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Home My WebLink About2004-09-27 04-289 ORDERItem No. 04-289 Date: September 27 2004 Item/Subject: ORDER, Authorizing the City Manager W Execute a Performance Agreement Between the City of Bangor and the Society of European Authors and Composers ("SESAC") Responsible Department: Legal Linked States Copyright Law protects musical wares by giving the author the exclusive right to use or authonze the use of his or her work. This includes sheet music, CDs, video and live or mooned public performance of their work. Many copyright owners have an agreement with SESAC to license the public performance of their works. A SESAC license gives the licensee the right to perform or allow to he performed the copyrighted works of its clients. Previously, the City entered into agreements with the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI). The base license paid by the City to SESAC is $120. The Government Operabons Committee recommended approval at its September 14, 2004 meeting. Managers Comments: & L�MA�6 Associated Information: Agreement Department Head City Manager `k/ l� City Ror �( Passage _First Reading Page 1 of J _ Referral M-289 Aniped to Coaa i"" D'�Mco September 27. 2004 CITY OF BANGOR (MLE.) ORDER, Authorizing the City Manager to Execute a performance License Agreement Between the City of Bangor and the Society of European Stage Authors and Composers ("SESAC") By the Ory Ca l of the Oty ofBangon ORDERED, THAT Edward A. Barrett, City Manager, is hereby authorized and directed, on behalf of the City of Bangor, to execute a Performance Agreement between the City of Bangor and the Society of European Stage Authors and Composers (SESAC). A copy of said Agreement is attached hereto. IP CITY COUNCIL Ceptevhe[ 27. 2006 Notion. No" and Seconded to Remove from Consent Agenda .wa Baa to New Business kea&Flzbt .Under New Business NotionNade and Seconded for Passage Vote: ] yes, 1 n Councilors eating yes: Allen. Caebwell. D'errico. yarringtoa. Gmtwick. Greene, Tremble Comcilor voting oo: Palms[ Posen& . CITY CLHBB - k U 289 O ADEN (TITLEJ AwthorftIDe the Pate Nmamr to gsemte a Performnce License Agreement Between the City of Bangor and the Society C.SESAC") 06-284 SFSAC PBRFORMANCE Agromment made & New York by and between SESAC, Inc. ("SFBAC'), a New York rorporatidm withot0cm at 55 Muds Square East,Nu&illq 174 ] cad ("ISCENSEE") (Legal Name of F.ntky) - (8illlog Address) Ease: MAC and LICENSEE herdy muluaBy contends follows: L GEAN'T 0FEIGEIS: EffeAive ae of duiv dl 21100, (the "Fdfestfve Date") LICENSEE the non-exclusive right and license b publicly pMarm live Or ren renditions of the mmifnl compobitiooa, the performance rights to which SM 6empowered3oiEery' e�f.'gmpi�ywaly on ands, mmeveion�fth ,O LICENSEE which are used as govermuental offices or far related pur owes; these lantbna at which events; are held under LICENSEE'¢ sole control and attended by LICENSEE's ®ployea, their handles, racial acquaintances, utizms, and other members of the publiS and cause arms owned, operated, and/or hand by LICENSEE whits are under LICENSEE's sole molest. 2. LNBTATIONS OF NGOTS: The RIgMs Mated presumes m Paragraph 1 abort ehau specifically "Elude: - A. tae right b perform, brashest, [¢levo¢ Or otherwise ttudmit the Compositions to any location (md¢s and to she vtmt otherwise expressly peamiMtl in Schedule "A"); B. the right b grant the Rigbb to any third pentyl C. "Grand Eights" in and to the Compositions ("Grand Hlghts" include, but we not limited lo, the rig& to perform in whole or to part, dnmatico-musical and dramatic warts in a dramatic sehwg): D. performances of the C rnpositiom (O w&ca are part of a background music originating hum a" location including the MuachaDty, x for which pformince er 0cense lesem otherwise paid, regardless of them ns by wWch Such performances we ten®itled 00 or m the Municipapty, (u) by coin-opwted phonorecmd players ("jukeboxes"), as defined in 17 U.S.C. ¢ 116, and/or (ith transmitted by roadrunner on-line servicess Or elctromc bWIC& boards add vtivM on the Municipally (umms and to the anentotherwise expresdy permitted in Schedule .A i). E. This license shall specifically excade concerts. "Cmceris" are those performances by as . eoterfewq,-..group, m perfmma fm watch m adminim or Mba fee Is charged and mica e am solely promoted by LICENSEE. - F. This liceree ahan spodnlly exclude "Sporting "mass" "Sport g events" are proresdonal, awi-profm,onal, major or minor hague addetic competition. G. TWs liwse shall specNmBy outride Colleges and/or Universities 3. TERM OF LICENSE: A. The tart of the Agreement shall be fm an initial period that commences upon the Effective Date and meadows ren a Period of am (1) year (the "Initial Period"). ThmmDer, the , Agreement shall automatically continue in M force and effect for mteeadditional periods of e (1) year ("Rmewal Penod(s)"). SESAC and /or LICENE SEshall base the right to terminate this Agreement as of the last day a the Inidal Period or as a the last day of ager Reamal Rriud(s) upon giving written norm to As other party by certified mail, remom raeipl. requested, a IVC thirty III) days prior b she commenremeot m any Reaml Period(s). The humal Period and Renewal Psalmist me wmtlMm collectively referred to hemp as the "Tam." B. Notwithstanding anything to the contrary contained hewn, SESAC And have the right b terminate this Agremmt upon thirty (30) days whim notice by ressm of any low, rule, theme, or other maameat having We forxe of law, by my authority, whether Federal, mace, local, territorial or oNawiu, which aball result N substantial interference w SESAC's moraBo t or ager substantal increase in the con of continuing its business. A, M consideration for the Rights granted hermit, LICENSEE shall pay to SESAC the mural "Liceue Fm" them Is uyul in uomexim a with the "Fa Seheme" Sa forth in Schedule "A" mfachd hereto. B. In the event that SESAC Is determined by the tasting auOority or courts M aper Slate in which LICENSEE routines; in operation to be liable for the payment of a gross �pts,"sales, coq busumas me r other tax whah b m based the amount of SESAC's remims hmm LICENSEE, Am LICENSEE Shall rehnbarm SEW, within thhty f3w) days of publication' mentor, fm LICENSUK's pro rata share of ally such tar derived from raupts received from LICENSEE, unless by constitution or statute, LICENSEE Is exempt from any much tax whether applied directly w Indireuty to LICENSEE. C. SESAC Add have me eight to (mpwe a Into payment charge of me and me -half percml (1.51it per month fm any Licesem Fee payment ihm Is more than thirty 00) days past due, In Me event that SESAC imeas any cera or fees In mauetling with the coueatim of any amounts past due to SESAC hereunder, than LICENSEE shall be respaustNe fm paying such smouuis to SESAC untms by cadiman or Amex, LICENSEE is owing fr® any sur8 dharge Whether applied d"uMly or indirectly to LICENSEE. aa:., .... . _... D. Effective ]aamry l of each Vlmdar year the Liuue Fm mayvbx hiaFssed by five percent (5%), rounded m the nearest do0ar. In the event that the percent hwwase in the Consumer Prise Index - At Urban Composure (CFI -ll) all published by the Burro of Labor Statistics, U.S. Department of Lome, Women the mase sect Omober and the. preceding (ttober exceeds five perant(5%), Wm Ue Umnse Re may be taro edby then amount. 0M289 , ILiYS"�FiR9:�]Th A. In (the event LICENSEE Fifa to pay the License Fee when due or is othuwlse in: default of my other provision of this Agreement, then MAC shall have the right to terminate! this Agreement In addition to pursuing any and all other rights stellar retention avamble if UCENSEE'Not not 'enred such breach within thirty 00) days followingMAC's written ndi«- of adds defend. B. MAC shall have the right to withdraw from she scope of this Liceme, upon written notice, the right ro perfom my muJ®1 mnpwition limed hereudder as to which any action hen been threatened, ipso mtal, or a claim made that MAC don not have the right to license the performance rights in nadir C®Iwition. C. This -Agreement shall be bidding upon and 'more to the bench a MAC's add LICENSEE'S legal represenmtive, successors, and assigns, but an assignment shag relieve MAC or LICENSEE OUhtlr obligation under this Agreement. D. This Agreement supersede add cancels all prior negodatiods and undedtandinga belweeu MAC send LICENSEE in connecting with the Municipality. No modification of this Agreement Shall be salid or bidding unlem m writing and asermM by SESAC and LICENSEE. B any Pmf of this Agreement shall be dssmmmed to be invalid or uneNorcable by a court of competent Jurisdiction or by any other legally concentrated body bavmg the Jurisdiction m make such detemmemn, the remainder of this Agreement shall r m Ng farce and effect. No waiver qv W abreach of this Agreement shag M deemed nwediver 4 ary Forcing, condo ing or succeeding brown of the some, or any other provided of thin Agreement. V WCCMS TBEREDF, Me partles have caused this Agreement to be duly signed as M Mos imen baby's date) LICENSEE MAC, Ice BY: BY: (plisse sign here) "a m print bade) TITLE: TITLE: f lune and signed licenm to; MAC -- 55Name Square goal Nash Ec'TN MO -:th ...y x .. MAMGLlJR/QT%TJSIGNA'CDR 0211102 -CRY of Banger -6316-01002 _ -3 (K-289 »»> PLEASE DO NOT DETACH -bHpT ACCOMPAN V UCENSE ««< beholds •'A" MUMCIPALITY-2WJ I. Mme. 'r MuWclpOlyt,' as used to the SESAC Pest MIUMes Lieeme effWive JUM1 01 2001(the "Agro®eot') to which this Schedule "A" is slashed, shall be deRoetl as @e[drowlsp, Muvitlpality: Name: City of Bangor Location: Baugmr ME (the "Municipality') U. Fee Scbednk� Fee. A. The amend License Fee shall be based upon the "PopWa4od' of Bm Mudcipa4ty m noted below: "PooWxlon" L'caue Fee fm Weodar vnr2001 Under 25100 $ 210 25101 - 501000 8 420 $0,001 -100,014 8 683 10,01 -150,00 $ 998 150,01 -250,00 811365 MINK -5M,0W $I'M 500,001 And over $2,158+$110 fm each additional 100,00 population •Topulatinm" 31�a'i3 This license wID authorize who andlar awRolvisud musieal perfarmanm (radio, reurds, tapes, compact diem, riaeoraaaettes. Iver disco, Wevmmn, and sunlmr media), and live musical perfarmaom' Thu lirmse will alw auB:orize pwformaocv via music on hold systems operated by LICENSEE. B. As wed burns, "Popdatino" shall mean Me tad population of the Municipality as of the most recent Called States Census. C. LICENSEE shall pay the theme fee to SESAC upw execution of HIS Agreement, with Bttam Inndao and payable in advance. The ivitial lieewe fee payment shall be a pro-rded amount Wcdrted using the then current theme fee rates) from the Effective Date through the end sir the coma[ bJlmg period. Submquempayments shall be made annually in one (1) payment on or berme He Brea day of Jammer, for the b0ling pMad of Javoary, 1 through December 31 M each colendmymr of the Term. D. Upon execution of this Agreement, LICENSEE shell provide SESAC with a report derailing the populatloa v of We EffNive Time. Thereafter, an or before October 1 of each calendar year, In the event that a cbage In the population mWu In a change in fee category, LICENSEE shill submit an updated report of the Population. Gcrose fees will be adjusted sportive the Innovating Ja mry 1. S AC rttaws the eight 0 obmis these figures through United Sates Cowan Data and make appropriate adjustments to the license fee. 06-259' - - E. NotwlthatanMng anything to the contrary commaed in this Agreement, Was written nutim b LICENSED, SESAC alms have the right W adjust the rates set horde in the Fee Schedule. m the evmd that LICENUtE's License Fee Incrvxan as a mmdt of such adlostmmt to the Fee Schedule, LICENSEE shall have the right b terminate this Agreement as of rhe date such Increase is to tahe arta[ LICENSEE mint give MAC w rhea notice m such terminations by cenMed mml, return receipt requmed, not later than thirty M) days after carmen mac of such finarease Is Sam to LICENSEE by caafled mail. Thin paragraph shall not apply to paragraph <.D or C.D of the Agreement. M. ' Flats Schedme is interpersonal and matle part m the Agreemem. Umm' Otherwise mdirmed, oil rapinliand terms m this Schedule W shall have the same mamag as set PmN in the Ag<e®ter. Wase mac signed flans¢ to:!ASAC 55 Music Square Fast Nashvme, TN 377 City a Donor 163-18410M LD1196067 MAMGLUIUQTTFISIGNATIID, Augost 16, 2000