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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 $255. The Government Operations Committee recommended approval at its March 26, 2003 meeting. Department Head Manager's Comments: ;N r� Hao uct� < Oju0w44 unlf'h /}$C f}1Pl?he rlrhy✓erOtLI t.kJ4lnMn lig _ L1�I�� ,g,(lir,q�l r.r+w�l l f WY UIL�-tW�I bw /r eCJra fCF,lawu w���T.��-J. � 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