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HomeMy WebLinkAboutReso 2022-3451RESOLUTION NO. 2022 -`i"' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A THIRD AMENDMENT TO THE AGREEMENT WITH GRANICUS, INC. TO PROVIDE WEBSITE REDESIGN SERVICES, AGENDA MANAGEMENT SOFTWARE, AND WEBCASTING SERVICES AND RELATED EQUIPMENT, IN AN AMOUNT NOT TO EXCEED SEVENTY-SIX THOUSAND SIX HUNDRED THIRTY-FOUR DOLLARS ($76,634.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") currently utilizes Granicus, Inc. ("Vendor") as its software and equipment provider for agenda management and webcasting services ("Meeting Services"); and WHEREAS, the City desires to re -design its website ("Website Services"); and WHEREAS, the Vendor has expressed their desire and ability to provide the additional Website Services to the City, as well as continuing to provide the Meeting Services; and WHEREAS, pursuant to the City's procurement code provisions, purchase made through intergovernmental cooperative purchasing arrangements or purchasing consortiums organized as a corporation not-for-profit whose members are governmental entities, provided that such cooperative purchasing arrangements or consortiums provide a competitive process to select a vendor are exempt from the City's competitive bidding procedures; and WHEREAS, City staff will purchase the Website Services from the Vendor utilizing pricing from Omnia Partners, f/k/a US Communities, Contract No. R211301; and WHEREAS, the City now wishes to approve a Third Amendment with the Vendor to provide Website Services, Meeting Services, and related services and equipment, in an amount not to exceed Seventy -Six Thousand Six Hundred Thirty -Four Dollars ($76,634.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Third Amendment and Authorization to Expend Budgeted Funds. The City Commission hereby approves the Third Amendment with Granicus, Inc., and authorizes the expenditure of budgeted funds, for the provision of website redesign services, agenda management software, and webcasting services and related equipment, in an amount not to exceed Seventy -Six Thousand Six Hundred Thirty -Four Dollars ($76,634.00), attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. @BCL@E40BE980.docx Page 1 of 2 Section 3. /-t1i*7119 Maurficio Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 15th day of December 2022. Dana Robin Goldman, Mayor APPROVED AS TO FORM �QAt • E LS FFICIENCY: anc I r, CMC, City Clerk Edward A. Dion, City Attorney Moved by: Uq/�/P/VUZ, ZkYk Seconded by Vote: Mayor Goldman Vice Mayor Viscarra t/(Yes) (Yes) (No) (No) Commissioner Joseph (Yes) (No) Commissioner Lama "Yes) (No) Commissioner Stuyvesant (Yes) (No) @BCL@E40BE980.docx Page 2 of 2 DocuSign Envelope ID: 5A43D076-EC36-4A07-BA67-49A53394468E G GRANICUS 408 Saint Peter Street, Suite 600 Amendment Saint Paul, MN 55102 Prepared for United States Sunny Isles Beach, FL Third Amendment to the Granicus Service Agreement between Granicus, Inc. and Sunny Isles Beach, FL This Third Amendment to the Granicus, Inc. Service Agreement is effective on the date this document is signed and entered into by and between Granicus, Inc., a California Corporation (hereinafter referred to as "Granicus"), and Sunny Isles Beach, FL (hereinafter referred to as "Client"), with reference to the following: WHEREAS, the Client and Granicus entered into an Agreement effective 06/30/2017 (the "Agreement"): and WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed in Q- 241050, which is attached as Exhibit A and incorporated herein by reference; and NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows: 1. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client to provide applicable exemption certificate(s). 2. ClearCaster Terms 8, Conditions attached to Exhibit A - Q-241050 are incorporated herein by reference. 3. Except as amended by this Third Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. 4. In the event of any inconsistency between the provisions of this Third Amendment and the documents comprising the Agreement, the provisions of this Third Amendment shall prevail. IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed by their duly authorized representatives. Agreement and Acceptance By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Sunny Isles Beach, I:G Granicus Docu3igned by: Signature: i`` � ` Signature: Name: 1 -ITU/ I N twl S Name: Brenda Derr Title: Date: Order #: Q-241050 Prepared: 1 1 /21/2022 Title: Contracts Manager Date: 12/22/2022 Page 1 of 14 G GRANICUS 408 Saint Peter Street, Suite 600 Saint Paul, MN 55102 United States ORDER DETAILS THIS IS NOT AN INVOICE Exhibit A Prepared By: Payton Owen Phone: 240-694-5156 Email: payton.owen@granicus.com Order #: Q-241050 Prepared On: 11/21/2022 Expires On: 12/30/2022 ORDER TERMS Exhibit A Prepared for Sunny Isles Beach, FL Currency: USD Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Current Billing Term End Date: 09/30/2023 The subscription includes the following domain(s) and subdomain(s): https://www.sibfl.net/ Order #: Q-241050 Prepared: 11/21/2022 Page 2 of 14 G GRANICUS Exhibit A Sunny Isles Beach, FL PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. Upon the signing of this Agreement, annual fees for the terminating subscription(s) shall cease. Any pre -paid fees for the terminating subscription(s) after the signing of this Agreement will be prorated from the signing of this Agreement to the end of the Client's then -current billing term, credited, and such credit applied to the annual fees for new subscriptions. Client will continue to have access to and use the terminating solution until the new subscription(s) is/are deployed. Upon the deployment of Client's new solution as determined at Granicus' sole discretion, Granicus shall remove access to the Client's terminating subscription(s). �Sotufran Bilking QvanMyjUtut annual Fee Frequency Peak Agenda Management Annual 1 Each $7,500.00 Open Platform Suite Annual 1 Each $0.00 Order #: Q-241050 Prepared: 11 /21/2022 Page 3 of 14 G GRANICUS Exhibit A Sunny Isles Beach, FL Government Experience Cloud Up Front 1 Each $0.00 (ENTERPRISE) - Set-up & Config Government Experience Cloud Up Front 1 Each $0.00 (ENTERPRISE) -Training GXG Information Architecture Up Front 1 Each $22,500.00 OpenCities SaaS License - Setup and Milestones - 1 Each $10,000.00 configuration package 40/20/20/20 OpenCities CMS Design Upon Delivery 1 Each $5,000.00 Training - OpenCities Upon Delivery 1 Each $1,500.00 OpenForms License - Setup and Up Front 1 Each $0.00 Configuration Package Training - OpenForms Upon Delivery 1 Each $0.00 GovMeetings Live Cast SetUp and Up Front 1 Each $0.00 Config Encoding Appliance HDW - WOWZA Upon Delivery 1 Each $3,500.00 Live Cast Granicus Video - Online Training Upon Delivery b Hours $1,350.00 Granicus Live Cast Encoder Setup and Up Front 1 Each $875.00 Configuration US Shipping Charge C - Large Item Upon Delivery 1 Each $125.00 Open Platform - Setup and Up Front 1 Hours $0.00 Configuration SUBTOTAL+ 3 ' $44,850:40.`; Order #: Q-241050 Prepared: 11/21/2022 Page 4 of 14 G GRANICUS Exhibit A Sunny Isles Beach, FL SoutionG2utnti�jrll�nit Annual Fee Government Experience Cloud Annual 1 Each $0.00 OpenCities SaaS License Annual 1 Each $10,000.00 OpenForms Enterprise License (30 users, 100 forms) Annual 1 Each $7,500.00 GovMeetings Live Cast Annual 1 Each $12,784.00 Open Platform Suite Annual 1 Each $0.00 Granicus Live Cast Encoding Software Annual 1 Each $1,500.00 SUBTOTAL. Please note, annual fees for new subscriptions will be prorated to align to Client's then -current billing term. Exceptions include Recurring Captioning Services, SMS, and Targeted Messages. Additional volume purchased will cover the period of 10/01/2022 - 09/30/2023 The additional volume and annual fees will be added to Sunny Isles Beach, FL's standard subscription and will be included in the next renewal period. Order #: Q-241050 Prepared: 11/21/2022 Page 5 of 14 G GRANICUS FUTURE YEAR PRICING Exhibit A Sunny Isles Beach, FL Order #: Q-241050 Prepared: 11/21/2022 Page 6 of 14 G GRAN ICUS Sunny Isles Beach, FL PRODUCT DESCRIPTIONS rF, , S "Ib 6on'' e Descnp �o> ` Peak Agenda Management Peak Agenda Management is a Software -as -a -Service (SaaS) solution that enables government organizations to simplify the agenda management and minutes recording process of the clerk's office. Peak Agenda Management allows clerks to streamline the way they compile and produce agendas and record minutes for public meetings and includes: • Unlimited user accounts • Unlimited meeting bodies and meeting types • Access to up to one (1) Peak Agenda Management site Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. Government Experience Cloud Government Experience Cloud is a purpose-built software -as -a -service (SaaS) solution that helps local government transform the resident experience to better connect, engage, and serve constituents by increasing workflow efficiencies and maximizing existing technology investments, such as integrations into traditional back-office enterprise solutions. OpenCities SaaS License The OpenCities platform allows you to launch modern, easy to use websites that evolve to put the needs of your community at the center. The SaaS License includes: • All OpenCities out of the box functionality (excluding optional/premium modules priced separately) • Platform setup and full project management • Managed cloud hosting via Microsoft AzureGov • Ongoing security updates • Ongoing product updates and enhancements • WCAG AA Accessibility maintained perpetually • 99.9% up -time guarantee and 24/7 support for Priority 1 issues (per SLA) • Comprehensive SLA and Support Ticketing system See subscription agreement for details. Order #: Q-241050 Prepared: 11/21/2022 Page 7 of 14 G GRANICUS Sunny Isles Beach, FL 7J .P�M,1 f -{ h�iQ�Y lfO.bt R f i3 }' py Y4 r i I GXG Information Architecture Updating your website's Information Architecture (IA) is key to improving the overall user experience. Our IA process involves website data analysis, user research and user testing, and other best -practice methodologies that serve to seamlessly bridge your goals with user needs. This effort will result in a strategic and scalable approach to content priorities, a development of a navigation structure for your new site, and the creation of an actionable implementation strategy for your existing content. Activities include: • Kickoff: Align on goals, expectations, timelines, and deliverables • Data Audit: We'll review surveys, Google Analytics, and any other piece of data to get a sense of how the website is currently utilized, what the user priorities are, and how the current content is meeting their needs. • User engagement: Conduct up to one (1) card sort with up to forty (40) external users OR up to one (1) tree test with up to forty (40) external users Deliverable: • Recommendations & Implementation Report. Includes new Information Architecture map, connecting individual pages to their new categories and location in the site tree Assumptions: • Covers analysis and IA for sites with up to 2,500 URLs. • Three-month period of performance to be completed within the contract period. • Does NOT include a content audit. • Does NOT include content creation. • Client sources external users for testing. • Does NOT include document review. Order #: Q-241050 Prepared: 11/21/2022 Page 8 of 14 G GRAN ICUS Sunny Isles Beach, FL SO�YUV� hkCAI ` OpenForms Enterprise License OpenForms is a digital forms builder specifically designed for Government. (30 users, 100 forms) Government services can be complicated, but the experience for the residents accessing them shouldn't have to be. OpenForms is perfect for the business of government, with capabilities that will help you convert complex, multi -page forms and processes into simple, step-by-step online forms that adjust based on customers responses. The Enterprise plan to accelerate digital transformation for up to: 30 users, 100 published forms. Key features include: • Workspaces • Response workflows • Custom documents (Certificates, permits, formal letters & more) • Form versioning & scheduling • Drag and drop form builder • Display logic and calculations • Payments • Insights dashboard • Form analytics • Support team access • Save responses • Unlimited responses • Data connections and API access • Up to: 50GB file uploads, 2,000 web API calls per hour, 20 custom documents perform OpenCities SaaS License - Installation and setup of OpenCities SaaS, including an assigned Project Setup and configuration Manager during the implementation phase. package OpenCities CMS Design This is a design package tailored for unique city requirements. Requires scoping by implementation. Order #: Q-241050 Prepared: 11 /21/2022 Page 9 of 14 G GRAN ICUS Sunny Isles Beach, FL Solution Qescnphon Training - OpenCities 2.5 hour OpenCities training session for up to 20 people, delivered online, covering one of these topics: • Site Admin training • Content Publisher training • Power Publisher training OpenForms License - Setup and Setup and configuration of OpenForms Team License (5 users, 50 forms) Configuration Package Training - OpenForms 2.5 hour OpenForms Training session for up to 20 people, delivered online. GovMeetings Live Cast govMeetings Live Cast provides the ability to manage public meetings from anywhere, on almost any device using cloud based software and a Granicus Live Cast encoder. It will stream public meetings in HD, allow users to live index items, record and publish minutes, and provide archive videos for on -demand viewing. Encoding Appliance HDW - WOWZA Live Cast encoder is the hardware appliance used convert the WOWZA Live Cast video feed for video streaming on the web. It also records the video and provides the MP4 file for archive playback. Granicus Video - Online Training Granicus Video - Online Training Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. US Shipping Charge C - Large US shipping of a large item Item Granicus Live Cast Encoding Granicus Live Cast Software will convert the video feed for video Software streaming on the web which will also record video and provides the MP4 file for archive playback. Only used with the Live Cast encoder hardware and Live Cast solution. Order #: Q-241050 Prepared: 11/21/2022 Page 10 of 14 G GRANICUS Sunny Isles Beach, FL Open Platform - Setup andI Setup and configuration for Open Platform Configuration THIRD PARTY DISCLAIMER ClearCaster and LiveCast Services: Client and Granicus agree that a third party will provide services under this Agreement. Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such an independent third party. Order #: Q-241050 Prepared: 11/21/2022 Page 11 of 14 03 GRANICUS Sunny Isles Beach, FL ClearCaster Terms & Conditions The ClearCaster products are subject to the following terms: Permitted Use. Granicus hereby grants during each Order Term or as otherwise specified in the Order, and Customer hereby accepts, solely for its internal use, a worldwide, revocable, non- exclusive, non- transferrable right to use the ClearCaster products to the extent allowed in the relevant Order (collectively the "Permitted Use"). The Permitted Use shall also include the right, subject to the conditions and restrictions set forth herein, to use the ClearCaster products up to the levels limited in the applicable Order. Data Sources. Data uploaded into ClearCaster products must be brought in from Customer sources (interactions with end users and opt -in contact lists). Customer cannot upload purchased contact information into the ClearCaster products without Granicus' written permission and professional services support for list cleansing. Passwords. Passwords are not transferable to any third party. Customer is responsible for keeping all passwords secure and all use of the the ClearCaster products accessed through Customer's passwords. Content. Customer can only use the ClearCaster products to share content that is created by and owned by Customer and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to Customer, can be removed or limited by Granicus. Disclaimers. Any text, data, graphics, or any other material displayed or published on Customer's website must be free from violation of or infringement of copyright, trademark,service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. Granicus is not responsible for content migrated by Client or any third party. Advertising. The ClearCaster products shall not be used to promote products or services available for sale through Customer or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request and review the details of any agreement betweenCustomer and a third party that compensates Customer for the right to have information included in Content distributed or made available through the ClearCaster products prior to approving the presence of Advertising within the ClearCaster products. Restrictions. Customer shall not: ■ Misuse any Granicus resources or the ClearCaster products or cause any disruption, including but not limited to, the display of pornography or linking to pornographic material, advertisements, solicitations, or mass mailings toindividuals who have not agreed to be contacted; ■ Use any process, program, or tool for gaining unauthorized access to the systems, networks, or Order #: Q-241050 Prepared: 11 /21/2022 Page 12 of 14 US GRANICUS Sunny Isles Beach, FL accounts of other parties, including but not limited to, other Granicus customers; ■ Customer must not use the Granicus products, services or the ClearCaster products in a manner in which system or network resources are unreasonably denied to other Granicus clients; ■ Customer must not use the services or ClearCaster products as a door or signpost to another server. ■ Access or use any portion of the ClearCaster products, except as expressly allowed by this Order; ■ Copy, distribute, sublicense, or otherwise share, software provided on the ClearCaster products; ■ Disassemble, decompile, or otherwise reverse engineer all or any portion of the ClearCaster products; or add or remove software on the ClearCaster products without Granicus consent; ■ Use the ClearCaster products for any unlawful purposes; ■ Export or allow access to the ClearCaster products in violation of U.S. laws orregulations; ■ Except as expressly permitted in this Order, subcontract, disclose, rent, or lease the ClearCaster products, or any portion thereof, for third party use; or ■ Modify, adapt, or use the ClearCaster products to develop any software application intended for resale which uses the ClearCaster products in whole or in part. Customer Feedback. Customer assigns to Granicus any suggestion, enhancement, request, recommendation, correction or other feedback provided by Customer relating to the use of the ClearCaster products. Granicus may use such submissions as it deems appropriate in its sole discretion. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/or its licensors reserve all right, title and interest in the ClearCaster products, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Customer. The Granicus name, the Granicus logo, and the product names associated with the services are trademarks of Granicus or its suppliers, and no right or license is granted to use them. License to Content; Access. Customer hereby grants Granicus and its vendors a limited right and license to view, access, use, modify, adapt, reproduce, transmit, distribute, display, and disclose Content for the sole purpose of providing the ClearCaster products. Customer agrees that Granicus and its vendors may remotely access the ClearCaster products for the sole purpose of providing Granicus products and services, and the ClearCaster products. Order #: Q-241050 Prepared: 1 1 /21/2022 Page 13 of 14 GRANICUS Sunny Isles Beach, FL Warranties and Disclaimers. The ClearCaster products are provided "AS IS" and as available. EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIESOF MERCHANTABILITY, TITLE, NON -INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER GRANICUS NOR ITS SUPPLIERS WARRANT THAT THE CLEARCASTER PRODUCTS WILL MEET CUSTOMER'S REQUIREMENTS NOR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. Notwithstanding the foregoing and subject to payment of all applicable fees, Granicus will provide a three (3) year warranty with respect to required hardware. Within the three (3) year warranty period, Granicus shall repair or replace any required hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL GRANICUS NOR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GRANICUS NOR ITS SUPPLIER SHALL BE LIABLE FOR: (A) ERROROR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY, OR HARDWARE; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, HARDWARE, CLEARCASTER PRODUCTS, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND GRANICUS' REASONABLE CONTROL, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY. IN NO INSTANCE SHALL EITHER PARTY'S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES RESULTING EXCLUSIVELY FROM THE CLEARCASTER PRODUCTS (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CUSTOMER FOR GRANICUS PRODUCTS AND SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. NEITHER PARTY MAY INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THE CLEARCASTER PRODUCTS MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. Order #: Q-241050 Prepared: 11 /21/2022 Page 14 of 14 d syF F44,� SQ City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Leah Einwalter, Interim Media Manager DATE: December 15, 2022 RE: Approval of Agreement with Granicus Inc. for Web Design Services RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach wishes to partner with Granicus for website redesign and hosting services in order to build a brand new user-friendly, secure, ADA compliant and modern website. The City envisions a new website which enhances the user experience, simplifies content management, and provides resident -focused information and top-quality service, while meeting high standards for design and visual appeal. Prior to the redesign, they will undertake an information architecture phase which includes website data analysis, user research and user testing. This will ensure we design a website that bridges the City's goals with user needs. Granicus is also the provider of the City's agenda management software and provides the the licensure and hardware components to stream the City's public meetings. The initial one-time costs for all Granicus related services is $44,850.00. The annual subscription and support fees for the first year are $31,784.00, for a total amount not to exceed $76,634.00. Thereafter, subscription and support fees will have an annual increase of 5%. FUNDING SOURCE: Item Number: 10.H Funds have been appropriated from account 001-2-5160-431000. ATTACHMENTS: Resolution Proposal Item Number: 10.1-11