HomeMy WebLinkAboutContract 29828 CITY SECRETARY ►�
CONTRACT NO. `- 'U-04Ac :49 RcvD
LICENSE AGREEMENT - LOCAL GOVERNMENTAL ENTITIES
Agreement between the American Society of Composers, Authors and Publishers ("ASCAP")
located at
2690 Cumberland Parkway, Suite 490
Atlanta, GA 30339-3913
by City of Fort Worth
("LICENSEE"), located at
4200 South Freeway, Suite 2200
Fort Worth, TX 76115
as follows:
I. Grant and Term of License
(a) ASCAP grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events"
and "Functions." and not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in
the "ASCAP repertory." The performances licensed under this Agreement may be by means of "Live
Entertainment" or "Mechanical Music". For purposes of this Agreement,
(i) "LICENSEE" shall include the named entity and any of its constituent bodies, departments,
agencies or leagues.
(ii) "Mechanical 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 (A) compact disc, audio
record or audio tape players (but not including "jukeboxes"), (B) videotape, videodisc or DVD players;
(C) 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 (D) a music-on-hold
telephone system operated by LICENSEE at the Premises.
(iii) "Live Entertainment " means music that is performed at the Premises by musicians, singers or
other performers.
(iv) "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 or operated by LICENSEE and any site which has been engaged by LICENSEE for
use by LICENSEE.
(v) "ASCAP repertory" means all copyrighted musical compositions written or published by
ASCAP members or members of affiliated foreign performing rights societies, including compositions
written or published during the term of this Agreement and of which ASCAP has the right to license
non-dramatic public performances.
(vi) "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.
(vii) "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals,
competitions, and other events of limited duration presented by LICENSEE for which the "Ciross
Revenue" of such Special Event exceeds $25,000 (as defined in paragraph 4.(d) below)
(b) This Agreement shall be for an initial term of one year, commencing 04/01/2004, which shall be
considered the effective date of this Agreement, and continuing thereafter for additional terms of one 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.
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2. Limitations On License
(a) This license is not assignable or transferable by operation of law or otherwise. This license does not
authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical
compositions licensed under this agreement, nor does it authorize any public performances at any of the Premises
in any manner except as expressly herein provided.
(b) This license does not authorize (i) the broadcasting, telecasting or transmission or retransmission by wire,
Internet, website or otherwise, of renditions of musical compositions in ASCAP's repertory to persons outside of
the Premises, other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises;
and (ii) 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 ASCAP repertory 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:
(i) performance of a "dramatico-musical work" (as hereinafter defined) in its entirety;
(ii) 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 defined).
The term "dramatico-musical work" as used in this 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:
(i) 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;
(ii) by or at colleges and universities;
(iii) at any professional sports event or game played on the Premises;
(iv) at any permanently situated theme or amusement park owned or operated by LICENSEE;
(v) by any symphony or community orchestra;
(vi) by means of a coin operated phonorecord player (jukebox) for which a license is otherwise
available from the Jukebox License Office.
3. License Fee
(a) In consideration of the license granted herein, LICENSEE agrees to pay ASCAP a license fee which
includes the total of the "Base License Fee" and any applicable "Special Events License Fees", all of which shall
be calculated in accordance with the Rate Schedule attached to and made part of this Agreement. For purposes of
this Agreement,
(i) "Base License Fee" means the annual fee due in accordance with Schedule A of the Rate
Schedule and based on LICENSEE's population as established in the most recent published U.S.
Census data. It does not include any fees due for Special Events.
(ii) "Special Events License Fees" mean the amount due in accordance with Schedule B of the Rate
Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any
Base License Fees due.
(iii) LICENSEES who are legally organized as state municipal and/or county leagues or state
associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule
C of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of
the Rate Schedule. Fees paid by such leagues or associations do not cover performances of the
municipality, county or other local government entity represented by t r assoSxa 1 ,
f i�
Schedule C fees are not applicable to municipal, county or other local government entities.
(b) Unless otherwise limited by law, LICENSEE shall pay a finance charge of 1.5% per month from the
due date, or the maximum amount permitted by law, whichever is less, on any required payment that it is not
made within thirty days of its due date.
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4. Reports and Payments
(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 4.(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 days after the conclusion of each Special Event, LICENSEE shall submit to ASCAP 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. "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 sponsors or other payments
received by LICENSEE for each Special Event;
(iv) the license fee due for each Special Event.
(e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B
with another person or entity licensed under an ASCAP License Agreement, LICENSEE shall indicate the name,
address, phone number and ASCAP 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 ASCAP, 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 ASCAP, 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.
(g) ASCAP shall have the right to examine LICENSEE'S books and records at LICENSEE's place of
business during normal business hours to such extent as may be necessary to verify the reports required by
paragraph 4.(d) above. ASCAP shall have the right to adjust LICENSEE's Base License Fee based upon the
most recently available revised population figures and Population Estimates Program provided by the U.S. Census
Department.
5. Breach or Default
Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP 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
thirty-day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund on a
pro-rata basis to LICENSEE any unearned license fees paid in advance.
6. Interference in Operations
ASCAP shall have the right to terminate this license upon thirty days written notice if the"-any major
interference with, or substantial increase in the cost of, ASCAP's operations as the result of any law in the state,
territory, dependency, possession or political subdivision in which LICENSEE is located Ehichs applicable to
the licensing of performing rights. In the event of such termination, ASCAP shall refund to LICENSEE on a
pro-rata basis any unearned license fees paid in advance.
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7. Non-Discrimination
LICENSEE recognizes that ASCAP must license all similarly situated users on a non-discriminatory basis.
LICENSEE agrees that any modifications to this Agreement by ASCAP, which are required by local, state or
federal law for other municipalities, counties and other governmental entities shall not constitute discrimination
between similarly situated users. Examples of such modifications are statements of equal employment opportunity
or nondiscrimination on the basis of race, creed, color, sex or national origin.
8. Notices
ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States
Mail, by generally recognized same-day or overnight delivery service or by electronic transmission (i.e.,
Mailgram, facsimile or similar transmission) to the appropriate person/office as listed herein. Each party agrees
to notify the other of any change in contact information, such as change of address, change of person/office
responsible, etc. within 30 days of such change.
IN WITNESS WHEREOF, this Agreement has been duly executed by ASCAP and LICENSEE,
this ' '`I 11-11} day of ���,�i_{, 20( .
AMERICAN SOCIETY OF COMPOSERS, CITY OF FO T WORTH
AUTHORS AND PUBLISHERS — --
LIC
by —
by 5l S 7 E./Y
(Fill in capacity in which signed: (a) If corporation, state
corporate office held; (b) If partnership, write word
"partner" under signature of signing partner; (c) If
individual owner, write "individual owner" under
signature.)
APPROVED AS TO FORM AND LEGALITY:
45rSF CnyAt"j We
ATTESTED BY
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Contract Authorizatio>R
Date
ASCAP
2004 RATE SCHEDLTE
FOR LOCAL GOVERNMENTS
SCHEDULE A Base License Fee
POPULATION BASE LICENSE FEE
I - 50,000 . . . . . . . . . . $ 260
50,001 - 75,000 . . . . . . . . . . 520
75,001 - 100,000 . . . . . . . . . . 624
100,001 - 125,000 . . . . . . . . . . 833
125,001 - 150,000 . . . . . . . . . . 1,041
150,001 - 200,000 . . . . . . . . . . 1,353
200,001 - 250,000 . . . . . . . I . . 1,665
250,001 - 300,000 . . . . . . . . . . 1,978
300,001 - 350,000 . . . . . . . . . . 2,291
351,001 - 400,000 . . . . . . . . . . 2,603
400,001 - 450,000 . . . . . . . . . . 2,915
450,001 - 500,000 . . . . . . . . . . 3,228
500,001 - plus . . . . . . . . . . 3,956 plus$500 for each 100,000 of
population above 500,000 to a maximum fee
of$52,054.
SCHEDULE B Special Events
The rate for Special Events shall be 1%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 Event
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
sponsors or other payments received by LICENSEE for each Special Event.
SCHEDULE C 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$260.
License Fee for Year 2005 and Thereafter
For each calendar year commencing 2005,all dollar figures set forth in Schedules A, B and C above(except for
$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. Any additional license fees due resulting from the CPI adjustment shall be
payable upon billing by ASCAP.
ASCAP, 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339-3913 �'� � �VIT,
1.800.505.4052 770.805.3475(Fax)
Email: municipal_licensing@ascap.com :714 6
R.� Il�Tf'1hA
I
Account No.:
2004
ASCAP REPORT FORM
FOR LOCAL GOVERNMENTAL ENTITIES
Licensee: Report Completed By:
Title: Date Completed: Email Address:
Telephone No.: Fax No.: Web Site Address:
CERTIFICATE: I hereby certify that the data reported below is true and correct as of this day of 200
SCHEDULE A-BASE LICENSE FEE(Due upon execution of Agreement and within 30 days of the Agreement's renewal date)
REPORT YEAR: POPULATION: BASE LICENSE FEE: $
(Per current U.S.Census Data) (Please refer to Rate Schedule.)
SCHEDULE B-SPECIAL EVENTS* (Report and payment due 90 days after the conclusion of each special event.)
EVENT PERFORMER(S) OR GROSS REVENUE"* % ISA 1F THE EVENT IS CO-SPONSORED
DATE GROUP(S) OF EVENT APPLIED EVENT PROGRAM OF
(MM/DD/YY) APPEARING (MUST EXCEED TO GROSS FEE MUSICAL Please identify the Co-sponsor name,
If More than 1 525,000) REVENUE WORKS address,phone number and
Event Per Day, ATTACHED ASCAP account number
Please Report as
Separate Entries Yes or No
Name:
i
Address:
X .01 $ Phone No.:
Account No.:
Name:
Address:
X .Ol $ - —
Phone No.:
Account No.: _
Name:
Address:
X .01 $
Phone No.:
Account No.:
Name:
Address:
x .01 $
Phone No.:
Account No.:
"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 Event 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 sponsors or other payments received by LICENSEE for each Special Event.
SCHEDULE C-STATE MUNICIPAL AND/OR COUNTY LEAGUES OR STATE ASSOCIATIONS OF ATTOR:
REPORT YEAR: ANNUAL LICENSE FEE: $260.00 (Due within 30 days of r ewal dare.J ' * WON,
Total Fees Reported From Any or All of Schedule A, B or C: S"
ASCAP,2690 Cumberland Parkway,Suite 490,Atlanta,GA 30339-3913 800.505.4052 77 .805.347
Email:municipal_licensing@ascap.com
VIL Au
ASCAP
DISCLOSURE STATEMENT
This is notice that, in compliance with Sec. 3 of the 1995 Texas Copyright Royalty
Collection Practices Act (V. Tex. C. A., Occupations Code §§2102.001, et seq.):
(1) The performing rights license agreement you have been offered by the American Society
of Composers, Authors and Publishers (ASCAP) contains a schedule of the rates and terms of royalties
under that contract;
(2) At your request, you have the opportunity to review the most current available list of the
members of ASCAP; and
(3) ASCAP will make available, on your written request, and at your sole expense, the most
current available listing of the copyrighted musical works in the ASCAP repertory.
You may obtain gratis the most current available list of ASCAP's members by written
request to ASCAP, 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339, Attention: Phil Skinner.
Information about ASCAP's members and the musical works in the ASCAP repertory can be
obtained in a variety of ways. Separate databases of works that have been registered with ASCAP
since January 1, 1991, or identified in ASCAP's surveys of performed works since January 1, 1978,
are available online at the ASCAP Web Site, www.ascap.com (access the "ACE Database of Musical
Titles" to determine whether particular songwriters or specific songs are in the ASCAP repertory).
Data similar to that contained in the ACE Database is also available on CD-ROM and is available free
of charge by written request to ASCAP, One Lincoln Plaza, New York, NY 10023, attn: Director of
Repertory. More comprehensive records of the titles, dates of U.S. Copyright registration (if any),
writers and current publishers or other copyright owners of all known works in the ASCAP repertory
are available for public inspection at ASCAP's New York office during regular business hours. A
printed current list of ASCAP members can be obtained gratis by written request to ASCAP, 2690
Cumberland Parkway, Suite 490, Atlanta, GA 30339, attn: Phil Skinner. A computer-generated listing
of copyrighted musical works in the ASCAP repertory may also be obtained by written request
addressed to Mr. Skinner at a cost of $2200.00l�us shipping and handling (the listing is over 10,000
pages in length). You can also call or write to us for information as to specific works: (800)
95-ASCAP; or, at our New York address, attn: Repertory Dept. -- Clearance Section.
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ASCAP, 2690 Cumberland Parkway, Suite 490,Atlanta, GA 30339-3913
1.800.505.4052 (Phone) 1.770.805.3475 (Fax)
June 8, 2004 �uN 2 q X04 A S C A P
Ms. Sandra Youngblood
City of Fort Worth
City of Fort Worth
4200 South Freeway, Suite 2200
Fort Worth TX 76115
Dear Ms. Youngblood:
This will acknowledge, with thanks, receipt of your signed license agreement. An executed copy of the
license agreement is enclosed for your records.
Please note that the initial printing of the report form contained a typographical error in the multiplier used
to calculate"Special Event" license fees due under Schedule B of the Rate Schedule. The rate of 1%of
"gross revenues" set forth in the Rate Schedule attached to your agreement is correct. The correct
special event fee formula is "gross revenue x .01"(not".001"). We apologize for the inconvenience and
request that you use the correct formula when reporting special events.
The ASCAP license agreement allows you to provide legally to your patrons America's best music, and
we are certain it will contribute to your community.
Thank you for your cooperation in this matter, and if we can be of assistance, please contact us.
Sincerely,
Kevin Garrelts
EncloSures: Lic.nse Agreement, Certificate
ACC#: 05-46-511672-0
AMERICAN SOCIETY OF COMPOSERS,AUTHORS&PUBLISHERS
2690 Cumberland Parkway,Suite 490 Atlanta,GA 30339
(770)805-3400 Far:(770)805-3468
MAY 0 7 2004 _, CITY SECRETARYrL
17449 Rcvo CONTRACT NO.
G15-I-o-5, -/i�7,2-�
LICENSE AGREEMENT - LOCAL GOVERNMENTAL ENTITIES
Agreement between the American Society of Composers, Authors and Publishers ("ASCAP")
located at
2690 Cumberland Parkway, Suite 490
Atlanta, GA 30339-3913
by City of Fort Worth
("LICENSEE"), located at
4200 South Freeway, Suite 2200
Fort Worth, TX 76115
as follows:
1. Grant and Term of License
(a) ASCAP grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events"
and "Functions," and not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in
the "ASCAP repertory." The performances licensed under this Agreement may be by means of "Live
Entertainment" or "Mechanical Music". For purposes of this Agreement,
(i) "LICENSEE" shall include the named entity and any of its constituent bodies, departments,
agencies or leagues.
(ii) "Mechanical 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 (A) compact disc, audio
record or audio tape players (but not including "jukeboxes"), (B) videotape, videodisc or DVD players;
(C) 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 (D) a music-on-hold
telephone system operated by LICENS-EE'at the Premises.
(iii) "Live Entertainment „ means music that is performed at-the Premises by musicians, singers or
other performers.
(iv) "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 or operated by LICENSEE and any site.which his been engaged by LICENSEE for
use by LICENSEE.
(v) "ASCAP repertory" means all copyrighted musical compositions written or published by
ASCAP members or members of affiliated foreign performing rights societies, including compositions
written or published during the term of this Agreement and of which ASCAP has the right to license
non-dramatic public performances.
(vi) "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.
(vii) "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 Event exceeds $25,000 (as defined in paragraph 4.(d) below).
(b) This Agreement shall be for an initial term of one year, commencing 04/01/2004, which shall be
considered the effective date of this Agreement, and continuing thereafter for additional terms of one 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.
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2. Limitations On License
(a) This license is not assignable or transferable by operation of law or otherwise. This license does not
authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical
compositions licensed under this agreement, nor does it authorize any public performances at any of the Premises
in any manner except as expressly herein provided.
(b) This license does not authorize (i) the broadcasting, telecasting or transmission or retransmission by wire,
Internet, website or otherwise, of renditions of musical compositions in ASCAP's repertory to persons outside of
the Premises, other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises;
and (ii) 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 ASCAP repertory 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:
(i) performance of a "dramatico-musical work" (as hereinafter defined) in its entirety;
(ii) 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 defined).
The term "dramatico-musical work" as used in this 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:
(i) 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;
(ii) by or at colleges and universities;
(iii) at any professional sports event or game played on the Premises;
(iv) at any permanently situated theme or amusement park owned or operated by LICENSEE;
(v) by any symphony or community orchestra;
(vi) by means of a coin operated phonorecord player(jukebox) for which a license is otherwise
available from the Jukebox License Office.
3. License Fee
(a) In consideration of the license granted herein, LICENSEE agrees to pay ASCAP a license fee which
includes the total of the "Base License Fee" and any applicable "Special Events License Fees", all of which shall
be calculated in accordance with the Rate Schedule attached to and made part of this Agreement. For purposes of
this Agreement,
(i) "Base License Fee" means the annual fee due in accordance with Schedule A of the Rate
Schedule and based on LICENSEE's population as established in the most recent published U.S.
Census data. It does not include any fees due for Special Events.
(ii) "Special Events License Fees" mean the amount due in accordance with Schedule B of the Rate
Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any
Base License Fees due.
(iii) LICENSEES who are legally organized as state municipal and/or county leagues or state
associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule
C of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of
the Rate Schedule. Fees paid by such leagues or associations do not cover performances of the
municipality, county or other local government entity represented by the league or association.
Schedule C fees are not applicable to municipal, county or other local government entities.
(b) Unless otherwise limited by law, LICENSEE shall pay a finance charge of 1.5% per month from the
due date, or the maximum amount permitted by law, whichever is less, on any required payment that it is not
made within thirty days of its due date.
4. Reports and Payments
(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 4.(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 days after the conclusion of each Special Event, LICENSEE shall submit to ASCAP 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. "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 sponsors or other payments
received by LICENSEE for each Special Event;
(iv) the license fee due for each Special Event.
(e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B
with another person or entity licensed under an ASCAP License Agreement, LICENSEE shall indicate the name,
address, phone number and ASCAP 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 ASCAP, 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 ASCAP, 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.
(g) ASCAP shall have the right to examine LICENSEE'S books and records at LICENSEE's place of
business during normal business hours to such extent as may be necessary to verify the reports required by
paragraph 4.(d) above. ASCAP shall have the right to adjust LICENSEE's Base License Fee based upon the
most recently available revised population figures and Population Estimates Program provided by the U.S. Census
Department.
5. Breach or Default
Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP 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
thirty-day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund on a
pro-rata basis to LICENSEE any unearned license fees paid in advance.
6. Interference in Operations
ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major
interference with, or substantial increase in the cost of, ASCAP's operations as the result of any law in the state,
territory, dependency, possession or political subdivision in which LICENSEE is located which is applicable to
the licensing of performing rights. In the event of such termination, ASCAP shall refund to LICENSEE on a
pro-rata basis any unearned license fees paid in advance.
7. Non-Discrimination
LICENSEE recognizes that ASCAP must license all similarly situated users on a non-discriminatory basis.
LICENSEE agrees that any modifications to this Agreement by ASCAP, which are required by local, state or
federal law for other municipalities, counties and other governmental entities shall not constitute discrimination
between similarly situated users. Examples of such modifications are statements of equal employment opportunity
or nondiscrimination on the basis of race, creed, color, sex or national origin.
8. Notices
ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States
Mail, by generally recognized same-day or overnight delivery service or by electronic transmission(i.e.,
Mailgram, facsimile or similar transmission) to the appropriate person/office as listed herein. Each parry agrees
to notify the other of any change in contact information, such as change of address, change of person/office
responsible, etc. within 30 days of such change.
IN WITNESS WHEREOF, this Agreement has been duly executed by ASCAP and LICENSEE,
this -!)1-1�4� day of 0(-)l E I , 20(_,q_
AMERICAN SOCIETY OF COMPOSERS, CITY OF FORT WORTH
AUTHORS AND PUBLISHERS — —
LICENSEE
by
by 51j74,-77'aoy
Ttrl. 1
(Fill in capacity in which signed: (a) If corporation, state
corporate office held; (b) If partnership, write word
"partner" under signature of signing partner; (c) If
individual owner, write "individual owner" under
signature.)
ATPP AS TO FORM AND LEG�AALITY:�
c s t. u'ty Attosr Date
ATTESTED BY
Contract Authorization
Date
;Policy - Local Governmental Entities
City of Fort Worth ;;City of Fort Worth
Premise Address: 1000 Throckmorton Mailing Address: 4200 South Freeway,Suite 2200
City,State Zip: Fort Worth,TX 76102 City,State Zip: Fort Worth,TX 76115
Phone: 817-871-7600,Sandra Fax:
817-871-5755
VMain Contact: Ms.Sandra Youngblood Account Num:
Role: Assistant Director ALM: Tina Roberts
Phone: 817-871-7600,Sandra TLM Ann McKnight
817-871-5755 District:
Identified By: ALM
Status: New Prospect Factors Values
Rate Start Date: 04/01/2004
Rate End Date:
Charge Freq: Annual
Seasonal Start:
Seasonal End:
Exception: Yes
Total Rate: $3,956.00
Billing Information a
Year Rate
Site Information
Audio Audio/Visual
Number Speakers: Number of Units:
Type of Speakers: Size of each Unit:
Square footage: Size of Screen:
Receiver Location: Projection:
Wiring: Self-contained speaker?
Paging Capability? Extension.speaker?
VCR present?
Type of programming:
Comments:
ver uo a9 -MI-i internationa
ASCAP
2004 RATE SCHEDULE
FOR LOCAL GOVERNMENTS
SCHEDULE A Base License Fee
POPULATION BASE LICENSE FEE
50,000 . . . . . . . . . . $ 260
50,001 - 75,000 . . . . . . . . . . 520
75,001 - 100,000 . . . . . . . . . . 624
100,001 - 125,000 . . . . . . . . . . 833
125,001 - 150,000 . . . . . . . . . . 1,041
150,001 - 200,000 . . . . . . . . . . 1,353
200,001 - 250,000 . . . . . . . . . . 1,665
250,001 - 300,000 . . . . . I . . . . 1,978
300,001 - 350,000 . . . . . . . . . . 2,291
351,001 - 400,000 . . . . . . . . . . 2,603
400,001 - 450,000 . . . . . . . . . . 2,915
450,001 - 500,000 . . . I . . . . . . 3,228
500,001 - plus . . . . . . . . . . 3,956 plus$500 for each 100,000 of
population above 500,000 to a maximum fee
of$52,054.
SCHEDULE B Special Events
The rate for Special Events shall be 1%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 Event
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
sponsors or other payments received by LICENSEE for each Special Event.
SCHEDULE C 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 artorneys shall be$260.
License Fee for Year 2005 and Thereafter
For each calendar year commencing 2005, all dollar figures set forth in Schedules A, B and C above(except for
$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. Any additional license fees due resulting from the CPI adjustment shall be
payable upon billing by ASCAP.
ASCAP, 2690 Cumberland Parkway, Suite 490,Atlanta, GA 30339-3913
1.800.505.4052 770.805.3475(Fax)
Email: municipal-licensing@asr-ap.com