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2013-28268 Reso 2013-28268 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING PURSUANT TO SECTION 2-367(D) OF THE MIAMI BEACH CITY CODE, THE SOLE SOURCE PURCHASE OF PUBLIC PERFORMANCE RIGHTS IN AN AMOUNT NOT TO EXCEED $30,500 ANNUALLY; FOR MOTION PICTURES TO BE SHOWN FREE OF CHARGE AT VARIOUS OUTDOOR LOCATIONS INCLUDING SOUNDSCAPE, NORTH SHORE BAND SHELL AND OTHER CITY PARKS, FROM SWANK MOTION PICTURES, INC., AND FROM CRITERION PICTURES, USA, SOLE SOURCE HOLDERS OF PUBLIC PERFORMANCE RIGHTS FOR SPECIFIC MOTION PICTURES; AND FURTHER APPROVING SOLE SOURCE PURCHASE FOR AN ADDITIONAL TWO (2) YEARS CONTINGENT UPON FUNDS APPROPRIATIONS. WHEREAS, the Parks and Recreation Department began showing free "Movies in the Park" in 2005, and recently expanded its offerings to include regular weekend screenings at the North Shore Band Shell, which have attracted over 2,600 attendees; and WHEREAS, the Tourism, Culture and Economic Development Department launched the SoundScape Cinema Series in 2011, presenting free screenings every Wednesday night from October through May and attracting more than 25,000 residents and visitors each season; and WHEREAS, the City must obtain a Public Performance Event License from each film's copyright holder or designee, pursuant to the 1976 U.S. Copyright Act (Title 17, 94-553); and WHEREAS, most of the specific films shown are licensed solely by Swank Motion Pictures, Inc., or Criterion Pictures, USA. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve, pursuant to Section 2-367(D) of the Miami Beach City Code, the sole source purchase of public performance rights in an amount not to exceed $30,500 annually, for motion pictures to be shown free of charge at various outdoor locations including SoundScape, North Shore Band Shell and other City parks, from Swank Motion Pictures, Inc., and from Criterion Pictures, USA, sole source holders of public performance rights for specific motion pictures; and further approving sole source purchase for an additional two (2) years contingent upon funds appropriations. PASSED and ADOPTED this 17th day of July, 2013. � Edward L. Tobin •.'� �� Vice-Mayor ATTESTED BY: �° APPROVED AS TO Z :INCORP ()RATED.: * FORM & LANGUAGE CI LERK &FOR EXECUTION < 2E 1 ty orn � Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving Sole Source Purchase Of Public Performance Rights In An Amount Not To Exceed $30,500 For Free Film Screenings At Soundscape, North Shore Band Shell And Other City Parks From Swank Motion Pictures, Inc.,And Criterion Pictures USA; And Further Approving Sole Source Purchase For An Additional Two (2)Years Contingent Upon Funds Appropriations. Key Intended Outcome Supported: Maximize Miami Beach as a destination brand. Supporting Data(Surveys, Environmental Scan,etc.): The 2012 Community Satisfaction Survey shows that 67%of residents 56%of businesses feel the City has"about right'the amount of cultural activities. Item Summa /Recommendation: The Parks and Recreation Department began showing"Movies in the Park"at North Shore Park Youth Center and Flamingo Park in 2005, and recently expanded its offerings to include regular weekend screenings at the North Shore Band Shell. These weekly movies have attracted over 2,600 attendees with an average weekly attendance of 117 people.The Tourism, Culture and Economic Development Department launched the SoundScape Cinema Series in 2011 as part of its Arts in the Parks activities, presenting free movies every Wednesday night from the beginning of October until the end of May. These screenings have proven to be extremely popular,attracting more than 25,000 residents and visitors each season,along with local and national press coverage. For each film shown the City must obtain a Public Performance Event License from the film's copyright holder or designee, pursuant to the 1976 U.S. Copyright Act(Title 17, 94-553.) Most of the films shown by the City are licensed solely by Swank Motion Pictures, Inc.,and a smaller number are licensed solely by Criterion Pictures, USA. In rare instances the licensing rights have been retained by the film's producer or studio, from whom the City must obtain the license directly. For each film there is a license fee based on title, venue, date, admission price and estimated audience size. These fees generally range from $200 to $800. The license may also contain restrictions regarding screening dates and advertising. Both Swank and Criterion as the exclusive agents for the film studios who retain the copyrights for the films that each distributes for public showings. However, in its due diligence, the Procurement Division issued Intent to Sole Source(ITS) 326-2013 to ascertain whether any other vendors were available to provide the requirements noted herein as sole source. No responses to the ITS were received. Recommendation The Administration recommends that the Mayor and City Commission adopt the attached resolution,authorizing sole source procurement, pursuant to Section 2-367 (d) of the Miami Beach City Code, from Swank Motion Pictures, Inc., and from Criterion Pictures USA, sole source holders of public performance rights for specific motion pictures. Advisory Board Recommendation: N/A Financial Information: Source of nd Amount Account Approved 20,500 011.0380.000349 10,000 011.9322.000353 BPI Total 30,500. Financial Impact Summary: City Clerk's Office Legislative Tracking: Max Sklar, ext.6116 Si -Offs: D., nt.: Assis i Mana er Ci Mana er MAS AD KGB JLM- I � w M I AM I EAC H AGENDA. ITEM C 7 Z ... ......... DATE '7-/ 7- 2 % City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me of the Cit Commission FROM: Jimmy L. Morales, City Manager ers f DATE: July 17, 2013 SUBJECT: A RESOLUTION OF THE MAYOR ers AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING PURSUANT TO SECTION 2-367(D) OF THE MIAMI BEACH CITY CODE, THE SOLE SOURCE PURCHASE OF PUBLIC PERFORMANCE RIGHTS IN AN AMOUNT NOT TO EXCEED $30,500 ANNUALLY; FOR MOTION PICTURES TO BE SHOWN FREE OF CHARGE AT VARIOUS OUTDOOR LOCATIONS INCLUDING SOUNDSCAPE, NORTH SHORE BAND SHELL AND OTHER CITY PARKS, FROM SWANK MOTION PICTURES, INC., AND FROM CRITERION PICTURES, USA, SOLE SOURCE HOLDERS OF PUBLIC PERFORMANCE RIGHTS FOR SPECIFIC MOTION PICTURES; AND FURTHER APPROVING SOLE SOURCE PURCHASE FOR AN ADDITIONAL TWO (2)YEARS CONTINGENT UPON FUNDS APPROPRIATIONS. ADMINISTRATION RECOMMENDATION Adopt the resolution. KEY INTENDED OUTCOME Maximize Miami Beach as a destination brand. FUNDING Account Codes: Soundscape Cinema Series 011.0380.000349-$17,000.00 -Swank Park& Recreation 011.9322.000353 -$10,000-00 -Swank Soundscape Cinema Series 011.0380.000349 -$ 3,500.00 -Criterion Current FY expenditures are estimated at the approved budgeted amount of $30,500. Future purchases will be contingent upon annual budget appropriations. BACKGROUND The Parks and Recreation Department began showing "Movies in the Park" at North Shore Park Youth Center and Flamingo Park in 2005, and recently expanded its offerings to include regular weekend screenings at the North Shore Band Shell. These weekly movies have attracted over 2,600 attendees with an average weekly attendance of 117 people. The Tourism, Culture and Economic Development Department launched the SoundScape Cinema Series in 2011 as part of its Arts in the Parks activities, presenting free movies every Wednesday night from the beginning of October until the end of May. These screenings have proven to be extremely popular, attracting more than 25,000 residents and visitors each season, along with local and national press coverage. Commission Memorandum July 17, 2013 Film Rights Sole Source Page 2 ANALYSIS For each film shown the City must obtain a Public Performance Event License from the film's copyright holder or designee, pursuant to the 1976 U.S. Copyright Act (Title 17, 94-553.) Most of the films shown by the City are licensed solely by Swank Motion Pictures, Inc., and a smaller number are licensed solely by Criterion Pictures, USA. In rare instances the licensing rights have been retained by the film's producer or studio, from whom the City must obtain the license directly. For each film there is a license fee based on title, venue, date, admission price and estimated audience size. These fees generally range from $200 to $800. The license may also contain restrictions regarding screening dates and advertising. As noted, both Swank and Criterion as the exclusive agents for the film studios who retain the copyrights for the films that each distributes for public showings. However, in its due diligence, the Procurement Division issued Intent to Sole Source (ITS) 326-2013 to ascertain whether any other vendors were available to provide the requirements noted herein as sole source. No responses to the ITS were received. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached resolution, authorizing sole source procurement, pursuant to Section 2-367 (d) of the Miami Beach City Code, from Swank Motion Pictures, Inc., and from Criterion Pictures USA, sole source holders of public performance rights for specific motion pictures. T:\AGENDA\2013\7\17\13\Films Sole Source Memo.doc jai MOTION PICTURES, INC.it w Tim Swank,Chairman November 29, 2012 Via e-mail to: Gary Farmer City of Miami Beach 1700 Convention Center Dr Miami Beach, FL 33139 Subject: PUBLIC PERFORMANCE LICENSING The Federal Copyright Act(Title 17 of the U.S.Code)governs how copyrighted materials,such as movies, may be used.Neither the rental nor the purchase of a copy of a copyrighted work carries with it the right to publicly exhibit the work. No additional license is required to view a movie or other copyrighted work with a few friends and family members in the privacy of their home;however,bars,restaurants,businesses, private clubs,prisons, lodges,summer camps,public libraries,park and recreation departments,churches and non-classroom use at schools and universities are all examples of situations where a public performance license must be obtained. SWANK MOTION PICTURES,founded in 1937,is the world's largest non-theatrical distributor of motion pictures and TV programming.Major Hollywood and independent studios have appointed Swank Motion Pictures as their exclusive public performance licensing agent. Studio clients include: CBS FILMS MONTEREY MEDIA COHEN MEDIA NEW LINE CINEMA DREAMWORKS OPEN ROAD FILMS EONE ENTERTAINMENT OSCILLOSCOPE PICTURES FOCUS FEATURES PARAMOUNT PICTURES GAIAMNIVENDI ENTERTAINMENT RELAVITY MEDIA HALLMARK HALL OF FAME SONY PICTURES HBO UNIVERAL PICTURES IMAGE ENTERTAINMENT WALT DISNEY PICTURES LIONSGATE WARNER BROTHERS MAGNOLIA PICTURES THE WEINSTEIN COMPANY MILENNIUM ENTERTAINMENT If you are uncertain about your responsibilities under the copyright law,please feel free to contact a copyright attorney or the Motion Picture Association of America directly—www.mpaa.or . Sincerely, Britney Stiles Account Executive Swank Motion Pictures,Inc. 10795 Watson 1pad • St. Louis 9V0 63127-1011 Phone 314.984.6000 • 800.876.5577 • Tacsimife 314.909.0879 a ,,E ail lei gin PICTURES 8238 -40 Lehigh Avenue, Morton Grove, Illinois 60053-2615 Telephone (800)890-9494 (847) 470-8164 Fax (847)470-8194 Website: www.criterionpicusa.com PUBLIC PERFORMANCE LICENSING - HOW DOES IT WORK? Criterion Pictures is a film distribution company which provides performance licensing for public exhibition of motion pictures in non-theatrical markets. Currently we represent 20th Century Fox, Palisades/Tartan, Concorde New Horizons and more. Screening movies can be a fun, enjoyable and profitable method of programming for your institution. Film titles evoke emotions and memories which drive participants to attend your event.The information below is designed to help you navigate the laws, protocols and methods involved in a film screening. FAQs w Who needs a license? Is licensing needed for non-profit groups or when no admission is charged ? How much does licensing cost? What are the consequences for not licensing? How many screenings are covered by my license? What films can Criterion provide for non-theatrical markets ? If I need a copy of the movie shipped to me,when can I expect it to arrive? , Once the screening is over,where do I return the media? Who needs a license? Public Performance licensing is required by Title 17 of the US Copyright Act which provides copyright owners (which include the artists and performers of a particular work)command over their product. Public Performance refers to all screening which take place outside of the home.Whether purchased, rented or borrowed from a library or an individual, all vhs and dvds allow for home based private screening. However, if a presentation takes place outside of the home, it is categorized as a Public Performance and requires legal licensing. Criterion controls its product in"non-theatrical markets,"meaning any public performance outside of first run movie theatres("theatrical"). The non-theatrical umbrella for Criterion can license its titles includes(but are not limited to): colleges—public, private and for-profit, churches and all other religious institutions, public libraries, child care facilities, park and recreation departments, bars, brewpubs, clubs, restaurants, schools-elementary and secondary both public and private, performing art centers, live theaters, outdoor screening companies, amusement parks, stadiums, racetracks, business meeting, management training seminars and prisons. If your facility or institution does not fall under these categories, please contact a Criterion representative regarding your license needs. Is licensing needed for non-profit groups or when no admission is charged?. Whether your organization is for profit or not-for-profit(non-profit), a Public Performance license is required. Groups must obtain licensing if admission is charged or the screening is free. The film must be licensed in all situations outside of home video viewings whether the film is rented, owned, purchased or loaned. How much does licensing cost? Licensing fees are dependent on a variety of factors and situation, such as: possible number of attendees, screening date, location (indoors or outdoor)and movie title selection. Your account executive can supply a licensing quote based on these variables. What are the consequences for not licensing? Motion Picture studios in conjunction with the MPAA(Motion Picture Association of America)and the FBI (Federal Bureau of Investigation)monitor and regulate violations related to Public Performance screenings. Most films will display a warning stating that"Federal law provides severe civil and criminal penalties for the unauthorized...exhibition of copyrighted motion pictures, video tapes or video discs. Criminal copyright infringement is investigated by the FBI and may constitute a felony with a maximum penalty of up to five years in prison and/or a$250,000 fine." Penalties can range from $750 for accidental infractions and exceed six figure fines for blatant infringement. How many screenings are covered by my license? In general, the fee that is paid covers a single screening. When outlining your programming choices, please indicate how many times the film will be shown contiguously. If a film is to be shown more than a week apart from the initial screening, an entirely new license will apply. Please ask a Criterion account executive about advertising and publicity regulations for Public Performance screenings as restrictions vary from venue to venue. What films can Criterion provide for non-theatrical markets ? Currently Criterion Pictures provides public performance licensing for 20th Century Fox, Fox Searchlight, Palisades/Tartan, Concorde New Horizons, Parabox Media, and more! Criterion can also arrange screenings of new films produced by 20th Century Fox& Fox Searchlight before they are released on home video. Contact the Criterion sales team for more information. How do I set up a film screening ? Orders can be placed by calling (800)-890-9494. You can also request information by emailing Anjelica Rufus-Barnes- anjelica @criterionpicusa.com. Criterion Pictures operates on a pre-pay basis. Some form of payment(check, credit card or purchase order) must be received prior to your proposed movie screening. If I need a copy of the movie shipped to me,when can I expect it to arrive? If Criterion is supplying the media (35mm, dvd, vhs)for your screening, it should arrive two business days prior to your screening. If the film is not received by 2:30 pm—Central time, you are advised to contact your account executive who will assist in locating the media. Once the film arrives, Criterion expects that the customer inspects it prior to exhibition. Any concerns should be immediately directed to your account executive at least one business day before the screening. Criterion also allows clients to supply their own media via privately owned or rented copies—in this case, Criterion must be notified prior to promoting the event. Once the screening is over,where do I return the media? All media is to be returned to Criterion Pictures, 8238 Lehigh Avenue, Morton Grove, Illinois 60053. In all cases a return label with forwarding instructions will be provided. Films are expected to be returned the first business day following the screening. Criterion will also provide return shipping instructions in cases when media is licensed by us but not provided from our Morton Grove location. If you have more questions, don't be afraid to ask - we look forward to hearing from you!