit (BLDG,2626. 2021) and an Earth Moving permit (0010. 2022.PERT) by Pitkin County, WHEREAS, the City entered into a Construction Payment Agreement for the costs of the construction of a wastewater system associated with the Farm Collaborative Learning Center project (Resolution #014 -2025), and, WHEREAS, the construction of the wastewater system was under the projected budget and, as a result, the Farm Collaborative did not use the full amount of funds commited by the City in the Construction Payment Agreement to construct the wastewater system, and, WHEREAS, other infrastructure components of the Farm Collaborative project have exceeded project costs, and, WHEREAS, the City desires to amend the Construction Payment Agreement to allow the remaining funds to be used for materials and labor to construct improvements associated with the project in addition to the installation of the wastewater system under the terms and conditions set forth herein 46 Now, therefore, in consideration of the mutual promises set forth herein the parties agree to amend the Construction Payment Agreement (“CPA”) as follows: 1. An additional section identified as 2.1 shall be included in the CPA following paragraph 2 Reimbursement of Expenses that reads as follows: In addition to the City’s obligation to pay for expenses related to the OWTS, the City shall pay for expenses related to the equipment, materials, and construction of fire suppression improvements, irrigation, and water supply/ treatment systems for the Farm Collaborative Learning Center. Reimbursement of expenses for improvements other than the OWTS shall not exceed $185,000, and the total amount payable by the City under this Agreement shall not exceed a total of $735,000. Reimbursement of expenses pursuant to paragraph 2.1 is contingent on the following conditions: a) The yurt structure and substructure must be removed from the current location. b) The rolling greenhouse will be relocated to the field adjacent to HWY 82. c) The current temporary housing structures will be re-located to a location approved by staff. d) Prior to any payment due under this section, Farm Collaborative shall prepare an invoice for the amounts due and deliver said invoice to the City of Aspen along with all receipts for any material costs. e) These funds may not be used for building fixtures, finishes, furniture, appliances, or any items unrelated to the infrastructure for which payments are authorized herein. 2. Paragraph 4 of the CPA shall be amended to state: Reimbursement of expenses is limited to the installation of the onsite wastewater system and the costs identified in 2.1 and cannot be used for any other portion of the building project. 3. All other terms and conditions of the Lease agreement not expressly modified herein shall remain in full force and effect. 47 City of Aspen, Colorado The Farm Collaborative LLC. By: ___________________________ By: ____________________________ Name Date Name Date 48 MEMORANDUM TO: Mayor and City Council FROM: Michael Gordon, Water Distribution Supervisor, Utilities Ryan Loebach, Deputy Director, Utilities Rob Gregor, Management Analyst, Utilities THROUGH: Erin Loughlin Molliconi, Director of Utilities MEMO DATE: October 7, 2025 MEETING DATE: October 14, 2025 RE: 2nd Reading - Ordinance #12 (Series of 2025) Re: Second Amendment to Water Service Agreement with Music Associates of Aspen _____________________________________________________________________ REQUEST OF COUNCIL: Staff requests approval of Ordinance # 12, Series of 2025, adopting a Second Amendment to the Water Service Agreement (WSA) with Music Associates of Aspen, Inc. (“MAA”). The proposed Amendment to Water Service Agreement provides for infrastructure improvements at the MAA campus, in accordance with MAA’s approved 2008 Master Plan as Amended in 2024, and for certain changes in uses of water service provided by the City of Aspen. The proposed ordinance is attached. PREVIOUS COUNCIL ACTION: City Council approved a WSA dated November 14, 1983, to provide extraterritorial water service to MAA, as well as a second agreement dated March 14, 1994, to provide water service to MAA’s lessee, Aspen Country Day School. City Council also approved an Amendment to those water service agreements dated August 8, 2011 and recorded on March 16, 2012, at Reception Number 587514, to provide additional water service capacity of up to 78.97 equivalent capacity units (ECUs) for the expanded Music School Campus in accordance with MAA’s approved 2008 Master Plan. SUMMARY AND BACKGROUND: The MAA campus comprises almost 39 acres and presently receives City water service pursuant to the 1983 WSA as amended in 2012. The 2012 Amendment to the WSA provided for expanded water service to the Subject Property when re-developed according to the 2008 Master Plan and required MAA to 49 construct certain water system infrastructure, which infrastructure has since been fully and timely constructed, completed, and accepted by the City. On January 10, 2024, pursuant to Pitkin County Board of County Commissioners’ (BOCC) Resolution No. 0003-2024, a copy of which was recorded on January 25, 2024, at Reception Number 700146, Pitkin County approved an amendment to the 2008 Master Plan which authorizes the development of up to six on-site affordable housing units upon the Subject Property MAA currently wishes to confirm treated water service from the City to serve these six affordable housing units when constructed, provided that there will be no overall increase in authorized water service by the City to the Subject Property because this re - development will not exceed prior authorized water service levels pursuant to the 2012 WSA Amendment. MAA has submitted an Application for Water Service Extension (the "Application") for these six housing units and will pay all fees required in connection with the Application. The City Water Department is prepared to approve the Application to continue to provide water service to the Subject Property, including up to six onsite affordable housing units, on the terms and conditions of the 2012 WSA Amendment and as additionally amended by the proposed Second Amendment. DISCUSSION: Key aspects of the proposed Second Amendment to Water Service Agreement include: 1. The parties agree and acknowledge that MAA has previously fully and timely constructed all infrastructure, paid Payment in Lieu of Water Rights and Well System Development charges, and completed all other requirements in exchange for the City’s commitment to serve up to 78.97 ECUs pursuant to the 2012 Amendment to the Water Service Agreement. 2. The 2024 MAA Master Plan Amendment authorizes the development of up to six onsite affordable housing units, two (one two-bedroom apartment, and one one-bedroom apartment) to be located within an existing business building located upon the Subject Property, and the other four (efficiency/studio apartments) to be located within a new building that will replace a storage building now located upon the Subject Property. These six additional housing units will require an estimated 5.60 ECUs of additional water service capacity, which ECUs were previously contemplated such that even with their addition, total water service capacity to the Subject Property will continue to remain at or below the maximum water service levels provided for in the 2012 Water Service Agreement (78.97 ECUs were previously approved, with total annual water deliveries not to exceed 30.96 acre-feet). Any further changes in the treated water requirements for the Subject Property shall require additional approval by the City. 50 3. In consideration of the City’s authorization of water service to the six new onsite housing units pursuant to this Second Amendment, MAA shall be required to design, construct and complete certain additional water system improvements, including a new fire hydrant across Music School Road from Building 6B, a 6- inch ductile iron water line to serve the hydrant, and a tee and valves to connect the new 6-inch water line to the hydrant and the existing 8-inch City water main, as well as abandonment and removal of the existing fire hydrant directly in front of Building 6B. 4. MAA shall also abandon an existing water service line for Building 18, and install two new water service lines, one to serve four units within Building 6B, and another that will serve two units within Build ing 18. MAA will design and construct the new fire hydrant and related infrastructure and abandon the existing fire hydrant and the water service line that serves it, in accordance with and subject to the latest revision of the Water Distribution System Standards published by the City of Aspen Water Department, at MAA's own expense. 5. City Council Resolution No. 5 (Series of 1993), as amended by Resolution No. 49 (Series of 1993) and Resolution No. 9 (Series of 1996) sets forth the City’s policies concerning extraterritorial expansion of municipal water service. Among other things, the extension or expansion of municipal water service must be consistent with and further the goals of the Aspen Area Community Plan (“AACP”). To comply with these requirements, MAA and the City have previously entered into Memorandum of Understanding effective January 1, 2012 concerning affordable housing (the “2012 MOU”). The 2012 MOU remains in full force and effect and the housing units to be developed by MAA pursuant to th is Second Amendment shall apply toward MAA’s affordable housing commitments to the City pursuant to the 2012 MOU. 6. Except as amended or superseded by this Second Amendment, the 2012 Water Service Agreement Amendment (as well as the MAA Agreement and the ACDS Agreement, as defined therein) shall remain in full force and effect. BASIS FOR VENDOR SELECTION: Not Applicable. No procurement activities are required by the City for this project. FINANCIAL IMPACTS: The costs to the City of providing expanded uses and service capacity to the Music School Campus are covered by the assessment of tap fees (per ECU) and Permit Review Fees (by Affected Area) to MAA. In consideration of the City’s agreement to provide water service to the new onsite housing, MAA shall be responsible for the following fees and payments to the City: 1. Tap Fees: Pursuant to the 2012 Amendment to the WSA with MAA, all additional tap fees for treated water service provided for in this Second Amendment to the WSA shall be assessed utilizing the City's prevailing applicable tap fee at the time of 51 application for a building permit for the structure for which service is sought. The fees due to the City pursuant to the current proposal and the City’s 2025 Price Book are estimated as follows; exact values will be assessed and collected on the Utility Connection Permits (UCPs) for the subject structures (Buildings 6A, 6B, and 18): 1.a. Utility Investment Charges = 5.60 ECUs * $19,530/ECU = $109,368 1.b. Payment-in-Lieu of Water Rights Charges = $0 Due - Paid in 2015 1.c. Well System Development Charges = $0 Due - Paid in 2015 2. Processing/Permitting Fees: 2.a. Utilities Development Review Fee = $25,871.71 (for 12,143 sq. ft. of Affected Area) ENVIRONMENTAL IMPACTS: The environmental impacts of the MAA project were considered in the County master planning process, to which the City provided input. ALTERNATIVES: No Amendment to Water Service Agreements: If the water service agreement is not amended, MAA will be unable to implement its Master Plan, as the treated water supplies available under the original agreements do not include ECU allocations for the six new onsite housing units pursuant to this Second Amendment. MAA will be required to revise its Master Plan to reduce its treated water requirements and may not be able to meet its affordable housing commitments made to the City. RECOMMENDATIONS: City Staff recommends that Council enact Ordinance No. 12 (Series of 2025), authorizing the Amendment to Water Service Agreements in the form attached to the proposed ordinance. CITY MANAGER COMMENTS: ATTACHMENTS: Ordinance #12, Series of 2025, Second Amendment to Water Service Agreement Second Amendment to Aspen Music School Water Service Agreements 52 1 ORDINANCE NO. 12 Series of 2025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SECOND AMENDMENT TO THE WATER SERVICE AGREEMENT WITH MUSIC ASSOCIATES OF ASPEN DATED NOVEMBER 14, 1983, AND THE WATER SERVICE AGREEMENT AMONG THE CITY, MUSIC ASSOCIATES OF ASPEN, AND ASPEN COUNTRY DAY SCHOOL DATED MARCH 14, 1994, FOR PROVISION OF TREATED WATER SERVICE OUTSIDE THE CITY LIMITS, BOTH AS AMENDED BY AN AMENDMENT AGREEMENT DATED AUGUST 8, 2011, ADOPTED PURSUANT TO ORDINANCE NO. 23, SERIES OF 2012. WHEREAS, in 1983, City Council entered into a Water Service Agreement with Music Associates of Aspen, a Colorado non-profit corporation ("MAA''), for provision of City treated water service to their property located in Pitkin County, Colorado ("MAA Property"); and WHEREAS, the Aspen Country Day School, a Colorado nonprofit corporation ("ACDS") has operated school facilities located on portions of the MAA Property pursuant a lease agreement with MAA dated August 25, 1992, and is provided water pursuant to a separate Water Service Agreement dated March 14, 1994, between the City and ACDS and MAA; and WHEREAS, the 1983 Water Service Agreement and the 1994 Water Service Agreement are referred to collectively in this Ordinance as the "MAA Water Service Agreements"; and WHEREAS, in 2008, MAA received Pitkin County's approval of a Master Plan for its campus, which provides for demolition of many of the existing buildings on the MAA Property, and construction of new facilities to accommodate the continued use of the campus for educational purposes (2008 Master Plan); and WHEREAS, in 2011, City Council approved an Amendment to the MAA Water Service Agreements, which amendment was dated August 8, 2011 and recorded on March 16, 2012, at 53 2 Reception Number 587514, to provide additional water service capacity of up to 78.97 equivalent capacity units (ECUs) for the expanded Music School Campus in accordance with MAA’s approved 2008 Master Plan (“2012 WSA Amendment”). WHEREAS, on January 10, 2024, pursuant to Pitkin County Board of County Commissioners’ (BOCC) Resolution No. 0003-2024, recorded on January 25, 2024, at Reception Number 700146, Pitkin County approved an amendment to the 2008 Master Plan which authorizes the development of up to six on-site affordable housing units upon the Subject Property; and WHEREAS, MAA currently wishes to confirm treated water service from the City to serve these six affordable housing units when constructed, provided that there will be no overall increase in authorized water service by the City to the Subject Property because this re-development will not exceed prior authorized water service levels pursuant to the 2012 WSA Amendment. WHEREAS, MAA has submitted an Application for Water Service Extension (the "Application") for these six housing units and will pay all fees required in connection with the Application. The City Water Department is prepared to approve the Application to continue to provide water service to the Subject Property, including up to six onsite affordable housing units, on the terms and conditions of the 2012 WSA Amendment and as additionally amended by this proposed Second Amendment. WHEREAS, Except as amended or superseded by this Second Amendment, the 2012 WSA Amendment (as well as the MAA Agreement and the ACDS Agreement, as defined therein) shall remain in full force and effect. WHEREAS, ACDS concurs with the proposed Second Amendment, the water system improvements and expansion of water service sought by MAA; and 54 3 WHEREAS, City staff have determined that the proposed infrastructure improvements and expanded water service requested by MAA, if provided in accordance with the proposed Second Amendment to Water Service Agreements, comply with the requirements of the Municipal Code of the City of Aspen, Colorado (the "Code"), and with the requirements of the City's Water Service Extension Policy, which permits water service extension only upon demonstration that such extension will meet the policy goals and requirements of Resolution No. 5, Series of 1993, as amended (codified at Section 25.12.020(b) of the Aspen Municipal Code, as the same may be further amended from time to time); and WHEREAS, the City Council has had an opportunity to review with City staff the terms and conditions of the proposed infrastructure improvements and expanded water service requested by MAA; and WHEREAS, City Council has determined that the health, safety, and general welfare of the citizens, residents, and visitors of the City of Aspen will be served by this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT Section 1. The City Council of the City of Aspen hereby determines that the proposed Second Amendment to Water Service Agreements, authorizing additional water system infrastructure and improvements, and expanded water service to MAA, all as described in the Second Amendment to Water Service Agreements, is in the best interest of the City, and complies with requirements of the Municipal Code of the City of Aspen, Colorado (the "Code"), and with the requirements of the City's Water Service Extension Policy, and the City Council approves the Second Amendment to Water Service Agreements attached hereto and incorporated herein by 55 4 reference and authorizes the City Manager to execute such agreement. Section 2. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4. A public hearing on the ordinance shall be held on the 14th day of October 2025, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 6th day of October 2025. ___________________________ Rachael Richards, Mayor Attest: ___________________________ Nicole Henning, City Clerk FINALLY ADOPTED, PASSED AND APPROVED this 14th day of October, 2025. ___________________________ Rachael Richards, Mayor Attest: ___________________________ Nicole Henning, City Clerk 56 57 58 59 60 61 62 Board Interviews HPC - (2 alternate openings) Kyle Ford – in person Kids First Advisory Board - (1 alternate opening) Jacqueline Matthews – in person Wheeler - (1 regular opening) Chip Fuller – in person (reapplying) David Crowley – in person ** Other Board & Commission openings  Board of Adjustment – 1 Alternate  Building Code Board of Appeals – 1 Regular & 1 Alternate 63 Supply Procurement Page 0 Updated 08/2025 Golf Carts Purchase CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Contract No.: 2025-184 AGREEMENT made the 9th day of September, 2025. BETWEEN the City: Contract Amount: The City of Aspen 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Colorado Golf & Turf, Inc. 11757 S. Wadsworth Blvd. Littleton, CO 80125 US 303-761-3332 drew@cologolfandturf.com For the Following Project: Exhibits appended and made a part of this Agreement: The City and Vendor agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $100,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: Resolution No.: Exhibit A: List of supplies, equipment, or materials to be purchased. Total: $ 562,989.12 Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2025-139 10/14/2025 1664 Supply Procurement Page 1 Updated 08/2025 1.Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A The City and Vendor agree as set forth below. 1.Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2.Delivery. (FOB Aspen Golf Club 39551 CO-82 Aspen, CO 81611) [Delivery Address] 3.Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4.Warranties. See Exhibit A. 5.Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6.Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7.Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8.Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9.Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 1765 Supply Procurement Page 2 Updated 08/2025 10.Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11.Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12.Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (A)Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. (B)Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (C)Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (D)In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1.Cancel this Purchase Agreement without any liability by the City; 2.Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3.Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 1866 Supply Procurement Page 3 Updated 08/2025 4.Recover such value from the offending parties. 13.Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14.Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City using state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15.City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $100,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16.Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City’s municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and federal laws respecting discrimination and unfair employment practices. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: (a)Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment-related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b)Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c)Incorporate the foregoing provisions in all subcontracts hereunder. 17.Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 1967 Supply Procurement Page 4 Updated 08/2025 understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18.Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 19.Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 20. Order of Precedence of Contract Documents. The terms and conditions set forth in the City of Aspen Standard Form of Agreement establish the rights, obligations, and remedies of the parties. No additional or different terms or conditions, whether contained in bid packets, documents, order forms, or any other document or communication pertaining to the agreement will be binding upon the City of Aspen unless accepted in writing by an authorized representative of the City. In the case of conflicts or inconsistencies between the City of Aspen Standard Form of Agreement and any other document attached thereto which cannot be resolved by giving effect to both provisions, the City of Aspen Standard Form of Agreement shall control. The Professional in performing the Services hereunder must comply with all applicable provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101, et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR 1501-11. Services rendered hereunder that use information and communication technology, as the term is defined in Colorado law, including but not limited to websites, applications, software, videos, and electronic documents must also comply with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2068 Supply Procurement Page 5 Updated 08/2025 information and communication technology used, created, developed, or procured in connection with the Services hereunder meets these standards, Professional may be required to demonstrate compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section above in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or the Technology Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2169 Supply Procurement Page 6 Updated 08/2025 FOR THE CITY OF ASPEN: By: ___________________________ _______________________________ Date _______________________________ City Attorney’s Office SUPPLIER: ___________________________ By:________________________________ ___________________________________ Title ___________________________________ Date IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein, of which, to all intents and purposes, shall be considered as the original. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9 9/22/2025 | 1:17:06 PM PDT Vice President of Sales Drew Hunter Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2270 September 22, 2025 Request for Proposals 2025-184 Golf Carts Lease or Purchase Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2371 September 22, 2025 Aspen Golf Club 39551 CO-82 Ste 1 Aspen, CO 81611 Jim, On behalf of Colorado Golf & Turf, Inc. and Club Car, thank you for the opportunity to present proposal information to Aspen Golf Club for the 2026 season. Colorado Golf & Turf, Inc. appreciates the opportunity to again partner with Aspen Golf Club and will strive to continue to earn your business. Club Car takes pride in not only our products, but also our commitment to customer service and satisfaction. It is this combination of uncompromising quality, reliability, and service that has made Club Car one of the most respected companies in the golf industry for more than 60 years and a valued partner with thousands of facilities around the world. If you have questions about any aspect of this information or if you would like to discuss additional ways we might meet your needs, please do not hesitate to reach out. Best Regards, Drew Hunter Vice President of Sales Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2472 September 22, 2025 Company Profile Colorado Golf & Turf, Inc has been servicing Colorado’s golf and utility market for over 35 years. Tom Bauerle founded Colorado Golf & Turf, Inc in 1983. Our mission is to provide the highest quality product and service to our customers. We pride ourselves on the relationships we have formed with customers across the states of Colorado, Wyoming, and Nebraska. From fleets to street-legal golf carts to turf equipment, Colorado Golf & Turf, Inc is determined to provide you a quality buying experience. Colorado Golf & Turf, Inc specializes in providing a golf car and service that fits your course’s specific needs. We have built relationships with golf courses, management companies, and vendors to make your job easier. Our experience will help you provide the end user and unforgettable golf experience. Products – Club Car's golf, utility and transportation vehicles are recognized as industry leaders in efficiency and long-lasting value. Today, more than 40 base models with applications in golf course, grounds maintenance, industrial, commercial, and recreational markets are available. Club Car repeatedly leads the industry, a fact many attributes to the company's winning style and state-of-the- art engineering. The preparation Club Car has made for tomorrow will serve you well today and in the years to come. Service – Colorado Golf & Turf, Inc has made an investment in our service and parts departments that is unmatched in the state of Colorado. In 2017, Club Car awarded Colorado Golf & Turf, Inc. with the “Golf Distributor Service” award. We have more technicians, a larger inventory of parts, and faster response times than any of our local competitors. We make sure every single customer is a satisfied one. Customers - Colorado Golf and Turf, Inc. will provide at no cost on-site training for your personnel on the necessary routine maintenance procedures for your new equipment. This will include setting up maintenance records for each piece of equipment, which can be invaluable for liability purposes. References are available upon request. To positively impact our community by developing lasting relationships, offering exceptional products, and providing first-class service. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2573 September 22, 2025 Partnerships Colorado PGA REACH works daily to support our PGA Professionals to make a difference in our local communities. Colorado PGA REACH programming ensures that regardless of your age or background, cost will never inhibit one’s involvement and enjoyment of the game of golf. Younglife Introducing adolescents to Jesus Christ and helping them grow in their faith. Every Heart Foundation mission is to reduce cardiovascular disease in young Americans, through advanced diagnostic testing, comprehensive education, and ground-breaking research. Hope House of Colorado empowers parenting teenage moms to strive for personal and economic self-sufficiency and to understand their significance in God’s sight, resulting in a healthy future for them, and for their children. Colorado Uplift mission is building long-term, life-changing relationships with urban youth. The Dolphin House and the entire 7th Judicial District Multidisciplinary Team is to educate, advocate, and protect victims of child abuse. Infinite Hero’s pledge to those who have risked their lives is to reward their sacrifice and bravery with support that articulates our gratitude. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2674 September 22, 2025 Equipment Information Aspen Golf Club Club Car’s new second generation Lithium Ion power-train has started hitting the course. The Tempo Li-Ion vehicle provides best in class range, performance, and safety while delivering a lower total cost of ownership. The new AC Li-Ion battery system ensures golf course operators have confidence in achieving 36+ holes on one charge. In addition to superior range, the Club Car Tempo Li-Ion battery requires minimal maintenance when compared to flooded lead acid (FLA) batteries. Lithium Ion batteries last longer (Figure 1, below) and can save golf courses up to 50% in electricity costs. Club Car Lithium Ion Features and Benefits • Zero Maintenance Battery • Set and Forget Extended Storage • Over-the-air (OTA) Updates - Maximize operational efficiency and minimize downtime when your fleet is connected with Club Car Connect • Vehicle Control Module (VCM) - Increase vehicle uptime and reduce labor time. Real time health status of vehicle helps identify issues before they arise. • Handheld Bluetooth® Diagnostic Tool - Maximize vehicle up time. Quick serviceability keeps your fleet running by analyzing and configuring all electrical subsystems with one simple tool. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2775 September 22, 2025 Proposal Pricing Lithium Ion Fleet Option In the above scenario, Colorado Golf & Turf Inc. agrees to provide Aspen Golf Club with these two services: • Pick-up and store tweleve of Aspen Golf Club’s fleet during the winter months. • Provide Aspen Golf Club with FREE USE of two Club Car Tempo Walk autonomous carts for the duration of the lease or purchase. The above figures do not include any applicable state sales, personal property, or local use taxes. Equipment Cash Price Quantity Extended 2026 Club Car Tempo Lithium-Ion 8,395.06$ 72 604,444.32$ 2021 E-Z-GO RXV Lithium (2,950.00)$ 60 (177,000.00)$ 7,500.00$ 434,944.32$ Trade-In Information Storage Information GRAND TOTAL Delivery, pickup, and storage Accepted by, Signature Title Date Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2876 September 22, 2025 Visage Information The below pricing is based on 72 cars at Aspen Golf Club. You can split the cost into a rental agreement or pre-pay (and own) the hardware for for years. • Outright Purchase – one-time amount of $128,044.80. Aspen Golf Club would pre-pay for all hardware, setup, and technicial support; and own the equipment. Golfer Experience • Hole Overviews • Touch screen for distance • Dynamic distances to pins and POIs • Tee shot distance • Blind tee shot / car ahead • Pin placement manager • Food & Beverage Car Tracking • Real time vehicle position and location tracking • Pace of Play tracking & reporting • Vehicle performance tracking • Find car • Real time messaging • Fleet rotation • Energy unit tracking • Vehicle drive history of use tracking Car Control • Action zone Speed Control • Action zone messaging • Fleet lock down • Geofencing software options to slow and stop carts • Cart path only • Anti-tamper • Notifications • Vehicle drive history Additional Visage features Club Car, announced an all-new integration of Club Car Connect with ezLocator, the industry leader in daily pin placement management. This new partnership enables superintendents to manage pin locations with speed and precision. At the same time, golfers will enjoy exact yardages seamlessly delivered to their Club Car golf car updated through the cloud with the new integration. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 2977 September 22, 2025 Terms & Conditions for Vehicle Return Aspen Golf Club agrees to accept sole responsibility for any loss or damage to its returned cars beyond ordinary wear due to normal use. The returned cars must meet the following conditions: 1.) All cars must be free of all liens and encumbrances. 2.) All cars must be capable of running at least 9 holes of golf. 3.) All cars must be the same quantity and year model as originally evaluated. 4.) All cars must be clean, and free of trash, scorecards, pencils, tees, etc. 5.) All cars must have a working charger. 6.) All cars must have four serviceable tires that retain proper air pressure. 7.) All cars must steer properly in all directions. 8.) All batteries must be free of corrosion, and properly filled with water. 9.) All vehicles with the below damaged or broken components will reduce the trade-in value by the following values: a. Windshield - $150, Front body - $250, Rear body - $400, Underbody - $300, Sweater basket - $200, Seat bottom - $250, Seat back - $150, Canopy top - $250 Service & Parts Full Warranty and Post-Warranty Maintenance Colorado Golf & Turf, Inc. has five full-time Road Service Technicians that cover the state of Colorado. Our Technicians will be scheduled to perform courtesy service calls at Aspen Golf Club every two weeks during the months of April through October. In the months of November through March, Colorado Golf & Turf, Inc. will make service calls to Aspen Golf Club based on a request from the course. During these courtesy service calls the technician will perform warranty work, service inspections, and updates as needed. All warranty work will be performed by Colorado Golf & Turf, Inc. staff. Any service work (non-warranty) will need to be approved by Aspen Golf Club personnel prior to any work being performed. We ask The Aspen Golf Club staff to help us monitor and log issues or damages experienced with the fleet; this will help Colorado Golf & Turf, Inc. be more efficient in repairs during courtesy service calls. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 3078 September 22, 2025 Club Car Warranty Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 3179 September 22, 2025 References Vail Golf Club 2024 Club Car Tempo Lithium Ion fleet with Visage Director of Golf – Trey Johnson 1775 Sunburst Dr, Vail, CO 81657 (970)479-2260 tjohnson@vailrec.com Haymaker Golf Course 2020 Club Car Tempo Lithium Ion fleet Head Golf Professional – Cody Hasten 34855 US-40, Steamboat Springs, CO 80487 (970) 870-1846 chasten@haymakergolf.com Fossil Trace Golf Club 2024 Club Car Tempo Lead Acid fleet with Visage Head Golf Professional – Adam Finch 3050 Illinois St, Golden, CO 80401 (303)277-8750 afinch@cityofgolden.net City of Westminster 2025 Club Car Tempo Lithium Ion fleet with Visage Head Golf Professional – Joe Carlton 1801 Legacy Ridge Parkway, Westminster, CO 80031 (303)658-2821 jcarlton@westminsterco.gov City of Grand Junction 2020 Club Car Tempo Lithium Ion fleet with Visage Director of Golf – Tim Tafoya 2057 S Broadway, Redlands, CO 81507 (970)254-3830 timt@gjcity.org Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 3280 September 22, 2025 Exclusive Features Rental Discount Colorado Golf & Turf provides Club Car customers a discount on rental golf cars. Customers receive cars for $36 each, versus $45 each for non-Club Car accounts. Tempo Walk Tempo walk allows golfers to not have to worry about pushing and pulling a handcart or carrying their clubs, they can focus on everything that first attracted them to the game: the traditions, strategy, competition, and friendship found in a foursome. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 3381 September 22, 2025 Thank You Aspen Golf Club. Docusign Envelope ID: 5F79DAD2-70CF-4CA7-8FBB-D702D8D391D9Docusign Envelope ID: 6AD9297C-ED6A-4661-A2F3-EE1D081B2548 3482 ORDERING DOCUMENT      Oracle America, Inc.   500 Oracle Parkway   Redwood Shores, CA   94065            Name   CITY OF ASPEN     Contact   Tyler Sexton   Address   427 Rio Grande Place   ASPEN  CO   81611     Phone Number Email Address   970-920-5044  tyler.sexton@aspen.gov      Renew Subscription Term: 17-Nov-2025 to 16-Nov-2026   Services Period: 12 months Cloud Services Data Center Region Quantity Term Unit Net Price Net Fee B84260 - Oracle Talent Acquisition for Midsize Cloud Service - Hosted Employee NORTH AMERICA 1000 12 mo 0.45 5,388.77 B84261 - Oracle Talent Management for Midsize Cloud Service - Hosted Named User NORTH AMERICA 1000 12 mo 0.22 2,694.38 B77399 - Oracle Test Environment for Oracle TBE Cloud Service - Test Environment NORTH AMERICA 1 12 mo 347.61 4,171.31 Subtotal 12,254.46       Fee Description Net Fee Cloud Services Fees 12,254.46 Net Fees 12,254.46 Total Fees 12,254.46 CPQ-4035876 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   1   of   3   1083 A. Terms of Your Order 1. Applicable Agreement: a. Public Sector Agreement for Cloud Services US-CSA-CPQ-4035876 2. Cloud Payment Terms: a. Net 30 days from invoice date 3. Cloud Payment Frequency: a. Quarterly in Arrears 4. Currency: a. US Dollars 5. Offer Valid through: a. 17-NOV-2025 6. Service Specifications a. The Service Specifications applicable to the Cloud Services and the Consulting/Professional Services ordered may be accessed at http:// www.oracle.com/contracts. 7. Services Period a. The Services Period for the Services commences on the date stated in this order. If no date is specified, then the "Cloud Services Start Date" for each Service will be the date that you are issued access that enables you to activate your Services, and the "Consulting/Professional Services Start Date" is the date that Oracle begins performing such services. B. Additional Order Terms 1. Linking Language You acknowledge and agree that the terms and conditions of this document are contingent upon the simultaneous execution of the document (s) with the footer(s) CPQ-4007235, CPQ-4030617, CPQ-4036048, CPQ-4036051 between the parties (the "Contingent Document(s)"). If the parties do not simultaneously execute the Contingent Document(s) with this document, then this document shall be deemed to have no legal effect, even if executed. CPQ-4035876 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   2   of   3   1184        CITY OF ASPEN    Oracle America, Inc.      Signature   {{*_es_signer1_signature }}    Signature       Name   {{*_es_signer1_fullname }}    Name       Title   {{*_es_signer1_title }}    Title       Signature Date   {{*_es_signer1_date }}    Signature Date              SPACE SPACE BILL TO / SHIP TO INFORMATION SPACE SPACE   Bill To    Ship To     Customer Name  CITY OF ASPEN     Customer Name  CITY OF ASPEN           Customer Address  427 Rio Grande Place ASPEN  CO 81611    Customer Address  427 Rio Grande Place ASPEN  CO 81611            Contact Name  Tyler Sexton    Contact Name  Tyler Sexton   Contact Phone  970-920-5044   Contact Phone  970-920-5044  Contact Email  tyler.sexton@aspen.gov   Contact Email  tyler.sexton@aspen.gov  CPQ-4035876 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   3   of   3   Contract Specialist III Denzel Brown 26-Sep-2025 | 10:20 AM PDT 1285 ORDERING DOCUMENT      Oracle America, Inc.   500 Oracle Parkway   Redwood Shores, CA   94065            Name   CITY OF ASPEN     Contact   Tyler Sexton   Address   427 Rio Grande Place   ASPEN  CO   81611     Phone Number Email Address   970-920-5044  tyler.sexton@aspen.gov      Renew Subscription Term: 17-Nov-2025 to 16-Nov-2027   Services Period: 24 months Cloud Services Data Center Region Quantity Term Unit Net Price Net Fee B86836 - Oracle Fusion Financials Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 3.47 83,293.96 B84490 - Oracle Additional Test Environment for Oracle Fusion Cloud Service - Each NORTH AMERICA 1 24 mo 3,231.90 77,565.60 B86838 - Oracle Fusion Expenses Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 0.34 8,252.98 B86840 - Oracle Fusion Automated Invoice Processing Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 0.34 8,252.98 B86841 - Oracle Fusion Document Recognition Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 0.34 8,252.98 B86843 - Oracle Fusion Purchasing Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 0.62 14,892.60 B86848 - Oracle Fusion Self Service Procurement Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 0.16 3,723.15 B85800 - Oracle Fusion Human Capital Management Base Cloud Service - Hosted Employee NORTH AMERICA 1000 24 mo 1.85 44,367.52 B86668 - Oracle Cloud Priority Support for SaaS NORTH AMERICA 1 24 mo 380.98 9,143.57 B75365 - Oracle Fusion Time and Labor Cloud Service - Hosted Named User NORTH AMERICA 1000 24 mo 0.74 17,729.28 CPQ-4030617 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   1   of   4   686 Services Period: 24 months Cloud Services Data Center Region Quantity Term Unit Net Price Net Fee B86668 - Oracle Cloud Priority Support for SaaS NORTH AMERICA 1 24 mo 527.79 12,666.86 Subtotal 288,141.48     Expansion at Renewal Term: 16-Nov-2027   Services Period: 24 months Cloud Services Data Center Region Quantity Term Unit Net Price Net Fee B110329 - Oracle Fusion Payroll Core Cloud Service - Hosted Compensated Individual NORTH AMERICA 1000 24 mo 1.22 29,338.85 B86669 - Oracle Cloud Priority Support for SaaS: Base Fee NORTH AMERICA 1 24 mo 1,250.00 30,000.00 Subtotal 59,338.85       Fee Description Net Fee Cloud Services Fees 347,480.33 Net Fees 347,480.33 Total Fees 347,480.33 CPQ-4030617 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   2   of   4   787 A. Terms of Your Order 1. Applicable Agreement: a. Public Sector Agreement for Cloud Services US-CSA-CPQ-4030617 2. Cloud Payment Terms: a. Net 30 days from invoice date 3. Cloud Payment Frequency: a. Quarterly in Arrears 4. Currency: a. US Dollars 5. Offer Valid through: a. 17-NOV-2025 6. Service Specifications a. The Service Specifications applicable to the Cloud Services and the Consulting/Professional Services ordered may be accessed at http:// www.oracle.com/contracts. 7. Services Period a. The Services Period for the Services commences on the date stated in this order. If no date is specified, then the "Cloud Services Start Date" for each Service will be the date that you are issued access that enables you to activate your Services, and the "Consulting/Professional Services Start Date" is the date that Oracle begins performing such services. B. Additional Order Terms 1. Non-Appropriation In the event funds are not appropriated for a new fiscal year period, You may terminate this order immediately without penalty or expense; provided, however, that: (a) for each of the 12-month terms of the order, You must provide a purchase order, and (b) Your issuance of each 12-month purchase order shall signify to Oracle that all funds for the given 12-month term have been fully appropriated and encumbered. Notwithstanding the foregoing, You agree to pay for all Services performed by Oracle prior to Oracle's receipt of Your notice of non-appropriation. CPQ-4030617 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   3   of   4   888        CITY OF ASPEN    Oracle America, Inc.      Signature   {{*_es_signer1_signature }}    Signature       Name   {{*_es_signer1_fullname }}    Name       Title   {{*_es_signer1_title }}    Title       Signature Date   {{*_es_signer1_date }}    Signature Date              SPACE SPACE BILL TO / SHIP TO INFORMATION SPACE SPACE   Bill To    Ship To     Customer Name  CITY OF ASPEN     Customer Name  CITY OF ASPEN           Customer Address  427 Rio Grande Place ASPEN  CO 81611    Customer Address  427 Rio Grande Place ASPEN  CO 81611            Contact Name  Tyler Sexton    Contact Name  Tyler Sexton   Contact Phone  970-920-5044   Contact Phone  970-920-5044  Contact Email  tyler.sexton@aspen.gov   Contact Email  tyler.sexton@aspen.gov  CPQ-4030617 - 1 Issued by Oracle America, Inc.    25-SEP-2025   Page   4   of   4   Director James Kamm 26-Sep-2025 | 12:07 PM PDT 989