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Home My WebLink AboutC2010-083 - 3/19/2010 - NAMEDIA RIDE-ALONG AGREEMENT ("Agreement"} This Agreement is entered into this 18TH day of March, 2010 by and between the Cineflix (Campus 2) Inc. ("Producer") a Canadian corporation {110 Spadina Avenue, Suite 400, Toronto, Ontario, Canada, MSV 2K4) and the City of Corpus Christi {"City") a Texas home-rule municipal corporation, for and on behalf of its Corpus Christi Police Department {"Department"}. Purpose. Producer wishes to photograph and record at and upon the premises known as the Corpus Christi Police Department ("Department"} located at 321 John Sartain, Corpus Christi, Nueces County, Texas 78401 the interior and exterior of the Department's police vehicles, and any other City-owned facilities or property (the "Premises"), except those areas of the Premises deemed secure ox restricted by the Department, in connection with the program series that is currently entitled "Campus PD" (referred to herein as "Program"} produced by Producer. PermitJLicense_ Producer shall, at its own expense, obtain alI necessary permits/Iicenses as required by state law or city ordinances before any production may commence. Producer agrees to comply with a111aws and ordinances that govern production or filming in the city of Corpus Christi and state of Texas. Department Security Checks. For security purposes, the Department requires the Producer, its officers, employees, agents, invitees, licensees, contractors, and subcontractors to comply with the Department's background check requirements, including, but not limited to, fngerprinting before access to Premises will be granted. Separate Release and Waiver of Liability fox Ride-along. In addition, each of the Producer's officer, employee, agent, contractor, subcontractor, and licensee agrees to sign the Department's Release and Waiver of Liability before entering a police vehicle and participating in any ride-along conducted by the Department. Ride-along in Police Vehicles. Subject to each individual having signed the required separate Release and Waiver of Liability for the ride-along, for good and valuable consideration, the Department grants Producer permission to use the interior and/or. exterior of the Premises (including the interior and/or exterior of any police vehicles) fox the purposes of photographing and recording scenes for possible use in the Program, except those areas deemed secure or restricted by the Department. The Department also grants Producer permission to bring into the Premises the equipment and personnel as Producer may deem necessary for production of the Program on the following dates: from March 18, 2010 to April 4, 2010. Producer shall keep all cords, wires, and equipment secured and taped down, and.-shall maintain Premises in good and safe condition. City/De_partment Control over Safety. Producer accepts and acknowledges that in order to protect the integrity of the °Department's work, maintain the safety of officers, the public and Producer's personnel, Producer, its employees, officers, agents; licensees, contractors, and subcontractors shall comply with all instructions and restrictions imposed by the Department or its officers and employees at the locations of filming. The City/Department, its officers, employees, agents and contractors have the right to terminate any filming or remove Producer, its officers, employees, agents, invitees, licensees, contractors, and subcontractors whose conduct or work may have detrimental effect on safety or interfere, in any manner whatsoever with the Department's performance of its duties, including, but not limited to, encouraging City's employees, officers, agents, contractors, subcontractors, and invitees to act or conduct themselves in a manner that would endanger the public health, safety, or welfare, or to violate City/Department's policies, state or federal law, and/or city ordinances. No Right to Enter Private Property Granted. The Producer, its employees, personnel, agents, contractors, and subcontractors cannot enter upon private property unless prior written consent is obtained from the property owner. It is the Producer's sole responsibility to obtain ali consent necessary to enter upon private property. Production Expenses/Costs. Producer accepts and acknowledges that it may not, during the course of filming, subject the City/Department to any expense or cost it would not otherwise ordinarily incur including officers or employees overtime. All filming costs will be done at Producer's sole expense, and Producer agrees to reimburse or nay City an inconvenience fee for using public property. 2010-083 03/19/10 Cineflix (Campus 2) INDEXED MEDIA RIDE-ALONG AGREEMENT {"Agreement"j Insurance Required. Producer shall carry and maintain insurance during the term of this Agreement from an insurer authorized to operate in Texas, in the amount of not less than $1,000,000 in general liability including bodily injury and property damage with a $5,000,000 umbrella, naming the City of Corpus Christi as an additional insured. Producer shall file a certificate of insurance with the City of Corpus Christi prior to filming on the Premises. If the insurance coverage is renewed or changes in any manner or degree at any time this Agreement is in effect, Producer must not later than five (5} days after the renewal or change, provide the City of Corpus Christi a copy of an insurance certificate evidencing the renewal or change. INDEMNITY. Producer, its officers, agents, employees, invitees, contractors, subcontractors, parents, affiliates, subsidiaries, licensees, successors and assigns ("Indemnitors") covenants and agrees that it shall fully indemnify defend and hold the City of Corpus Christi, its offcers, agents, employees, and representatives ("Indemnitees") harmless from any and all claims, loss, damage, penalties, judgments, and all liability whatsoever, arising from injury to person or damage to property arising from, or alleged to have arisen under this Agreement. Indemnitors shall, at its own cost and expense, investigate and defend any and all claims, suits or actions (just or unjust) which may be brought against Indemnitees, each and all of them, or may be impleaded with others upon any such above-mentioned matter, claim or claims Indemnitees shall not be responsible or liable for any loss, damage or injury to any person or property, including any loss, damage, or injury to the Producer, its employees, agents, third parties, contractors, subcontractors, or invitees, parents, affiliates, subsidiaries, licensees, successors and assigns (Indemnitors) or to the property owned by the Indemnitors. Indemnitees shall endeavor to provide a copy of any claim to Producer within thirty (30) days of when the City received written notice of such claim, andshallpermit Producer to inspect theportion of the Premises that is alleged to have been damaged Confidentiality. To the extent not inconsistent with applicable state and federal law, the terms of this Agreement and any confidential information disclosed or obtained during the performance of this Agreement, whether before or after the effective date of this Agreement, including during any negotiations or any mediation related to such negotiations or the agreement, any proprietary, non-public information including, but not limited to, law enforcement strategies, tactics, techniques, or operations used or performed by Department must be kept confidential by Producer, its employees, agents, third-parties, contractors, subcontractors, invitees, successors, parents, assigns, and attorneys. Severability and Successors. In the event that any term or provision of this agreement shall be held invalid by a court of competent jurisdiction or governmental agency, the remainder of this agreement shall not be affected thereby, and the parties hereto shall continue to be bound by the remaining terms hereof. This Agreement shall bind and benefit the parties and their legal successors. Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, and venue lies exclusively in Nueces County, Texas. Warxan .The parties hereby represent that the signatures to this Agreement are from those persons with the capacity and authority to legally bind the parties. The City of Corpus Christi Cineflix (Campus 2) Inc. ~ ~ ~a ' g R. Escobar D to City Manager i~f ~ Troy Riggs Date Chief of Police Name: ~.~'~~.i` ~~~+~--~~.f' t Title: ~t~ ~ tYS o...~ C e~ v'~~- € N e and Title of AgentAuthorized by Producer Signature J~ Date CSI{) CERTIFICATE 4F tNSUR.ANCE DATE{YY1MM1°°' revised ~ 10~ 03( 18 eRO1c1:R This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does r-ot amend, Globalax Gestion de F.iaques extend or alter the coverage afforded by the policies hetow. 2001 av. Met;ill College (1600 COMPANIES AFFORDING COVERAGE Montreal, QC H3A 1G1 COMPANY A CHUBS INSURANCE COMPANY INSURED CQMPANY B CINEFLIX (CAMPUS 2} INC. coMPANY Ontario M5V 2K4 Toronto Suite 400 110 Spadina Avenue C , , , , COMPANY i D COVERAGES.. This is tD cedify that the policies of insurance listed below have been issued to the insured named above for the policy period term or condition of any contract or other document with respect to which this ALL LIMITS ARE IN notwithstanding any requirement indicated , ,. certificate may be issued ar may pertain, the insurance afforded by the policies described herein is subject to of the terms, CANADIAN DOLLARS exclusions and conditions'of suchpo(icies. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EPFECTIYE DATE (YY1MMlDDj POLIGY EXPIRATFON DATE (YY/MM10Dj LIMITS GENERAL UABILiTY EACH OCCURRENCE 3 A X COMMERCIAL GENERAL LIABILITY 79956538 2010!02!11 2011/02/11 GENERAL AGGREGATE 3 '?~ QQ(} ~QQ Q~~ k CLAIMS MADE Effective. March. 16, 2010, tit lS PRODUCTS-COMPIOP AGG S 5,QOO,~i}0.~0 ~~. X OCCURRENCE pOIICjI iS extended to C4Yer PERSONAL INJURY 3 5 Qpp,O~rQ,GO ~X ~ TEN ANTS LEGAL.lIAB1LITY eXCept * and '*. Wt)fldWlde LEGA4 LIABILnY TENANPS 3 ~iQ..11Q ~ . )( 'NON-AWNED ,. _ MEDEXP(Anyaneperxxtj S nr,nn r~ .. i. HIRED NONd?WNED 3 (~ ** AVT OMOBILE LIABILITY B401LY INJURY 8 PROPERTY DAMAGE 3 DESCRIBEDRUTOMOaILES ! GQMBINED NIA '. ALL OYNJED AUTOS BODILY INJURY 3 NIA LEASED AVTpMOBILES (Per person) BODILY INJURY 3 {Per acciderrt) N/A PROPERTY DAMAGE 3 NIA EXCESS LlAelllTY EACH OCCURRENCE S pjlA __._._..._. ___ UMBRELLAfORM AGGREGATE 3 OTHER THAN UMBRELLA FORM 3 OTitER i "USA Territory Aggregate Li it : $5,000,000.00 `* This coverage applies in N rth America only. Effective March 17, 201.0, th ` limits of insurance under "Ea h occurrence "Products - ompl0p Agg", "Personal Injury" and "USA Territory Aggregate miY' sections-are increased to 6,000,000.00 ADDITIONAL INSURED DESCRiPTFON OF DPERATfQN51LCCAT{ppIS1AtPTpNOBiLcS18PECiAl ITEM3 The Certificate Holder is added as additional insured under "Comprehensive General Liability" section, but only with respect Ito the operations and negligence of CINEFLIX {CAMPUS 2} ING., lin connection with. the production "GAMPUS PD" (SEASON 2}. 1 CERTIFICATE HOLDER CANCELLATION Shou-d any of the above described policies be cancelled before the GITY QF GORPUS CHRISTI expiration date thereof, the Issuing company wtil endeavor tD mail 1201 Leopard, Corpus Christi, Texas 78401 1~ days written notice to khe certificate holder named to the lefit, but failure to mail such notice shat( impose no obligation or liability {SHOOTING LOCATION} of any kind upon the company, its agenta or representatives.` AUTMQRIZED REPRESENTATIVE r - ~ ~ N4a~a er~ei : ' .. ~ , ~ ~ -~ ,, y ~ ,, CSIO CERT{6iS4} ~~.~~~?~ ~n-~' ~- OP ID BO f ~ CSR 72