Resolution No. 2011-194RESOLUTION NO. 2011-194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
FILML.A., INC. FOR FILM PERMITTING SERVICES
WHEREAS, the City of Vernon ("City") desires to obtain the
services of a qualified contractor to provide film permitting services
and coordination within the City (the "Services"); and
WHEREAS, the Fire Department has determined that FilmL.A.,
Inc. ("FilmL.A.") is qualified and capable of providing the Services;
and
WHEREAS, by memo dated November 2, 2011, the Fire Department
recommends the City enter into a services agreement with FilmL.A.
setting forth the terms and conditions under which FilmL.A. will
perform the services (the "Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement with FilmL.A., Inc., a copy of which is
attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed Agreement to:
FilmL.A., Inc.
Attention: Paul Audley, President
1201 w. 5th Street, Suite T-800
Los Angeles, CA 90017
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 15th day of November, 2011.
Name: Hilario Gonzales
Title: Mayor
2
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-194, was duly passed, approved and adopted by the City
Council of the City of Vernon at a regular meeting of the City Council
duly held on Tuesday, November 15, 2011, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this (7 day of November, 2011, at Vernon. California.
(SEAL)
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EXHIBIT A
CONTRACT NO.
BY AND BETWEEN, THE CITY OF VERNON, a municipal corporation (City),
and FILML.A., Inc (Contractor)
WHEREAS, there is a need for efficient film permit coordination services to
provide a more favorable environment within the City to encourage filming and
still ensure that filming activities outside of a studio are conducted in a manner
that protects the public interest, including public safety, and balances the needs
of the general public with the needs of the filmmaker; and
WHEREAS, the City is authorized to contract with private agencies including
non-profit corporations for the operation of City programs; and
WHEREAS, the City Council has determined that public purposes will be served
by entering into this Contract with the Contractor for the coordination of film
permits; and
WHEREAS, the Contractor is duly incorporated pursuant to the California Non -
Profit Public Benefit Corporation Law and is authorized by law to provide services
and collect fees contemplated by this Contract; and
WHEREAS, the Contractor is qualified by reason of experience, preparation and
organization to provide the services contained within this Contract.
NOW, THEREFORE, in consideration of the mutual covenants, representations,
and agreements herein set forth and mutual benefits to be derived therefrom, the
parties agree as follows:
Section 1. Term of the Contract
The term of this Contract shall be annual from the date of execution unless
terminated earlier in accordance with Section 7. Upon mutual approval of the
City and Contractor 30 days prior to expiration, the term of this Contract may be
extended additional periods of one (1) year under the same terms and conditions
contained herein.
Section 2. Activities to be Performed
The Contractor shall perform all the services set forth in the Scope of Work,
Exhibit A, to this Contract, a copy of which is attached hereto and incorporated
herein by this reference.
Section 3. Contract Administration
The City Administrator, or designee, shall have full authority to act for the City in
the administration of this Contract, consistent with the provisions contained
herein. Film Permits are approved for release by the Vernon Fire Department
which is the Permit Authority.
Section 4. Reporting Requirements
The Contractor shall provide information to the City as required in Exhibit B to
this Contract, a copy of which is attached hereto and incorporated herein by this
reference. The City Administrator, or designee, and Contractor shall mutually
agree on the acceptable format and methodology for submission of this
information. The City Administrator or designee shall also have the authority to
make minor adjustments to reporting timeframes, provided that all required
reports are still provided in a timely manner and reflecting the information
originally intended.
Section 5. Contract Notices
Written notices pertaining to this Contract shall be directed to:
President
FilmL.A. Inc.
1201 W. 5t" Street, Suite T-800
Los Angeles, CA 90017
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Section 6. Incorporation of Exhibits, Precedence of Documents
Hereby incorporated by reference into this Contract are Exhibits A through B,
which are attached hereto. In the event of any inconsistency between the
provisions of this Contract and the Exhibits, the inconsistency shall be resolved
by giving precedence in the following order:
• The Body of this Contract (Through and Inclusive of Section 18)
• Exhibit A— Scope of Work
• Exhibit B — Reporting Requirements
Section 7. Termination
Either party may terminate this contract by giving 30 days written notice to the
other party. The termination will be effective 30 days after the receipt of the
written notice. Contract provisions for indemnity, statements, audits, payments,
and refunds survive termination. The City may immediately terminate this
Contract for cause. Cause shall be defined as:
• the lapse of insurance as required herein after a reasonable period for
cure by the Contractor;
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• violation of city or state ethics or lobbying laws;
• the discovery of organized, sustained activity that the Contractor is
unwilling to cease;
• the initiation of bankruptcy proceedings or the loss of managerial control of
the Contractor to another party, including regulatory entities;
• gross negligence in the performance of the duties under this Contract;
Should termination of this Contract by the City be done for cause, the Contractor
shall:
• Provide to the City and its agents, and grant a perpetual, royalty free
license to use, all information collected, created and used under the
performance of this Contract ("data") in a form facilitating the immediate
use of the information within 24 hours (48 hours for information stored off -
site). This will include, but not be limited to, statistical, informational,
operational, financial, legal and relevant personnel information;
• Provide a period of continued access to the City, free of charge, for the
use of any and all software and computer systems which the Contractor
own(s)(ed) and utilize(s)(ed) in providing services under this Contract not
to exceed 30 days, during which time the City and Contractor may enter
into a license agreement for ongoing use by the City of the Contractor's
software system. The terms of such license agreement shall be
reasonable as compared to similar software license agreements.
• In the alternative, if both parties agree, the City may negotiate to acquire
the source code for, and other rights to, the software owned by the
Contractor.
Section 8. Compensation to Contractor
The Contractor shall develop and maintain fee structures which eliminate the
costs to City or its taxpayers. Contractor will receive no compensation from the
City for the activities performed in connection with this Contract.
The Contractor may charge its Entertainment Industry Customers a fee for each
and any service contractor provides under this Contract as provided in Section
16.
Section 9. Environmental Impact
The Contractor shall take all reasonable steps to minimize impact on the
environment and cooperate with City efforts to protect the environment. City may
prohibit productions outside of enclosed building that portray sexual exposure or
excessive violence.
Section 10. City Access to Contractor
The Contractor shall provide priority handling of all phone calls, emails and all
other communications from City staff to contractor management.
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Section 11. Monitoring and Evaluation
The Contractor shall ensure:
that authorized representatives of the City have the right of access to
activities, records and facilities operated by contractor under this Contract
without prior or advance notice being given to the contractor. Activities
include attendance at meetings of the contractor's Board of Directors (if
such a Board exists), observation of on -going contractor outreach efforts,
compliance with audits and provision of any/all on -site records (including
electronic) within 24 hours of the request of the City. Exceptions shall
include confidential employee matters and litigation. If records are stored
off -site, they shall be kept in a manner that allows for the provision of the
records within 48 hours. Approval of the City Contract Administrator must
be obtained for a method of storage that will result in more than 48 hours
to access records.
the cooperation of its staff and contractor's board members, in their official
capacities (if such a board exists). The City Contract Administrator or
designee, at its discretion, may periodically conduct performance or
financial reviews of contractor. These reviews may focus on any topic
including, but not limited to, the extent to which the terms of the contract
are being fulfilled, customer and public satisfaction with the duties
contractor performs, the outreach efforts that have been implemented, the
measurable goals achieved, the effectiveness of outreach management,
and the impact of the outreach.
Section 12. Non -Discrimination and Equal Treatment of Customers
No person shall, on the grounds of race, sex, creed, color, religion, handicap,
political affiliation or belief, national origin, sexual orientation, marital status,
medical condition or age be excluded from participating in, be refused the
benefits of, or otherwise be subjected to discrimination in any activities, programs
or employment supported by this Contract.
The Contractor shall provide equal treatment to all similarly situated customers
seeking a permit to film motion pictures, television shows, music videos, still
photos or other purposes; seeking notification services; seeking to make
comments or complaints about filming matters; and any other customers seeking
services provided by contractor to the City. Contractor will indemnify the City
from the impact of not providing equal treatment. Permit and other requests will
be judged solely upon the merits of the request.
Section 13. Public Records Act
The Contractor shall be familiar with the California Public Records Act and must
supply all information to persons or members of the public requesting information
as may be required under such act.
If a dispute arises among the City, the contractor and a person requesting
information, the City will notify the contractor so that contractor has the
opportunity to seek a court order precluding the disclosure of such information.
In the absence of the contractor obtaining such an order, the contractor must
release the information.
Contractor acknowledges that all information generated as a result of this
contract is part of the public domain and subject to the California Public Records
act. This includes permit data, location information, permittee data, revenue,
costs, notification data and complaints. Contractor should take care to separate
data that is proprietary so that public domain data can be accessed easily and in
a timely manner.
Section 14. Insurance
(a) Contractor shall at all times during the term of this
Agreement carry, maintain, and keep in full force and effect, a policy or policies
of Comprehensive General Liability Insurance, with minimum limits of Two Million
Dollars ($2,000,000) for each occurrence, combined single limit, against any
personal injury, death, loss or damage resulting from the wrongful or negligent
acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this
Agreement carry, maintain, and keep in full force and effect, a policy or policies
of Comprehensive Vehicle Liability insurance covering personal injury and
property damage, with minimum limits of One Million Dollars ($1,000,000) per
occurrence, combined single limit, covering any vehicle utilized by Contractor or
Contractor's officers, employees, or agents in performing the services required
by this Agreement.
(c) Contractor agrees to maintain in force at all times during the
performance of work under this Agreement workers compensation insurance as
required by law.
(d) Contractor shall at all times during the term of this
Agreement carry, maintain, and keep in full force and effect, a policy or policies
of Excess Liability Insurance, with minimum limits of Two Million Dollars
($2,000,000) for each occurrence, combined single limit, and provide policy
coverage and terms at least as broad as those required in the primary insurance.
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(e) Contractor shall require each of its sub -consultants or sub-
contractors to maintain insurance coverage that meets all of the requirements of
this Agreement.
(f) The policy or policies required by this Agreement shall be
issued by an insurer admitted in the State of California and with a rating of at
least a B+; VII in the latest edition of Best's Insurance Guide.
(g) Contractor agrees that if it does not keep the aforesaid
insurance in full force and effect City may either immediately terminate this
Agreement or, if insurance is available at a reasonable cost, City may take out
the necessary insurance and pay, at Contractor's expense, the premium thereon.
(h) At all times during the term of this Agreement, Contractor
shall maintain on file with the Risk Manager, a certificate or certificates of
insurance, satisfactory to the City Attorney and Risk Manager, along with a copy
of the policy declarations page for each policy showing that the aforesaid policies
are in effect in the required amounts. Upon request by City, Contractor shall
cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are
maintained in force. Contractor shall, prior to commencement of work under this
Agreement, file with the Risk Manager, such certificate or certificates and a copy
of the policy declarations page for each policy. The policies of insurance
required by this Agreement shall contain an endorsement naming the City, its
officers, officials, employees, agents, and volunteers as additional insured's. All
of the policies required under this Agreement shall contain an endorsement
providing that the policies cannot be canceled or reduced except on thirty (30)
days prior written notice to City, and specifically stating that the coverage
contained in the policies affords insurance pursuant to the terms and conditions
as set forth in this Agreement.
(i) The insurance provided by Contractor shall be primary to
any coverage available to City, and any insurance or self-insurance maintained
by City, its officers, officials, employees, agents, or volunteers shall be excess of
Contractor's insurance and shall not contribute with it. The policies of insurance
required by this Agreement shall include provisions for waiver of subrogation.
Contractor hereby waives all rights of subrogation against City, its officers,
officials, employees, agents, and volunteers.
() Any deductibles or self -insured retentions must be declared
to and approved by City. At the option of City, Contractor shall either reduce or
eliminate the deductibles or self -insured retentions with respect to City, or
Contractor shall procure a bond guaranteeing payment of losses and expenses.
Section 15. Policies and Procedures
The Contractor shall develop and maintain clear, written non-proprietary policies
and procedures of their operations and processes they use. It is further expected
WE
that these policies and procedures be shared and made available for review by
the City Contract Administrator and Permit Authority. To the extent that the
policies and procedures impact City operations, approval of the Contract
Administrator must be obtained prior to implementation.
Section 16. Contractor Fees
The Contractor may charge its Entertainment Industry Customers a fee for each
and any service contractor provides under this Contract. Changes to the fees
must provide the Entertainment Industry Customers and the City Contract
Administrator at least 30 days notice. The City has the right to review the fees
that the contractor charges its Entertainment Industry Customers. The City may
require that the fees be changed if, fee increases exceed the change in the
Consumer Price Index for all goods and services for the Los Angeles
Metropolitan area for the preceding period. The preceding period shall begin
with either the effective date of this Contract or the effective date of the most
recent change in fees, whichever is later. The preceding period shall end with
the proposed effective date of the proposed fee increase.
Section 17. Reserve for City Fees
The Contractor shall, at all times, maintain a cash balance equal to at least twice
the average monthly amount of City Fees paid by contractor to the City during
the prior fiscal year (i.e., from July 1 through June 30), which will not be used to
pay operating expenses. Maintain as part of its accounting system a separate
account showing the amount of City Fees that the contractor estimates it may
become obligated to pay as a result of on -location filming by its Entertainment
Industry Customer.
Section 18. Arbitration and Venue
Any dispute, claim or controversy arising out of or relating to this Agreement or
the breach, termination, enforcement, interpretation or validity thereof, including
the determination of the scope or applicability of this Agreement to arbitrate, shall
be determined by arbitration in Los Angeles, California. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and
Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrator
shall be in writing, and the arbitrator shall provide written reasons for their
decision. The arbitration decision shall be final and binding on the Parties.
Judgment on the award may be entered in any court having jurisdiction pursuant
to this Agreement. This clause shall not preclude Parties from seeking
provisional remedies in aid of arbitration from a court having jurisdiction pursuant
to this Agreement. The exclusive jurisdiction and venue under this Agreement
shall be the Superior Court of California, Los Angeles County.
e3Z
Section 19. Attorneys Fee
In the event a dispute, claim or litigation arises regarding this Agreement, the
prevailing party shall be entitled to reimbursement for reasonable attorneys fees
and actual costs, which may be set by the arbitrators or the court in the same
action or in a separate action brought for that purpose, in addition to any other
relief which is obtained.
[Signatures Begin on Next Page]
WE
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
by their duly authorized representatives.
City of Vernon, a California charter City
and California municipal corporation
0
Mark Whitworth
City Administrator
ATTEST:
Willard G. Yamaguchi, City Clerk
APPROVED AS TO FORM:
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Willard G. Yamaguchi,
Chief Deputy City Attorney
FilmL.A., Incorporated, a California
corporation
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EXHIBIT A
SCOPE OF WORK
A. The Contractor shall provide services to the City in the following
categories as described below:
1. Film Permit Coordination Services
The contractor will assist Entertainment Industry Customer with securing film
permits within the City of Vernon. The contractor will operate with the following
purposes:
• Coordinate the film permit process in a centralized manner within the
parameters established by the City;
• Coordinate the film permit process in order to assure that filming will be
conducted at such times and in such a manner as to cause a minimum of
interference with neighborhood and commercial/industrial districts;
• In coordination with the City, develop and implement community outreach
programs for residential and commercialrndustrial districts on a proactive
basis;
• In coordination with the City, improve conditions relating to motion picture,
television and photography activities for the Vernon City area; and,
• 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 neighborhood council and other
group meetings, answer questions of stakeholders, or discuss the
economic impact of filming.
The contractor shall perform the following tasks:
• Coordinate processing of film permit applications from Entertainment
Industry Customers;
• Interface with City departments with respect to permit applications to
obtain input in developing permit terms and conditions (including any
general terms, conditions and restrictions applicable to all permits),
coordination logistics relating to filming activities and perform other
functions needed to assist in permit evaluation and processing;
• Ensure that the description of activity on permit applications provided to
the City is accurate and detailed, especially activity that is likely to
generate public concern such as screams for help, screeching tire, etc.;
• Provide guidance and advice on the permit process to Entertainment
Industry Customers;
• Coordinate with the City on the dissemination of filming related information
on the internet;
• Make recommendations that reflect the needs of the community, the City
and the production company to City departments with respect to the
handling and processing of individual permit applications and the
development of permit terms and conditions;
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• Provide pre -production walk-throughs to assess and mitigate impacts of
proposed film activities when requested by Industry, the City or when the
Contractor's experience and judgment dictate;
• Upon Contractor's receipt of approval by the City Permit Authority,
Contractor will release film permits issued by the City Permit Authority to
Entertainment Industry Customers;
• The Contractor will coordinate and release permit revisions and/or
extensions subsequent to the release of an original permit. However,
concurrence must be obtained from the Vernon Fire Department or
designee officer and/or designated City personnel;
• Respond to complaints (See Section 3);
• Collect funds (including estimated City fees), process refunds (if
warranted) and make monthly remittances of amounts due to the City;
• Provide filming data, records, reports and background information (See
Exhibit 13):
• If requested, provide advice to the City regarding filming policy and the
permit process;
• If requested by Entertainment Industry Customers, the Permit Authority or
by requirement of Special Filming Conditions, provide monitor services at
specified locations permitted for filming. Approval of the City Permit
Authority shall be obtained prior to implementation of any polices or
procedures which identify a protocol of when, where, at what time and
under what circumstances and conditions contractor monitors will be
required for permitted activity; and
• If requested, collect DOT signs posted on a temporary basis as a result of
filming for specified locations. Specified locations include all locations
which require a contractor monitor as well as any location in which
contractor staff reasonably expects to be on location at the completion of
permitted activity.
• Permits shall be coordinated in a time frame which allows proper review
and approval by City personnel, including but not limited to: the posting of
lane, street and road closure requests; and the assignment of required
City personnel. All permit requests made to the contractor and transmitted
to City Departments for review must be made in advance of the requested
activity and in accordance with the existing City departmental policy. The
City will seek to minimize required turnaround times to the extent possible.
• All requests provided to the Permit Authority for the review and approval
must contain all reviews and recommendations already obtained from
other City departments. The comments and recommendations from
various departments may be sought simultaneously. However, when
department reviews are sought from departments other than the Permit
Authority, the contractor shall include the reviews and recommendations
already obtained.
• The release of approved permits to Entertainment Industry Customers
shall be accomplished in a manner that allows the Customer to
understand the limitations placed upon the requested activity and allows
for sufficient community notification.
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• In all instances where neighborhood filming guidelines or other City
policies exist that require a community survey, the community survey must
be conducted in advance of the beginning of the permitted activity, unless
stated otherwise in a separate guideline or policy adopted by the City
Council. The community survey may be conducted by the production
company, the Contractor or a Subcontractor.
• Maintain standard office hours a minimum of 8 a.m. to 6 p.m., Monday
through Friday, with the exception of City holidays.
• Collect estimated City fees from Entertainment Industry Customers in
advance of releasing a film permit and pay the City within 60 calendar
days of receiving a final invoice for City Fees.
• Process requests for refunds from Entertainment Industry Customers
within 30 calendar days of receiving final documentation that indicates a
refund is due.
• For specified locations, where monitors or other designated contractor
staff are assigned contractors will collect and account for all signs City
reports as being posted immediately following the conclusion of permitted
activity. All signs collected will be returned to City following the conclusion
of the permitted activity. Along with the signs, contractor will submit a brief
report containing the number, type of, and location of signs collected and
returned by contractor.
2. Notification Services
The contractor will provide notification services. The contractor will operate with
the following purpose:
Provide services to nearby residents and businesses and City entities, of
upcoming filming.
The contractor(s) shall perform the following tasks:
• Provide notification services, including the creation and posting of notices
(giving special attention to the language needs of the community);
• Ensure that the description of activity on notifications is accurate and
detailed, in particular, activity that is likely to generate public concern such
as screams for help, screeching tires, etc.;
• Maintain detailed, accurate records related to all services provided under
this contract and made available fore review by the City, including, but not
limited to: sample notice, a map of the area where the notice was
distributed to, and any issues encountered in conducting the notice and
the resolution of those issues;
• Provide notification data, records and background information;
• Provide advice to City officials and departments regarding the notification
process; and,
• Respond to inquires regarding the notification process from City officials.
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3. Complaint Referral Services
The contractor will provide complaint referral services to assist with the timely
resolution of community and entertainment industry complaints.
The contractor shall perform the following tasks:
• Receive complaints on a 24 hour/7 day a week basis and address them in
a timely manner, including the appropriate referral of complaints to
appropriate City personnel and contractors;
• Provide complaint data, records and background information;
• Provide advice to City officials and departments regarding filming policy
and complaints received;
• Receive and respond to complaints regarding filming from City officials
and departments, including the appropriate referral of complaints to
appropriate City personnel and contractors;
• Review written stakeholder comments and complaints and, in consultation
with the City, prepare written responses to the comments or complaints.
• Refer complaints to appropriate City personnel and contractors within 15
minutes if the activity is currently in progress. If there is no after hours
contact provided by a City department then the call shall be referred to the
Permit Authority in a manner determined by the Permit Authority.
• If a complaint is received and the activity is no longer in progress, respond
to the complaint on an initial basis within one (1) calendar day and
finalize/complete any responses, including written, if necessary, within
seven (7) calendar days.
• Provide response services to complaints on a 365 days -a -year, 24 hours -
a -day, 7 days -a -week basis.
4. Maintenance of Records
The Contractor is expected to provide appropriate record keeping and separation
of assets and liabilities related to services provided under this Contract (separate
from other business activities provided by the company). Record keeping details
should also separately account for the three different types of services provided
under this Contract.
5. City Fees
The Contractor shall remit all City Fees monthly.
• The Contractor shall not deduct from any remittance to the City any
transaction fees or other costs incurred as a result of accepting payment
from its entertainment industry customers in the form of credit card, debit,
wire transfer, check, or other forms of payment.
• The Contractor shall remit City Fees to the City with U.S. currency and
may not reduce payments to the City by costs associated with the
conversion of foreign currency to U.S. currency.
• For film permits coordinated through Contractor, Contractor not the
Entertainment Industry Customers, is obligated to pay to the City all City
Fees other than those customarily collected by the City directly from the
Entertainment Industry Customers. If the Contractor desires to adopt a
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regular business practice allowing Entertainment Industry Customers to
obtain permits on credit, it may do so. However, the Contractor would still
be required to remit all City Fees within 60 calendar days of receiving a
final invoice for City fees regardless of their ability to collect from individual
Entertainment Industry Customers.
The Contractor may collect deposits from its Entertainment Industry
Customers so if violations occur deposits can be used to pay for
feesffines/financial penalties.
The Contractor shall, after receiving from the City a final invoice for City
Fees, pay to the City, in the United States currency, all City Fees invoiced
with the next regularly scheduled payment.
The Contractor shall act in good faith in disputing any City Fees billed
(either timely or late) by the City, and contractor and the City will act in
good faith to resolve any such dispute within a reasonable time. Once the
dispute as to any City Fees is finally resolved, either by agreement
between contractor and the City or by legal action or some other agreed -
upon dispute resolution method, contractor will pay such City Fees at the
same time as the next normal payment is due to the City. However,
payment of disputed fees shall be separated out from the normal payment.
If contractor fails to pay all or any portion of City Fees within the time
payment of such fees is due as set forth in this section, the payment of the
unpaid portion will be considered late.
o If a payment remains unpaid for more than 30 calendar days after it
is considered late, such unpaid amount of City Fees will be
considered delinquent and subject to a penalty of 1% of the
delinquent amount.
o If a payment is delinquent for more than 30 calendar days,
delinquent amounts (including the 1% penalty) will also be subject
to interest charges. Interest on such delinquent amounts will be
calculated at a rate equal to the prime rate at the time such unpaid
City Fees become delinquent plus five percent, and interest will
accrue at that rate from the date the unpaid City Fees became late
until payments made by contractor.
6. Emergency Response and Coordination
The Contractor shall assist the City in responding to unusual occurrences and
large scale emergencies when a state of emergency is declared by the City,
including cancelling, revoking or not processing permit requests and
communicating with the Entertainment Industry.
The Contractor shall direct its staff to cooperate fully with the City and follow the
direction of the Contract Administrator, the Mayor, the Emergency Operations
Board and the Emergency Operations Organization for the duration of the local
emergency.
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The Contractor shall, as requested cooperate with City efforts to recover costs
associated with the Emergency from the federal and state governments.
The Contractor shall, as requested, coordinate the dissemination of emergency
related information to the entertainment industry and assist the City in canceling,
delaying, rescheduling and relocating filming and managing the related public
relations.
7. Marketing Program
Maintain a web site providing information about City facilities available for
filming. Such site shall include photographs along with contact information
for the City department that schedules filming activity at the facility. If for
any reason Contractor is unable to continue providing a location library
web site, it shall make available to the City of Vernon, free of charge, any
photographs, documents, or systems owned by Contractor, which
compromised the location library.
If requested by the City, cooperate with City efforts to enhance and retain
jobs (within the City) in all segments of the entertainment industry
including multimedia and other new emerging technologies. However,
Contractor shall not be required to expend its own financial resources to
accomplish such programs.
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EXHIBIT B
REPORTING REQUIREMENTS
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1. The Contractor shall submit to the City Administrator, within 30 calendar
days after the end of each quarter, quarterly summaries of permit volume,
amounts collected from Entertainment Industry Customers and amounts
paid to the City in City Fees. These reports should indicate any significant
changes when comparing the current quarter with previous quarters, or
when appropriate, the same quarter from previous years.
2. The contractor shall submit to the City Administrator, on a monthly basis,
in a format approved by the Contract Administrator, a list of all of its
Entertainment Industry Customers, including: the Production Company's
name any known contact personnel, as applicable; address; telephone
number; contact person; type of production; production title; and
requested filming location(s) and date(s).
3. The Contractor shall submit to the City Administrator an annual report
addressing the impact of City policies, rules and regulations on filming in
the City and recommendations to improve the environment for on -location
filming in the City.
4, The Contractor shall submit to the City Administrator a written copy of all
non-proprietary policies and procedures for all aspects of the process of
obtaining a film permit (financial, procedural and otherwise) and submit
subsequent changes to those policies and procedures within 15 days of
the change. Proprietary policies and procedures shall be provided for
inspection but will not be provided in a manner that creates a public record
absent a court order.
5. The Contractor shall submit a reconciliation statement and aging report
with each payment of City fees. The reconciliation report shall detail the
fees being submitted and related permit information. The aging report
shall show the amount of City fees for which Filml- A. has not received a
final invoice after completion of filming activity. Should the aging report
show that a City department has not submitted final invoices for at least 60
days after completion of the filming activity, the City Administrator will
notify the City department and request submission of final invoices to
FilmL.A. within 30 days. Should the aging report show that a City
department has not submitted final invoices for at least 90 days after
completion of the filming activity, the City Administrator will forward the
Aging report, along with detail provided by FilmL.A. to the Mayor and City
Council.
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Notification Services — Reporting Requirements
6. The Contractor shall submit to the City Administrator, within 30 calendar
days after the end of each quarter, quarterly summaries of notification
volume and amounts collected from Entertainment Industry Customers.
Complaint Referral — Reporting Requirements
7. The Contractor shall maintain a record of all complaints lodged by the
City, on behalf of the City or a City resident or business concerning on -
location filming events in the City. A report on complaints will be provided
on a quarterly basis as determined by the City Administrator and the
Permit Authority as well as a compilation of data provided annually.
Complaint data, records and background information provided must be
clear and complete.
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OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
November 29, 2011
FilmL.A., Inc.
ATTN: Paul Audley, President
1201 W. 5`h Street, Suite T-800
Los Angeles, CA 90017
Re: Film Permitting Services Contract
Dear Mr. Audley:
The insurance requirements have been met. Transmitted herewith is a fully executed contract, as
referenced above, approved by City Council on November 15, 2011, through Resolution No.
2011-194.
If you have any questions regarding this matter, please call Capt. Todd Schoenig at 323/583-
8811 ext. 567.
Very ly yours,
WI LARD G. A CHI
City Clerk
WGY:dj
Enclosure
c: Mark Whitworth
Todd Schoenig
Purchasing Department
Risk Management
Resolution No. 2011-194
Agreement File No. 11-125
E7ccfusivefy Industrial
CONTRACT NO.
BY AND BETWEEN, THE CITY OF VERNON, a municipal corporation (City),
and FILML.A., Inc (Contractor)
WHEREAS, there is a need for efficient film permit coordination services to
provide a more favorable environment within the City to encourage filming and
still ensure that filming activities outside of a studio are conducted in a manner
that protects the public interest, including public safety, and balances the needs
of the general public with the needs of the filmmaker; and
WHEREAS, the City is authorized to contract with private agencies including
non-profit corporations for the operation of City programs; and
WHEREAS, the City Council has determined that public purposes will be served
by entering into this Contract with the Contractor for the coordination of film
permits; and
WHEREAS, the Contractor is duly incorporated pursuant to the California Non -
Profit Public Benefit Corporation Law and is authorized by law to provide services
and collect fees contemplated by this Contract; and
WHEREAS, the Contractor is qualified by reason of experience, preparation and
organization to provide the services contained within this Contract.
NOW, THEREFORE, in consideration of the mutual covenants, representations,
and agreements herein set forth and mutual benefits to be derived therefrom, the
parties agree as follows:
Section 1. Term of the Contract
The term of this Contract shall be annual from the date of execution unless
terminated earlier in accordance with Section 7. Upon mutual approval of the
City and Contractor 30 days prior to expiration, the term of this Contract may be
extended additional periods of one (1) year under the same terms and conditions
contained herein.
Section 2. Activities to be Performed
The Contractor shall perform all the services set forth in the Scope of Work,
Exhibit A, to this Contract, a copy of which is attached hereto and incorporated
herein by this reference.
Section 3. Contract Administration
The City Administrator, or designee, shall have full authority to act for the City in
the administration of this Contract, consistent with the provisions contained
herein. Film Permits are approved for release by the Vernon Fire Department
which is the Permit Authority.
Section 4. Reporting Requirements
The Contractor shall provide information to the City as required in Exhibit B to
this Contract, a copy of which is attached hereto and incorporated herein by this
reference. The City Administrator, or designee, and Contractor shall mutually
agree on the acceptable format and methodology for submission of this
information. The City Administrator or designee shall also have the authority to
make minor adjustments to reporting timeframes, provided that all required
reports are still provided in a timely manner and reflecting the information
originally intended.
Section 5. Contract Notices
Written notices pertaining to this Contract shall be directed to:
President
FilmL.A. Inc.
1201 W. 5'" Street, Suite T-800
Los Angeles, CA 90017
City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Section 6. Incorporation of Exhibits, Precedence of Documents
Hereby incorporated by reference into this Contract are Exhibits A through B,
which are attached hereto. In the event of any inconsistency between the
provisions of this Contract and the Exhibits, the inconsistency shall be resolved
by giving precedence in the following order:
• The Body of this Contract (Through and Inclusive of Section 18)
• Exhibit A — Scope of Work
• Exhibit B — Reporting Requirements
Section 7. Termination
Either party may terminate this contract by giving 30 days written notice to the
other party. The termination will be effective 30 days after the receipt of the
written notice. Contract provisions for indemnity, statements, audits, payments,
and refunds survive termination. The City may immediately terminate this
Contract for cause. Cause shall be defined as:
• the lapse of insurance as required herein after a reasonable period for
cure by the Contractor;
-2-
• violation of city or state ethics or lobbying laws;
• the discovery of organized, sustained activity that the Contractor is
unwilling to cease;
• the initiation of bankruptcy proceedings or the loss of managerial control of
the Contractor to another party, including regulatory entities;
• gross negligence in the performance of the duties under this Contract;
Should termination of this Contract by the City be done for cause, the Contractor
shall:
• Provide to the City and its agents, and grant a perpetual, royalty free
license to use, all information collected, created and used under the
performance of this Contract ("data") in a form facilitating the immediate
use of the information within 24 hours (48 hours for information stored off -
site). This will include, but not be limited to, statistical, informational,
operational, financial, legal and relevant personnel information;
• Provide a period of continued access to the City, free of charge, for the
use of any and all software and computer systems which the Contractor
own(s)(ed) and utilize(s)(ed) in providing services under this Contract not
to exceed 30 days, during which time the City and Contractor may enter
into a license agreement for ongoing use by the City of the Contractor's
software system. The terms of such license agreement shall be
reasonable as compared to similar software license agreements.
• In the alternative, if both parties agree, the City may negotiate to acquire
the source code for, and other rights to, the software owned by the
Contractor.
Section 8. Compensation to Contractor
The Contractor shall develop and maintain fee structures which eliminate the
costs to City or its taxpayers. Contractor will receive no compensation from the
City for the activities performed in connection with this Contract.
The Contractor may charge its Entertainment Industry Customers a fee for each
and any service contractor provides under this Contract as provided in Section
16.
Section 9. Environmental Impact
The Contractor shall take all reasonable steps to minimize impact on the
environment and cooperate with City efforts to protect the environment. City may
prohibit productions outside of enclosed building that portray sexual exposure or
excessive violence.
Section 10. City Access to Contractor
The Contractor shall provide priority handling of all phone calls, emails and all
other communications from City staff to contractor management.
-3-
Section 11. Monitoring and Evaluation
The Contractor shall ensure:
that authorized representatives of the City have the right of access to
activities, records and facilities operated by contractor under this Contract
without prior or advance notice being given to the contractor. Activities
include attendance at meetings of the contractor's Board of Directors (if
such a Board exists), observation of on -going contractor outreach efforts,
compliance with audits and provision of any/all on -site records (including
electronic) within 24 hours of the request of the City. Exceptions shall
include confidential employee matters and litigation. If records are stored
off -site, they shall be kept in a manner that allows for the provision of the
records within 48 hours. Approval of the City Contract Administrator must
be obtained for a method of storage that will result in more than 48 hours
to access records.
the cooperation of its staff and contractor's board members, in their official
capacities (if such a board exists). The City Contract Administrator or
designee, at its discretion, may periodically conduct performance or
financial reviews of contractor. These reviews may focus on any topic
including, but not limited to, the extent to which the terms of the contract
are being fulfilled, customer and public satisfaction with the duties
contractor performs, the outreach efforts that have been implemented, the
measurable goals achieved, the effectiveness of outreach management,
and the impact of the outreach.
Section 12. Non -Discrimination and Equal Treatment of Customers
No person shall, on the grounds of race, sex, creed, color, religion, handicap,
political affiliation or belief, national origin, sexual orientation, marital status,
medical condition or age be excluded from participating in, be refused the
benefits of, or otherwise be subjected to discrimination in any activities, programs
or employment supported by this Contract.
The Contractor shall provide equal treatment to all similarly situated customers
seeking a permit to film motion pictures, television shows, music videos, still
photos or other purposes; seeking notification services; seeking to make
comments or complaints about filming matters; and any other customers seeking
services provided by contractor to the City. Contractor will indemnify the City
from the impact of not providing equal treatment. Permit and other requests will
be judged solely upon the merits of the request.
Section 13. Public Records Act
The Contractor shall be familiar with the California Public Records Act and must
supply all information to persons or members of the public requesting information
as may be required under such act.
If a dispute arises among the City, the contractor and a person requesting
information, the City will notify the contractor so that contractor has the
opportunity to seek a court order precluding the disclosure of such information.
In the absence of the contractor obtaining such an order, the contractor must
release the information.
Contractor acknowledges that all information generated as a result of this
contract is part of the public domain and subject to the California Public Records
act. This includes permit data, location information, permittee data, revenue,
costs, notification data and complaints. Contractor should take care to separate
data that is proprietary so that public domain data can be accessed easily and in
a timely manner.
Section 14. Insurance
(a) Contractor shall at all times during the term of this
Agreement carry, maintain, and keep in full force and effect, a policy or policies
of Comprehensive General Liability Insurance, with minimum limits of Two Million
Dollars ($2,000,000) for each occurrence, combined single limit, against any
personal injury, death, loss or damage resulting from the wrongful or negligent
acts by Contractor or Contractor's officers, employees, or agents.
(b) Contractor shall at all times during the term of this
Agreement carry, maintain, and keep in full force and effect, a policy or policies
of Comprehensive Vehicle Liability insurance covering personal injury and
property damage, with minimum limits of One Million Dollars ($1,000,000) per
occurrence, combined single limit, covering any vehicle utilized by Contractor or
Contractor's officers, employees, or agents in performing the services required
by this Agreement.
(c) Contractor agrees to maintain in force at all times during the
performance of work under this Agreement workers compensation insurance as
required by law.
(d) Contractor shall at all times during the term of this
Agreement carry, maintain, and keep in full force and effect, a policy or policies
of Excess Liability Insurance, with minimum limits of Two Million Dollars
($2,000,000) for each occurrence, combined single limit, and provide policy
coverage and terms at least as broad as those required in the primary insurance.
-5-
(e) Contractor shall require each of its sub -consultants or sub-
contractors to maintain insurance coverage that meets all of the requirements of
this Agreement.
(0 The policy or policies required by this Agreement shall be
issued by an insurer admitted in the State of California and with a rating of at
least a B+; VII in the latest edition of Best 's Insurance Guide.
(g) Contractor agrees that if it does not keep the aforesaid
insurance in full force and effect City may either immediately terminate this
Agreement or, if insurance is available at a reasonable cost, City may take out
the necessary insurance and pay, at Contractor's expense, the premium thereon.
(h) At all times during the term of this Agreement, Contractor
shall maintain on file with the Risk Manager, a certificate or certificates of
insurance, satisfactory to the City Attorney and Risk Manager, along with a copy
of the policy declarations page for each policy showing that the aforesaid policies
are in effect in the required amounts. Upon request by City, Contractor shall
cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are
maintained in force. Contractor shall, prior to commencement of work under this
Agreement, file with the Risk Manager, such certificate or certificates and a copy
of the policy declarations page for each policy. The policies of insurance
required by this Agreement shall contain an endorsement naming the City, its
officers, officials, employees, agents, and volunteers as additional insured's. All
of the policies required under this Agreement shall contain an endorsement
providing that the policies cannot be canceled or reduced except on thirty (30)
days prior written notice to City, and specifically stating that the coverage
contained in the policies affords insurance pursuant to the terms and conditions
as set forth in this Agreement.
(i) The insurance provided by Contractor shall be primary to
any coverage available to City, and any insurance or self-insurance maintained
by City, its officers, officials, employees, agents, or volunteers shall be excess of
Contractor's insurance and shall not contribute with it. The policies of insurance
required by this Agreement shall include provisions for waiver of subrogation.
Contractor hereby waives all rights of subrogation against City, its officers,
officials, employees, agents, and volunteers.
Q) Any deductibles or self -insured retentions must be declared
to and approved by City. At the option of City, Contractor shall either reduce or
eliminate the deductibles or self -insured retentions with respect to City, or
Contractor shall procure a bond guaranteeing payment of losses and expenses.
Section 15. Policies and Procedures
The Contractor shall develop and maintain clear, written non-proprietary policies
and procedures of their operations and processes they use. It is further expected
WE
that these policies and procedures be shared and made available for review by
the City Contract Administrator and Permit Authority. To the extent that the
policies and procedures impact City operations, approval of the Contract
Administrator must be obtained prior to implementation.
Section 16. Contractor Fees
The Contractor may charge its Entertainment Industry Customers a fee for each
and any service contractor provides under this Contract. Changes to the fees
must provide the Entertainment Industry Customers and the City Contract
Administrator at least 30 days notice. The City has the right to review the fees
that the contractor charges its Entertainment Industry Customers. The City may
require that the fees be changed if, fee increases exceed the change in the
Consumer Price Index for all goods and services for the Los Angeles
Metropolitan area for the preceding period. The preceding period shall begin
with either the effective date of this Contract or the effective date of the most
recent change in fees, whichever is later. The preceding period shall end with
the proposed effective date of the proposed fee increase.
Section 17. Reserve for City Fees
The Contractor shall, at all times, maintain a cash balance equal to at least twice
the average monthly amount of City Fees paid by contractor to the City during
the prior fiscal year (i.e., from July 1 through June 30), which will not be used to
pay operating expenses. Maintain as part of its accounting system a separate
account showing the amount of City Fees that the contractor estimates it may
become obligated to pay as a result of on -location filming by its Entertainment
Industry Customer.
Section 18. Arbitration and Venue
Any dispute, claim or controversy arising out of or relating to this Agreement or
the breach, termination, enforcement, interpretation or validity thereof, including
the determination of the scope or applicability of this Agreement to arbitrate, shall
be determined by arbitration in Los Angeles, California. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and
Procedures. The arbitrator shall be a retired judge. All decisions of the arbitrator
shall be in writing, and the arbitrator shall provide written reasons for their
decision. The arbitration decision shall be final and binding on the Parties.
Judgment on the award may be entered in any court having jurisdiction pursuant
to this Agreement. This clause shall not preclude Parties from seeking
provisional remedies in aid of arbitration from a court having jurisdiction pursuant
to this Agreement. The exclusive jurisdiction and venue under this Agreement
shall be the Superior Court of California, Los Angeles County.
-7-
Section 19. Attorneys Fee
In the event a dispute, claim or litigation arises regarding this Agreement, the
prevailing party shall be entitled to reimbursement for reasonable attorneys fees
and actual costs, which may be set by the arbitrators or the court in the same
action or in a separate action brought for that purpose, in addition to any other
relief which is obtained.
[Signatures Begin on Next Page]
ME
IN WITNESS WHEREOF, the parties have caused this Contract to be executed
by their duly authorized representatives.
City of Vernon, a California charter City
and California municipal corporation
By:
M k Whitworth
C y Administrator
F :"o
� ffmww 004 1 Wei 21M
AS TO FORM:
Willard G. Yamfgfichi,
Chief Deputy City Attorney
FilmL.A., Incorporated, a California
corporation
By:
Name: aIAA AtAlte7
Title: Pre5i4eAt
By: -7� ZL
Name: Deni58 Cm(4tci%es
Title: CW44 Fivuue;al v(<icer
Wle
EXHIBIT A
EXHIBIT A
SCOPE OF WORK
A. The Contractor shall provide services to the City in the following
categories as described below:
1. Film Permit Coordination Services
The contractor will assist Entertainment Industry Customer with securing film
permits within the City of Vernon. The contractor will operate with the following
purposes:
• Coordinate the film permit process in a centralized manner within the
parameters established by the City;
• Coordinate the film permit process in order to assure that filming will be
conducted at such times and in such a manner as to cause a minimum of
interference with neighborhood and commercial/industrial districts;
• In coordination with the City, develop and implement community outreach
programs for residential and commercial/industrial districts on a proactive
basis;
• In coordination with the City, improve conditions relating to motion picture,
television and photography activities for the Vernon City area; and,
• 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 neighborhood council and other
group meetings, answer questions of stakeholders, or discuss the
economic impact of filming.
The contractor shall perform the following tasks:
• Coordinate processing of film permit applications from Entertainment
Industry Customers;
• Interface with City departments with respect to permit applications to
obtain input in developing permit terms and conditions (including any
general terms, conditions and restrictions applicable to all permits),
coordination logistics relating to filming activities and perform other
functions needed to assist in permit evaluation and processing;
• Ensure that the description of activity on permit applications provided to
the City is accurate and detailed, especially activity that is likely to
generate public concern such as screams for help, screeching tire, etc.;
• Provide guidance and advice on the permit process to Entertainment
Industry Customers;
• Coordinate with the City on the dissemination of filming related information
on the internet;
• Make recommendations that reflect the needs of the community, the City
and the production company to City departments with respect to the
handling and processing of individual permit applications and the
development of permit terms and conditions;
-10-
• Provide pre -production walk-throughs to assess and mitigate impacts of
proposed film activities when requested by Industry, the City or when the
Contractor's experience and judgment dictate;
• Upon Contractor's receipt of approval by the City Permit Authority,
Contractor will release film permits issued by the City Permit Authority to
Entertainment Industry Customers;
• The Contractor will coordinate and release permit revisions and/or
extensions subsequent to the release of an original permit. However,
concurrence must be obtained from the Vernon Fire Department or
designee officer and/or designated City personnel;
• Respond to complaints (See Section 3);
• Collect funds (including estimated City fees), process refunds (if
warranted) and make monthly remittances of amounts due to the City;
• Provide filming data, records, reports and background information (See
Exhibit 13):
• If requested, provide advice to the City regarding filming policy and the
permit process;
• If requested by Entertainment Industry Customers, the Permit Authority or
by requirement of Special Filming Conditions, provide monitor services at
specified locations permitted for filming. Approval of the City Permit
Authority shall be obtained prior to implementation of any polices or
procedures which identify a protocol of when, where, at what time and
under what circumstances and conditions contractor monitors will be
required for permitted activity; and
• If requested, collect DOT signs posted on a temporary basis as a result of
filming for specified locations. Specified locations include all locations
which require a contractor monitor as well as any location in which
contractor staff reasonably expects to be on location at the completion of
permitted activity.
• Permits shall be coordinated in a time frame which allows proper review
and approval by City personnel, including but not limited to: the posting of
lane, street and road closure requests; and the assignment of required
City personnel. All permit requests made to the contractor and transmitted
to City Departments for review must be made in advance of the requested
activity and in accordance with the existing City departmental policy. The
City will seek to minimize required turnaround times to the extent possible.
• All requests provided to the Permit Authority for the review and approval
must contain all reviews and recommendations already obtained from
other City departments. The comments and recommendations from
various departments may be sought simultaneously. However, when
department reviews are sought from departments other than the Permit
Authority, the contractor shall include the reviews and recommendations
already obtained.
• The release of approved permits to Entertainment Industry Customers
shall be accomplished in a manner that allows the Customer to
understand the limitations placed upon the requested activity and allows
for sufficient community notification.
-11-
• In all instances where neighborhood filming guidelines or other City
policies exist that require a community survey, the community survey must
be conducted in advance of the beginning of the permitted activity, unless
stated otherwise in a separate guideline or policy adopted by the City
Council. The community survey may be conducted by the production
company, the Contractor or a Subcontractor.
• Maintain standard office hours a minimum of 8 a.m. to 6 p.m., Monday
through Friday, with the exception of City holidays.
• Collect estimated City fees from Entertainment Industry Customers in
advance of releasing a film permit and pay the City within 60 calendar
days of receiving a final invoice for City Fees.
• Process requests for refunds from Entertainment Industry Customers
within 30 calendar days of receiving final documentation that indicates a
refund is due.
• For specified locations, where monitors or other designated contractor
staff are assigned contractors will collect and account for all signs City
reports as being posted immediately following the conclusion of permitted
activity. All signs collected will be returned to City following the conclusion
of the permitted activity. Along with the signs, contractor will submit a brief
report containing the number, type of, and location of signs collected and
returned by contractor.
2. Notification Services
The contractor will provide notification services. The contractor will operate with
the following purpose:
• Provide services to nearby residents and businesses and City entities, of
upcoming filming.
The contractor(s) shall perform the following tasks:
• Provide notification services, including the creation and posting of notices
(giving special attention to the language needs of the community);
• Ensure that the description of activity on notifications is accurate and
detailed, in particular, activity that is likely to generate public concern such
as screams for help, screeching tires, etc.;
• Maintain detailed, accurate records related to all services provided under
this contract and made available fore review by the City, including, but not
limited to: sample notice, a map of the area where the notice was
distributed to, and any issues encountered in conducting the notice and
the resolution of those issues;
• Provide notification data, records and background information;
• Provide advice to City officials and departments regarding the notification
process; and,
• Respond to inquires regarding the notification process from City officials.
-12-
3. Complaint Referral Services
The contractor will provide complaint referral services to assist with the timely
resolution of community and entertainment industry complaints.
The contractor shall perform the following tasks:
• Receive complaints on a 24 hour/7 day a week basis and address them in
a timely manner, including the appropriate referral of complaints to
appropriate City personnel and contractors;
• Provide complaint data, records and background information;
• Provide advice to City officials and departments regarding filming policy
and complaints received;
• Receive and respond to complaints regarding filming from City officials
and departments, including the appropriate referral of complaints to
appropriate City personnel and contractors;
• Review written stakeholder comments and complaints and, in consultation
with the City, prepare written responses to the comments or complaints.
• Refer complaints to appropriate City personnel and contractors within 15
minutes if the activity is currently in progress. If there is no after hours
contact provided by a City department then the call shall be referred to the
Permit Authority in a manner determined by the Permit Authority.
• If a complaint is received and the activity is no longer in progress, respond
to the complaint on an initial basis within one (1) calendar day and
finalize/complete any responses, including written, if necessary, within
seven (7) calendar days.
• Provide response services to complaints on a 365 days -a -year, 24 hours -
a -day, 7 days -a -week basis.
4. Maintenance of Records
The Contractor is expected to provide appropriate record keeping and separation
of assets and liabilities related to services provided under this Contract (separate
from other business activities provided by the company). Record keeping details
should also separately account for the three different types of services provided
under this Contract.
5. City Fees
The Contractor shall remit all City Fees monthly.
• The Contractor shall not deduct from any remittance to the City any
transaction fees or other costs incurred as a result of accepting payment
from its entertainment industry customers in the form of credit card, debit,
wire transfer, check, or other forms of payment.
• The Contractor shall remit City Fees to the City with U.S. currency and
may not reduce payments to the City by costs associated with the
conversion of foreign currency to U.S. currency.
• For film permits coordinated through Contractor, Contractor not the
Entertainment Industry Customers, is obligated to pay to the City all City
Fees other than those customarily collected by the City directly from the
Entertainment Industry Customers. If the Contractor desires to adopt a
-13-
regular business practice allowing Entertainment Industry Customers to
obtain permits on credit, it may do so. However, the Contractor would still
be required to remit all City Fees within 60 calendar days of receiving a
final invoice for City fees regardless of their ability to collect from individual
Entertainment Industry Customers.
The Contractor may collect deposits from its Entertainment Industry
Customers so if violations occur deposits can be used to pay for
fees/fines/financial penalties.
The Contractor shall, after receiving from the City a final invoice for City
Fees, pay to the City, in the United States currency, all City Fees invoiced
with the next regularly scheduled payment.
The Contractor shall act in good faith in disputing any City Fees billed
(either timely or late) by the City, and contractor and the City will act in
good faith to resolve any such dispute within a reasonable time. Once the
dispute as to any City Fees is finally resolved, either by agreement
between contractor and the City or by legal action or some other agreed -
upon dispute resolution method, contractor will pay such City Fees at the
same time as the next normal payment is due to the City. However,
payment of disputed fees shall be separated out from the normal payment.
If contractor fails to pay all or any portion of City Fees within the time
payment of such fees is due as set forth in this section, the payment of the
unpaid portion will be considered late.
o If a payment remains unpaid for more than 30 calendar days after it
is considered late, such unpaid amount of City Fees will be
considered delinquent and subject to a penalty of 1 % of the
delinquent amount.
o If a payment is delinquent for more than 30 calendar days,
delinquent amounts (including the 1% penalty) will also be subject
to interest charges. Interest on such delinquent amounts will be
calculated at a rate equal to the prime rate at the time such unpaid
City Fees become delinquent plus five percent, and interest will
accrue at that rate from the date the unpaid City Fees became late
until payments made by contractor.
6. Emergency Response and Coordination
The Contractor shall assist the City in responding to unusual occurrences and
large scale emergencies when a state of emergency is declared by the City,
including cancelling, revoking or not processing permit requests and
communicating with the Entertainment Industry.
The Contractor shall direct its staff to cooperate fully with the City and follow the
direction of the Contract Administrator, the Mayor, the Emergency Operations
Board and the Emergency Operations Organization for the duration of the local
emergency.
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The Contractor shall, as requested cooperate with City efforts to recover costs
associated with the Emergency from the federal and state governments.
The Contractor shall, as requested, coordinate the dissemination of emergency
related information to the entertainment industry and assist the City in canceling,
delaying, rescheduling and relocating filming and managing the related public
relations.
7. Marketing Program
Maintain a web site providing information about City facilities available for
filming. Such site shall include photographs along with contact information
for the City department that schedules filming activity at the facility. If for
any reason Contractor is unable to continue providing a location library
web site, it shall make available to the City of Vernon, free of charge, any
photographs, documents, or systems owned by Contractor, which
compromised the location library.
If requested by the City, cooperate with City efforts to enhance and retain
jobs (within the City) in all segments of the entertainment industry
including multimedia and other new emerging technologies. However,
Contractor shall not be required to expend its own financial resources to
accomplish such programs.
-15-
EXHIBIT B
EXHIBIT B
REPORTING REQUIREMENTS
Permit Coordination — Reporting Requirements
1. The Contractor shall submit to the City Administrator, within 30 calendar
days after the end of each quarter, quarterly summaries of permit volume,
amounts collected from Entertainment Industry Customers and amounts
paid to the City in City Fees. These reports should indicate any significant
changes when comparing the current quarter with previous quarters, or
when appropriate, the same quarter from previous years.
2. The contractor shall submit to the City Administrator, on a monthly basis,
in a format approved by the Contract Administrator, a list of all of its
Entertainment Industry Customers, including: the Production Company's
name any known contact personnel, as applicable; address; telephone
number; contact person; type of production; production title; and
requested filming location(s) and date(s).
3. The Contractor shall submit to the City Administrator an annual report
addressing the impact of City policies, rules and regulations on filming in
the City and recommendations to improve the environment for on -location
filming in the City.
4. The Contractor shall submit to the City Administrator a written copy of all
non-proprietary policies and procedures for all aspects of the process of
obtaining a film permit (financial, procedural and otherwise) and submit
subsequent changes to those policies and procedures within 15 days of
the change. Proprietary policies and procedures shall be provided for
inspection but will not be provided in a manner that creates a public record
absent a court order.
5. The Contractor shall submit a reconciliation statement and aging report
with each payment of City fees. The reconciliation report shall detail the
fees being submitted and related permit information. The aging report
shall show the amount of City fees for which FilmL.A. has not received a
final invoice after completion of filming activity. Should the aging report
show that a City department has not submitted final invoices for at least 60
days after completion of the filming activity, the City Administrator will
notify the City department and request submission of final invoices to
FiImL.A. within 30 days. Should the aging report show that a City
department has not submitted final invoices for at least 90 days after
completion of the filming activity, the City Administrator will forward the
Aging report, along with detail provided by FilmL.A. to the Mayor and City
Council.
-16-
Notification Services — Reporting Requirements
6. The Contractor shall submit to the City Administrator, within 30 calendar
days after the end of each quarter, quarterly summaries of notification
volume and amounts collected from Entertainment Industry Customers.
Complaint Referral — Reporting Requirements
7. The Contractor shall maintain a record of all complaints lodged by the
City, on behalf of the City or a City resident or business concerning on -
location filming events in the City. A report on complaints will be provided
on a quarterly basis as determined by the City Administrator and the
Permit Authority as well as a compilation of data provided annually.
Complaint data, records and background information provided must be
clear and complete.
-17-
Juarez, Debbie
From: Barcia, Ana
Sent: Tuesday, November 29, 2011 10:49 AM
To: Juarez, Debbie
Cc: Schoenig, Todd Capt
Subject: RE: Insurance Inquiry- FILML.A., Inc. -Approved 11/15/11
Hi Debbie,
FILML.A. has provided acceptable insurance coverage.
Ana Barcia
City of Vernon
T: 323) 583-8811 ex 286
F: 323) 826-1439
abarcia(a)ci.vemon.ca.us
From: Juarez, Debbie
Sent: Monday, November 28, 2011 8:46 AM
To: Barcia, Ana
Subject: RE: Insurance Inquiry - FILML.A., Inc. - Approved 11/15/11
HI Ana. Please let me know the status. Capt. Todd Schoenig ext 567 came by to see where we are at with sending this
out. Thanks.
,De6orah Juarez
W§corrfs Management f ssistant
City of Vernon - City Clerks office
4305 Santa EFe f venue
Vernon, CA 90058
(323) 583-8811
From: Barcia, Ana
Sent: Tuesday, November 15, 2011 3:13 PM
To: Juarez, Debbie
Subject: RE: Insurance Inquiry - FILML.A., Inc. - Approved 11/15/11
Need to work on this. I'll advise once I receive the approval.
Thanks,
Ana Barcia
City of Vernon
T: 323) 583-8811 ex 286
F: 323) 826-1439
abarcia(&ci.vemon.ca.us
From: Juarez, Debbie
Sent: Tuesday, November 15, 2011 2:59 PM
To: Barcia, Ana
Subject: Insurance Inquiry - FILML.A., Inc. - Approved 11/15/11
Hi Ana. Please let me know if you have valid insurance on file for the above -referenced contractor. Thank you
Worah Juarez
RECEIVED
NOV 0 7 2011
.CITY CLERK'S OFFICE
0ev
STAFF REPORT
FIRE DEPARTMENT
DATE: November 2, 2011
TO: Honorable Mayor and City Council
FROM: Todd Schoenig, Administrative Captain
RE: Film L.A. Film Permitting Services
RECEIVE
NOV 0 3 2011
CITY ADMINISTRATION
After consulting with numerous business owners, city employees and film production
companies working in the city, it has been determined that there is a need to streamline the
film permitting process within the City of Vernon .
In the City of Vernon, a temporary use (filming) permit is required for all on -location filming on
both public and private property. The Vernon Fire Department administration office currently
coordinates all on -location production (features, television series, commercials, student films
and still fashion shoots) in the City of Vernon. After a film permit request is received, the fire
department filming coordinator must schedule a location walkthrough to be attended by
representatives from the health, police and community services departments as well as the
production manager for the film company and the building owner or representative. After
approval from all involved department representatives the completed film permit must be
walked through city hall and signed off by each department involved ( health, police,
community services, risk management) and then back to the fire department for final approval.
This process is laborious and time consuming for all involved and dramatically increases the
cost to the city and turn around time for processing film permits. By contracting with Film L.A.
for film permitting coordinating we can maintain our control of all aspects of the permit process
while being able to utilize their state-of-the-art Online Permit System (OPS), fee collection
service and city film site marketing services. Use of this system will decrease city employee
man-hours associated with the current film permitting/walkthrough process.
Film L.A. is a private, 501(c)4 not -for -profit organization established for the public benefit. Film
L.A. is the contracted sole provider of film permit coordination for the County and City of Los
Angeles, City of Industry, Southgate and numerous other cities and agencies. When filmmakers
apply for permits, their team of production coordinators works hand -in -hand with client
jurisdictions to obtain the required approvals from agencies or departments such as police and
fire, health, risk management and community services. All permits are issued by the authority
of and in accordance with the policies of each client jurisdiction. Fees collected are determined
by each individual agency contracting with Film L.A. .
To increase efficiency, decrease turn -around time and to better promote filming within the City
of Vernon, the Fire Department recommends contracting with Film L.A. for film permitting
services and coordination.
Fiscal Impact: None
CCC.w _ rvE`
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: October 26, 2011
TO: Todd Schoenig, Captain
FROM: Mike Montgomery, Interim City Attorne
RE: FilmL.A. Incorporated
I have received and reviewed the contract and the attachments thereto
for the above -referenced matter.
The contract for filming is approved as to form.
MM:em
Enclosures