Loading...
HomeMy WebLinkAbout10- Production Agreement with PSG FilmsProduction Agreement The following agreement is entered into between PSG Films (here after referred to as "Producer"), with a mailing address of P.O. Box 17024, Seattle, WA, 98127 and the City of Bozeman, a department of the City of Bozeman, a self-governing Montana municipal corporation, in regards to the production of a television program. The City of Bozeman hereby grants to Producer and their respective parents, subsidiaries and affiliates, licensees, successors and assigns, for good and valuable consideration receipt of which is hereby acknowledged, permission to film at various locations, and with various vehicles utilized by the Bozeman Police Department (BPD), throughout its jurisdiction, belonging to or under the control of BPD (the "Property"), and to film or videotape the day-to-day activities of BPD, and use these materials and the contents thereof in connection with the Program and publicity or promotion therefore. The Producer understands that due to Montana law film crews will not be allowed to accompany onto the premises and must remain on public land should the execution of a search warrant take place during filming. The Producer has also agreed to maintain the privacy of individuals dealing with any City of Bozeman agents without their written permission. The Producer agrees that at the end of filming (s)he will provide the City of Bozeman with copies of all the waivers for their records. All physical embodiments of filming, recording and photography shall hereinafter be known as the "Materials." The Producer agrees to not to report information that the City of Bozeman and/or BPD informs it in writing (before the initial telecast) is confidential and publication of which would violate the City of Bozeman's and/or BPD'S legal obligations. In the event that Producer and/or its employees suffer physical injury or property damage during videotaping in Bozeman, the Producer agrees to waive such claims and recourse against the BPD and the City of Bozeman, and both entities' officers, agents or employees, including the right of contribution for loss or damage to person or property to Producer arising from, growing out of, or in any way connected with or incident to the Producer's activities under this agreement. In addition, the Producer agrees to indemnify, hold harmless, and defend the BPD and the City of Bozeman and both entities' agents, principals, and employees from and against any and all liability (including liability where activity is inherently or intrinsically dangerous), damages, losses or costs, including but not limited to reasonable attorney's fees arising out of or resulting from the Producer's negligence, recklessness, or intentional misconduct regarding activities under this agreement, regardless of the nature or origin of the claim, including claims regarding the publication of Material. In the event of any action filed against the BPD or the City of Bozeman resulting from the Producer's performance under this agreement, the BPD and/or the City of Bozeman may elect to represent themselves and incur all costs and expenses of suit, Production Agreement Between City of Bozeman and PSG June 29, 2010 Page 1 of 4 The obligations of the Producer to defend, indemnify and hold harmless the BPD and the City of Bozeman will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass, nuisance, and strict liability. Notwithstanding anything in this Agreement, the City of Bozeman and/or the BPD shall be responsible for their own actions or failures to act in connection with this Agreement regardless of the nature or origin of the claim. Prior to any filming, the Producer shall provide and maintain adequate liability and property insurance satisfactory to the Bozeman City Attorney and in an amount no less than $750,000 per claim and $1,500,000 per occurrence, naming the City of Bozeman as an additional insured. This insurance shall remain effective and current during all filming, post production and publication of Material under this Agreement. These obligations shall survive the activities described under this agreement and continue in effect in perpetuity. The City and BPD grants Producer all rights of every kind in and to the Materials, including without limitation to the right to exploit the Materials throughout the world, an unlimited number of times, in perpetuity in any and all media, now known or hereafter invented, and in connection with the Program, and for advertising and promotional purposes in connections therewith and all rights, including copyright in the Materials shall be and remain vested in Producer. The undersigned acknowledge that Producer is photographing and recording such scenes in express reliance upon the foregoing. The undersigned represent and warrant that they have all rights and authority to enter into this agreement. Producer is not obligated to actually use the Materials or produce the Program for which it was shot or otherwise. Producer may at any time elect not to use the Materials. Producer assures the City of Bozeman and the BPD that the portrayal of the BPD will be positive and favorable. The City and BPD will have the right to review the raw footage of any interviews of BPD personnel to be included in the Program, as well as the right to review the edited program itself as set forth below, and will have the right to refuse the Producer to use of any or all parts of the interviews in order to ensure accuracy and to preclude the inadvertent release of classified, confidential, or sensitive law enforcement information. The City and BPD acknowledge that, other than to assure accuracy and to protest against disclosure of classified, confidential, or sensitive information, complete creative and editorial control of the Program rests with Producer - other than as set forth above, Producer agrees that the portrayal of BPD will be positive and favorable. Production Agreement Between city of Bozeman and PSG June 29, 2010 Page 2 of 4 Upon reviewing the rough cut, fine cut, and any subsequent cut of the Program, BPD will provide Producer with any inaccuracies or instances of classified, confidential, or sensitive law enforcement information, in writing, within two (2) days of receiving the videotape. Producer shall subsequently remove such classified, confidential, or sensitive law enforcement information from any subsequent cut and the final production of the Program. Any action to enforce this Agreement shall be brought in the district Court of the Eighteenth Judicial District, Gallatin County Montana and be construed under the laws of the State of Montana. The Parties agree this document is a public record under the laws of the State of Montana and neither Party has any expectation of privacy or trade secrets regarding the contents herein. The Producer agrees not to discriminate in the fulfillment of this Agreement on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability. The Producer agrees this requirement shall apply to the hiring and treatment of the Producer's employees and subcontractors. This written document constitutes the entire agreement between the City and BPD and the Producer regarding Producer creating a television show. No other written or oral agreements exist regarding this matter. No further authorization from BPD is necessary to enable Producer to proceed with filming and production of the contemplated show except for the requirement to provide insurance to the satisfaction of the Bozeman City Attorney in the amount listed above naming the city of Bozeman and the BPD as a secondary insured,. Production Agreement Between City of Bozeman and PSG June 29, 2010 Page 3 of 4 I-or F SignE Print Title: Date: For city ozerqan: Signed� M Production Agreement Between City of Bozeman and PSG June 29, 2.010 Page 4 of 4 .................. IMIDD ACORD,, CERTIFICATE OF LIABILITY INSURANCE 1201 1 0 Y YYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Midlakes Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1700 Westlake Ave N #724 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Seattle, WA 98109 ALTER THE COVERAGE AFFORDED BY THE POLI BELOW. Phone No 352-8300 F No (206) 352-9002 INSURERS AFFORDING COVERAGE NAIL # INSURED hSSLiRERA EFM - EiTI Fire and Marine Insurance Company PSG Films INSURER B P.O- Box 17024 Seattle, WA 98127 INSU Phone No Fan No INS URER D - ­­ -- INSURER ;OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. E NSaRD 1, I POLICYIEFFE&TIVE I EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE lMMjDDjY_Y) DATE (MN'PDDfYYI LIMITS GENERAL LIABILITY ... ..... .... EACH OCCURRENCE S 5000000 X COMMERCIAL GVNERAL LIAOIL17Y - I -- DANJ,�G­j J GETCRENTED EF4 F CLAIMS MADE X OCCUR 5 F101 17493 08/13/2009 08/13/2010 P erso n) _ '5.00 _PERSONAL A_�Ry INJURY Is_ 5,000,000 GENERAL AGGREGATE $ 5, ciioff, 0 0 0 GEN L AGGREGATE LIMIT APPLIES PER PRO- PRODUCTS- CON4P,'OPAGG $ 5 000 WQ- POLICY �—� LOG AUTOMOBILE LIABILITY COMBINED StNGLP LIMIT (Eccdent) 5,000,000 ANY AUTO a -a ALL OWNED AUTOS F101 7493 08/13/2009 08113/2010 BODILY INJURY EFIA SCHEDULED AUTOS (per person) Included HIRED AUTOS C, BODILY INJURY S NON-OWNED AUTOS Per accident) Included PROPERTY DAMAGE tPe, accident) G A AR GE LIABILITY AUTO ONLY -7 -EAACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE OCCUR F'j CLAIMS MADE - AGGREG $ DEDUCTIBLE RETENTION WORKERS COMPENSATION AND 'OTTL EMPLOYERS' LIABILITY ANY PROPRIETORPARTN ERIEXECUTiVE E. L . EACH ACCIDENT - OFFICERIMEMBEIR EXCLUDED? . . ...... E L. DISEASE - EA EMPL It yes describe under SPECIAL PROVISIONS be!nw E L DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Certificate Holder is named as an Additional Insured as their interests may appear. All coverages expire at 12:01 a.m. Standard Time City of Bozeman ATTN: Greg Sullivan P.C. Box 1230 Bozeman, MT 59771 United States Of America Phone No ACORD 25 (2001108) Fax No E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE 0 (r) Arnpn rnDDn0A'rink1 4000 This certificate of insurance does not affirmatively or negatively amend, extend, or after the coverage afforded by the insurance policy