RES 2022-0505 - Payment to Kanopy for Kanopy video streaming service - 2022 ��--J7 City Clerk Office Use Only:
RESOLUTION NO. 22- OW Publication Date (if pplic ale):
Agenda Date: Z Z
Department: r
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Submitter: J ?I2
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Section 5.16 of the Home Rule Charter of the City of Omaha, 1956,
provides that competitive bidding shall not be required in purchasing unique or non-competitive
articles or services, and the City Council may authorize the Purchasing Division to issue a purchase
order for these purchases by Resolution; and,
WHEREAS, Kanopy Inc. is a firm which provides unique or non-competitive articles or
services; and,
WHEREAS, Omaha Public Library desires to purchase such articles or services from
Kanopy Inc. in an amount not to exceed $30,000.00 for the annual subscription of Kanopy for a one-
year term beginning April 13, 2022 and ending on April 12, 2023; and,
WHEREAS, the Mayor of the City of Omaha has recommended the authorization of
this payment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, as recommended by the Mayor, in accordance with Section 5.16 of the Home
Rule Charter of the City of Omaha, 1956, Omaha Public Library is hereby authorized to purchase
unique or non-competitive articles or services from Kanopy Inc. in an amount not to exceed
$30,000.00 for the annual subscription of Kanopy for a one-year term beginning April 13, 2022 and
ending on April 12, 2023; and,
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay $30,000.00 for the cost of
purchases from the 2022 General Fund 11111, Organization 117016.
1321 jig APPROVED AS FO M:
/140/AR
7 ?� DEP TY CITY ATTORNEY DATE
Adopted: MAY
Attest:
City Clerk
Approved:
Mayor
kanopyKanopy Inc.
Invoice
Invoice Date: 28 March 2022
Invoice Number: KCAP — 0130
Billing Address: Omaha Public Library
215 S. 15th Street
Omaha, NE 68102-1629
United States
Order Summary:
This Invoice is entered into between Institution and Kanopy pursuant to the current Master Agreement between
them.Any capitalized term not defined herein shall have the meaning ascribed to it in the Master Agreement. By
issuing payment hereunder or accessing or using the Offerings identified herein, Institution agrees to be bound
by this Invoice.
Offering Total
(USD)
Pay Per Use (PPU) Program
• Budget allocation: $30,000.00 (April 13, 2022 - April 12, 2023) for 10 regular
play credits per patron per month, unlimited TGC and Kanopy Kids, and $4 content.
Pay Per Use (PPU) Program
• Access: Kanopy will provide access to its film database for access to Institution's
End Users. Institution may adapt its content and collection selections at any time
• Caps: Institution may impose monthly user caps on users (with respect to the
number of film "play credits"a End User may incur in a given month) and change
these any time with written notice to Kanopy. Institution may also set in place
program spend caps and change these at any time
• Definition: As used herein, a "Play Credit" is incurred on a Title when an End User
accesses the Title in and seeks to employ the Title for use. Once a user play credit is
logged, the user has 3 full days (72 hours) to watch the film for unlimited uses.
Kanopy Kids and pre-selected Series provide 30 days of unlimited use for either (1)
the entirety of Kanopy Kids or (2) the pre-selected Series. A user can track their
existing and past play credits from their user dashboard $30,000.00
• Cost per play credit: A maximum cost per play of$4 per user play credit for
individual films. A maximum cost of$5 per play for Kanopy Kids and pre-selected
Series.
• Processing: Invoices for play credits will be processed periodically for the
Institution (monthly). Institution will be notified and sent an invoice. Institution may
request early processing of play credit invoices at any time
• Reports: Institution can monitor usage and budget live from their admin dashboard
• Budgeting: Pre-Payment Required for capped program. Within sixty (60) days of
the Effective Date of this Agreement, the Institution will pay Kanopy $30,000 for the
rights granted in the Order Form during the twelve (12) month period beginning on
April 13, 2022 and ending on April 12, 2023 (The"Twelve Month Fee"). During the
aforementioned twelve (12) month period, Institution shall have no additional
payment obligations to Kanopy beyond the Twelve Month Fee. Kanopy and
Institution shall negotiate new payment terms for the rights granted in the Order
Form within the sixty (60) days prior to April 12, 2023. If, at the end of the initial
Twelve (12) month period, end-user engagement generates less in fees than the
Twelve Month Fee, the difference between the Twelve Month Fee and the fees
generated by end-user engagement shall be credited to the next year's negotiated
Twelve Month Fee. If Kanopy determines that Institution and its End User's usage of
the service is tracking above the guaranteed cap, Kanopy will notify Institution of
this determination, and the Institution will work with Kanopy to apply additional
levers to manage and limit usage of the Service.
Subtotal: $30,000.00
Taxes $0.00
Total: $30,000.00
Direct deposit can be made to: Check can be made to:
ABA Routing: 121140399 Kanopy Inc.
Acct # 3302131786 781 Beach St, Suite 200
• Payment Terms: Silicon Valley Bank San Francisco, CA 94109
30 days from date of invoice 3003 Tasman Dr.
Santa Clara, CA 95054 Remittance advice:
408.654.7400 accounts@kanopystreaming.com
t (+1) 415-513-1026 Kanopy Inc., EIN 99-0377373
Kanopy, 781 Beach St, Suite 200, San Francisco, CA 94109 USA
www.kanopy.com