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HomeMy WebLinkAboutZoobean; 2019-10-29;tf/:ZOOBEAN 5614 Connect1Cut Ave. NW Suite #227 Washington, DC 20015 LICENSE AGREEMENT CARLSBAD CITY LIBRARY (THE "LIBRARY") Product Name Type Beanstack Premium Service Implementation Fee Beanstack Premium Service Subscription Year 1 Beanstack Premium Service Subscription Year 2 Beanstack Premium Service Subscription Year 3 412.532.6367 con tac t@zoobean.com zoo bean.com Amount $0.00 USD $2,895.00 USO $2,895.00 USD $2,895.00 USD FIRST VEAR AMOUNT: $2,895.00 USO TOTAL LICENSE AMOUNT: $8,685.00 USO Subscription Subscription price above based on 36-month commitment beginning on September 29, 2019 (the "Effective Date") and continuing in force until thirty-six (36) months from the Effective Date (the "Initial Term"). Subscription fees to be invoiced annually, starting on the Effective Date. Product/Service Description Beanstack provides a mobile-friendly site and native mobile app for local families to participate in your library's reading challenges, including summer reading, early literacy initiatives, and other seasonal reading programs. Patrons gain tools to log their reading, earn incentives, discover books, and stay motivated to read. For staff, Beanstack makes it easy to register patrons, create reading and activity challenges, and produce extensive reports. The entire experience is set apart by it's mobile-first design, simply customized to match your library's brand. Product/Service Requirements Beanstack is a mobile responsive web application and mobile app. It requires a modern web browser and can be accessed by patrons and staff inside and outside of the library. Beanstack confirms that the proposed Software Services will be securely hosted, and all hosting locations will be located in the United States. The license for the Essential Package will include the following: • Custom, mobile responsive site for patrons • Family, classroom, and group registration • Concurrent reading programs system • Virtual badge system • Virtual points system • Reading logging system • Activity logging system • Book reviews system • Site customization tools • Reading program set-up tools and templates • Administrative tools for staff to provide patron service • Library staff "Add Reader" and "Find A Person" system • Prize and drawings system • Reading lists and learning track system and templates • Data reports and insights for admins The license for the Plus Package will include all features of the Essential service plus the following: • Logging by ISBN capture on mobile phones • Picture reviews system The license for the Plus Package will include all features of the Beanstack Tracker mobile app, including the following: • Logging by ISBN scan • Timed reading sessions • Reading history and active reading log • Reader streaks and achievements • Reader statistics wizard by pages, minutes, days, and titles per day, week, month, and year The license for the Premium Package will include all features of the Essential & Plus licenses plus the following: • Personalized book recommendation system for kids • Personalized book recommendation system for teens • Personalized event recommendations • Weekly personalized emails • Direct links to library catalog All licenses include the following: • Persistent user accounts • Ongoing new content • Virtual badge library • Print and digital marketing templates • On-demand video training access • Hosting, maintenance, and technical support Legal Terms & Conditions 1. The terms and conditions of this quotation constitute an offer by Zoobean to sell products and services to the Library, and if accepted by the Library, constitute a legally-binding obligation by the Library to purchase such products and services. Acceptance of this quotation by the Library may be completed by Library's signature of this quotation as provided below; issuance of a purchase order; or any form of acceptance otherwise recognized by applicable law. The terms and conditions of this quotation are valid through September 29, 2019, and if not accepted by the Library within said time period, shall be deemed automatically revoked. 2. Library retains ownership of all data created by the Library's users. This includes user contact information, reading logs, and any user-created content such as reading lists, book reviews, and picture reviews. 3. Zoobean agrees to delete all data created by Library's users at anytime upon receipt of a request for deletion. Library shall give notice to Zoobean of any request for the deletion of such information. Zoobean shall then have three (3) days from the date it receives such notice to execute the deletion of all data created by Library's users. 4. Unless otherwise specified in this quotation, payment terms for the products and services herein are net thirty (30) days from the invoice date. 5. The terms and conditions of this quotation may be rejected, modified or superseded only by a written agreement mutually signed specifying the rejection, modification or supersession of the terms and conditions. 6. Payment for Zoobean products and services constitutes pre-payment for subscription for the 12 months following the Effective Date. 7. Zoobean products may renew for twelve (12) month terms (a "Renewal Period") following the expiration of the initial product term. The Library or Zoobean may cancel only by notifying the other party in writing of its intention not to renew at least ninety (90) days prior to the expiration of the current term. 8. Payment for Zoobean Renewal Periods is prepaid. Payment for any pro-rated portion of a Renewal period is due to Zoobean within thirty (30) days of the date of receipt of an invoice from Zoobean for the pro-rated term. 9. If Library fails to pay Zoobean any sums due under this quotation on a timely basis, Zoobean reserves the right to discontinue maintenance, subscription and/or hosting services, as applicable, until library fully pays to Zoobean all sums (and related penalties) (together, the "Overdue Amount") due to Zoobean. 10. Zoobean's Client Success Department will contact Library within two (2) weeks after completion of this agreement to arrange a meeting to discuss the delivery/installation process and schedule. 11. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: CITY OF CARLSBAD, a municipal corporation of the State of California HEATHER PIZZUTO Library & Cultural Arts Director ATTEST: 4 {~~¢--,,,--~ \ A -/7 /1/1/ / , ~// -VG:L/t ~ '::,, Jc t.1 (Y]c,, ' 'I:. b l u /.:_ I LJe, VI&\ ✓ (sign h e) _ , ,hf!..6RBARA ENGLESON c,\ l~ v\ 0 IJ C City Clerk By: (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWl;;R, City Attorney !!tilt-, BY: __________ _ Assistant City Attorney ~ ZOOBINC-01 MWILLIAMS ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 9/30/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2AA!~CT Howard Insurance Aiency, Inc. rit:r,N:o, Ext): (301) 652-2500 I FAX 6900 Wisconsin Ave ifth Floor (A/C, No):(301) 652-2530 Chevy Chase, MD 20815 it1c'M~ss: INFO@HOWARD-INSURANCE.COM INSURER/SI AFFORDING COVERAGE NAIC# INSURER A: Hartford Insurance Grouo 29424 INSURED INSURER B: Hiscox -Underwriters at Llovds Zoobean Corp. INSURERC: 2908 Legation St INSURER D: Washington, DC 20015 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE f.?Jl~ = POLICY NUMBER POLICY EFF POLICY EXP LIMITS I TR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE [K] OCCUR ~~~tf~}~i?E~~~JJ~ence\ 1,000,000 X X 42SBAIS9375 3/21/2019 3/21/2020 $ MED EXP /Anv one oerson\ -$ 10,000 PERSONAL & ADV INJURY -$ 1,000,000 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ l POLICY.□ m?r []] LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER $ A AUTOMOBILE LIABILITY ~OMBINED SINGLE LIMIT Ea accident\ $ 1,000,000 ANY AUTO X X 42SBAIS9375 3/21/2019 3/21/2020 BODILY INJURY <Per oerson) $ ~ -OWNED SCHEDULED ,-AUTOS ONLY ·-AUTOS BODILY INJURY (Per accident) $ X HIRED X ~8rcfl"m1.~ Fte9~[c~leit?AMAGE $ ~ AUTOS ONLY - $ A X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 1,000,000 ~- EXCESS LIAB CLAIMS-MADE X X 42SBAIS9375 3/21/2019 3/21/2020 AGGREGATE $ 1,000,000 OED I X I RETENTION $ 10,000 $ A WORKERS COMPENSATION XI ~ffrnTE I )OTH-AND EMPLOYERS' LIABILITY ER Y/N 42WECAA1MFY 3/21/2019 3/21/2020 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 500,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ ~~ii~rtir8~ oloPERATIONS below E.L. DISEASE -POLICY LIMIT $ 500,000 B Tech Prof/Cyber MPL1920022 3/21/2019 3/21/2020 Limit 1,000,000 B Tech Prof/Cyber MPL1920022 3/21/2019 3/21/2020 Agg. Limit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City of Carlsbad is added as an Additional Insured in all coverage areas except Workers' Compensation and Professional Liability. Excess/Umbrella follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1775 Dove Lane Carlsbad, CA 92011 AUTHORIZED REPRESENTATIVE I }v~ ~~----- ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 42 SBA IS9375 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -PERSON-ORGANIZATION LOC 001 BLDG 001 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 9 2 0 0 8 LOC 001 BLDG 001 ST. LOUIS COUNTY LIBRARY DISTRICT 1640 S LINDBERGH BLVD ST LOUIS, MO 63131 Form IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page 001 Process Date: 01/21/19 Expiration Date: 03/21/20