REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
March 25, 2025
FROM
BEAHTA R. DAVIS, Director, Regional Parks Department
SUBJECT
Title
Agreement with Global Music Rights, LLC for License to Play Music at Several Regional Parks
End
RECOMMENDATION(S)
Recommendation
1. Approve Agreement with Global Music Rights, LLC, including non-standard terms, for a music license to perform music at Calico Ghost Town Regional Park, Glen Helen Regional Park, Cucamonga-Guasti Regional Park, Mojave Narrows Regional Park, Mojave River Forks Regional Park, Prado Regional Park, and Yucaipa regional parks, from April 1, 2025, through March 31, 2026, and continuing thereafter for additional succeeding one year terms, unless terminated by either party, in an annual amount not to exceed $4,000.
2. Authorize the Director of the Regional Parks Department to terminate the Agreement with Global Music Rights, LLC, if services are no longer needed, subject to review by County Counsel.
(Presenter: Beahta R. Davis, Director, 387-2340)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Pursue County Goals and Objectives by Working with Other agencies and Stakeholders.
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health, and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will result in the use of Discretionary General Funding (Net County Cost). The Agreement with Global Music Rights, LLC (Agreement) will allow Regional Parks Department (Department) to play music at Regional Parks (Parks). Adequate appropriation and revenue are included in the Regional Parks Department 2024-25 budget and will be included in all future recommended budgets.
BACKGROUND INFORMATION
Global Music Rights, LLC (Global) was founded in 2013 and offers legal performance rights to music of over 105,000 artists. Global provides licenses to its clients giving them the right to perform compositions publicly. The Department uses a variety of local performers and a license from Global will provide the authorization to legally perform the music controlled by Global’s writers, composers and publishers publicly. Use of these rights will be used Calico Ghost Town Regional Park, Glen Helen Regional Park, Cucamonga Guasti Regional Park, Mojave Narrows Regional Park, Mojave River Forks Regional Park, Prado Regional Park, and Yucaipa Regional Park.
The Agreement with Global contains the following non-standard contract terms:
1. The County is required to defend, including attorney’s fees, and indemnify Global for any third-party claims arising out of County’s breach of the Agreement.
• The County’s standard contract does not contractually require the County to indemnify its contractor under any circumstance.
• Potential Impact: By agreeing to indemnify Global, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time-limited, or expense-limited could be brought against Global without such limitations and the County would be responsible to defend and reimburse Global for costs, expenses, and damages, which could exceed the total contract amount.
2. The Agreement has an initial term of one year but continues thereafter for additional succeeding terms of one year each unless terminated by either party.
• The County’s standard contract term is five years and indefinite contract terms are not permitted.
• Potential Impact: In order to terminate the Agreement, the Department will need to follow the termination clause.
3. The Agreement will continue for succeeding terms of one year each unless either party provides written notice to the other party at least ninety days prior to the commencement of next renewal periods.
• The County’s standard contract term reserves the right for the County to terminate the contract for convenience with 30 days’ notice.
• Potential Impact: The Department will need to follow the additional notice period to terminate the Agreement.
4. The Agreement provides that Global shall have the right to impose a late payment charge of 1.5% per month or the maximum rate permitted by law, whichever is less, on any payment by County that is more than thirty (30) days past due and impose a $25.00 service charge for each unpaid or dishonored check, draft or other means of payment submitted to Global by County.
• The County’s standard contract term does not have interest or late payment penalties.
• Potential Impact: The Department could be liable for late payment changes if payment is more than 30 days past due.
5. The Agreement provides that Global has the right, at its election and without limitation, to assign any of its rights to a parent company, affiliate or subsidiary.
• The County’s standard contract term provides that the County must approve of any assignment of the contract.
• Potential Impact: The County would not be able to approve of any assignment of the Agreement.
6. The Agreement does not require Global to meet the County’s insurance standards as required pursuant to County Policies, 11-05, 11-07 and 11-07SP.
• County policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department and as set forth in County policy and in the County standard contract.
• Potential Impact: The County has no assurance that Global will be financially responsible for claims that may arise under the Agreement, which could result in expenses to the County that exceed the total Agreement amount.
Recommendation No. 2 would provide authority for the Director of Regional Parks to terminate the Agreement, subject to review by County Counsel, because the Agreement does not specify who can terminate the Agreement on behalf of the County. The Department recommends adding this authority to provide the Director with the ability to terminate if the Agreement is no longer needed.
The Department recommends approval of the Agreement, including the non-standard terms, in order to have a license to perform music at the Department’s events.
PROCUREMENT
The County is mandated to purchase this license to contract specific performers that will play music at several Regional parks. These performance rights are only contracted through Global Music Rights, LLC, making this procurement non-competitive.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Suzanne Bryant, Deputy County Counsel, 387-5455) on February 18, 2025; Risk Management (Gregory Ustaszewski, Staff Analyst II, 386-9008) on February 24, 2025; Purchasing (Dylan Newton, Buyer III, 387-3377) on March 14, 2025; Finance (Elias Duenas, Administrative Analyst, 387-4052) on February 20, 2025; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on February 21, 2025.