HomeMy WebLinkAboutRES 09-202 RESOLUTION NO. 09-202
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one (1) year
performance license agreement with BMI for the payment of licensing fees for music to
which BMI holds the copyrights. 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 14th day of July,
2009.
AW
w &ayor Becky Ames -
ti
BMI® Music LGE
Performance LOCAL GOVERNMENTAL LI-09/11-LGE
Agreement ENTITIES
1. DEFINITIONS
(a) LICENSEE shall include the named entity and any of its constituent bodies,departments,agencies or leagues.
(b) Premises means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not
limited to, community centers, parks, swimming pools,and skating rinks owned and/or operated by LICENSEE and any site which
has been engaged by LICENSEE for use by LICENSEE.
(c) Recorded Music means music which is performed at the Premises by means other than by live musicians who are performing at
the Premises, including, but not limited to(1)compact disc, audio record or audio tape players(but not including "jukeboxes"); (2)
videotape, videodisc or DVD players; (3)music performed as an accompaniment to karaoke; (4)the reception and communication
at the premises of radio or television transmissions which originate outside the Premises, and which are not exempt under the
Copyright Law;or(5)a music-on-hold telephone system operated by LICENSEE at the Premises.
(d) Live Entertainment means music that is performed at the Premises by musicians,singers and/or other performers.
(e) BMI Repertoire means all copyrighted musical compositions written and/or published by BMI affiliates or members of BMI-
affiliated foreign performing rights societies, including compositions written or published during the Term of this Agreement and of
which BMI has the right to license non-dramatic public performances.
(f) Events and Functions means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except
as set forth in Paragraph 2(d) below, "Events"and"Functions"shall include, but are not limited to, aerobics and exercise classes,
athletic events, dances and other social events, concerts,festivals, arts and crafts fairs, and parades held under the auspices of,
or sponsored or promoted by, LICENSEE on the Premises.
(g) Special Events means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of
limited duration presented by LICENSEE for which the "Gross Revenue" (as defined in Schedule B) of such Special Event
exceeds$25,000.
2. BMI GRANT
(a) BMI grants and LICENSEE accepts a non-exclusive license to perform, present or cause the live and/or recorded public
performance on the "Premises" and at"Events" and "Functions", and not elsewhere or otherwise, non-dramatic renditions of the
separate musical compositions in the"BMI Repertoire". The performances licensed under this Agreement may be by means of
"Live Entertainment"or"Recorded Music".
(b) This license does not authorize (1) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or
otherwise, of renditions of musical compositions in BMI's Repertoire to persons outside of the Premises, other than by means of a
music-on-hold telephone system operated by LICENSEE at the Premises; and (2) performances by means of background music
(such as Muzak)or other services delivered to the Premises. Nothing in this Paragraph shall be deemed to limit LICENSEE's right
to transmit renditions of musical compositions in the BMI Repertoire to those who attend Events or Functions on the Premises by
means of teleconferencing,videoconferencing or similar technology.
(c) This license is limited to non-dramatic performances, and does not authorize any dramatic performances. For purposes of this
Agreement, a dramatic performance shall include, but not be limited to, the following: (1) performance of a "dramatico-musical
work" (as hereinafter defined) in its entirety; (2) performance of one or more musical compositions from a "dramatico-musical
work" (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work
from which the music is taken; (3) performance of one or more musical compositions as part of a story or plot, whether
accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; and (4)performance of a
concert version of a "dramatico-musical work" (as hereinafter defined). The term "dramatico-musical work" as used in the
Agreement,shall include, but not be limited to, a musical comedy,opera, play with music, revue,or ballet.
(d) This license does not authorize performances: (1) at any convention, exposition, trade show, conference, congress, industrial
show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the
auspices of LICENSEE, is presented entirely on LICENSEE's Premises,and is not open to the general public; (2)by or at colleges
and universities; (3)at any professional sports events or game played on the Premises; (4)at any permanently situated theme or
amusement park owned or operated by LICENSEE; (5) by any symphony or community orchestra; and (6) by means of a coin
operated jukebox.
3. REVIEW OF STATEMENTS AND/OR ACCOUNTINGS
(a) BMI shall have the right to require such reasonable data necessary in order to ascertain the Annual License Fee.
(b) BMI shall have the right, by its authorized representatives, at any time during customary business hours, to examine the books
and records of account of LICENSEE to such extent as may be necessary to verify the statements made hereunder. BMI shall
consider all data and information coming to its attention as a result of any such examination of books and records as completely
confidential.
(c) BMI shall have the right to adjust LICENSEE's Annual License Fee based upon the most recently available revised population
figures provided by the U. S. Census Department.
EXHIBIT "A"
Page 1 of 4
4. LATE PAYMENT AND SERVICE CHARGES appointed, they shall appoint a third arbitrator. If ten (10) days
BMI may impose a late payment charge of one and one-half elapse after the appointment of the second arbitrator and the
percent (1%2016) per month, or the maximum rate permitted by two arbitrators are unable to agree upon a third arbitrator, then
law, whichever is less, from the date payment is due on any either party may, in writing, request the American Arbitration
payment that is received by BMI more than thirty (30) days after Association to appoint the third arbitrator. The award made in
the due date. BMI may impose a $25.00 service charge for the arbitration shall be binding and conclusive on the parties and
each unpaid check, draft or other means of payment LICENSEE judgment may be, but not need be, entered in any court having
submits to BMI. jurisdiction. Such award shall include the fixing of the costs,
expenses, and attorneys' fees of arbitration, which shall be
5. BMI COMMITMENT TO CUSTOMER/INDEMNITY borne by the unsuccessful party.
So long as LICENSEE is not in default or breach of this
Agreement, BMI agrees to indemnify, save harmless, and 10. NOTICES
defend LICENSEE and its officers, and employees, from and Any notice under this Agreement will be in writing and deemed
against any and all claims, demands, or suits that may be made given upon mailing when sent by ordinary first-class U.S. mail to
or brought against them with respect to the performance of any the party intended, at its mailing address stated, or any other
musical works which is licensed under this Agreement at the address which either party may designate. Any such notice sent
time of performance. LICENSEE agrees to give BMI immediate to BMI shall be to the attention of the Vice President, General
notice of any such claim, demand, or suit, to deliver to BMI any Licensing Department at 10 Music Square East, Nashville, TN
papers pertaining thereto, and to cooperate with BMI with 37203. Any such notice sent to LICENSEE shall be to the
respect thereto,and BMI shall have full charge of the defense of attention of the person signing the Agreement on LICENSEE's
any such claim, demand,or suit. behalf or such person as LICENSEE may advise BMI in writing.
6. BREACH OR DEFAULT/WAIVER 11. MISCELLANEOUS
Upon any breach or default of the terms and conditions The fact that any provisions are found by a court of competent
contained herein, BMI shall have the right to cancel this jurisdiction to be void or unenforceable will not affect the validity
Agreement if such breach or default continues for thirty (30) or enforceability of any other provisions. This Agreement
days after LICENSEE's receipt of written notice thereof. The constitutes the entire understanding between the parties and
right to cancel granted to BMI shall be in addition to any and all cannot be waived or added to or modified orally and no waiver,
other remedies which BMI may have. No waiver by BMI of full addition and modification shall be valid unless in writing and
performance of this Agreement by LICENSEE in any one or signed by both parties.
more instances shall be deemed a waiver of the right to require
full and complete performance of this Agreement thereafter or of 12. FEES
the right to cancel this Agreement with the terms of this (a) In consideration of the license granted herein, LICENSEE
Paragraph. agrees to pay BMI a license fee which includes the total of
the"Base License Fee"and any applicable "Special Events
7. CANCELLATION OF ENTIRE CATEGORY License Fees", all of which shall be calculated in
BMI shall have the right to cancel the Agreement along with the accordance with the Rate Schedule on Page 3. For
simultaneous cancellation of the Agreements of all other purposes of this Agreement,
licensees of the same class and category as LICENSEE, as of (i) "Base License Fee" means the annual fee due in
the end of any month during the Term, upon sixty (60) days accordance with Schedule A of the Rate Schedule
advance written notice. and based on LICENSEE's population as established
in the most recent published U.S. Census data. It
8. ASSIGNMENT does not include any fees due for Special Events.
This license is not assignable or transferable by operation of law (ii) "Special Events License Fees" means the amount due
or otherwise. This license does not authorize LICENSEE to in accordance with Schedule B of the Rate Schedule
grant to others any right to perform publicly in any manner any of when Special Events are presented by or on behalf of
the musical compositions licensed under this Agreement, nor LICENSEE. It does not include any Base License
does it authorize any public performances at any of the Fee due.
Premises in any manner except as expressly herein provided. (iii) LICENSEES who are legally organized as state
municipal and/or county leagues or state associations
9. ARBITRATION of municipal and/or county attorneys shall be required
All disputes of any kind, nature, or description arising in to pay only the fee under the Schedule C of the Rate
connection with the terms and conditions of this Agreement, Schedule. Such leagues or associations are not
except for matters within the jurisdiction of the BMI Rate Court, subject to Schedule A or Schedule B of the Rate
shall be submitted to the American Arbitration Association in the Schedule. Fees paid by such leagues or
City, County, and State of New York, for arbitration under its associations do not cover performances of the
then prevailing arbitration rules. The arbitrator(s)to be selected municipality, county, or other local government entity
as follows: Each of the parties shall, by written notice to the represented by the league or association. Schedule
other, have the right to appoint one arbitrator. If,within ten (10) C fees are not applicable to municipal, county or
days following the giving of such notice by one party, the other other government entities.
shall not, by written notice, appoint another arbitrator, the first
arbitrator shall be the sole arbitrator. If two arbitrators are so
Page 2 of 4
(e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or ,
entity licensed under a BMI License Agreement, LICENSEE shall indicate the name, address, phone number and BMI account
number of the other person(s)or entity(ies)and the party responsible for payment for such Special Event. If the other party is not
licensed by BMI, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between
LICENSEE and the other party.
(f) LICENSEE agrees to furnish to BMI, where available, copies of all programs of musical works performed, which are prepared for
distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall include all
encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise
prepared.
14. RATE ADJUSTMENTS/LICENSE FEE FOR YEAR 2010 AND THEREAFTER
For each calendar year commencing 2010, all dollar figures set forth in Schedules A, B and C(except the$500 add-on for populations
of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the
Consumer Price Index—All Urban Consumers (CPI-U)) between the preceding October and the next preceding October, rounded to
the nearest dollar. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by BMI.
15. TERM OF AGREEMENT June 1,2009
This Agreement shall be for an initial Term of one(1)year,commencing ,which shall be considered the
effective date of this Agreement, and continuing thereafter for additional terms of one (1) year each. Either party may give notice of
termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the
Agreement shall terminate on the last day of the Term in which notice is given.
AGREEMENT
AGREEMENT,made at New York,N.Y.on(Date will be entered by BMI upon execution) between BROADCAST MUSIC, INC.,
a State of New York corporation with its principal offices at 320 West 576 Street,New York,N.Y. 10019(hereinafter"BMI')and the legal or trade name
described below and referred to thereafter as"LICENSEE"(the"Agreement"). This Agreement includes all of the terms and conditions set forth herein.
PLEASE RETURN THIS ENTIRE SIGNED LICENSE AGREEMENT TO: BMI,10 MUSIC SQUARE EAST,NASHVILLE,TN 37203
ENTER LEGAL NAME: LICENSED PREMISES
(All locations authorized by the LICENSEE)
(Name of Corporation,Partnership,or Individual Owner) (Street Address)
ENTER TRADE NAME: (city) (state) (zip)
Beaumont City
(Doing business under the name of) (Telephone No.) (Fax Number)
(Contact Name) (Title)
CHECK APPROPRIATE BOX AND COMPLETE MAILING ADDRESS
(if different from Licensed Premises address)
❑ Individual Ownership
(Street Address)
❑ LLC ❑ Corporation
(State of Incorporation,if different from Licensed Premises) (City) (State) (zip)
❑ LLP ❑ Partnership
(Enter names of partners) (Telephone No.) (Fax Number)
❑ Other luniaipalitu
(Contact Name) (Title)
Fed.Tax ID#
TO BE COMPLETED BY AN AUTHORIZED FOR ADMINISTRATIVE USE ONLY
REPRESENTATIVE OF LICENSEE TO BE COMPLETED BY BMI
BROADCAST MUSIC, INC.
Signature
Print Name/Title
FOR BMI USE ONLY
IIIIIII�IIIIIIIIIIIIIIIIIII1111111111111111111111111111 157217
Account No. COID
®BMI and the MusictStand symbol are registered trademarks of Broadcast Music,Inc.
Page 4 of 4
2009 RATE SCHEDULE FOR LOCAL GOVERNMENTS
SCHEDULE A
Check Population LICENSEE's Population Base License Fee Enter Fee Based Upon
Range(4) Population
1 - 50,000 05
50,001 - 75,000 608
75,001 - 100,000 731
100,001 - 125,000 975
125,001 - 150,000 $1,219
150,001 - 200,000 $1,584
200,001 - 250,000 $1,949
250,001 - 300,000 $2,317
300,001 - 350,000 $2,682
350,001 - 400,000 $3,049
400,001 - 450,000 $3,414
450,001 - 500,000 $3,780
500,001 - plus $5,133tplus$500 for every 100,000
U U U U ll.l u ti illlI�,QQ�W q[U fYp�tE r1U population increment or portion thereof
P above 500,000 u to a maximum
U U u u y u u u u U:! annual fee of$1 950
SCHEDULE A FEE
SCHEDULE B
Special Events Fee
(to be reported 90 days after each event*,see Par. 13(d))
The rate for Special Events shall be 11%of Gross Revenue.
■ "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of
limited duration presented by LICENSEE for which the"Gross Revenue"of such Special Events exceeds$25,000.
■ "Gross Revenue"means all monies received by LICENSEE or on LICENSEE's behalf from the sale of tickets for each Special Event. If
there are no monies from the sale of tickets,"Gross Revenue"shall mean contributions from the sponsors or other payments received
by LICENSEE for each Special Event.
SCHEDULE B FEE BMl will provide a report
form to report your events'
SCHEDULE C
State Municipal and/or County Leagues or State Associations of Attorneys
(to be completed if you are a State Municipal and/or County Leagues or State Associations of Attorneys)
The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues,or state associations of
municipal and/or county attorneys shall be$305.00. No Special Events fee applies to LICENSEES qualifying under this schedule.
SCHEDULE C FEE
13. REPORTING
(a) Upon the execution of this Agreement, LICENSEE shall submit:
(i) a report stating LICENSEE's population based on the most recent published U.S. Census data. The population set forth in
the report shall be used to calculate the Base License Fee under this Agreement;and
(ii) a report containing the information set forth in Paragraph 13(d)below for all Special Events that were presented between the
effective date of this Agreement and the execution of this Agreement.
(b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented
between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this
Agreement.
(c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall
be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year.
(d) Ninety(90)days after the conclusion of each Special Event, LICENSEE shall submit to BMI payment for such Special Event and a
report in printed or computer readable form stating:
(i) the date presented;
(ii) the name of the attraction(s)appearing;
(iii) the"Gross Revenue"of the event(as defined above);
(iv) the license fee due for each Special Event.
Date: June 11,2009 1872117
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BMI r '
0
July 31,2009
Kyle Hayes
Beaumont City
PO Box 3827
Beaumont TX 77704
Dear Mr. Hayes.
Thank you for licensing your use of BMI music and for recognizing the importance of BMI's work
in helping to promote the continued growth of American Music. Our staff is very proud to serve
the music licensing needs of businesses and organizations like yours because our work and the
work of our more than 375,000 affiliated songwriters, composers, and music publishers would not
be possible without your support.
For this reason, I am pleased to enclose air executed copy of your BMI Music License—your official
verification that your business or organization can benefit from BMi's more than 6.5 million
musical works. Our award-winning repertoire includes every style of music created which ensures
that you will find the right musical fit to create the best atmosphere for your place of business.
I've also enclosed a BMI decal to display in your establishment or organization and a copy of our
customer service brochure"A Quick Guide To Services."This guide provides phone numbers for you
to call for your spec'fic business type. It also answers many questions regarding the licensing
process, such as reporting, invoicing,and renewing your license.
Again, on behalf of the entire family of BMI songwriters, composers,and music publishers, thank you
for playing BMI music.
Sincerely,
Thomas G. Annastas
Vice President
Licensing
Encl. Executod MPA,BMI Decal,Customer Serv;ce Brochure,Customer Benefits
10 music Square East,Nasnvite,Ternessee 3'203.4399 (977)264-2137 FAx (6'.5)401-2624 EXECPdPA-3.doc
am and tM nusrc stand synbol are regstered trademarks of Broadcast Music.Inc.
1872117 07302009 GL MPA
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BMI° Music LGE
Performance LOCAL GOVERNMENTAL F LI-09/11-LGE
Agreement ENTITIES
1. DEFINITIONS
(a) LICENSEE shall include the named entity and any of its constituent bodies,departments,agencies or leagues.
(b) Premises means buildings, hospitals, airports. Zoos, museums, athletic facilities, and recreational facilities. including, but not
limited to,community centers,parks swimming pools,and skating rinks owned and/or operated by LICENSEE and any site which
has been engaged by LICENSEE for use by LICENSEE.
(c) Recorded Music means music which is performed at the Premises by means other than by live musicians who are performing at
the Premises,including,but not limited to(1)compact disc, audio record or audio tape players(but not including"jukeboxes");(2)
videotape,videodisc or DVD players;(3)music performed as an accompaniment to karaoke;(4)the reception and communication
at the premises of radio or television transmissions which originate outside the Premises,and which are not exempt under the
Copyright Law,or(5)a music-on-hold telephone system operated by LICENSEE at the Premises.
(d) Live Entertainment mears music that is performed at the Premises by musicians,singers and/or other performers.
(e) BMI Repertoire means all copyrighted musical compositions written and/or published by BMI affiliates or members of BMI-
affiliated foreign performing rights societies,including compositions written or published during the Term of this Agreement and of
which BMI has the right to license non-dramatic public performances.
(f] Events and Functions means any activity conducted,sponsored,or presented by or under the auspices of LICENSEE Except
as set forth in Paragraph 2(d)below,"Events-and"Functions'shall include,but are not limited to,aerobics and exercise classes,
athletic events,dances and other social events,concerts,festivals, arts and crafts fairs,and parades held under the auspices of,
or sponsored or promoted by,LICENSEE on the Premises.
(g) Special Events means musical events, concerts,shows, pageants,sporting events, festivals,competitions, and other events or
limited duration presented by LICENSEE for which the "Gross Revenue" (as defined in Schedule B) of such Special Event
exceeds$25,000.
2. 8MI GRANT
(a) BMI grants and LICENSEE accepts a non-exclusive license to perform, present or cause the five and/or recorded public
performance on the"Premises"and at"Events"and"Functions",and not elsewhere or otherwise, non-dramatic renditions of the
separate musical compositions in the"BMI Repertoire'. The performances licensed under this Agreement may be by means of
"Live Entertainment"or"Recorded Music".
(b) This license does not authorize(1)the broadcasting, telecasting or transmission or retransmission by wire, Internet,website or
otherwise,of renditions of musical Compositions in SMI's Repertoire to persons outside of the Premises,other than by means of a
music-on-hold telephone system operated by LICENSEE at the Premises:and(2)performances by means of background music
(such as Muzak)or other services delivered to the Premises. Nothing in this Paragraph shall be deemed to limit LICENSEE's right
to transmit renditions of musical compositions in the BMI Repertoire to those who attend Events or Functions on the Premises by
means of teleconferencing,videoconterencing or similar technology.
(c) This license is limited to non-dramatic performances, and does not authorize any dramatic performances. For purposes of this
Agreement, a dramatic performance shall include,but not be limited to, the following: (1)performance of a"dramatico-musical
work" (as hereinafter defined)in its entirety; (2) performance of one or more musical compostions from a "dramatico-musical
work" (as hereinafter defined)accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work
from which the music is taken; (3) performance of one or more musical compositions as part of a story or plot whether
accompanied or unaccompanied by dialogue, pantomime.dance.stage action.or visual representation:and(4)performance of a
concert version of a "dramahco-musical work' (as hereinafter defined). The term "drametico-musical work" as used in the
Agreement.shall include but not be limited to,a musical comedy,opera,play with music.revue,or ballet
(d) This license does not authorize performances (1) at any convention, exposition, trade show, conference, congress, industrial
show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the
auspices of LICENSEE.is presented entirely on LICENSEE's Premises,and is not open to the general public;(2)by or at colleges
and universities;(3)at any professional sports events or game played on the Premises;(4)at any permanently situated theme or
amusement park owned or operated by LICENSEE; (5)by any symphony or community orchestra; and (6)by means of a coin
operated jukebox.
3. REVIEW OF STATEMENTS AND f OR ACCOUNTINGS
(a) BMI shall have the right to require such reasonable data necessary in order to ascertain the Annual License Fee.
(b) BMI shall have the right, by its authorized representatives, at any time during customary business hours,to examine the books
and records of account of LICENSEE to such extent as may be necessary to verify the statements made hereunder. BMI shall
consider all data and information coming to its attention as a result of any such examination of books and records as completely
confidential.
(c) BMt shall have the right to adjust LICENSEE's Annual License Fee based upon the most recently available revised population
figures provided by the U.S.Census Department,
Page I of el
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4. LATE PAYMENT AND SERVICE CHARGES appointed,they shall appoint a third arbitrator. It ten(10)days
BMI may impose a late payment charge of one and one-half elapse after the appointment of the second arbitrator and the
percent (1Yz%) per month, or the maximum rate permitted by two arbitrators are unable to agree upon a third arbitrator, then
law, whichever is less, from the date payment is due on any either party may, in writing, request the American Arbitration
payment that is received by BMI more than thirty(30)days after Association to appoint the third arbitrator. The award made in
the due date. BMI may impose a $25.00 service charge for the arbitration shall be binding and conclusive on the parties and
each unpaid check,draft or other means of payment LICENSEE judgment may be,but not need be, entered in any court having
suomits to BMI. jurisdiction. Such award shall include the fixing of the costs,
expenses, and attorneys' fees of arbitration, which shall be
5. BMI COMMITMENT TO CUSTOMER/INDEMNITY borne by the unsuccessful party.
So long as LICENSEE is not in default or breach of this
Agreement, BMI agrees to indemnify, save harmless, and 10. NOTICES
defend LICENSEE and its officers, and employees, from and Any notice under this Agreement will be in writing and deemed
against any and all claims,demands,or suits that may be made given upon mailing when sent by ordinary first-class U.S.mail to
or brought against them with respect to the performance of any the party intended, at its mailing address stated, or any other
musical works which is licensed under this Agreement at the address which either party may designate. Any such notice sent
time of performance. LICENSEE agrees to give BMI immediate to BMI shall be to the attention of the Vice President, General
notice of any such claim,demand,or suit,to deliver to BMI any Licensing Department at 10 Music Square East, Nashville, TN
papers pertaining thereto, and to cooperate with BMI with 37203. Any such notice sent to LICENSEE shall be to the
respect thereto,and BMI shah have full charge of the defense of attention of the person signing the Agreement on LICENSEE's
any such claim,demand,or suit, behalf or such person as LICENSEE may advise BMI in writing.
6. BREACH OR DEFAULT/WAIVER 11. MISCELLANEOUS
Upon any breach or default of the terms and conditions The fact that any provisions are found by a court of competent
contained herein, BMi shall have the right to cancel this jurisdiction to be void or unenforceable will not affect the validity
Agreement if such breach or default Continues for thirty (30) or enforceability of any other provisions. This Agreement
days after LICENSEES receipt of written notice thereof The constitutes the entire understanding between the parties and
right to cancel granted to BMI shall je in addition to any and all cannot be waived or added to or modified orally and no waiver,
other remedies which BMI may have. No waiver by BMI of full addition and modification shall be valid unless in writing and
performance of this Agreement by LICENSEE in any one or signed by both parties.
more instances shall be deemed a waiver of the right to require
full and complete performance of this Agreement thereafter or of 12. FEES
the right to cancel this Agreement with the terms of this (a) In consideration of the license granted herein, LICENSEE
Paragraph. agrees to pay BMI a license fee which includes the total of
the'Base License Fee"and any applicable"Special Events
7. CANCELLATION OF ENTIRE CATEGORY License Fees", all of which shall be calculated in
BMI shall have the right to cancel the Agreement along with the accordance with the Rate Schedule on Page 3. For
simultaneous cancellation of the Agreements of all other purposes of this Agreement,
licensees of the same class and category as _ICENSEE, as of (i) "Base License Fee' means the annual fee due in
the and of any month during the Term, upon sixty (60) days accordance with Schedule A of the Rate Schedule
advance written notice. and based on LICENSEE's population as established
in the most recent published U.S. Census data. It
8. ASSIGNMENT does not include any fees due for Special Events.
This license is not assignable or transferable by operation of law (ii) 'Special Events License Fees"means the amount due
or otherwise. This license does not authorize LICENSEE to in accordance with Schedule B of the Rate Schedule
grant to others any right to perform publicly in any manner any of when Special Events are presented by or on behalf of
the musical compositions licensed under this Agreement, not LICENSEE. It does not include any Base License
does it authorize any public performances at any of the Fee due.
Premises in any manner except as expressly herein provided. (iii) LICENSEES who are legally organized as state
municipal and/or county leagues or state associations
9. ARBITRATION of municipal and/or county attorneys shall be required
Al) disputes of any kind, nature, or description arising in to pay only the fee under the Schedule C of the Rate
connection with the terms and conditions of this Agreement, Schedule. Such leagues or associations are not
except for matters within the jurisdiction of the SMi Rate Court, subject to Schedule A or Schedule B of the Rate
shall be submitted to the American Arbitration Association in the Schedule. Fees paid by Such leagues or
City, County, and Slate of New York, for arbitration under its associations do not rover performances of the
then prevailing arbitration rules. The arbitrator(s)to be selected municipality. county,or other local government entity
as follows: Each of the parties shall, by written notice to the represented by the league or association. Schedule
other, have the right to appoint one arbitrator. tf,within ten(10) C fees are not applicable to municipal, county or
days following the giving of such notice by one party, the other other government entities.
shaft not, by written notice, appoint another arbitrator, the first
arbitrator shall be the sole arbitrator If two arbitrators are so
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Fax Server 8/17/2009 9: 34 : 59 AM PAGE 5/006 Fax Server
2009 RATE SCHEDULE FOR LOCAL GOVERNMENTS
I- SCHEDULE A
Check Population LICENSEE's Population Base License Fee Enter Fee Based Upon
Range(q) Population
1 50,000 $305
50 On' 75.000 $608
75.001 1(1(1,000 $731
100,001 125,000 $975 $9/5
125,001 150,000 $1,219
150,001 200,000 $1,584
200,001 250,000 $1,949
250,001 300,000 $2,317
�- 300,001 350,D00 $2,682
350,001 400.000 $3,049
400,001 450,000 $3.414
450,001 500,000 $3,180
i 500,001 plus 55.133 Plus 8500 for every 100,00D
If 500,091 or more, enter o ulation populi tion i.,cremov or portion thereof .
P P above 500,000 up to a maximum
annual fm of$60,950
SCHEDULE A FEE $975 00
SCHEDULE B
Special Events Fee
I
(to be reported 90 days after each event',see Par.13(d))
The rate for Special Events shall be 1%of Gross Revenue.
• "Special Events' means musical events, concerts, shows, pageants, sporting events, festivals, competilicns, and other events Of
limited duration presented by LICENSEE for which the"Gross Revenue"of such Special Events exceeds$25,000:
"Gross Revenue"means all monies received by LICENSEE or on_ICENSEE's behalf from the sale of tickets for each Special Event, I(
• there are no monies from the sale of tickets."Gross Revenue'shall mean contributions from the sponsors or othe.,oayments received
by LICENSEE`or each Special Event.
SCHEDULE B FEE 8M will provide a report
form to report your events`
SCHEDULE C
State Municipal and/or County Leagues or State Associations of Attorneys
(to be completed if you are a State Municipal and/or County Leagues or State Associations of Attorneys)
The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues,or state associations of
municipal and/or county attorneys shall be$305.00. No Special Events fee applies to LICENSEES qualifying under this schedule.
SCHEDULE C FEE
13. REPORTING
;a) Upon the execution of this Agreement,LICENSEE shall submit:
(i) a report stating LICENSEES population based on the most recent published U.S.Census data. The population set forth in
the report shall be used to calculate the Base License Fee under this Agreement;and
(ii) a report containing the information set forth in Paragraph 13(d)below for ail Special Events that were presented between the
effective date of this Agreement and the execution of this Agreement.
(b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented
between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this
Agreement
(c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall
be accompanies by a statement confirming whether any Special Events were presented during the previous calendar year.
(d) Ninety(90)days after the conclusion of each Special Event,LICENSEE shall submit to BNII payment for such Special Event and a
report in printed or computer readable form stating;
(i) the date presented;
(ii) the name of the attraction(s)appearing,
(iii) the"Gross Revenue'of the event(as defined above):
(iv) the license fee due for each Special Event.
ooze 07/3012009 1872117
Page 3 o[4
r dX Jt 1 vCl d:.3'f : D�j AM PAuC. 0/UUb rctx oui vCi
(e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or
entity licensed under a BMI License Agreement, LICENSEE shall indicate the name, address, phone number and BMI account
number of the other person(s)or entity(ies)and the party responsible for payment for such Special Event. If the outer party is not
licensed by BMI, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the contrary between
LICENSEE and the other party.
(f) LICENSEE agrees to fumish to BMI,where available,copies of all programs of musical works performed,which are prepared for
distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall Include ail
encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise
prepared.
14. RATE ADJUSTMENTS/LICENSE FEE FOR YEAR 2010 AND THEREAFTER
For each calendar year commencing 2010,all dollar figures set forth in Schedules A,B and C(except the$600 add-on for populations
of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the
Consumer Price Index-All Urban Consumers(CPI-U))between the preceding October and the next preceding October, rounded to
the nearest dollar. Any additional license fees due resulting from the CPI adjustment shag be payable upon billing by BMI.
15. TERM OF AGREEMENT June 1,2009
This Agreement shall be for an initial Term of one(1)year,commencing ,which shall be considered the
effective date of this Agreement, and continuing thereafter for additional terms of one(1)year each. Either party may give notice of
termination to the other no later than thirty(30)days prior to the end of the initial or any renewal term. If such notice is given,the
Agreement shall terminate on the last day of the Term in which notice Is given.
AGREEMENT
AGREEMENT,made at New York,N.Y.on(Date W11 be entered by BM!goon execution) between BROADCAST MUSIC,INC.,
a State of New York corporation with its principal offices at 320 West 5r Street,New York,N.Y.10019(hereinafter'SMIJ and the legal or trade rwme
described below and referred to thereafter as"LICENSEE"(the"Agreement'). This Agreement includes all of the terms and conditions set forth herein.
PLEASE RETURN THIS ENTIRE SIGNED LICENSE AGREEMENT TO: SM1,10 MUSIC SQUARE EAST,NASHVILLE,TN 37203
ENTER LEGAL NAME: LICENSED PREMISES
City of Beaumont (All locations authorized by the LICENSEE)
(Nerve of Cwporabon,Partner at p,or InclMduel Amer) (Sheer Addn.ss)
B Pa mmnnr Ty 777(11
ENTER TRADE NAME: few es—) Met
Beaumont City (409) 838-3435 (409) 838-3715
(pang business under the name of) (feivola a No.) (Fax Number)
Claulie D. Hawkins Director
(Cowed Nemel (Tde)
CHECK APPROPRIATE BOX AND COMPLETE MAILING ADDRESS
IN ddferent from licensed Promises address)
❑ Individual ownership P O Box 3827
(S"of Addroas)
❑ LLC ❑ Corporation Beaumont TX 77704
(slam of Mc«poralion,U dilfei.ru han Uwn..d Premises) (CM (Stara) (zo)
❑ LLP ❑ Partnership (409) 838-3435 (409) 838-3715
R".r w .of p.dron) (Teraphone No.) (Fox Ak-",j
❑ Other luniaipalitu Claudie D. Hawkins Director
(COMea Name) (Tree)
Fed.Tax ID# 74-6000278
TO BE COMPLETED BY AN AUTHORIZED FOR ADMINISTRATIVE USE ONLY
REPRESENTATIVE OF LICENSEE TO BE COMPLETED BY BMI
BROADCAST MUSIC,INC.
Signature
Kyle Hayes/City Manager
Thomas G.Annastas, Vice President
Print Nome/Title
FOR BMI USE ONLY
I�III�IIIIIIIA�IIIIN�111111111 lg7
1572 11'
Account No. COLD
®BMI and the MusicLStand symbol are registered trademarks of Broadcast Music,Inc.
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