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HomeMy WebLinkAboutresolution.council.156-25RE SOLUTION # 15 6 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, VOIDING A CONTRACT BETWEEN THE CITY OF ASPEN AND ORACLE AMERICA APPROVED VIA RESOLUTION # 13 8, SERIES OF 2025, AND APPROVING A NEW CONTRACT BETWEEN THE CITY OF ASPEN AND ORACLE AMERICA, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO, WHEREAS, on October 14th9 20259 the City Council of the City of Aspen approved Resolution #138, Series of 2025, authorizing the City Manager to sign a contract between the City of Aspen and Oracle America; and, V�►THEREAS, the vendor notified the City that the contract approved via Resolution # 13 8 was the wrong form of contract and requested that the contract be voided and replaced with the correct form of contract; and WHEREAS, Oracle America has been submitted a new form of contract to the City of Aspen 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," «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. That the Contract approved via Resolution # 13 8, Series of 2025 is hereby rendered null and void. RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City of Aspen on the 2nd day of T�PCPmhPr_ � n� 5 _ 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 2nd day of December, 2025. 111006 0000� //(I/,, U* Nicole Herx�Cing, City Clerk Docusign Envelope ID: 4BACC25A-EFCE-4C9F-964D-038195DB59EE �IA�L+�. frFTiii� CITY OF ASPEN Address 427 Rio Grande Place ASPEN CO 81611 Renew Subscription Term: 17-Nov-2025 to 16-Nov-2027 ervices Period: 24 months Contact I��"t•7iT:��1Rii1: Email Address Oracle America, Inc. 500 Oracle Parkway Redwood Shores, CA 94065 Tyler Sexton 970-920-5044 tyler.sexton@aspen.gov Data Center Cloud Services Quantity Term Unit Net Price Net Fee Region B86836 -Oracle Fusion Financials NORTH 1000 24 mo 3.47 83,293.96 Cloud Service -Hosted Employee AMERICA B84490 -Oracle Additional Test NORTH Environment for Oracle Fusion Cloud AMERICA 1 24 mo 3,231.90 77,565.60 Service -Each 386838 -Oracle Fusion Expenses NORTH 1000 24 mo 0.34 8,252.98 loud Service -Hosted Employee AMERICA 386840 -Oracle Fusion Automated NORTH nvoice Processing Cloud Service - AMERICA 1000 24 mo 0.34 8,252.98 hosted Employee 386841 -Oracle Fusion Document NORTH Zecognition Cloud Service -Hosted AMERICA 1000 24 mo 0.34 8,252.98 mployee 386843 -Oracle Fusion Purchasing NORTH 1000 24 mo 0.62 14,892.60 loud Service -Hosted Employee AMERICA 386848 -Oracle Fusion Self Service NORTH 'rocurement Cloud Service -Hosted AMERICA 1000 24 mo 0.16 3,723.15 mployee 385800 -Oracle Fusion Human NORTH ;apital Management Base Cloud AMERICA 1000 24 mo 1.85 44,367.52 service -Hosted Employee 686668 -Oracle Cloud Priority NORTH 1 24 mo 380.98 9,143.57 support for SaaS AMERICA �75365 -Oracle Fusion Time and NORTH abor Cloud Service -Hosted Named AMERICA 1000 24 mo 0.74 17,729.28 Iser Contract Order Reference: 11101910.a3 Issued by Oracle America, Inc. 24-NOV-2025 Page 1 of 4 Docusign Envelope ID: 4BACC25A-EFCE-4C9F-964D-038195DB59EE Services Period: 24 months Data Center Cloud Services Quantity Term Unit Net Price Net Fee Region B86668 -Oracle Cloud Priority NORTH 1 24 mo 527.79 12,666.86 Support for SaaS AMERICA Subtotal 288,141.48 Expansion at Renewal Term: 16-Nov-2027 Services: Period: 24 months Data Center Cloud Services. Quantity Term ` Unit Net Price Net Fee Region B110329 -Oracle Fusion Payroll Core NORTH Cloud Service -Hosted Compensated 1000 24 mo 1.22 29,338.85 Individual AMERICA B86669 -Oracle Cloud Priority Support for SaaS: Base Fee NORTH AMERICA 1 24 mo Subtotal 1,250.00 30,000.00 59,338.85 Fee Description Net Fee Cloud Services Fees 347,480.33 Net Fees 347,480.33 Total Fees 347,480.33 Contract Order Reference: 11101910.a3 Issued by Oracle America, Inc. 24-NOV-2025 Page 2 of 4 Docusign Envelope ID: 46ACC25A-EFCE-4C9F-964D-038195DB59EE A. Terms of Your Order 1. Applicable Agreement: a. Public Sector Agreement for Cloud Services US-CSA-CPQ-3839655 effective 29-APR-2025 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. 10-DEC-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. Accessibility and Accessibility Indemnification Oracle shall comply with the Accessibility Standards for Individuals with a Disability, as adopted by the Office of Information Technology ("OIT") pursuant to §24-85-103, C.R.S. and as elaborated in the OIT's Vendor Accessibility Guide as of November 21, 2025. Oracle makes its Accessibility Compliance Reports available at oracle.com/accessibility and for those products that do not have published Accessibility Compliance Reports, Oracle will meet with You on an annual basis, upon your written request, to review Oracle's accessibility plan for such products. Oracle shall indemnify, hold harmless, and assume liability on behalf of You, and Your elected officials, employees and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by You in relation to Oracle's noncompliance with accessibility standards for an individual with a disability adopted by OIT pursuant to Section §§ 24-85-103, C.R.S. and as elaborated in the OIT's Vendor Accessibility Guide as of November21, 2025. 2. 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 footers) 11101910.a2 between the parties (the "Contingent Documents)"). If the parties do not simultaneously execute the Contingent Documents) with this document, then this document shall be deemed to have no legal effect, even if executed. 3. 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. Contract Order Reference: 11101910.a3 Issued by Oracle America, Inc. 24-NOV-2025 �.. Docusign Envelope ID: 4BACC25A-EFCE-4C9F-964D-038195DB59EE CITY O F AS P E N � Signed by: Signature Name Title Pc�, �{-v�c,v� Pete Strecker City Manager Signature Date 12/3/2025 � 12:44:54 PM MST Bill To Customer Name (Customer Address Contact Name Contact Phone Contact Email CITY OF ASPEN 427 Rio Grande Place ASPEN CO 81611 Tyler Sexton 970-920-5044 Oracle America, Inc. Signature Name Title Signature Date BILL TO /SHIP TO INFORMATION tyler.sexton@aspen.gov Ship To Customer Name Customer Address Contact Name Contact Phone Contact Email Signed by: ,�OUMt.S wt James Kamm Director 24-Nov-2025 � 4:54 PM PST CITY OF ASPEN 427 Rio Grande Place ASPEN CO 81611 Tyler Sexton 970-920-5044 tyler.sexton@aspen.gov Contract Order Reference: 11101910.a3 Issued by Oracle America, Inc. 24-NOV-2025 Page 4 of 4 Docusign Envelope ID: 4BACC25A-EFCE-4C9F-964D-038195DB59EE �? docusign. Certificate Of Completion Envelope Id: DBF33C91-676D-4DC0-9C3B-C3817EA2C683 Subject: Complete with Docusign Sales Rep Letter FY26: CITY OF ASPEN_24-11-202imp df Oracle Health company name for term: Ace Program Travel: Popeyes OMA name: SR #: Popeyes OMA name(1): BR Cust ID: Source Envelope: Document Pages: 4 Signatures Certificate Pages: 2 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Disabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 11 /24/2025 4:14:31 PM Signer Events James Kamm james.kamm@oracle.com Director 11/19/ Signing Group: Signature -request -Hamer us@oracle.com Security Level: Email, Account Authentication (None), Login with SSO Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed it Holder: Dinesh D dinesh.dasari@oracle.com Signature Signed by: 854ECB514F3E46C... Signature Adoption: Pre -selected Style Using IP Address: 192.33.242.93 Signature Status Status Status Status Status Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Status: Completed Envelope Originator: Dinesh D 500 Oracle Pkwy Redwood City, CA 94065-1675 dinesh.dasari@oracle.com IP Address: 192.188.171.47 Location: Docusign Timestamp Sent: 11/24/2025 4:15:59 PM Viewed: 11/24/2025 4:54:03 PM Signed: 11/24/2025 4:54:07 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 11/24/2025 4:16:03 PM 11 /24/2025 4:54:03 PM 11 /24/2025 4:54:07 PM 11/24/2025 4:54:07 PM Docusign Envelope ID: 4BACC25A-EFCE4C9F-964D-038195DB59EE Payment' Events Status Timestamps' Docusign Envelope ID: BD1 E8428-19F8-40B0-BC52-D3E0052DF894 Name CITY OF ASPEN Address 427 Rio Grande Place ASPEN CO 81611 Renew Subscription Term: 17-Nov-2025 to 16-Nov-2026 Services Period: 12 months Contact Phone Number Email Address Oracle America, Inc. 500 Oracle Parkway Redwood Shores, CA 94065 Tyler Sexton 970-920-5044 tyler.sexton@aspen.gov Data Center d Services Quantity Term Unit Net Price Net Fee Region B84260 -Oracle Talent Acquisition for NORTH Midsize Cloud Service -Hosted 1000 12 mo 0.45 5,388.77 AMERICA Employee B84261 -Oracle Talent Management NORTH for Midsize Cloud Service -Hosted 1000 12 mo 0.22 2,694.38 Named User AMERICA 677399 -Oracle Test Environment for NORTH Oracle TBE Cloud Service -Test 1 12 mo 347.61 4,171.31 Environment AMERICA Subtotal 12,254.46 Fee Description Net Fee Cloud Services Fees 12,254.46 Net Fees 12,254.46 Total Fees 12,254.46 Contract Order Reference: 11101910.a2 Issued by Oracle America, Inc. 24-NOV-2025 Page 1 of 3 Docusign Envelope ID: BD1 E8428-19F8-40B0-BC52-D3E0052DF894 A. Terms of Your Order 1. Applicable Agreement: a. Public Sector Agreement for Cloud Services US-CSA-CPQ-3839655 effective 29-APR-2025 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. 10-DEC-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. Accessibility and Accessibility Indemnification Oracle shall comply with the Accessibility Standards for Individuals with a Disability, as adopted by the Office of Information Technology ("OIT") pursuant to §24-85-103, C.R.S. and as elaborated in the OIT's Vendor Accessibility Guide as of November 21, 2025. Oracle makes its Accessibility Compliance Reports available at oracle.com/accessibility and for those products that do not have published Accessibility Compliance Reports, Oracle will meet with You on an annual basis, upon your written request, to review Oracle's accessibility plan for such products. Oracle shall indemnify, hold harmless, and assume liability on behalf of You ,and You relected officials, employees and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by You in relation to Oracle's noncompliance with accessibility standards for an individual with a disability adopted by OIT pursuant to Section §§ 24-85-103, C.R.S. and as elaborated in the OIT's Vendor Accessibility Guide as of November 21, 2025. 2. 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 footers) 11101910.a3 between the parties (the "Contingent Documents)"). If the parties do not simultaneously execute the Contingent Documents) with this document, then this document shall be deemed to have no legal effect, even if executed. Contract Order Reference: 11101910.a2 Issued by Oracle America, Inc. 24-NOV-2025 Page 2 of 3 Docusign Envelope ID: BD1 E8428-19F8-40B0-BC52-D3E0052DF894 CITY O F AS P E N Signed by: Signature ���' �� 7753E0500940430... Name Pete Strecker Title City Manager Signature Date 12/3/2025 � 12:44:33 PM MST Bill To Customer Name (Customer Address Contact Name Contact Phone Contact Email CITY OF ASPEN 427 Rio Grande Place ASPEN CO 81611 Tyler Sexton 970-920-5044 Oracle America, Inc. Signature [�Fi"it� Title Signature Date BILL TO /SHIP TO INFORMATION tyler.sexton@aspen.gov Ship To Customer Name Customer Address Contact Name Contact Phone Contact Email Signed by: James Kamm Director 24-Nov-2025 � 4:54 PM PST CITY OF ASPEN 427 Rio Grande Place ASPEN CO 81611 Tyler Sexton 970-920-5044 tyler.sexton@aspen.gov Contract Order Reference: 11101910.a2 Issued by Oracle America, Inc. 24-NOV-2025 Page 3 of 3 Docusign Envelope ID: BD1 E8428-191`840130-BC52-D3E0052DF894 docusign. Certificate of Completion Envelope Id: 2AOA4973-62AE-46A7-9DE7-OCF4DAC3C16F Subject: Complete with Docusign: CITY OF ASPEN_24-11-2025..pdf Sales Rep Letter FY26: Oracle Health company name for term: Ace Program Travel: Popeyes OMA name: SR #: Popeyes OMA name(1): BR Cust ID: Source Envelope: Document Pages: 3 Signatures: 1 Certificate Pages: 2 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Disabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 11/24/2025 4:19:10 PM Signer Events James Kamm 0ames.kamm@oracle.com Director 11/19/ Signing Group: Signature -request -Hamer us@oracle.com Security Level: Email, Account Authentication (None), Login with SSO Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Holder: Dinesh D dinesh.dasari@oracle.com Signature Signed by: ,�o�.w1t,S �uMwt 854ECB514F3E48C... Signature Adoption: Pre -selected Style Using IP Address: 192.33.242.93 Signature Status Status Status Status Status Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Status: Completed Envelope Originator: Dinesh D 500 Oracle Pkwy Redwood City, CA 94065-1675 dinesh.dasari@oracle.com IP Address: 192.33.243.97 Location: DocuSign Timestamp Sent: 11/24/2025 4:20:25 PM Viewed: 11/24/2025 4:54:28 PM Signed: 11/24/2025 4:54:32 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 11/24/2025 4:20:29 PM 11/24/2025 4:54:28 PM 11/24/2025 4:54:32 PM 11/24/2025 4:54:32 PM