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Home My WebLink AboutR-99-0749J-99-809 9/30/99 RESOLUTION NO.�Y A RESOLUTION, WITH ATTACHMENT(S), OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS ("ASCAP"), FOR MUSIC LICENSING FIGHTS AT THE BAYFRONT PARK: AMPHITHEATER. WHEREAS, the Bayfront Park Management Trust ("Trust") has managed Bayfront Park with the goal of insuring maximum community involvement; and WHEREAS, the Trust hosts approximately 70 events annually; and WHEREAS, these events regularly feature performers whose work is licensed and protected by American Society of Composers, Authors & Publishers ("ASCAP"); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the ATTACHKiiNT CONTAINED CITY COMMSSION ME£Ti UIG OF O f-T 1 2 1999 R�sat,icon ��. V. Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized'-' to execute an agreement, in substantially the attached form, with American Society of Composer, Authors & Publishers ("ASCAP"), for music licensing rights at the Bayfront Park Amphitheater. Section 3. This Resolution shall become effective !j The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not ` limited to those prescribed by applicable City Charter and Code provisions. - 2 - �- 74() immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this 12th day of October 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not Indicete approve! of this legislation by sinning it in the designated r;!nce said logifflation becomes ifioctive with the lapse of ten (10) dny Jr: t!l' ti i f vCrlii'�i'$Si� 1 CtC: rl regarding same, without the Mayor e.,, i 1 0. � ATTEST: VVaitr; J. Fo , 'an City Clerk WALTER J. FO CITY CLERK APPROV A, TORM�ORRECTNESS:?�/ 010AT .0 VPrLARELL TORNEY 3765:RCL:hdb y If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 3 GENERAL LICENSE AGREEMENT A!'t'(�f!f/�ll� (1,;!\1t...! �tlll'i'ila!{�i,Ill,` „'�!'.l'it`.�}•�.,I!it17N'J:11!,�t�t}!+I! I�, t'\tll !f 11..,} located at 2690 Cumberland Pi kk%a\. Suite 490 Atlanta GA, 30339 and Eli- Oranize New Year's Eve Celebration. 301 N Biscayne Blvd AT&T Amptiahcarer. Miami. FL ("LICENSEEE"). located at 301 N C?`sca%'ne 1310 AT&T Amphitheater Miami, FL as follows: 1. Grant and Terra of License (a) SOCIETY grants and LICENSEE accepts for a term of one year, commencing 12115;98, and continuing thereafter for additional terms of one year each unless terminated b) either parry as hereinafter provided, a license to perform publicly at each of the locations specified in Schedule "A". annexed hereto and made a pan hereof, as said schedule may be amended as hereinafter provided ("the premises"), and not elsewhere, non -dramatic renditions of the separate musical compositions now or hereafter during the term hereof in the repertory of SOCIETY, and of which SOCIETY Fhali have the right to license such performing rights. (b) LICENSEE, agrees to give SOCIETY notice in advance of any additional premises owned or operated by LICENSEE where music is to be performed during the term hereof, and Schedule "A" shall thereafter be deemed amended to include such additional premises. Such notice shall include all information as to "LICENSEE'S Operating Policy" (as hereinafter defined) required for each of the premises by this agreement. (c) Either party may, on or before thirty days prior to the end of the initial term or any renewal term, give notice of termination to the other. If such notice is given the agreement shall terminate on the last day of such initial or renewal tern. 2, Limitations On License (a; This license is not assignab;e or n-ansferabte by operation of la s' 0- otit:rvise, and is li!nitcd to the LICENSEE and to the pramiscs. (b) This license does not authorize the broadcasting, telecasting or transmission by wire or otherwise. of renditions of musical compositions in SOCIETY's repertory to persons outside of the premises. (e) 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: (i) performance of a "drarnmico-musical work" (as hereinafter defined) in its entirety; 00 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; (iii) 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; (iv) performance of a concert version of a "dramatico-musical work" (as hereinafter deftned). The term "dramatico-musical work" as used in this Agreement, shall include, but not be limited to, a musical comedy, oratorio, choral work, opera, play with music. revue, or ballet. 900'd tiZt-8S£-So£ �3� 1 NHO rtt lulc�,ilvu i-u-t ruh; nO REV;E'N. PLEASE IDENTIFY AS F INOW Npd b£ � £ t (nH1)66 ,Z0- 'd9S 3. License Fee (a) In consideration of the license granted herein. LICENSCE agrees to pay SOCIETY the applicable license fce set forth in the race schedule anre.\ed hereto and made Pant hcr_nf. hnscd on "LICENSFE'S Olvi%+tin,'-, Vo!ic- ra; her;inaf,!r rl:tincal for catch of the ;?rc+;ti L,, I�,+,.+! 1: gttar'r;l, in ;trlw,t1we oll i;lml_lr%, I. \rril I t,w ;n,l Octobcr I oi'voch tear. 'rile term uper,tun_ 1'olt:1", us used In tiL�- ,Icrrentrnl, sled( I% dcoalL:J to mean, ail of ;he factors which determine ill\ license fee applicable to each of the premises under said rate schedule. (b) LICENSEE \warrants that the Statemment of' I_ICENSF.E'S Operating Policy annexed hereto For i ;ach of the premises is true and correct. (c) Said license fe_ totals S0.00 annuallw, based on the facts set forth in said Statement(s) of LICENSLE'S Operating Policy. 4. Chances in Licensee's Operating Policy (a) LICENSEE agrees to give SOCIETY thiry daws prior notice ofany change in LICENSEE'S Operating Police for any of the premises, for purposes of this agreement. a change it.. L iCCNSEE'S Operating Policy shall be rre in effect for no less than thirty day,. (b) Upon anv suc� chatt,e in LICENSEE'S Operating Policy resulting in an ir;crease in the license fee. based on the annexed rate schedule, LICENSEE shall pay said increased license fee, effective as of the initial date of such change, whether or not notice of such change has been given pursuant to paragraph 4(a) of this agreement. (c) Upon any ,t+c)t c)an,c in LICEN'S"L S Cep:rating l'uhc; rc,ultnt in a rccim:6un ul'the licctrt.: IL_• 1:1 the annexed rate schedule, LICENSEE shall be entitled to such reduction, effective as of the initial date of such change, and to a pro rata credit for any unearned license fees paid in advance, provided LICENSEE has given SOCIETY thirty days prior notice of such change. If LICENSEE fails to give such prior notice, any such reduction and credit shall be effective thin days after LICENSEE Pives notice of such change. (d) In the event of anv such change in LICENSEE'S Operating Policy. LICENSEE shall frtrnish a current Statement of LICENSEE'S Operating Policy and shall certify that it is true and correct. (e) If LICENSEE discontinues the performance of music at ail of the premises, LICENSEE or SOCIETY may terminate this agreement upon thirty days prior notice, the termination to be effective at the end of such thim day period. In the event of such termination. SOCIETY shall refund to LICENSEE a pro rata share of any unearned license fees paid in advance. For purposes of this agreement, a discontinuance of music shall be one in effect for no less than thirty days. S. Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained, SOCIETY may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shall terminate on the expiration of such thing -day period without further notice from SOCIETY. In the event of such termination, SOCIETY shall refund to LICENSEE any unearned license fees paid in advance. 6. Notices All notices required or permitted hereunder shall be given in writing by certified United States mail sent to either parry at the address stated above. Each party agrees to inform the other of any change of address. t00 'd HZt-M-902:131 INOW Xpd INH Atl9 S£t£I (RHI1 20- 'M IN WITNESS WHEREOF. this Agreement ha; been duly executed by SOCIETY and LICENSCE. this d.iy of 14 AMERICAN SOCIETY OF COMPOSERS. AUTHORS AND PUBLISHERS ure\sct: By LSCENct�GADMI1ST0..Tptl "" rtrt.tt (Fill in capacity in which Siened: (a) Ircorporation. state corpuratt oQtce held: (b) If O'Uai<l,ir, %\ril'. A, J'r,l "�»rt" mulcr.ri_nawti Signing partntr: (c) It indiviJuul ua ntr, aritC "inJirlJuul Owner' under si;naturc.) 800'd iIZI-8S£-90£:131 yP.`IV 99- 7AQ INOW NEE MEMO SM I (flW 66 20- 'd3S 1 i I2A'rE SCj.4E ?ULr -- rESTIVAT,S AND STMTLAR T✓VT;NTS C 1)ACtTY (AS St'rCIF.LED 13Y LOCIU, FIRE D—E,t TZATr PRR nab UP TO G, 000 pe, soils .................................... S 50.00 6.001 TO 12, 000 person. ................................ S 75.00 12,001 TO 25,000 persons.................................S 100.00 Over 25,001 persons ......................... ........ .S 150.00 The above rate schedule covers the use of live and mechanical music in conjunction vAth each festival. However, it is not applicable to musical events (such as live concerts or dances presented before ar after the sliow. in such circumstances, SOCIETY'S concer, rate schedule Shad apply. DISCOUNT or snore short;. A discount of 20A. may be deducted froin the above f";cs fQr l7ay »>crtt for each shop.. in excess c+f twenty-five performed by the LICENSEE durin ; tltc C011 act Vea►. or ally rencv.-al term tltcrtof. :t I i low ttzt-ss£-sa��z 600 'd i f(APf 4 STATCNIIENT Or- LICENSEES 01" RATING POT -IC)' FESTIVAX.,S AND SIM ILAn EVENTS LVENT'SPONSOR Oil ORGANIZER _ -- - PLEASE COMPLETE THE FOLLOWING FOR EACH DAY OF THE E\IENT 'DATE CAPACITY ASCAP LICE, NSE FEE"' 1 1 i i TOTAL ASCAP LICENSE FEC If you require addi�iou:1 rcpon forws, rtcasccopy wis fast, or eoutaa pis ai 1-SUO.505-40�7.. 1a Galeula.i}r tltc ASCJ�h 1 ��...•. �'•• ..'......� ., . loW MA Please complete this report for all events that occurred during the listed periods. Also, please he sure to list those mouths for which no concerts were presented. A x c A P As always, please enclose copies of all serious programs as well as payn)eot. REPORTIS) DUE: 07/01/1994 - 12/31/1994 01/01/1995 - 12/31/1 01/01/1996 - 12/31/1996 01/01/1997 12/31/1 01/01/1998 - 12/31/1998 01/01/1999 - 03/31/1 EXACT DATE NAME OF ATTRACTIONS APPEARING PREMISE NAME NOAIBEA OF PERFORMANCES SEATING CAPACITY HIGHESTPRICE OFAOMISSIUN +�CctuswE o� trod UCENSEFE UMD TIMES w. OF PERFOAh1M CITY AND STATE I1 no Concerts were held in any month, please enter that month as "NONE". If the event contains SERIOUS music, please enclose PROGRAMS. Please Sign X BAYPRONT PARK AMPHITHFATFO TOTAL ASCA59 CCT To: Honorable Mayor and Members Subject: America Society of Composers, Authors of the Ci Commission Publishers and Publishers ' From: D ., For City Commission City \Tanager eeting of RECONDT-gNDATION: It is respcctfully recommended that the City Commission authorize the Bayfront Park Management Trust to execute an agreement, in the attached form, with American Society of Composers, Authors & Publishers, a music licensing company. BACKGROUND: The Bayfront Park Management Trust was created by the Miami City Commission to manage Bayfront Park with the goal of ensuring maximum community involvement. Currently the Trust hosts approximately 70 events annually. These events regularly feature performers whose work is licensed and protected by American Society of Composers, Authors & Publishers. The City Attorney has reviewed and approved the attached contract. DH Wlimk Attachments: resolution i i i I 9J--t4 £00 'd t I t i -8S£-SO£ �'13,1 LN94V }{i�dd 1,hOlid�NB bt � £ I (l1H�,! 66 ,t0- 'd3S