HomeMy WebLinkAbout23I209 - ZOOBEANCONTRACT ABSTRACT
Contract/Amendment
Name of Contract:
Company Name:
Company Contact:
Email:
Summary of Services:
Contract Price:
Contract Term:
Public Integrity/ Business
Disclosure Forms:
Contract Administration
Lead Department:
Contract Administrator/ Ext:
Contract Approvals
Council/City Manager Approval Date:
Agreement Number:
Amendment Number:
Contract Compliance
Exhibits: Signatures:
Insurance: Bonds:
Business License:
Sole Source Co-Op
CoOp Agmt #: Sole Source
Documents: CoOp Name:
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By: Submitted on:
Contract Abstract Form Rev 6.13.23
Authorized Signers:
Name, Email
(Corporations require 2 signatures)
Zoobean
Zoobean, Inc.
Lindsey Hill
lindsey@beanstack.com
Online reading program tracking and management system.
$4,146.30
10/1/23-9/30/26
N/A
Felix Lloyd: felix@zoobean.com
Jordan Bookey: jordan@beanstack.com
Information Technology
Larry Klingaman
23I209
Yes
N/A
N/A
Yes
N/A
No
Cumulative total $4,146.30
8/17/23 Kendall Bradley
DocuSign Envelope ID: 8116F273-308E-4942-92FA-C07FACC3F6CD
X
LICENSE AGREEMENT
PALM SPRINGS PUBLIC LIBRARY (THE "LIBRARY”)
Product Name Type Annual License
Beanstack Premium Service Implementation Fee $0.00 USD
Beanstack Premium Service Subscription Year 1 – October 1, 2023 to
September 30, 2024 – 15% Discount $1,382.10 USD
Beanstack Premium Service Subscription Year 2 – October 1, 2024 to
September 30, 2025 – 15% Discount $1,382.10 USD
Beanstack Premium Service Subscription Year 3 – October 1, 2025 to
September 30, 2026 – 15% Discount $1,382.10 USD
FIRST YEAR LICENSE AMOUNT: $1,382.10 USD
TOTAL LICENSE AMOUNT: $4,146.30 USD
Subscription
Subscription price above based on 36-month commitment beginning on October 1, 2023 (the
“Effective Date”) and continuing in force until September 30, 2026 (the “Initial Term”). Subscription
fees to be invoiced annually, starting on the Effective Date, due by December 31, 2023.
Product/Service Description
Beanstack provides a mobile-friendly site for local families to participate in the Library's reading
challenges, including summer reading, winter reading, and activity challenges. Families gain tools to
register, log their reading, and earn incentives. For staff, Beanstack makes it easy to register
users, create reading and activity challenges, and produce extensive reports.
Product/Service Requirements
Beanstack is a mobile responsive web application. It requires a modern web browser and can be
accessed by students, teachers, families, and staff inside and outside of the Library.
The license for the Essential Package will include the following:
•Custom, mobile responsive site
•Family, classroom, and group registration
•Concurrent reading challenge system
•Virtual badge system
•Virtual points system
•Reading logging system
•Activity logging system
•Book reviews system
• Site customization tools
DocuSign Envelope ID: 8116F273-308E-4942-92FA-C07FACC3F6CD
•Reading challenge set-up tools and templates
•Administrative tools for staff to provide user service
•Library staff “Add Reader” and “Find A Person” system
•Prize and drawings system
•Reading lists and activity 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
The license for the Premier Package will include all features of the Essential & Plus & Premium licenses
plus the following as these features and services become available:
•Beanstack Reading Fundraiser platform for public libraries
•10% success fee rate on reading fundraiser donations through Beanstack
•ISBN web scanner feature
•15% discount on all Badge Book
•First choice access to bilingual Badge Books
•Early access to select new features
•Exclusive conference event invitations
All licenses include the following:
•Persistent user accounts
DocuSign Envelope ID: 8116F273-308E-4942-92FA-C07FACC3F6CD
•Ongoing new content and reading challenges
•Virtual badge library
•Print and digital marketing templates
•On-demand video training access
•Hosting, maintenance, and technical support as described in Exhibit A
Legal Terms & Conditions
1.Unless otherwise stated, 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. The terms and conditions
of this quotation are valid through September 30, 2023 and if not accepted by the Library within
said time period, shall be deemed automatically revoked.
2.The 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, and book reviews.
The software requires username, first name, age, and password. The Library may choose to collect
additional registration fields including school, gender, grade level, zip code, local area, phone
number, and email address.
3.Zoobean does not require the collection of personally identifiable information. If Library chooses to
include registration fields that may classify as personally identifiable information, Zoobean will
protect this information. The website uses a Hypertext Transfer Protocol Secure (HTTPS) to secure
and encrypt user data over computer networks. The use of cookies and online tracking is minimal
and GDPR compliant.
4.Zoobean agrees to delete all data created by the Library’s users at anytime upon receipt of a
request for deletion. The 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 the Library’s users.
5.Zoobean does not sell or trade user information for marketing, advertising, or other use under any
circumstances. Zoobean may release user information when the company believes release is
necessary to comply with law, enforce our site policies, or protect ours or others' rights, property,
or safety.
6.Unless otherwise specified in this quotation, payment terms for the products and services herein
are net sixty (60) days from the invoice date.
7.The terms and conditions of this
quotation may be rejected, modified or
DocuSign Envelope ID: 8116F273-308E-4942-92FA-C07FACC3F6CD
superseded only by a written agreement mutually signed specifying the rejection, modification
or supersession of the terms and conditions.
DocuSign Envelope ID: 8116F273-308E-4942-92FA-C07FACC3F6CD
8.Payment for Zoobean products and services constitutes pre-payment for subscription for the
twelve (12) months following the Effective Date.
9.Upon expiration of the initial product term, the parties may elect to renew this Agreement for
additional twelve (12) month terms (a “Renewal Period”). Such renewals shall go into effect only
upon the execution of a separate, mutual written agreement between the parties.
10.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.
11.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.
12.Zoobean’s Client Success Department will contact Library after completion of this agreement to
arrange a meeting to discuss the delivery/installation process and schedule at a date and time
that is mutually agreeable to the Zoobean and the Library.
13.Zoobean represents and warrants that all such products and services shall be performed in a
professional and workmanlike manner. Zoobean warrants that the products will be delivered
and the services will be performed and delivered according to provisions set forth in the License
Agreement.
14.Indemnification: Zoobean shall indemnify, defend (with counsel approved by Library), and hold
harmless Library, its officers, officials, agents, and employees (collectively, the “Indemnitees”)
from and against any and all claims, damages, demands, liability, costs, losses and expenses
(altogether, “Claims”), including without limitation court costs and reasonable attorneys’ fees,
which directly or indirectly, in whole or in part, are caused by, arise in connection with, result
from, relate to, or are alleged to be caused by, Zoobean’s performance pursuant to this
Agreement, including without limitation, any intellectual property or copyright infringement
Claims. Library does not and shall not waive any rights against Zoobean which Library may have
pursuant to this Section because of Zoobean’s provision of any insurance policies. Zoobean’s
obligations to defend and indemnify Library shall survive the expiration or termination of this
Agreement. Zoobean shall not be required to indemnify Library for Claims arising from the sole
negligence or willful misconduct of the Indemnitees.
15.Covenant Against Discrimination: In connection with its performance under this Agreement,
Zoobean shall not discriminate against any employee or applicant for employment because of
actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e.,
place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual
orientation, gender identity, gender expression, physical or mental disability, or medical condition
(each a “prohibited basis”). Zoobean shall ensure that applicants are employed, and that
DocuSign Envelope ID: 8116F273-308E-4942-92FA-C07FACC3F6CD
employees are treated during their employment, without regard to any prohibited basis. As a
condition precedent to Library’s lawful capacity to enter this Agreement, and in executing this
Agreement, Zoobean certifies that its actions and omissions hereunder shall not incorporate any
discrimination arising from or related to any prohibited basis in any Zoobean activity, including
but not limited to the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship; and further, that Zoobean is in full compliance
with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation
the provision of benefits, relating to non-discrimination in city contracting.
16.Entire Agreement: This License Agreement, together with the terms and conditions of Exhibit
A, shall constitute the complete and final agreement between Zoobean Inc. and the Library
with respect to the services listed above.
ZOOBEAN, INC. PALM SPRINGS PUBLIC LIBRARY
By: _______________________________________ By: __________________________________
Signature Signature
Name: Name:
Print or Type Print or Type
Title:
Date:
Title:
Date:
See signatures on next page
DocuSign Envelope ID: 8116F273-308E-4942-92FA-C07FACC3F6CD
Revised 4.13.23 Page 11 of 17
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
below.
CONTRACTOR:
By: _______________________________________By: _________________________________________
Signature Signature
(2nd signature required for Corporations)
Date:Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: N/A Item No. N/A
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________
City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
DocuSign Envelope ID: 8116F273-308E-4942-92FA-C07FACC3F6CD
8/31/2023 8/31/2023
9/5/2023
EXHIBIT A
Service Level Agreement (SLA)
Severity Incident Response
Time
Resolution
Effort
Customer Update
Interval
Escalation
Level 1 Critical outage on the
Service or other
components or applications
associated with the Service,
and no workaround is
immediately available.
1 Hour Highest priority
–Zoobean’s full
technical staff
working 24x7 to
solve the issue,
until completion.
Every 4 Hours Escalated to
upper
management,
twice per day.
•Critical services – Service
is down and Users cannot
perform core functions of
the Service on their
accounts.
•Digital operations have
been disrupted and Users
cannot log onto the
Service.
A Service outage does not
include loss of connectivity or
access for a single or small
subset of users. Severity Level
1 tickets are also not related
to errors on mobile platforms,
such as Apple iPhone or iPad,
Android devices, Kindle, etc.
DocuSign Envelope ID: 8116F273-308E-4942-92FA-C07FACC3F6CD
Level 2 Major functionality on the
Service or other components
or applications associated
with the Service is affected,
but a temporary workaround
is available.
Major functionality is
impaired, although the Service
is available and operational.
•Users are able to connect
to the Service, although
some core functions of
Service are affected.
•Operations can continue
only in a restricted
fashion.
2 Hours High priority –
Zoobean’s full
technical staff
working 12x5 to
solve the issue,
until completion.
Every 12 Hours Escalated to
upper
management,
once per day.
Level 3 Minor functionality on the 24 Hours Medium priority – Every 24 Hours
Service or other components
or applications associated with
the Service is not working as
expected and a workaround is
available.
Zoobean’s
technical staff
working 8x5 to
solve the issue,
until completion.
Level 4 General usage questions 48 Hours Low priority – Send one-time regarding the Service or other Zoobean’s acknowledgement
components or applications
associated with the Service.
technical staff
working 8x5 to
solve the issue.
email.
•Cosmetic issues, including
errors in documentation.
•Enhancement requests
DocuSign Envelope ID: 8116F273-308E-4942-92FA-C07FACC3F6CD
(cases initially opened via
email will be assigned a
Severity Level 4 by
default)
DocuSign Envelope ID: 8116F273-308E-4942-92FA-C07FACC3F6CD
User Support
Zoobean will use commercially reasonable efforts to provide Secondary Support to the Library. The
Library shall be responsible for providing Primary Support to its Users. Zoobean will ensure it has
adequate staff and resources to provide Secondary Support by phone or other electronic means during
the Library’s business hours.
Uptime Requirement/Downtime
Excluding Scheduled Downtime, Zoobean guarantees a 99.5% uptime.
All scheduled maintenance Zoobean performs, including platform maintenance, upgrades, or other
servicing of its Digital Content Platform shall be during Off-Peak Hours. Scheduled Downtime will not
normally exceed thirty (30) minutes in duration. Zoobean shall provide the Library with forty-eight (48)
hours advance notice of any Scheduled Downtime that is expected to last less than four (4) hours. In the
event any Scheduled Downtime is expected to last over four (4) hours in duration, say for a major release,
Zoobean shall notify Library and its Users at least seventy-two (72) hours in advance of that downtime.
Zoobean shall use its best efforts to limit Scheduled Downtime to a maximum of six (6) times within a
90-day period; any Scheduled Downtime that exceeds this maximum limit shall be treated as
Unscheduled Downtime.
Performance Guarantees
If Unscheduled Downtime equals or exceeds four (4) hours in given Calendar Month, Library shall be
entitled to a credit from Zoobean in an amount equal to one-twelfth (1/12) of the agreed-upon annual
subscription license fee for the then-current subscription year, times the applicable percentage (%)
below, which is based upon the total number of hours of Unscheduled Downtime during a Calendar
Month.
Amount of Unscheduled Downtime in a Calendar Month/Percentage of Credit:
4 to 7 hours - 25%
7.1 hours to 16 hours - 50%
16.1 hours to 24 hours - 75%
Over 24 hours - 100%
Library may elect for Zoobean to apply the calculated credit to the next invoice issued by Zoobean to
Library or for Zoobean to issue payment to Library for the calculated credit, to be paid within thirty (30)
days.
Should Unscheduled
Downtime exceed 168
hours during a 90-day
period, said downtime may
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be considered a Material Default by the Library, and the Library may elect to enforce the
termination provisions and remedies provided in the Agreement for Material Default.
DocuSign Envelope ID: 8116F273-308E-4942-92FA-C07FACC3F6CD