HomeMy WebLinkAbout2003-04-14 03-130 ORDERItem No 03 -Ib
Date: April 14.2003
Item/Subject: ORDER, Authorizing the City Manager to Execute a Music Performance
Agreement Between the City of Bangor and Broadcast Music, Inc. ("BMI')
Responsible Department: Legal
United States Copyright Law protects musical works by giving the author the exclusive right to use or
authorize the use of his or her work. ThIs includes sheet music, CDs, Ndeo and live or recorded public
performance of their work.
Many copyright owners have an agreement with Broadcast Music, Inc. (BMI) to license the public
performance of their works. A BMI license gives the licensee the right to perform or allow m be
performed the copyrighted works of its diens, approximately four and one -hath mullion works.
The International Munitlpal Lawyers Association (IMIA), to which the City belongs, negotiated a model
agreement with BMI. The base license for the City of Bangor is $255.
The Government Operations Committee recommended approval at its March 26, 2003 meeting.
Department Head
Manager's Comments: ;N r� Hao uct� < Oju0w44 unlf'h
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6MY(k'arIX tKt (`*'v"fi^ 1jniZ. City Manager
Associated Information: Agreement
Finance Director
Legal Approval:
last . city Solicitol
Introduced for Consent Agenda
X Passage
rhi Reading Page 1 oft
Referral
AesiDedroComwilor Allen APrit 14. 2003
CITY OF BANGOR
(MLE.) ORDER, Autharizing the City Manager to Execute a Music Performance
Agreement Between the City of Bangor and Bmadwst Music, Inc. ("BMI")
THAT Edward A. Barrett, City Manager, is hereby authorized and directed, on behalf
of the City of Bangor, to execute a Music Performance Agreement, between the City of
Bangor and Broadcast Music, Inc (BMI). A copy of said Agreement is attached hereto.
IB CITY COOBCIL
April 16, 2003
Passed
CLEM
N 03-130
O AO AA
(TITLE,) Authoriziog the city B ger to
lAecufe a Mush Performance Agteemeut
Betueem the City of B gor and Broadcast
EMO "3
it
® 03-130 LGE
mDG�D LOCAL GOVERNMENTAL
B Perforant LI -03/11 -LGE
Agreement ENTTTIES ZG
1. DE ITIONS
(a) LICENSEE shall include the named entltymbe any of its conatiwem bodies. aeparlmgma Manana or leagues.
(b) Premises means buildings. Mspibls, island, zoos, museums, allots, facilities. and recreatlmal tacgiries, indutlirge but not
annited to, community unters, part, $dinning pcob, and adding rinks Owned anchor operMed by LICENSEE and any site which
has been engaged W LICENSEE for use W LICENSEE.
(c) RewrEatl Music means music which is parlonnd at the 'remisesbymeans other Man by laid msiciars who are performing at
the Premises, including, Wt not limped b (1) compact disc, audio record drawl tape players (but not Aitudiig'jukaMwes'): (2)
videotape, vitlectltsc or DVD payers: (3) musk pufonew as an accompaniment to kareoke; (4) le rewptim and communication
at Ne premises of radio or tesmakin transmission¢ which otglnate Wtaide Me PmmiAm, and which are not exempt under Ne
Copyright Law. or (5) a mmiwn-Mld telephone system operated W LICENSEE pint Premised.
(tl) Live EMartamment means music that is pMmmal M the Premises, by residues, singers maker Other perbmRra.
(e) BMI Repmann, means all mpyrgMetl m darl corsosifir s wren antl/w publiehad by BMI aMliams or members of BMI
-
aRliaced frreign performing rights socieges, Including compallons when or published mining the Tenn of Nis Agreement and of
whish Set has the right to license non-drametc public performances.
(D Events and Functions Mears any Sol conducted. sponsored, or presented by or under Ne auspices of LICENSEE. Except
as set roM in ParAgArh 2 (d) Ishow.'EveMs° and Tundions'shall III de. but are cwt limited to, eembP.s and emmise doses$,
athlelm events, dances and other social events, concern, festivals, ads add craft fairs, and parades held under Ne auspices Of,
or sponsored or pomotetl by, LICENSEE an IM Premises.
ans. and other evards of
(g) limitedduratio presented W LICENSEE Nr which the 'Dross For eeSpending
erg(as events. n 4 In Moral tB) W such sha lel Event
emards $25.000.
2. BMI GRANT
(a) BMI grants and LICENSEE Accepts a non¢Nuffie license AS pertwm, pennt An reuse Ne live all reprtled public
performance on the -Fremhod' and at'Evanb' add'Fundarl and nor else m or otherwise, n A-&AdA tic reMitpn$ side
$epi musical compos ions in me 111,11 Repenoira'. The perMmarcea licensed under this Agreement may M by means of
'Live Entedalnmme or'Famorded MualC.
(b) The license does not MIAM ze (t) le Mmticaping, WMarng or tran otheton or retrersrsmon by wire, murnet weer¢ an
M persons
ide
remoses, Other than try
s Of a
otherwise, -hold telephone symmS opeattietl by LICENSEE at the oFinansdad and (22) pertofimanthe cea W means of bacgra nndMudd
(such as Muzak) or other Services delNered to Na Premises. Noting in this Paragraph shall be teemed to limit LICENSEE'S right
Atransmh answers of An Abdul compositions In the spat NMdm mbthuse Asa w Events or Eundcns on the Premises by
mcandy of hatewAerentlng, vltlemonferennng or a hear 4lmalogy.
hs This license u limited W naWnmatic pedomanma, and Mom not suthcrim any dremate pedommnres. For purposes of thio
Agreement, a tlrematk performance shot include, but not be Ilmld R% Me following: (1) performance of a MramaNwmusical
marl' (as Mrsnaher defines in ria array, (2) pertarmame W one Or more muscat ¢mpallons MOM a'dramatlwmusical
xwK (as AdmAnmfiM definds acwn¢anled W multiple, panbmime, dance, stage atlun, or visual rephyrompbn M Me work
horn whiN the musk is taken', (3) perbrmance O( One or mane muskal copmdgns as pad W a may m pro, whpher
accompanied ar unaccompanied
descent version a a'MrmmMkomdialogue
work' (s work' montomime, marks, melb and
ed). The him smer m
attislcalvwAW a used In Me
Agreement shall inclutle, bay not be limited IS, a mu$iwl cometly, opera, play win music, Meme, or ballet.
(it) This license does nM authcdre perio OS: (f) at any convention, exposition, trade show, conference, mgrack iShal l
show Or sdnilar atlMty gasented by LICENSEE or on the Panima unless it's pmseped or amnsored solely by ant untler the
auspices MLICENSEE, is presanded entlrely on LICENSEE'S Premum, antis nor open to the general publlG (2) by or at colleges
and unikedift : (3) at any prom sbnal spalls "events or game played m Ne Premises: (4) at any permanently sli eted theme or
andusermant park Owned or Mosated by LICENSEE: (5) W ant symphony or community moredum; and (0) W means of a won
operated jukdbox,
S. REVIEW OF STATEMENTS AND f OR ACCOUNTINGS
(a) BMI shall have the right to require Such Attorneys data netts ary In order to material Ne Annual License Fee.
A) BMI shall have the AM. by by asharzed representatives. A airy time during customary business hours, W macre the Mot
and recwtls of amount of LICENSEE to such eMnt as may be necessary to very the sstemenu made hereunder. BMI shall
rultler all data and Informatkn coming W Its attention as a resuh W any such exarmyrion of books and raced$ as completely
Bill
shMyl.
(c) BMIl shall have Me right to adjust LICENSEE Annual recently ual License Fes based upon Me MOM available revised populationre
Wea$ provided W Me u. s.. Census
census Department
Page t ora
I. LATE PAYMENT AND SERVICE CHARGES
Set may impose a late payment change of one and earnest
Nov. whichever salevmo, Man the date Payor rate pare on by
payment Mat is reph by BMI more than bill days amid
the due data BMI may impcee a $250e service charge for
each unpaid Check, draft or other means of payment LICENSEE
submiU W BML- -
5. End COMMITMENT TO CUSTOMER INDEMNITY
SO Iwg as LICENSEE. is net In default c¢ bream of be
dradernent. But added he
efend LICENSEE and of oflicessm and employees, lmm and
against any and an claims. demands, or sub that may be made.
or brought against them with maps& be the performance of any
Baneical works which W licensed under Me Agreement at the
of pedordemw, LICENSEE agrees N give Sol immediate
notice 0 any such drum, demand. or suit M deliver W BMI any
papers pedainng Merelo, and to cocparale wth BMI with
respect thereat and BMI shall have lull chage Of the deface of
any, Such dal demand, or an It
G. BREACH OR DEFAULT IWAWER
Upon any breath Or default of the temp and cmdmms
maineb herein. BMI shall have the right to cenwJ tis
NmemeM it such breach m d Ult wntinues far thMy (30)
caorrnLI ENSEE's rectors of written nice thereof The
d b
right granted W BMI shall be in addition W any antl all
Other remedlem which BMI may have. No pattern by BMI of NII
Performance of thin Ag ens by LICENSEE in any we or
Ntee insances Shall be doomed a wander Mine right to require
II and wmrlste mmomunce of tis Agreement thmeaN or
Me right to anwl thin AOraemeul with she terms M Nis
Paragraph
T. CANCELLATION OF ENTIRE CATEGORY
BMI shall woo We rightWcancel Me Agreementalong mMlM
'mums us onwllabon of the Agreements M all Other
112nadee a the Same class and ontegory as LICENSEE, as of
IRS and of any month Shall the Tenn, upon silty (50) days
advance written notice. -
S. ASSIGNMENT
Mine license ie not asgnable or tmnsarable by opaatlon of law
or otherwise, This license does not autorva'LICENSEE W
Shift1M
to off oamy right W perform publicly In any manner any of
licensed under INS
nor
does it auMcrlaeo my public pedo enws �re yam the
Premises in any manner a yt as expressly herein pmN ,
9. ARBITRATION
All disputes M any kind. nature, m destndlonndmil in
Wnnectim Win the Leers and sanctions of he Amserment,
uxpt for matters Within the jure eWlon of the BMI Rate Court,
shall W submitted M MC N d3 n Arbitration Ansucactin in the
Clip Camara, and State 9 New York, for aM"a n under Its
Men prevailing addrideen miss. The arbitR s) to the sehecfed
as feldram Each of Me names mall, by writen notice to the
other, have the right to appoint we aristabr. If, wi No Uo)
days Nllovnnd the Pang of such notice by One party, the Other
shad not, by written notice, appoint another arbitrator, me first
wWt br shall be the soot arbmmtoc If was arbitatars are so
03-130 j
appointed,
elapse after appointment of
a Award decades ads to
Mn abitralcr3 are unable fe agree upon a WN arbtlreloc then
either pard may, in wtltlng Named the Amerian Arbitration
Ane rson b appoint be Mird arbltmtOC The award made In
be arbitration shall be binding and wntlusive on the pelves and
judgment may be, bin not need be, entered in any Sort haply
judadicTon. Such award scall include the bollg of the orae,
eapunde¢, and atl0mey8 fees of Bdcfton, which shall be
bmnebytheunsumesNtRd.._.....
Act NOTICE$ __ g -
Airy nils underthis
when sent by 11 ar In st mailing mit ticemetl
diem upon mailed when sent by ordinary Stated, U.S, mail er
ad paM Inteuch after
its mailed address Any such
w -airy inter
to SMI Suchreg may aesthete.Anysemmelte sen
Li BMI Shall be to nt M 10 Mu of the Vimde Preddi aM. Gs, IRA
3720G.n9 Department M 10 Musk Sguare EE s all the to TN
3]203. Any a peu notiw sem to LICENSEE shall E e Me
behalio r Su to peen Signing Me ggay achos on LICENSEE'S
hehallerawh pamcn as 110ENSEE may adNse BMI Inwnfmg.
K MISCELLANEOUS
The fact that Any provl¢oM1¢ Bra found by a court m immanent
junishctbn m be vold or unenforceable will M adan Me validity
or enrorceabiity N am Other provelon¢. This Agreemem
database the entire undemWMing bra w Me parries and
amnnot be waived or added W w mWMed orally and no waiver,
add LOU and moditkaaon Shall be valid Mww in wngrg ane
Shall by WM portico,
12. FEES
(a) In wnaieeratlm of the license granted herein, LICENSEE
agrees W pay BMI a license No whim In&pdes Me Wal of
the 'Base Liceree FSS' and any appIICSMe'Special Events
License Fees', all of which Shelf be calculated In
acwreance ssith the Rate Schedule on Pale 3, - Fiat
WWasesof Mis4memem,
O "Base License Feer means to annual No due in
Scandal Sub Schedule A of the Poe Schedule
and based on LICENSEES population as established
In IM mMl recent WMiaM1ed U.S. Cevua data. It
Page 2 ofd
(it) "Special Events License Feed mems the amount due
In aoMaoce wflh Schedule B of the Pale $ahedule
when Special Evora are presented by or on behalf of
LICENSEE. It does tors include any Base License
Fee due.
(iii) LICENSEES was are legally mpani as arms
the ll A or Schedule B of the Rale
it Fees pee by such leagues BY
�
ON dal not cover Penarmanre Of Me
fly, counts w other local government enliry
Jed by Ne league or mospeadem Schedule
ma not applica le W transient county Or
2003 RATE SCHEDULE FOR LOCAL GOVERNMENTS 01 3 (
13. REPORTING
(a) Upon th"hood me of Nis Amendment, LICENSEE shall submit
(N a report stating LICENSEE's population based m the most recent publisher U S. Census data The population set SAM in
Me mpmt shall be used t0 calculate the Base ticewe F» under this Agreement and
(it) areport o'ntaining Me Imputation � fort in Parat 13(S)beldv for all Spatial Events Net ware presented between the
social date 0 this Agree ent and the execution of Nie At ent
(b) The Base License Fee for the Nat year of NIs Agreement and any license fees due H 3»cial Events Nat were presented
beMeen the effective date M NIS Agreement and Ne execution of the Agreement Shall be payable upon the Athol of this
Agreement.
(c) Base License Fees the subsequent years chair be due and payable within 30 days of Ne renevrel date a the Agreement and shall
be a6omp»led by a statement confirming whether any Special Events were ryesented during Oe previous calendaryear.
(d) Ninety(90)do"ear Ne conduction of each Special Event, LICENSEE shell submit he BMl payment for such Special Event anda
Nei pointed or computer readable term stating:
(1) Nedatepm"ntetl:
(it) Me named the athachoMal appeamg:
pa) the 'Gress Revenue'. of me event (as defined amve):
pv) the ncen»fee due for each Scandal Event
oan Fedmary ID, M03 IML020318i1
Page 3 of4
SCHEDULE A
Cho Z'
PopulaXan LICENSEE'S popuhticn Baze Lidrn»Fee Enter Fea Basetl Upon
Ran8e 1'n Populatbn
1 SO.P00 $255
50001 ]5,000 $St0
15.001 100,000 15t2
iPo00t (25,000 $Bi6
t25.00t 150.000 E1.020--
t50.00t 200000 Et 326 .
200.00t 250.000- $1.632
250.OPt b0A00 g1.939
300101 3W,000 $2,245
3W.001 4Po.000 $2,551
4Po.00t 450.000 82a57
450.001 500000 E3.t63
500,OO1 plus pim Ysmrarwwyrm,mp
nor n�e', yhpuanmi wpn�
am SCHEDULEAiEE
SCHEDULER
Special Everts Fee
(to be repor[etl 80 days attar »cM1 event•, see Per. t3(tl))
The raW for 3cecblEwMa shall bel%ofGmss Rmenue.
'Special Even16 deans musk& rveW, wnmrR, sown, peg»np ccenNp dumb, helivab, wrncetltlona, ¢rtl atom rvanh Of
Iine1W tlurztim presenb5 No LICENSEE IdwM1M IIp'Gmss Bev¢nu¢'UwcX $pedal EuxnW ¢xt¢Ma$25,000.
'Ginza rievenue' indene ell monied regrva] by LILENSEEpm LICENSEE'S reMlfhom Op sale of Much (deach Spegy Evenl. I!
Nene era no nimiee frcm lbe Sere W tidtds, •Genas Revenue' afNA meat gnNBullore linin the slvnzws or mtiv psymsnk regi»C
tyLICENGEEfw earA Special Eveirt.
SCHEDULE SFEE
SCHEDULE
State Municipal anrgor County Leagues or State Assodrtlone Of Attorneys
Do be completetl If yeu are a State Municipal and/or County Leagues Or State As»datlons of AHomeys)
The annual Ilgnae(ae(m LICENSEES who am Ipallyppan¢eE as state municipal arNorxurTylw9pas, or state azwddpre d
muddptl ad/dmuMyatlmpya sM1all be $2RA0. NOSpyial Evanh he appllea to LICENSEES roughing under the
ttMtlule.
SCHEDULE L FEE
03-130 3Z
(e) N LICENSEE presenia sp om ors or promMm a Special Event Mat Is repartable under Fred School B x11h another person a
en4ty Ilcens untler a SMI Upernse Agreement, LICENSEE shall indicate the came, address, phone number and Bell account
umber of Ne other pereen(e)or antiiy(es) and pee respmsime for payment for such Sell Order. It the other parry Is net
licensed by BMI, LICENSEE Niall pay the lial has due bereuntleo nota th lhar lrg any apreement 0 the contrary hetvreen
LICENSEE and the OMerperty.
IN LICENSEE agrees to famph to BMI, wfiere avagated comes M all pmgcams of musical cents pertmmetl, which are prepared for
diturbuthen to Me audience or far Me use or Information of LICENSEE or are department Merel The programs shall include all
roe to the extent possible. LICENSEE Mall be under no obligation to brnkh pm]ra l when M bmwise
May have not oth
prered,
ib. RATE ADJUSTMENTS LICENSE FEE FOR YEAR 3000 AND THEREAFTER
For each ale0dar"at commendrig dol9e 2004, all dollar figures set bM In SdteA, B and D humbet the $5W actor Or populations
M 500,001 M it ) shall be the license ice fa Me preceding calendar year, adjusted in appearance all the increase in the
Consumer Price Index -All Urban Consumers (CPI -UN heMaan the preisedN October and the next preading October, mune to
the radical not Any accident license fees due resWtmg from the CPI adjustment shell be payable own RISE by BMI.
15. TERM OF AGREEMENT
This Agreement stall be for an Initial Term of Me (1) your commanding February, 2003 which shall be wvgened the.
eRectro, data of this Agreement, and continuing tlrereaXer for addifwnal rearms of ore (t) year Each. Either pars, may give notice of
termination to the March later than MiM (SO) days pro/k, the and of Me nitiN or amy re ll term. U such notice is given, the
Agreement shall terminate on the Iasi day ofMe Term in whit, notion is given.
AGREME T
ENW. Rdaag aemenrincluaesll a'mte:mMen Bmneluon�serwnnnerIeNiDn.
a SattINNear YM mrpanflon xM b arnothe Office, st TO d Si° Shop. New VdNY.s.e IaChialle
de -PLerr end resned msish ea LCERI(the 'a$ceem�E
RETURN TIRE ENTIRE SIGNED LICENSE AGREEMENT TO: BMI,IOMOSICSOVAREEAST,NASKVILLE,T1,13TA3
ENTER Ill NAME: - UCENEEG PREMISES
ENTER TRADE NAME:
CHECK APPROPMAIE BOX AND COMPUTE
❑
Indexes! Cem cit
❑ ULC ❑ cmm�atiw
❑ uP ❑ Percent m. nmwwm..mv, mnr,nm�m..®1
marner.,,N.e»r
El Quer
Fad. Tax log
TO BE COMPLETED BY AN AUTHORIZED
REPRESENTATIVE OF LICENSEE
signature
Extramural
IVIVIIIVIIIIIIIVI�I AI IIIIIIIVIIVIVIIIVIIIIIIN
crag an re"re"ad
MAIYNG ADDRESS
m Rm.nr rrmm Gane.a...mM®,aareal
F+ma.Nel m.:...er
FOR ADMINISTRATIVE USE ONLY
TO BE COMPLETED BY BMI
BROADCAST MUSIC, INC.
FOR SMI USEONLY
IMLOA]16]t
Aawnr No __ .COIR._.,.,._
0 EMI aM me MancmM symbol arc reached exceeded of Financed Mean, mc.
Pege6o[4