HomeMy WebLinkAbout22 - Film Permit Fees SuspensionCITY OF
F NEWPORT REACH
" City Council Staff Report
November 25, 2014
Agenda Item No. 22
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dan Matusiewicz, Finance Director — (949) 644-3123,
dmatusiewicz@newportbeachca.gov
PREPARED BY: Evelyn Tseng, Revenue Manager
PHONE: (949) 644-3153
TITLE: Film Permit Fee Suspension
ABSTRACT:
FiImLA has taken over much of our film liaison services, but our film -related fees still reflect us having a
dedicated in-house liaison on board. We'd like to set a more appropriate fee, and in the meantime, we ask
for authorization to suspend two film -related fees for up to six months.
RECOMMENDATION:
Staff recommends that City Council adopt Resolution No. 2014-100, A Resolution of the City Council of the
City of Newport Beach Temporarily Waiving Certain Film Permit Fees in the Master Fee Schedule;
specifically (1) Film Production Application -With Film Liaison and (2) Film Permit Fee, and adopting
FilmLA's fees in the Master Fee Schedule.
FUNDING REQUIREMENTS:
There are no funding requirements associated with this recommendation. However, the suspension of the
film fees will reduce revenue by approximately $7,000/month.
DISCUSSION:
Background
The City's beautiful beaches and neighborhoods attract all types of filming activity, including television
shows, TV commercials, print advertising and wedding photography. Municipal Code Section 5.46 requires
a permit for commercial film production on residentially -zoned properties, public properties or facilities, and
also provides that the fully loaded hourly cost of City staff and/or Film Liaison time shall be charged to the
permittee.
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City staff has processed film permit applications for the last three (3) years using existing City staff but
without a designated film liaison. On July 1, 2014, the City entered into an agreement with FiImLA, Inc., a
California non-profit public benefit corporation ("FiImLA"), to outsource the City's film permitting process
(Exhibit "B"). FiImLA processes permits for other municipalities, including the City of Los Angeles and the
City of Santa Monica.
Pursuant to its agreement, FiImLA intends to issue film permits in accordance to the City's Municipal Code
and regulations, respond to complaints related to film activity, notice impacted communities of permitted
film activity and provide filming data and analysis to the City. In addition, FiImLA shall process film
applications through their proprietary online permit system which would enable City departments to
approve applications electronically. FilmLA's processes are different from the previous film liaison's;
therefore, City's processes, in working with FiImLA, will change as well.
Municipal Code Section 3.36.030 provides that the cost recovery for user services shall be 100%, but fees
for service may be waived by City Council. A fee may not be greater than the cost of providing the
service.
Currently, there are three (3) fees associated with film permitting:
Film Production Permit Application — Without Film Liaison: $494.00
Film Production Permit Application — With Film Liaison: $49.00
Film Permit Fee: $276.00 (daily fee)
Note that these are City fees only. FiImLA also charges fees to the applicants for its services (Exhibit
"B").
Because FiImLA will change some of the film permit processes, i.e. — electronic approval instead of hard
copy approval, staff is concerned that the City fees will no longer accurately reflect the City's new cost of
services.
Film Permit Fee Suspension
Staff recommends:
1. Waiving the "Film Production Permit Application — With Film Liaison" fee and "Film Permit" fee in order
for staff to work with MGT of America, Inc. ("MGT") and FiImLA to study City's cost -of -services for film
permit processes under FilmLA's management; and to develop an overall film permit fee structure that
would be more accurate and equitable;
2. No change in the "Film Production Permit Application — Without Film Liaison" fee. With FilmLA's
agreement, this fee will most likely not be used since the City now has a film liaison. But in the unlikely
event the agreement with FiImLA is terminated early and film permit processing returns to staff, this fee
can still be charged; and
3. Adding a reference to FilmLA's fees within the master fee schedule.
FiImLA is currently working with City staff to integrate its processes with City's Municipal Code and film
permit requirements. FiImLA is tentatively scheduled to begin processing the City's film permits on
December 1, 2014.
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ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality
Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Resolution for Waived Film Permit Fees
Attachment B - PSA for FIImLA. Inc.
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Attachment A
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA TEMPORARILY
WAIVING CERTAIN FILM PERMIT FEES IN THE MASTER
FEE SCHEDULE
WHEREAS, Chapter 3.36 of the Newport Beach Municipal Code and the City of
Newport Beach's ("City") Master Fee Schedule establish the fees for commercial film
permits and related film activities;
WHEREAS, the City recently entered into an agreement with FilmL.A., Inc.
("Filml-K) to oversee, coordinate and manage the City's commercial film permitting
process as provided in Newport Beach Municipal Code ("NBMC") Chapter 5.46;
WHEREAS, under the existing agreement, FilmLA collects fees from applicants
to reimburse FilmLA's and the City's costs for film related activities; and
WHEREAS, the City desires to temporarily waive certain film permit fees in the
Master Fee Schedule to ensure it does not charge more than the cost of providing film
permitting services and to allow the City time to study its fees to determine what if
anything the City should charge for certain film related activities.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council waives the following two fees in the Master Fee
Schedule: (A) Film Production Application -With Film Liaison; and (B) Film Permit Fee.
This fee waiver shall commence on the effective date of this resolution and continue
until the City Council adopts updated film permit fees or repeals the film permit fees in
the City's Master Fee Schedule.
Section 2: Pursuant to NBMC Chapter 5.46, the fees collected by Filml-A, to
cover its costs and on behalf of the City, shall be the film permit fees of the City. The
fees collected by FilmLA to oversee, coordinate and manage the City's commercial film
permitting process are charged on a pass-through basis by FilmLA and hereby adopted
in the City's Master Fee Schedule. FilmLA's existing fee schedule is attached to this
resolution.
Section 3: The City Council finds the adoption of this resolution is not subject
to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
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City Council Resolution No. ####
Page 2 of 3
Section 4: Except as expressly set forth herein, nothing contained in this
resolution shall be deemed to waive any fees otherwise required by any other provision
of law (including but not limited to fees for police or fire services, environmental
clearance, and/or fees collected by the City on behalf of any other public agency or
entity), nor otherwise waive compliance with any other applicable provisions of the
Newport Beach Municipal Code or any other City ordinance, policy or regulation.
Section 5: Notice of this resolution was provided and published pursuant to
California Government Code Sections 66018 and 6062a.
Section 6: The recitals provided in this resolution are true and correct and are
hereby incorporated into the substantive portion of this resolution.
Section 7: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
This resolution was approved passed, and adopted at a regular meeting of the City
Council of the City of Newport Beach, held on the 25TH DAY OF NOVEMBER, 2014.
ATTEST:
Leilani I. Brown
City Clerk
Attachment: FilmLA's Fee Schedule
Rush N. Hill, II
Mayor
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City Council Resolution No. ####
Page 3 of 3
Film lac.
FilmLA's Fee Schedule
FEE DISCRIPTION
RATE
MAXIMUM FILMLA FILM APPLICATION FEE
625.00
MAXIMUM QUALIFIED NONPROFIT PERMIT APPLICATION FEE
50.00
MAXIMUM FILMLA STILL APPLICATION FEE
60.00
MAXIMUM FILMLA STUDENT PERMIT FEE COMPLEX 90.00
MAXIMUM FILMLA STUDENT PERMIT FEE SIMPLE 25.00
AA FWA11M1MV511]:11:MAI11129141AW.Y897
MAXIMUM FILMLA MONITOR FEES - DOUBLE TIME (12 hours+)
60.00
MAXIMUM FILMLA MONITOR FEES OVERTIME (8 hours to 12 hours)
45.00
MAXIMUM FILMLA MONITOR FEES (Minimum 4 hours to 8 hours)
30.00
MAXIMUM NOTIFICATION CHARGES (See Separate Schedule)
MAXIMUM FILMLA FILM PERMIT RIDER FEE
100.00
MAXIMUM QUALIFIED NONPROFIT PERMIT RIDER FEE 25.00
MAXIMUM FILMLA STILL PHOTO RIDER FEE 20.00
-3-
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Attachment B
PROFESSIONAL SERVICES AGREEMENT
WITH FILML.A., INC. FOR
FILM PERMIT LIAISON SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 1st day of July, 2014 ("Effective Date"), by and between the City
of Newport Beach, a California municipal corporation and charter city ("City"), and
FilmL.A., Inc., a California non-profit public benefit corporation ("Film Liaison"), whose
address is 6255 West Sunset Blvd., 12th Floor, Hollywood, CA 90028, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage the Film Liaison to oversee, coordinate and manage the
City's commercial film permitting process as provided in Newport Beach
Municipal Code ("NBMC") Chapter 5.46 ("Project").
C. The Film Liaison possesses the skill, experience, ability, background, certification
and knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from the Film Liaison, has reviewed
the previous experience and evaluated the expertise of the Film Liaison, and
desires to retain the Film Liaison to render professional services under the terms
and conditions set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall be for one (1) year commencing on the
Effective Date. This Agreement shall automatically renew for an additional two (2) one
(1) year terms effective on the anniversary of the Effective Date each year, unless City
notifies the Film Liaison in writing at least thirty (30) calendar days prior to each renewal
date of City's election to terminate this Agreement.
2. SERVICES TO BE PERFORMED
The Film Liaison shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference and
pursuant to NBMC Chapter 5.46 ("Services' or "Work"). City may elect to delete certain
Services within the Scope of Services at its sole discretion.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Film Liaison shall perform the Services in accordance with the
schedule included in Exhibit A. In the absence of a specific schedule, the Services shall
be performed to completion in a diligent and timely manner. The failure by the Film
Liaison to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the
Services in a diligent and timely manner may result in termination of this Agreement by
City.
3.2 Notwithstanding the foregoing, the Film Liaison shall not be responsible
for delays due to causes beyond the Film Liaison's reasonable control. However, in the
case of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice within two (2) calendar days of the occurrence causing the
delay to the other party so that all delays can be addressed.
3.3 The Film Liaison shall submit all requests for extensions of time for
performance in writing to the Project Administrator as defined herein not later than ten
(10) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond the Film Liaison's control.
3.4 For all time periods not specifically set forth herein, the Film Liaison shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. REMITTANCE OF CITY FEES
4.1 "City Fees" shall mean the fees established by the City relating to on -
location filming in the City, including, but not limited to, film permit issuance fees, film
production application fees and fees charged by City departments for services provided
for permittee's activities.
4.2 For film permits issued by City through the Film Liaison, the Film Liaison,
and not the film permit applicant, is obligated to pay to City all City Fees applicable to
the issuance of the permit and associated activities. City agrees the Film Liaison is
entitled to collect, prior to issuance of a City film permit, all amounts due to the Film
Liaison from the permit applicant; however, the Film Liaison shall pay all City Fees to
City when due regardless of whether the Film Liaison collects City Fees from the permit
applicant. The Film Liaison shall maintain as part of its accounting system a separate
account showing the amount of City Fees collected by the Film Liaison.
4.3 On or before the thirtieth (30th) calendar day of each month during the
term of this Agreement, the Film Liaison shall pay to City the full amount of the City
Fees owed to the City with respect to on -location filming within City's jurisdiction in the
previous calendar month. If Film Liaison fails to pay the City Fees to City within ten (10)
calendar days of the date due under this Agreement, any such unpaid City Fees shall
be delinquent and accrue interest at the rate of ten percent (10%) until paid. The Film
FilmL.A., Inc. Page 2
Liaison's failure to pay City Fees to City when due is a material breach of this
Agreement and an event of default.
4.4 The Film Liaison shall maintain adequate records and accounts in
compliance with generally accepted accounting principles to support its payments to
City of City Fees. City may inspect and audit the Film Liaison's records at any time
upon reasonable written notice from City's Project Administrator to the Film Liaison's
Project Manager. The Film Liaison's failure to maintain adequate documentation or
willful failure to comply with the City's audit or inspection requests shall be a material
breach of this Agreement and an event of default.
5. FILM LIAISON FEES
The Film Liaison may charge permit applicants a fee for any service the Film
Liaison provides in connection with this Agreement. A list of the Film Liaison's current
fee schedule is attached hereto as Exhibit B and incorporated herein by reference. The
City is currently reviewing its City Fees and depending on the outcome of its fee study
the parties may negotiate different fees for Exhibit B. The Film Liaison shall receive no
compensation from City for its Services and expenses performed in connection with this
Agreement. City has no contractual obligation to provide any compensation whatsoever
for Services provided pursuant to this Agreement including any proceeding or service
charge for the collection and transmission of City Fees.
6. PROJECT MANAGER
6.1 The Film Liaison shall designate a Project Manager, who shall coordinate
all phases of the Project. This Project Manager shall be available to City at all
reasonable times during this Agreement's term. The Film Liaison has designated Paul
Audley to be its Project Manager. The Film Liaison shall not remove or reassign the
Project Manager or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel.
6.2 . The Film Liaison, at the sole discretion of City, shall remove from the
Project any of its personnel assigned to the performance of Services upon written
request of City. The Film Liaison warrants that it will continuously furnish the necessary
personnel to complete the Project on a timely basis as contemplated by this Agreement.
6.3 The Project Manager and any other assigned staff shall be equipped with
a cellular phone to communicate with City staff. The Project Manager's cellular phone
number shall be provided to City.
7. ADMINISTRATION
This Agreement will be administered by the Finance Department. City's
Revenue Manager or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to this Agreement.
FilmL.A., Inc. Page 3
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8. CITY'S RESPONSIBILITIES
To assist the Film Liaison in the execution of its responsibilities under this
Agreement, City agrees to provide access to and upon request of the Film Liaison, one
(1) copy of all existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in the Film Liaison's Work
schedule.
9. STANDARD OF CARE
9.1 All of the Services shall be performed by the Film Liaison or under the
Film Liaison's supervision. The Film Liaison represents that it possesses the
professional and technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner commensurate with the
highest professional standards. For purposes of this Agreement, the phrase "highest
professional standards" shall mean those standards of practice recognized by one (1) or
more first-class firms performing similar Services under similar circumstances.
9.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. The Film Liaison certifies that the Services provided
shall conform to the requirements of this Agreement, all applicable federal, state and
local laws, and the highest professional standard.
9.3 The Film Liaison represents and warrants to City that it has, shall obtain,
and shall keep in full force and effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of whatsoever
nature that is legally required of the Film Liaison to practice its profession. The Film
Liaison shall maintain a City of Newport Beach business license during the term of this
Agreement.
9.4 The Film Liaison shall not be responsible for delay, nor shall the Film
Liaison be responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely
information or to approve or disapprove the Film Liaison's Work promptly, or delay or
faulty performance by City, contractors, or governmental agencies.
10. HOLD HARMLESS
10.1 To the fullest extent permitted by law, the Film Liaison shall indemnify,
defend and hold harmless City, its City Council, boards and commissions, officers,
agents, volunteers and employees (collectively, the "Indemnified Parties") from and
against any and all claims (including, without limitation, claims for bodily injury, death or
damage to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including, without
limitation, attorneys' fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any
manner relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
FilmL.A., Inc. Page 4
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without limitation, defects in workmanship or materials or the Film Liaison's presence or
activities conducted on the Project (including the negligent, reckless, and/or willful acts,
errors and/or omissions of the Film Liaison, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
10.2 Notwithstanding the foregoing, nothing herein shall be construed to
require the Film Liaison to indemnify the Indemnified Parties from any Claim arising
from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Film Liaison.
11. INDEPENDENT CONTRACTOR
It is understood that City retains the Film Liaison on an independent contractor
basis and the Film Liaison is not an agent or employee of City. The manner and means
of conducting the Services are under the control of the Film Liaison, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. No civil service status or other right of employment shall accrue to the Film
Liaison or its employees. Nothing in this Agreement shall be deemed to constitute
approval for the Film Liaison or any of the Film Liaison's employees or agents, to be the
agents or employees of City. The Film Liaison shall have the responsibility for and
control over the means of performing the Services, provided that the Film Liaison is in
compliance with the terms of this Agreement. Anything in this Agreement that may
appear to give City the right to direct the Film Liaison as to the details of the
performance of the Services or to exercise a measure of control over the Film Liaison
shall mean only that the Film Liaison shall follow the desires of City with respect to the
results of the Services.
12. COOPERATION
The Film Liaison agrees to work closely and cooperate fully with City's
designated Project Administrator and any other agencies that may have jurisdiction or
interest in the Work to be performed. City agrees to cooperate with the Film Liaison on
the Project.
13. CITY POLICY
The Film Liaison shall discuss and review all matters relating to policy and
Project direction with City's Project Administrator in advance of all critical decision
points in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
FilmL.A., Inc. Page 5
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14. PROGRESS
The Film Liaison is responsible for keeping the Project Administrator informed on
a regular basis regarding the status and progress of the Project, activities performed
and planned, and any meetings that have been scheduled or are desired.
15. INSURANCE
Without limiting the Film Liaison's indemnification of City, and prior to
commencement of Work, the Film Liaison shall obtain, provide and maintain at its own
expense during the term of this Agreement or for other periods as specified in this
Agreement, policies of insurance of the type, amounts, terms and conditions described
in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of the Film Liaison, or of the interest of
any general partner or joint venturer or syndicate member or cotenant if the Film Liaison
is a partnership or joint -venture or syndicate or co -tenancy, which shall result in
changing the control of the Film Liaison. Control means fifty percent (50%) or more of
the voting power or twenty-five percent (25%) or more of the assets of the corporation,
partnership or joint -venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Services on this Project
are identified in Exhibit A. The Film Liaison shall be fully responsible to City for all acts
and omissions of any subcontractor. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any
obligation on the part of City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Services performed by the subcontractor for purposes of establishing
a duty of care between the subcontractor and City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
18. OWNERSHIP OF DOCUMENTS
18.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by the
Film Liaison, its officers, employees, agents and subcontractors, in the course of
FilmL.A., Inc. Page 6
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implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to the Film Liaison or any other party. Additionally, all material posted in
cyberspace by the Film Liaison, its officers, employees, agents and subcontractors, in
the course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to the Film Liaison or any other party. The Film Liaison shall, at the Film
Liaison's expense, provide such Documents, including all logins and password
information to City upon prior written request.
18.2 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
18.3 Records that are proprietary to the Film Liaison, including documentation
of the online permit system Communique; the Film Liaison's best practices for company
operations; the Film Liaison's graphics and logos; and all materials associated with the
Film Liaisons public education, advocacy and marketing Southern California to
filmmakers, shall be treated by City as confidential and proprietary information to the
Film Liaison and will use such confidential or proprietary information solely for the
purposes for which it is provided by the Film Liaison to the City. Unless otherwise
required by law or court order, the City will not disclose such confidential or proprietary
information to any third party other than a third party under contract whereby that third
party has agreed in writing to keep the Confidential Information confidential.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Film Liaison shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
copyright, including costs, contained in the Film Liaison's Documents provided under
this Agreement.
21. RECORDS
The Film Liaison shall keep records and invoices in connection with the Services
to be performed under this Agreement. The Film Liaison shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and any
Services, expenditures and disbursements charged to City, for a minimum period of
three (3) years, or for any longer period required by law, from the date of final payment
to the Film Liaison under this Agreement. All such records and invoices shall be clearly
identifiable. The Film Liaison shall allow a representative of City to examine, audit and
make transcripts or copies of such records and invoices during regular business hours.
FilmL.A., Inc. Page 7
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The Film Liaison shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of
termination or expiration of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER FILM LIAISONS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 The Film Liaison or its employees may be subject to the provisions of the
California Political Reform Act of 1974 ("Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the
Services provided under this Agreement, and (2) prohibits such persons from making,
or participating in making, decisions that will foreseeably financially affect such interest.
23.2 If subject to the Act, the Film Liaison shall conform to all requirements of
the Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. The Film Liaison shall indemnify and hold
harmless City for any and all claims for damages resulting from the Film Liaison's
violation of this Section.
24.1 All notices, demands, -requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third (3`d)
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from the Film Liaison to City
shall be addressed to City at:
Attn: Evelyn Tseng, Revenue Manager
Finance Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
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24.3 All notices, demands, requests or approvals from City to the Film Liaison
shall be addressed to the Film Liaison at:
Attn: Paul Audley, President
FilmL.A., Inc.
6255 West Sunset Blvd., 12th Floor
Hollywood, CA 90028
25. CLAIMS
The Film Liaison and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, the Film Liaison shall be required to file any
claim the Film Liaison may have against City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
26. TERMINATION
26.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than sixty (60) calendar days' prior written notice to the Film Liaison. On
the effective date of termination, Film Liaison shall deliver to City, at its cost, all reports,
Documents and other information developed or accumulated in the performance of this
Agreement, whether in draft or final form.
27. STANDARD PROVISIONS
27.1 Recitals. City and the Film Liaison acknowledge the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
27.2 Compliance with all Laws. The Film Liaison shall, at its own cost and
expense, comply with all statutes, ordinances, regulations and requirements of all
governmental entities, including federal, state, county or municipal, whether now in
force or hereinafter enacted. In addition, all Services provided by the Film Liaison shall
conform to applicable City, county, state and federal laws, rules, regulations and permit
requirements and be subject to approval of the Project Administrator and City.
FilmL.A., Inc. Page 9
22-15
27.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
27.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
27.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
27.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
27.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both the Film Liaison and City and approved as to form
by the City Attorney.
27.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
27.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
27.10 Equal Opportunity Employment. The Film Liaison represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex, age or any other impermissible basis under law.
27.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
27.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
FilmL.A., Inc. Page 10
22-16
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR EY' OFFICE
Date: (er 9 /11
CITY OF NEWPORT BEACH,
a Californi municipal corporation
Date: to1!
4114
Aaron arp Dave
City Attorney City Manager
ATTEST:
Date: �•
By: /{Li
Leilani I. Brown
City Clerk
Attachments:
FILM LIAISON: FilmL.A., Inc., a California
nonprofit public benefit corporation
M
President
Date: L
By:
wise Gutc
Chief Finandial Officer
[END OF SIGNATURES]
Exhibit A: Scope of Services
Exhibit B: Film Liaison's Fee Schedule
Exhibit C: Insurance Requirements
FilmL.A., Inc.
Page 11
22-17
EXHIBIT A
SCOPE OF SERVICES
1. SCOPE OF SERVICES: GENERAL SCOPE
The Film Liaison shall:
1.1 Oversee, coordinate and manage the City's commercial film permitting
process in accordance with NBMC Chapter 5.46. Work with permit
applicants ("Applicants"), film permittees ("Permittee") and City departmental
representatives to process and approve film permit applications
("Applications") and issue film permits ("Permit");
1.2 Coordinate the film permit process in a centralized manner and assure that
filming will be conducted at such times and in such a manner as to cause
minimum interference with neighborhood and merchant districts;
1.3 Utilize the Communique Online Permit System ("OPS") to establish and
implement the following:
1.3.1. An electronic workflow that will enable City department approvals to be
conducted electronically;
1.3.2 Electronic communications between the Film Liaison and City
departmental representatives; and
1.3.3 Prepare denial letters to film permit applicants who do not or cannot
meet the minimum film permit requirements. (Any and all denial letters
shall be approved by the City prior to distribution.)
1.4 Become familiar with the requirements of the California Public Records Act
(Gov. Code § 6250, et seq.) and cooperate with City staff in responding to
Public Record Act requests, as this Project is facilitated by a California public
entity, any and all records related to this Project may be subject to release or
inspection pursuant to the California Public Records Act;
1.5 Take all reasonable steps to minimize the impact of filming activities on the
environment and City's residential and commercial neighborhoods;
1.6 Operate in accordance with all applicable ordinances, regulations and laws;
and
2. EXPEDITED FILM PERMIT COORDINATION AND TROUBLE -SHOOTING
SERVICES
The Film Liaison shall:
2.1 Obtain input in developing Permit terms and conditions (including any
general terms, conditions and restrictions applicable to all permits),
Film L.A., Inc.
22-18
coordinate logistics relating to filming activities and perform other functions
needed to assist in Permit evaluation, processing and approval by interfacing
with City departmental representatives;
2.2 Upon receipt of any required Permit and Application fees from Applicant and
any required City approvals (as coordinated through the OPS with impacted
City departments), release Permit to Permittee;
2.3 Coordinate and release Permit revisions and/or extensions subsequent to the
release of the original Permit, upon receipt of approval from impacted City
departments;
2.4 Ensure that the description of activities on the Applications provided to the
City are accurate and detailed;
2.5 Arrange pre -production walk-through, when appropriate, to assess and
mitigate impacts of proposed film activities;
2.6 Ensure that the Permittee complies with the conditions of the Permit,
including, but not limited to: noise levels, violations of beginning and end
times of film activity, traffic impacts, parking agreements, behavior of film
crews and other sections of the Filmmakers Professional Code of Conduct
issued by the California Film Commission and the Filmmakers Code of
Professional Responsibility enclosed in Attachment 1. To the extent a
provision in NBMC or a permit condition conflicts with a provision In the
Filmmakers Professional Code of Conduct, the provision in NBMC or the
permit condition shall prevail. The City Manager, the Film Liaison or their
designee, shall have authority to determine a Permittee's compliance with
permit conditions or provisions in NBMC. The City Manager, the Film
Liaison or their designee, shall have the authority to suspend or revoke a
permit when they determine a permit conditions) or a provision(s) in NBMC;
2.7 Respond to complaints within 1 hour if film activity is still in progress; respond
to complaints within 24 hours if film activity is no longer in progress; provide
response services to complaints on a 365 days/year, 24 hours/day basis; and
2.8 If requested by City or film permit applicant, provide on-site monitoring
services at film locations during filming.
3. LIAISON SERVICES BETWEEN NEWPORT BEACH NEIGHBORHOODS AND
FILM PERMITTEE
The Film Liaison shall:
3.1 Provide impacted communities with notice of the permit activity. Such notice
may include: letters, posted notifications, phone calls and e-mails. At
minimum, the Film Liaison shall make such notices available on a hard copy
basis in a form approved in advance by City;
Film L.A., Inc.
22-19
3.2 Ensure description of activity on notifications is accurate and detailed;
3.3 Coordinate with City to develop and implement community outreach
programs for residential and business districts on a proactive basis;
3.4 Coordinate with City and potential Applicants to mitigate parking and traffic
issues. Coordinate with Permittees and impacted neighborhoods such that
no one neighborhood is overburdened with frequent film activity;
3.5 Coordinate with local businesses to mitigate the effects on business
operations during film activities, however the Film Liaison shall not negotiate
fair rates or payments with local businesses;
3.6 Provide guidance and advice on the film permit process to the potential
Applicants; and
3.7 Be available by telephone during regular business hours and during filming
activity (at a minimum of 8 a.m. to 6 p.m. Monday through Friday, with the
exception of recognized federal holidays).
4. ADVISEMENT AND REPORTING SERVICES TO CITY AND PUBLIC ON THE
PERMIT PROCESS, FILM PRODUCTION ISSUES AND DATA
The Film Liaison shall:
4.1 Make recommendations that reflect the needs of the community, the City and
production companies to City departments with respect to the handling and
processing of individual permit applications and the development of permit
terms and conditions;
4.2 If requested by the City, attend meetings with stakeholders to mediate
disputes, determine impacts of filming and other permit related activities on
specific neighborhoods, participate in Home Owner Association ("HOA") and
other group meetings, answer questions of stakeholders, and/or discuss the
economic impact of filming activities;
4.3 When requested, provide reports to City with type and location of complaints
related to film activity;
4.4 Maintain detailed and accurate records related to all services provided,
including but not limited to, Film Permittee name, fees, lists of locations,
notices provided, issues encountered and resolution of those issues;
4.5 Coordinate with other jurisdictions or agencies, i.e. Orange County Sheriff,
neighboring cities, State parks;
4.6 Work with City staff to provide input toward the possible update of the
Newport Beach Municipal Code, as it pertains to filming and film permits; and
Film L.A., Inc.
22-20
4.7 Work with staff to update and/or automate the permit process.
5. CONSULTING SERVICES TOWARD THE CREATION OF OPPORTUNITIES
AND PROGRAMS FOR ENHANCING AND IMPROVING THE REPUTATION
OF THE CITY IN THE FILM INDUSTRY
The Film Liaison shall:
5.1 If requested by the City, market and promote Newport Beach to the
entertainment industry within any budgetary limitations of the Film Liaison;
5.2 If requested by the City, participate in meetings with California Film
Commission and/or the Orange County Film Commission;
5.3 Ensure that the Filmmakers' Code of Professional Responsibility (enclosed
as Attachment 1 to Exhibit A) is adhered to by production companies when
filming in Newport Beach or sensitive or frequently filmed areas;
5.4 Provide location scouting assistance to the film industry; and
5.5 Maintain an internet-based location library, such as LocoScout, with Newport
Beach public properties and a list of Newport Beach private location libraries.
Private properties shall only be listed with the written permission of the
property owner.
6. DELIVERABLES AND REPORTING REQUIREMENTS
6.1 Provide filming data, data analysis, records, reports, background information
and applicable performance measures as requested by City in accordance
with the following frequencies:
6.1.1 Financial reporting — submitted along with payment remittance to the
City;
6.1.2 Summary of permit volume and fees collected — submitted along with
payment remittance to the City;
6.1.3 Summary of notification volume regarding the notification of filming
projects, as requested by City;
6.1.4 Summary of complaints received from the public regarding filming
projects, as requested by City; and
6.1.5 All other metrics — quarterly.
6.2 All reports shall be in a format approved by the City. Upon notice, City may
alter the frequency, format or nature of reports. City may also direct Film
Liaison to provide City with ad hoc reports on issues of interest to the City
relating to contract;
Film L.A., Inc.
22-21
6.3 The Film Liaison shall ensure that all financial data, including record keeping
of assets and liabilities and accounting for services provided by contract to
the City, be maintained by the Film Liaison separately from all other
corporate activities. Record keeping details must also separately account for
the different types of services provided under this Agreement. A review of
this data and accounting shall be conducted by the City periodically;
6.4 The Film Liaison shall submit to the City each year a copy of its annual
operating budget estimate addressing revenues and expenditures for
services provided to the City no later than thirty (30) days upon the Film
Liaison's Board approval; and
6.5 The Film Liaison shall submit a certified annual audited financial statement to
the City no later than thirty (30) days upon the Film Liaison's Board approval.
Film L.A., Inc.
22-22
ATTACHMENT 1 TO EXHIBIT A
FILMMAKERS' CODE OF PROFESSIONAL RESPONSIBILITY
F1m k FILMMAKERS CODE OF PROFESSIONAL RESPONSIBILITY
At Iilml-A, we work to create an environment where er c cation filming Is conducted with professionalism and
courtesy. Our job is to coordinate permits far oMobation filming in a way that minimizes the impact of film produbdonon your
neighborhood. Production companies are obligated to adhere to this Fihnrnakens Cade of Professional Responsibility. FFyou fmda
production company is not complying with the provisions below, please cell us at 213.977.9690, day or night
Dear Filmmakers You can covet on RtmlA to apply our knowledge and experdse to help you film in local neighborhoods.
Maintaining a positive working relationship with community members will help ensure continued access to the greatest variety of
locations As a guest in area neighborhoods, you are obligated to treat the public and the location with courtesy. The provisions in
this code are a pert of your permit
u
The production emnpa ny must comply with the provi-lenses the RemOwng, trimming and/or cutting of vegetation or bees is
fare permit at an nines prohibited unless approved by me Owner, or in the case of
parkway trees, the local municipanty and property owner.
2 3.2
The Filmmakers' Cate of Plof2saimial Responsibintj win be If not specifiied in the permit, an area for meet service and
attach" to everypermit, and both must be shown to any member consumption must be designated. All lash must be disposed of
of the pubnc that asks to see them. properly upon completion of the meal.
3 yS
Prod icuabs arriving o ccation in or neer a rewdenaw All members of the production company should weer clothing that
neighborhood Shall enter the area no a slier man the time oanfarms to good toste and common Sense. Shoes and shirts
Stipulated on the permit, must be worn at act times.
Moving or towing vehicles 6 prohibited without the express
Permission orthe loch municipality or the vehicle owner.
Cost and crew must observe designated parking areas. Parking
W cast and crew vehicles on public streets is prohibited unless
almlorLad by me film permit
Parking an both sides of public Streets is prohibited Unless
Specifically authorized by me film permit
14
Crew members should not rnsplay sighs, posters or pictures that
do not. reflect common sense and gado taste.
35
Cast and crew shall refrain from using lewd or offensive language
within earshot of the general public.
is
Cast and crew must not bring guests or petsto me bcabon,
unless expressly authorized by the permit -
2.7
Production vehicles may not block drh'eways without the express All catering. craftS sanice, construction, Strike and personal trash
pern5aion W the local municipality or the driveway Owner. must be removed from the location.
a in
noise levels shMad he kept as low as possible_ Generators and All signs removed jar exacted) far taming purposes must be
vehidCS producing exhaust Should be placed as fe r as practice l replaced (or removed)after use of the location un less otherwise
from residential buildings. Do not letengbes run unnecessarily. stipulated by the location agreement arpermet
9 10
Cast and crew are to remain on or near the area that has been Vm an departing the locetio n, all Si gre posted to direct production
permitted. Donat trespass Onto neighboring residential or company personnel to the location must be removed.
commercial property.
]D
Designated smoking areas must be observed, Ono cigarettes
MUM always tee extinguished in butt cars.
Film L.A., Inc.
20
When production ID passes are issues, every crew member must
weer me pass while on♦acetion.
22-23
EXHIBIT B
FILM LIAISON'S FEE SCHEDULE
RimInc.
Fee Description Rate
MAXIMUM FILMLA FILM APPLICATION FEE 625.00
MAXIMUM QUALIFIED NONPROFIT PERMIT
APPLICATION FEE 50.00
MAXIMUM FILMLA STILL APPLICATION FEE 60.00
MAXIMUM FILMLA STUDENT PERMIT FEE COMPLEX 90.00
MAXIMUM FILMLA STUDENT PERMIT FEE SIMPLE 25.00
MAXIMUM Permit Delivery Fee
55.00
MAXIMUM FILMLA MONITOR FEES - DOUBLE TIME
(12 hrs+)
60.00
MAXIMUM FILMLA MONITOR FEES OVERTIME (8 to
12 hrs)
45.00
MAXIMUM FILMLA MONITOR FEES (min 4 hrs to 8
hrs)
30.00
MAXIMUM NOTIFICATION CHARGES (See Separate
Schedule)
MAXIMUM FILMLA FILM PERMIT RIDER FEE
100.00
MAXIMUM QUALIFIED NONPROFIT PERMIT RIDER
FEE
25.00
MAXIMUM FILMLASTILLPHOTO-RIDER FEE 20.00
Film L.A., Inc.
22-24
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting the Film Liaison's indemnification of City,
and prior to commencement of Work, the Film Liaison shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory to
City. The Film Liaison agrees to provide insurance in accordance with
requirements set forth here. If the Film Liaison uses existing coverage to comply
and that coverage does not meet these requirements, the Film Liaison agrees to
amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements
A. Workers' Compensation Insurance. The Film Liaison shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each accident for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code.
The Film Liaison shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
B. General Liability Insurance. The Film Liaison shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance,
with coverage at least as broad as provided by Insurance Services Office
form CG 00 01, in an amount not less than one million dollars
($1,000,000) per occurrence, one million dollars ($1,000,000) general
aggregate. The policy shall cover liability arising from premises,
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope
of coverage for liability assumed under a contract.
C. Automobile Liability Insurance. The Film Liaison shall maintain
automobile insurance at least as broad as Insurance Services Office form
CA 00 01 covering bodily injury and property damage for all activities of
the Film Liaison arising out of or in connection with Work to be performed
under this Agreement, including coverage for any owned, hired, non -
Film L.A., Inc.
22-25
owned or rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. The Film Liaison
shall maintain professional liability insurance that covers the Services to
be performed in connection with this Agreement, in the minimum amount
of one million dollars ($1,000,000) per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before
the Effective Date of this Agreement and the Film Liaison agrees to
maintain continuous coverage through a period no less than three years
after completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow the Film Liaison or others
providing insurance evidence in compliance with these requirements to
waive their right of recovery prior to a loss. The Film Liaison hereby
waives its own right of recovery against City, and shall require similar
written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. The Film Liaison shall provide certificates of
insurance to City as evidence of the insurance coverage required herein,
along with a waiver of subrogation endorsement for workers'
compensation and other endorsements as specified herein for each
coverage. Insurance certificates and endorsement must be approved by
City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during
Film L.A., Inc.
22-26
the term of this Agreement. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving the Film Liaison sixty (60) calendar days
advance written notice of such change.
C. Enforcement of Agreement Provisions. The Film Liaison acknowledges
and agrees that any actual or alleged failure on the part of City to inform
the Film Liaison of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If the Film Liaison or any
subconsultant fails to provide and maintain insurance as required herein,
then City shall have the right but not the obligation, to purchase such
insurance, to terminate this Agreement, or to suspend the Film Liaison's
right to proceed until proper evidence of insurance is provided. Any
amounts paid by City shall, at City's sole option, shall be reimbursed by
the Film Liaison upon demand.
G. Timely Notice of Claims. The Film Liaison shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result
from Contractor's performance under this Contract, and that involve or
may involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are
likely to involve City.
H. Film Liaison's Insurance. The Film Liaison shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance,
which in its own Judgment may be necessary for its proper protection and
prosecution of the Work.
Film L.A., Inc.
22-27
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, November 25, 2014, at 7:00 p.m., a public
hearing will be conducted in the City Council Chambers located at 100 Civic Center Drive, Newport
Beach, California 92660 to consider the temporary waiver of certain film permit fees in the Master Fee
Schedule. The City recently entered into an agreement with Filml-A, Inc. to manage the City's
commercial film permit activities and collect fees to cover the City's film permit processing costs. FilmLA,
Inc.'s fees will be charged to commercial film applicants on a pass-through basis and incorporated into
the City's Master Fee Schedule.
NOTICE IS HEREBY FURTHER GIVEN that information regarding FilmLA, Inc.'s fees to provide
commercial film permit services, is available in the Revenue Division (Bay A, 1st Floor) and City Clerk's
Office (Bay E, 2nd Floor), located at the Civic Center, 100 Civic Center Drive, Newport Beach, California
92660.
For questions regarding this public hearing item please contact Monique Navarrete, License
Supervisor at (949) 644-3148, mnavarrete@newportbeachca.gov.
, Leilani I. BrownCityty Clerk
City of Newport Beach
Eos Anneus rimes
Sold To:
City Of Newport Beach -City Clerk's Office (Key) - CU00064829
100 Civic Center Drive
Newport Beach,CA 92660
Bill To:
City Of Newport Beach -City Clerk's Office (Key) - CU00064829
100 Civic Center Drive
Newport Beach,CA 92660
OEC -2 AN 58
-t:
OF
2838022 - Newport Harbor News Press Combined With Daily Pilot
Cos Aundes Times
ME D
2014 DEC - 2 AN
OF
It f -(' #"t AJ' I
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF ILLINOIS
County of Cook
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not
a party to or interested in the action for
which the attached notice was published.
I am a principal clerk of The Newport
Harbor News Press Combined With Daily Pilot,
which was adjudged a newspaper of general
circulation on June 19, 1952, Cases - A24831 for
the City of Newport Beach, County of Orange,
and State of California. Attached to this
Affidavit is a true and complete copy as was
printed and published on the following
date(s):
Nov 15, 2014; Nov 22, 2014
I certify (or declare) under penalty of perjury
under the laws of the State of California that the foregoing is true and correct.
Dated at Chicago, Illinois
on this Z-1-{ day of Ow . 20114 .
E(—� I A::��
[signature]
435 N. Michigan Ave.
Chicago, IL 60611
2838022 - Newport Harbor News Press Combined With Daily Pilot