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HomeMy WebLinkAboutRES 06-284 RESOLUTION NO. 06-284 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with SESAC for the year 2006 for the payment of licensing fees in the amount of$1,100. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2006. �� MO =��U `/11 11 Mayor Guy N. Goodson - u.► 1�it I 0 fit c ' o©aoo Instructions for completing the SESAC Performance License Please verify or complete the information on the SESAC Performance License,then sign where indicated before returning the license with payment in the enclosed postage paid envelope. 1. Name of corporation,partnership,sole proprietorship,etc.—verify or complete either the legal name of Corporation as filed with the Secretary of State or the names of the Partners in a Partnership or the name of the Sole Proprietor. 2. Mailing address—verify or complete the mailing address of the Corporation,Partnership or Sole Proprietor including street address,city,state and zip code. 3. Name—verify or complete the name of the establishment being licensed. 4. Location—verify or complete the street address,including city,state and zip code of the establishment being licensed. 5. Telephone,Fax and email—complete these sections. 6. Please insert today's date—input the date you sign the SESAC Performance License 7. Licensee—sign the SESAC Performance License where indicated,then type or print the name of the person who signs the license including his or her title. If Schedule"A"is Attached 8. Verify all the information regarding music usage. If an Addendum is Attached 9. Complete the addendum and sign where indicated ALL PAGES OF THE SESAC PERFORMANCE LICENSE.INCLUDING THE SCHEDULE"A"MUST BE RETURNED TO SESAC. ---------------------------------------------------------------------------------------------------------------------------------- . YISA Two ways to payl Return this stub with your 1)check or 2)credit card information. arweaMt�s 1.If paying by check please complete the following: 2.If paying by Visa or Mastercard please complete the following: Check No. Amount Paid: Amount Charged:$ Establishment Name Establishment Name Cardholder Name Card Billing Address FOR tNMRNAL USE ONLY City State Zip Card No. 63-42-01005 ————- ————- ———— - ---- Expiration Date__/__ Security Code(see below') Signature 'The security code is the last three or four digits printed on the back of your credit card in the signature block. Please send all correspondence to:55 Music Square East,Nashville,TN 37203 EXHIBIT "A" 63-42-01005/170871/J3 SESAC PERFORMANCE LICENSE for MUNICIPALITIES Agreement made in New York by and between SESAC, Inc. ("SESAC"), a New York corporation, with offices at 55 Music Square East, Nashville, TN 37203 and ("LICENSEE") (Legal Name of ntity (Billing Address) (City, State, ZIP) Telephone: Fax: E-mail: SESAC and LICENSEE hereby mutually agree as follows: 1. GRANT OF RIGHTS: Effective as of January 01. 2006 (the "Effective Date") SESAC grants to LICENSEE the non-exclusive right and license to publicly perform live or recorded non-dramatic renditions of the musical compositions, the performance rights to which SESAC controls and/or is empowered to license (the "Compositions") solely on and in connection with the following: Name City of Beaumont Location Beaumont, TX (the "Municipality") As used herein, "Municipality" shall include those locations owned, operated, and/or leased by LICENSEE which are used as governmental offices or for related purposes; those locations at which events are held under LICENSEE's sole control and attended by LICENSEE's employees, their families, social acquaintances, citizens, and other members of the public; and those areas owned, operated, and/or leased by LICENSEE which are under LICENSEE's sole control. 2. LIMITATIONS OF RIGHTS: The Rights granted pursuant to Paragraph 1 above shall specifically exclude: A. the right to perform, broadcast, televise or otherwise transmit the Compositions to any location (unless and to the extent otherwise expressly permitted in Schedule "A"); B. the right to grant the Rights to any third party; C. "Grand Rights" in and to the Compositions ("Grand Rights" include, but are not limited to, the right to perform in whole or in part, dramatico-musical and dramatic works in a dramatic setting); D. performances of the Compositions (i) which are part of a background music service originating from any location including the Municipality, for which performance license fees are otherwise paid, regardless of the means by which such performances are transmitted on or to the Municipality, (ii) by coin-operated phonorecord players ("jukeboxes"), as defined in 17 U.S.C. § 116, and/or(iii) transmitted by computer on-line services or electronic bulletin boards and received on the Municipality (unless and to the extent otherwise expressly permitted in Schedule "A"). 63-42-01005/170871/J3 5. MISCELLANEOUS: A. In the event LICENSEE fails to pay the License Fee when due or is otherwise in default of any other provision of this Agreement, then SESAC shall have the right to terminate this Agreement in addition to pursuing any and all other rights and/or remedies available if LICENSEE has not cured such breach within thirty (30) days following SESAC's written notice of such default. B. SESAC shall have the right to withdraw from the scope of this License, upon written notice, the right to perform any musical composition licensed hereunder as to which any action has been threatened, instituted, or a claim made that SESAC does not have the right to license the performance rights in such composition. C. This Agreement shall be binding upon and inure to the benefit of SESAC's and LICENSEE's legal representatives, successors, and assigns, but no assignment shall relieve SESAC or LICENSEE of their obligation under this Agreement. D. This Agreement supersedes and cancels all prior negotiations and understandings between SESAC and LICENSEE in connection with the Municipality. No modification of this Agreement shall be valid or binding unless in writing and executed by SESAC and LICENSEE. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect. No waiver of any breach of this Agreement shall be deemed a waiver of any preceding, continuing or succeeding breach of the same, or any other provision of this Agreement. IN WITNESS THEREOF, the parties have caused this Agreement to be duly signed as of Please insert today's date LICENSEE SESAC, Inc. BY: BY: (please sign ere) (Type or print name) TITLE: TITLE: Please mail signed license to: SESAC 55 Music Square East Nashville, TN 37203 City of Beaumont Account No: 63-42-01005/J3 I.D. No: 170871 63-42-01005/170871/J3 Schedule"A" MUNICIPALITY-2006 I. Municipality. "Municipality,"as used in the SESAC Performance License effective January 01. 2006 (the"Agreement")to which this Schedule"A"is attached, shall be defined as the following Municipality: Name City of Beaumont Location Beaumont,TX (the"Municipality") II. Fee Schedule/License Fee. A. The annual License Fee shall be based upon the"Population"of the Municipality as noted below: "Population" License Fee for calendar year 2006 Under 25,000 $ 232 25,001 -50,000 $ 463 50,001 - 100,000 $ 753 100,001 - 150,000 $ 1,100 150,001 -250,000 $1,505 250,001 -500,000 $1,968 500,001 And over $2,490+$232 for each additional 100,000 population Population: 113,866 This license will authorize audio and/or audio/visual musical performances(radio, records,tapes, compact discs,videocassettes, laser discs,television,and similar media),and live musical performances. This license will also authorize performances via music on hold systems operated by LICENSEE. B. As used herein,"Population"shall mean the total population of the Municipality as of the most recent United States Census. C. LICENSEE shall pay the License Fee to SESAC upon execution of this Agreement,with license fees due and payable in advance. The initial License Fee payment shall be a pro-rated amount calculated using the then current License Fee rate(s)from the Effective Date through the end of the current billing period. Subsequent payments shall be made annually in one(1)payment on or before the first day of January,for the billing period of January 1 through December 31 of each calendar year of the Term. D. Upon execution of this Agreement, LICENSEE shall provide SESAC with a report detailing the Population as of the Effective Date. Thereafter,on or before October 1 of each calendar year, in the event that a change in the Population results in a change in fee category, LICENSEE shall submit an updated report of the Population. License fees will be adjusted effective the following January 1. SESAC retains the right to obtain these figures through United States Census Data and make appropriate adjustments to the license fee. E. Notwithstanding anything to the contrary contained in this Agreement, upon written notice to LICENSEE, SESAC shall have the right to adjust the rates set forth in the Fee Schedule. In the event that LICENSEE's License Fee increases as a result of such adjustment to the Fee Schedule, LICENSEE shall have the right to terminate this Agreement as of the date such increase is to take effect. LICENSEE must give SESAC written notice of such termination by certified mail, return receipt requested, not later than thirty(30)days after written notice of such increase is sent to LICENSEE by certified mail. This paragraph shall not apply to paragraph 4.13 of the Agreement. III.This Schedule is incorporated and made part of the Agreement. Unless otherwise indicated, all capitalized terns in this Schedule "A"shall have the same meaning as set forth in the Agreement. Please do not detach, must accompany license Please mail completed license to:SESAC, 55 Music Sq. E., Nashville, TN 37203 City of Beaumont/63-42-01005/J3 ID#170871 63-42-01005/170871/J3