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HomeMy WebLinkAboutBroadcast Music, Inc. (BMI) Music Performance Agreement - 2009 07 09 Bill July 9, 2009 Kevin Smith City of Winter Springs 1126 E State Rd 434 Winter Springs FL 32708 RE: CORRECTION TO BM! MUSIC PERFORMANCE AGREEMENT ACCOUNT #: 1877717 Dear Mr. Smith: I am pleased to enclose an executed copy of your BMI Music Performance Agreement In order to verify the information that was corrected on your enclosed agreement, please review all of the following information that we have for your account and sign this letter where indicated by the 'X' to signify approval that this information is correct. Then kindly return this letter to BMI within 10 days in the enclosed envelope. LEGAL NAME: City of Winter Springs, Florida "DOING BUSINESS AS" (DBA) NAME: City of Winter Springs START/END DATES OF AGREEMENT: 07101/2009 - 06/30/2010 ANNUAL FEE: $ 305.00 Also enclosed is a copy of our brochure 'A Quick Guide to Services'. This brochure is filled with information about your license and indudes a detailed guide to help you understand your invoice. In addition, there is a BMI decal for you to display, letting your customers know that you support the writers of the music they enjoy. On behalf of BMI's songwriters, composers, and music publishers, thank you. If you have any questions, please contact our Customer Service Department toll -free at (877) 264 -2137 _ Sincerely, _ Crai tamm Senior Director General Licensing / X - . Cu- • • Signatu Date End: Executed MPA, Customer Service Brochure, Decal, BRE 1 10 Mime Square am Nutmeg.. Tennessee 37203-4399 (677) 264 -2137 Fax: (615) 401 -2624 CORRMPA.doc IN me M mule sums gold are rsgsW W Neereeres d 8mreete Wiim. en. Bill July 9, 2009 Kevin Smith City of Winter Springs 1126 E State Rd 434 Winter Springs FL 32708 Dear Mr. Smith: 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 an executed copy of your BM 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 specific 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, a Thomas G. Annastas Vice President Licensing End: Executed MPA, BMI Decal, Customer Service Brochure, Customer Benefits li 10 muse Sours East, tom. Tarnasss• 372tl3-43ei (677) 264 -2137 Fax: (615) 401 -2624 EXECMPA -3.doc ON and a..r.saura symbol n ae.rr. a Broadcast Oak. me. 1877717 07082009 GL MPA • • ® Music ( LGE Performance LOCAL GOVERNMENTAL 1. U-08/12-LGE I Agreement ENTITIES 1. DEFINITIONS (a) LICENSEE shall indude the named entity and any of its constituent bodies, departments, agencies or leagues. (b) Premises means buildings. hospitals, airports, zoos, museums, athletic faciWies, and recreational facilities, including, but not firrr'ted to. community carters, parks, swimming pools, and skating rinks owned andlor 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 Oen by five musicians who are performing at the Premises, including, but not fimried to (1) compact disc, audio record or audio tape players (but not induding 'jukebao:es'); (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 With 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 andlor other performers. (e) BIB Repertoire means all copyrighted musical compositions written andlor published by BMI affiliates or members ot BMI- affBMed foreign performing rights societies, Including compositions written or published during the Term of this Agreement and of which MI has the right to license non- dramarrc 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 reeled 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 dented in Schedule 8) of such Special Event exceeds $25,000. 2. BMI GRANT (a) ell grants and LICENSEE accepts a non - exclusive license to perform, present or cause the live ardor recorded public performance on the 'Premises' and at 'Events' and 'Functions', and not elsewhere or otherwise, non-dramatic renditions of the snares musical compositions in the INN 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 SMrs 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 UCENSEE's right to transmit renditions of musical compositions in the BIM Repertoire to those who attend Events or Functions on the Premises by means of tang, 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 whited 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 ' 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 cant version of a ' work' (as hereinafter defined). The term ' 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 perforrranoes: (1) at any convention, exposition, trade show. conference, congress, industrial show or similar activity presented by UCENSEE or on the Premises unless It Is presented or sponsored solely by and under the auspices of UCENSEE, is presented entirely on UCENSEE'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 kA 3. REVEW OF STATEMENTS AND I 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 rodent as may be necessary to verify the statements made hereunder. BM stall consider all data and information coming to its attention as a result of any such examination of books and records as completely cord. (c) MI 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 1 of 4 r ,, mil III lilizl e ! $p� d i h - gad Sti '� ill 4 isli ighAlli !II l 1 1101 1 :11 II I El 11 E ii14 44! i`elfill il e 1 itiiith ripiii TO IR:10011 II glifilliii i iit1 h I IjijjjiI d i ! iji } i! fix( t �" mil 1 v L L O N u aril i n iluNial gat 1 1Rj . it ;°ig a a !IPA g11 liiii101; 110 k a i h ii i I iU 1 w g i - S . 'Z5 �+ � _ �$•� � � �� l gilh iwim a ; 27- 2 i t .2 l iWIJZ9fi l Vkhr a ;l 40 gi m f g ' N t via b e t al 4 1 i{ fl !i ! II j I hze 1 4 191 1 o . 4 K . ► 2009 RATE SCHEDULE FOR LOCAL GOVERNMENTS SCHEDULE A Check UCENSEs Population Base License Fee Enter Upon Range eh Population E' 1 - 50,000 $305 $305 50.001 - 75.000 $608 75,001 - 100,000 $731 100,001 - 125,000 $975 125,001 - 150,000 1�19 150,001 - 200.000 *1.584 200,001 - 250.000 $1,949 250.001 - 300,000 17 300,001 - 350,000 _ $2,882 350.001 - 400,000 $3.049 400,001 - 450,000 $3,414 _ 450.001 - 500.000 X780 . _ ❑ 500,001 - Plus 100p .000 If 500,001 or more, enter population arm Sand above 600000 us w a suai sun sm. Ise OMAN SCHEDULE A FEE $ 305-00 SCHEDULE B Special Events Fee (to be reported 90 days after each event*, see Par. 13(d)) The Ms for Special Events shall be 1% of Gross Revenue. • 'Specie Everts' meanns musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of freed duration presented by UCENSEE for which the 'Gross Revenue' of such Specie Events exceeds $25,000. • 'Gross Revenue' means al monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event V there are no monies from the sale of Waste 'Gross Revenue' shell mean contrbutlons from the sponsors or other payments raceh itt - by UCENSEE for each Special Event. SCHEDULE B FEE I BIN eel pravfdtaamart rYrw Is report yon eseab• SCHEDULE C State Municipal and/or County Leagues or State Associations of Attorneys (to be completed if you are a Stabs Municipal andiar County Leagues or Stalls Associations of Attorneys) The smul license fee for UCENSEES who we legaly at"snlzsd o stale municipal andlor catty leagues, or stale associalons of municipal andfor county asornsys shall to $305.00. No Spacial Events fee apples to UCENSEES qualifying under this schedule. SCHEDULE C FEE $ 13. REPORTING (a) Upon the esecution of this Agreement, LICENSEE aural submit () a report stating UCENSEE'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 thin Agreements and (r) a report containing the information set forth in Paragraph 13 (d) below for at 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 stall be payable upon the execution of this Agreement. - (c) Base License Fees for subsequent years shall be due and payable wtFhin 30 days of the renewal date of this Agreement and shal 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, UCENSEE shall submit b ti1M payment for such Special Event and a report in printed or computer readable form statirg: (i) the date presented; (I) the name of the attraction(s) appearing: (9) the 'Gross Revenue' of the event (as defined above); (iv) the license fee due for each Special Event Page 3 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 shalt pay the license fee due hereunder, notwithstanding any agreement to the contrary between UCENSEE 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 shal include all encores to the extent possible. LICENSEE shalt be under no obligation to furnish programs when they have not been otherwise prepared. 14. RATE ADJUSTMENTS / LICENSE FEE FOR YEAR 2009 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 — AA 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 This Agreement shall be for an initial Term of one (1) year, commencing July 1, 2009 . 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 JUL O a York. AGREEMENT. made at New Yk. N.Y. on (Date war be entered by BM execution) v between BROADCAST MUSIC. INC.. a Stale of New York corporation with Its principal offices at 320 West 57 Street, New York, N.Y. 10019 (hereinafter "BMr) and the legal or trade name described below and referred to thereafter as 'LICENSEE" ( the 'Agreement'. This Agreement includes all of the fauns and conditions set forth herein. PLEASE RETURN THIS ENTIRE SIGNED LICENSE AGREEMENT TO: BMI, 10 MUSIC SQUARE EAST, NASHVILLE, TN 37203 INTER LEGAL NAME LICENSED PREMISES 1126 East Stale Road 434 City of Winter Springs, Florida (Shut *Ow) MEMaCOWIle PMON Of In awo.Aw) Winter Springs FL 32708 rani Mew Rol ENTER TRADE NAMIE (407) 327 -6590 (rem nos rat) (Fre Numbs" Chris Carson, Program Supervisor (Ding buena= under the now a() (CertEd Minty (Tin) ocarsonOwintersprirgsf.org (Emir AWSss) (»+b Addams) CHECK APPROPRIATE BOX AND COMPLETE M/UL III A ZOgn ("aam* Kw Lamed F1eeiNe aadeeq ❑ lndNidualOwnership ❑ LLC ❑ Corporation ( sitb a lawman.. MOM KM PRNIWIS) PIO (SW (�) ❑ LIP ❑ Partnership row oawaNSbat) Rate a Pe) Par Mambo" m Other a Florida municipal corporation mama waH (TEN Fed Tax Ill a 59- 1026364 roma Adams) TO BE COMPLETED BY AN AUTHORIZED FOR ADMINISTRATIVE USE ONLY REPRESENTATIVE OF UCENSEE TO BE COMPLETED BY BMI BROAD7 IC, I NC .v signatu4 '4.0 ferfril OM* • Thomas G. Annastas, Vice President KEVIN SMITH, CITY MANAGER Print Name ! Title FOR BMI USE ONLY yy 161777/7 ! "7 '11r 7 E Account Nn_ COm w BMI and the music stand symbol are registered trademarks of Broadcast Music, Inc. II Page 4 of 4 /l 4 Ij • 7 ‘: • .. � . . � , - _ , 4 . _ _ , R • - - N _ - - . - • • • [ - ` . • 4 i • F u. - l f V \1 �.'[ '. ; ; Vendor Check Check City of Winter Springs Number pate Number 63.4ieo I 1126 E. SR 434 , $ n 7 ry qk 14228 07/01/2009 00056993 4t; ' Winter Springs, FL 32708 ' \ - Open Account $274.50 Pay Two Hundred Seventy Four Dollars and 50 Cents To The BROADCAST MUSIC INC. Order Of 10 MUSIC SQUARE EAST MP NASHVILLE, TN 37203-0000 Bonk of Ammon MP 110E. . — R 3270e City of Winter Springs Page Number. 1 Check Number: 056993 ,. .**Ok .Nu i< P C�, I!i0::" ti . _ ,, :, �: `'?'''-. r.:.:: • " s:.+ '.1�4 1K74rqulx 06/30/2009 U- 08/12 -LGE CITY OF WINTER SPRINGS 274.50 • 7. 3 9 U J Vendor No _ Vendor. Nbine . Arriot3tf - 14228 BROADCAST MUSIC INC. 00056993 07/01/2009 274.50 our nce Of rma f jt 5 0 ' ' be g s�� The d t 1 , p. A . Lt . 4s - f _ k illS ITS ER! Partnerships are important, especially in these economic times. BMI knows the value of our partnership with you and would like to give you something back for licensing. That's why we are extending to you, this offer of discounts from some of our other partners: www.bmi.com/fedex www.bmi.com /jbl www.bmi.com/dell 25 % Just go to any of these company's links. Once again, you'll be on your way to making BMI music and your Music Performance Agreement work for you. Bill' Your Music Connection• - =---`---_-- - — ` _� �.v sue_ �- - ! -=-7i.-_-_,1:'-;::: ce F • - - - - - - 4 d r- w - �e i r ,_. ..,,.....„,_,,,,.,....„4„,_ i--a 1_ :-,,.--, --_--=:- r ' 1 _ ICL ‘‘ f ', aX nib _ ERVICES , 4 s - -a - '+.F - = y 4 :r = _ _ indowloa I M 4°': ......-t-- .. t t ' F.. . , - .... _I, , , : • 1 a T a i. ; - s Your Music Connection � _ q -_;__ — ti • W .:- -= ---- I 10 Music Square East a _ N ♦.tt'i •■ ttR`sa� Nashville, Tennessee 37203 t � { ' � 1 -877- 264 -2137 i s - - t -_ http://www.bmi.com/g1 < - _ - .. ©2008 BMI - - =- _ = - - ��. WI. Your Music Connection. the music stand symbol and bmi.com ___.� _ } trs • 0 are regi stered trademarks of Broadcast Music Inc f vt ; t .. s a PP - �` 0,,,. _ 11..... What Do I Get When I Sign And Pay A Fee Under A BMI Music Performance Agreement? When you obtain a BMI Music Performance Agree- ment, you gain the legal access (permission) required to publicly perform one of the largest, most diverse repertories of music available. The BMI repertoire contains virtually every style and Almost kind of music created including rock, pop, country, jazz, R & B, new age, classical, bluegrass, polka, Latin, salsa, hip -hop, techno, rap and dance, as well as music from movies, TV, and commercial jin- Everything gles. You Always What Service Does BMI Provide My Business? By providing access to our repertoire through Wanted to Music Performance Agreements, BMI saves busi- nesses the time and expense of contacting each Know About and every songwriter for permission to use their music as required by the U.S. copyright law. By . further simplifying our agreements and working with industry trade associations, BMI continually B1II strives to increase its value to the business corn- munity. BMI music has helped businesses around the world create unique atmospheres to custom market their products to their distinct clientele. What Does BMI Do With My Licensing Fees? A lot of music users ask BMI how much of a profit we make from the license fees we collect. The answer is "none." Throughout our history, BMI has operated on a non - profit- making basis. We are firmly dedicated 2. to giving the maximum amount of money possible How Should I let BMI Know If to those whose rights we protect - the songwriters, I Add Or Delete A Branch Of composers and music publishers. My Business? Currently, more than eighty -seven cents of every In the case of an added location, please send a let - dollar of your licensing fee goes to our affiliated ter telling us the date of the opening and the new copyright owners. The rest pays BMI's operating address and phone number. If you sell or close a expenses. business, please tell us the date of the sale or closing, your account number, the new owner's name and new telephone number (if known). Does A BMI Music Performance Please send letters to Customer Relations at: Agreement Cover All My BMI Licensing Needs? • 10 Music Square East A BMI agreement covers you for the use of any or Nashville, TN 37203 all of the more than 6.5 million musical works in the BMI Repertoire. However, there are two other per- Why Do I Need To Periodically forming rights organizations in the United States. If Report Music Use To BMI? you use the music contained within their reper- toires, you must first obtain permission. Reporting music use and providing information on closed and newly opened businesses will help For a list of the more than 350,000 BMI songwrit- ensure that your music license fee accurately ers, composers, and publishers and the music cov- reflects your music use. ered by a BMI Music Performance Agreement please visit us on the web at www.bmi.com /gl. In the absence of reports, we will bill you an esti- mated fee based on past music use and other information we have received from you. How Do I Renew My license? Most BMI licenses are for an initial term of one What If I Have Other Questions? year. Generally, licenses automatically renew for additional one -year periods unless either you or Please call the number for your specific BMI give notice of cancellation. business type on page 9 if you have: • Questions on billing or invoices • Requests for blank report forms • Address /Contact name changes • A change in ownership • Questions on credit balance • Music use policy /Music use status changes • Questions on license administration (fees, reports. term) 3. 4. Music Profile Information for billing period based on I most current information provided to BMI Invoice Number (Reference,Transaction Number) Profile Details Music Profile information for: 01/012007 - 12/312007 Invoice Number 3097872 The following information represents changes based on a report form you provided to BMI. Premise y Change in Address Adiusted Adjusted Recorded Fee `~ 1234 Main St Profile Prole Previous Annual Change (Credit or Debit) Your Town. USA Detais Details Fees Fee it Recorded Music Fee 1515.50 1515.50 0 Recorded Music Fee r # of Guest Rooms 175 178 R Adjusted Annual (Profile Information and' Radio (Over Speakers) N N Recorded Music Fee Recorded Music Use Records. CDs N N (Based on most S ecific Tapes Y Y '; Previous Recorded p Playing Jukebox N N current information Free to Premise) Music Fees Dancrg to Recorded Music Y Y provided to BMI) Disc Jockey Y Y Cover, Minimum. or Admission r Y Y }, Charge Annual Shows or Acts N N , Previous Live Live Music Fee Televisions Y y \ Videos N N Music Fees (Total Live Music and Video Jukebox N N \ Entertainment Costs Video Jockey N N Of Premises) Live Musk Fee 3,460.00 3,953.00 493. Total Live Music and 155,000.00 179,999.99 Entertainment Costs Change in Live / \ Music Fee ' ,Adjusted Profile Details (Based (Credit or Debit) on most current information Profile Details provided to BMI} (Previous Music Use when accompanied by a credit or debit memo. Current Music Use when . accompanied by an invoice) - 7. 8. • Bowling Centers - • Eating /Drinking Establishments • Hotels /Motels • RV Parks and Campgrounds Please call 1- 877 -264 -2136 Yv If your business is: -� • Aircraft & Aircraft Music Services • Background Music Services • Cruise Lines • Digital Jukeboxes EF • • Digital Video Jukeboxes # a ; i i I' It - • MotorcoachesI '' s _- • Music-On-Hold Services ; + l ' " - = -- • Video Music Services I Please call 1- 877 -264 -2137 ' F ' If your business is: _ .4 - k • Airports .' • Circuses • Colleges__ • Competitions • Concert Bands -- -y •Concert Promoters and Facilities 4 r • Corporate _ -_•__ • Curves .: _ =a - I • Dance Studios = v _ - • Family Shows s • Festivals �- c �' ��_' • • Fitness Clubs -.- . - a • Funeral Homes • Health Care • Indoor Recreational Facilities • Jai Alai • Laser Shows • Movie Theaters • Municipalities • Museums = ' • Music -On -Hold Sites • Racetracks • Retail Establishments , _ -' � ,_� � . %,,,1 . • Shopping Centers -_ • Skating Centers � _ , • Sports '_, • Symphonies • Theme Parks = - • Trade Shows - l ..... t . 0 . . .... ... ... af ft f ilL I Il i. Aferga. . .. '