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HomeMy Public PortalAbout6-23-16 CCAR_COMMERCIAL FILM PRODUCTION APPMAYOR Jason Buelterman CITY COUNCIL Barry Brown, Mayor Pro Tem Wanda Doyle Bill Garbett Julie Livingston John Major Monty Parks CITY OF TYBEE ISLAND CITY MANAGER Diane Schleicher CITY CLERK Janet LeViner CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 6/23/16 Category: Consideration: Local Requests & Applications Item: Commercial Film Production Application for implementing Organization: City of Tybee Island Explanation: Application is attached. Budget Line Item Number (if applicable): Supporting Documentation: X Attached* _____ Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Chantel Morton, Development Authority / Main Street Executive Director Phone / Email: 912-844-9771 / cmorton@cityoftybee.org Date given to Clerk of Council 6/15/16 CITY OF TYBEE ISLAND PO Box 2749; Tybee Island, Georgia 31328; www.cityoftybee.org COMMERCIAL FILM PRODUCTION APPLICATION Thank you for considering Tybee Island as the ideal location for your production. The City of Tybee Island recognizes that productions have a significant economic impact and can contribute to the vitality of the community. With the Citizens of Tybee Island’s quality of life in mind, this document has been developed to assist commercial production companies in planning safe and successful projects in a manner that has minimal disruption to local residents and businesses that may be impacted by the activity. By keeping the public’s best interest in mind, persons/firms/companies wishing to engage in film related commercial production activity upon public or private property which seek permission to conduct certain activities prohibited under local law, which requires state or federal permitting or approval, require city services, and / or require public parking must first be granted approval from the City Manager. Consideration for approval by the City Manager: a. Productions taking place for one (1) to five (5) days which: i. will have no activity on the beach and / or within the State’s Shore Protection Jurisdictional Area; ii. impact less than two city blocks; and, iii. request a maximum of 25 parking spaces shall complete and submit this application in its entirety at least five business days prior to beginning of activity for consideration by the City Manager. b. Productions taking place for one (1) to five (5) days which will have activity on the beach and / or within the State’s Shore Protection Jurisdictional Area shall complete and submit this application in its entirety at least twenty business days prior to beginning of activity for consideration by the City Manager. Consideration for approval by the Mayor and City Council: a. Productions taking place for six (6) or more days which will have activity that includes traffic control on multiple city blocks or restricts and/or limits beach access in an area greater than 22,500 square feet shall complete and submit the application at least twenty eight business days prior to City Council for consideration at a public meeting. NOTE: Monthly City Council meetings typically take place the second and fourth Thursday. Applications are considered on a first come, first served basis and should not conflict with annual island events or activities already approved. No more than one production in the same location will be permitted due to limited infrastructure and city resources. Today’s Date: Application Fee Submitted (per type circled below): The production company is responsible to pay an additional $500 to have a special City Council meeting arranged in order to expedite consideration of the application. Please confirm by checking one of the following options: □ REQUESTING □ NOT REQUESTING  The Commercial Film Production Application fee, as noted above, is due at the time of application submittal and is non-refundable.  The application will be reconsidered for approval if substantial changes are made or additional needs are requested. Proposed activity may be delayed and additional fees may apply.  Permit applications for beach use and / or facility reservations are administered separately. Type of Production Base Fee Number of Days for Production Activity (Productions with activity beyond one day are to pay $100 per day above the base fee.) Total Commercial $275 Music Video $325 Corporate Video $275 Television Show $375 Documentary / Feature Film $450 Page 2 of 12 Application consideration date: 6-23-16 SECTION 1: GENERAL INFORMATION (attach additional pages as necessary) 1. Name of Production: 2. Production Company: 3. Production Representative (Local Contact Person): The representative listed above must be on site during production activity and readily available at all times to address concerns. 4. Local Address: City: State: Zip: 5. Contact Phone: Email: 6. Phone Number and / or Website for Public information: SECTION 2: REFERENCES 1. Provide information regarding your previous production experience(s). 2. Provide two (2) references excluding city officials and staff: a. Name: Address: Phone: b. Name: Address : Phone: 3. List any additional contact person(s) and their phone numbers involved in assisting with this production.  Due to increased demand on resources and to the protection of natural habitats please refer to Section 5 for potential restrictions of production activity locations and time periods. 1. Date(s) and time(s) of production activity:  Anticipated rain dates for activity: a. Beginning of Setup: Date/Time period b. Completion of Teardown: Date/Time period 2. Location(s): a. A drawn to scale, detailed site plan of the area(s) requested for production with all structures depicted is required at time of application submittal. 3. Provide a brief synopsis of the production: 4. Estimated number of people involved in production: Personnel Crew Extras Other (please explain) 5. Will activities with this production impede traffic flow? □ Yes (provide explanation below) □ No SECTION 3: PRODUCTION DETAILS (attach additional pages as necessary) Page 3 of 12 Application consideration date: 6-23-16 6. Will activities require closure of public streets? □ Yes (provide explanation below) □ No a. Describe activity: b. List requested streets: 7. Will activities require public parking to be used? □ Yes (provide explanation below) □ No a. Provide details under Section 4. 8. Will commercial trucks be utilized during activity? □ Yes (provide explanation below) □ No a. Describe activity: b. List requested locations: 9. Describe any use of amplified sound: 10. Check all that apply during production activity: □ Animals on site □ Use of generators □ Stunt work □ Smoke / fire / pyrotechnic effects □ Fireworks □ Amusement rides □ Simulated weapon use □ Falling / jumping from height □ Temporary structures □ Temporary dumpster □ Building changes □ Removal / trimming of vegetation □ Other: Provide details: SECTION 4: CITY SERVICES REQUESTED – REFERENCE SECTION 5 FOR DETAILS □ Department of Public Works (DPW) Request(s): □ Parking requests (include a map plotting locations as described below): □ Police Detail requests: a. Please describe: b. Will additional security be hired? □ Yes (provide details below) □ No Provide details: □ Fire Detail/Ocean Rescue requests: a. Please describe: SECTION 3: PRODUCTION DETAILS CON’T. (attach additional pages as necessary) Equipment Quantity Exact Location Days & hours requested Traffic Cones Barricades Traffic Barrels Type of Parking Area Exact Location(s) Use for Parking (i.e. working, crew, production/staging, base camp, extras…) Days & hours requested Quantity Private Commercial Public Parking Page 4 of 12 Application consideration date: 6-23-16 This section provides information and standard requirements that have proven to be useful during production activity and serves as a guide for all Companies desiring to obtain a Commercial Film Production permit on Tybee Island. The city assumes no liability arising or resulting from the determinations of respective minimum staffing levels or the requirements for any production. Because no two production requests are the same, requirements may vary for each production. The Development Authority/Main Street Office reserves the right to require additional city services and/or monetary deposits that may not be noted, but determined necessary. Production activity taking place in residential and / or commercial areas, inclusive of filming, parking, set dressing, load-in and load-out in these areas of Tybee Island require a production permit or shall be cited as a violation for the production company. Possible restrictions: Based on the proposed production activity, increased demand on resources and economic impact of businesses during peak tourism season (spring and summer), the City Manager or Mayor and City Council reserves the right to restrict production activity in Downtown and beach areas between Tybrisa (16th) and 18th Streets. The guidelines are subject to change and may be enforced as conditions of the permit. Production Scouting The City of Tybee Island’s Development Authority/Main Street Office shall be contacted prior to scouting locations for possible production activity in order to discuss city policies and parking regulations. Process of Application Consideration 1. Whether the representative for a Production Activity Permit is capable or incapable of executing the planned production. 2. Whether budgetary considerations at the time of application create such a burden upon the city’s financial resources that it would not be practical for the production to take place at the time requested. 3. Whether the activity as planned would create an undue burden upon the public and staff resources of the city. 4. The timing of the proposed production activity. 5. The historical experience, if any, of production activity in the past years. 6. The effect the proposed activity will have upon the city’s resources and public health and safety, and frequency. 7. All city department heads affected by said activity must review and confirm acceptance of the application prior to the application being approved by the City Manager or City Council. All relevant fire and life safety issues must be adequately addressed. 8. A production related permit may be refrained from issuance when the directors of city departments, in good faith, believe that the proposed activities will endanger the public health, safety, welfare, and / or damage property. 9. After reviewing the comments of all affected departments of the city, based on the specifics of the production activities, approval or rejection to proceed with the application process will be granted. 10. Requests for filming on weekends or holidays are reviewed on a case-by-case basis. Locations for production activity are reserved on a first-come, first-serve basis, regardless of the size or scope of the production. Consideration of Application 1. In order to ensure a smooth review process for permission of requested production activity, the representative will first meet with the city’s Development Authority / Main Street Executive Director, then applicable city department personnel and City Manager to review the application so that all concerns and details are addressed and agreed upon. Following these meetings, the application, if applicable, will be submitted for City Council consideration. 2. The City Manager may at her / his discretion approve production activity as outlined on page 1 of this application. The City Manager may at her / his discretion approve small scale production activity if the activity is solely on private property. 3. The City Manager, in consultation with Directors of affected departments, may also impose any necessary restrictions or conditions to be observed in accordance with public safety, environmental and administrative considerations involved in the application. SECTION 5: INFORMATION & PRODUCTION GUIDELINES Page 5 of 12 Application consideration date: 6-23-16 Community Development Department 1. Temporary structures may not be anchored in the ground. If damage is done to city property, applicable fines and / or fees shall be billed to and paid by the production company. 2. Removing, excessive trimming and/or cutting of vegetation or trees are prohibited unless approved by and coordinated with the proper permitting office. In most instances, a city permit will be required. Facility Reservation Office 1. Reservation applications for use of beach areas, city owned properties, and filming activities are required through the Facilities Coordinator no later than 20 days prior to proposed activity. 2. The representative granted a production permit shall comply with all applicable laws, ordinances and policies pertaining to approved facility application. 3. The representative granted a production permit shall be responsible for its contractors and subcontractors adhering to all applicable laws, ordinances, and polices pertaining to approved facility applications. Fire Department 1. In the interest of public safety, the Tybee Island Fire Department must review and approve aspects of the production activity that may include, but not limited to, fireworks or pyrotechnics, emergency vehicle access, and use of open flame. The Fire Chief will determine whether or not department personnel are needed and the production company shall pay directly for said services. 2. The Fire Chief must approve requested participation by the Fire Department directly. 3. The Fire Chief must approve use of Ocean Rescue Headquarters and Lifeguard Stands. 4. Water activities and/or stunts will require the presence of off-duty Tybee Island Ocean Rescue lifeguard(s). 5. The production company shall be solely responsible for coordinating with the Fire Chief, the hiring and compensating of necessary personnel in association with activity. 6. Fees will be assessed and invoiced for use of department vehicles in association with production activity. Parking Services Division Most productions require some level of parking arrangements. When a company requires public parking in city parking lots, arrangements must be made with the city’s Parking Department, in conjunction with the Development Authority/Main Street Office at the time of application review with departments. Due to the high demand for parking spaces in the City of Tybee Island, the parking department will only rent parking spaces for vehicles essential to production and/or to clear parking spaces for the production (no visible vehicles in the shot). All production vehicles must park in legally designated parking spaces and/or lots. Vehicles parked in unauthorized areas (i.e. handicapped spaces, loading zones, fire lanes, lanes of traffic, unlicensed lots, residential zones, etc.) without official authorization will be fined and/or removed. 1. The production company should effectively demonstrate that they have maximized the use of private commercial parking prior to requesting use of public parking. 2. In most cases, the city may provide public parking spaces only for essential unit vehicles. When public parking is approved for use and / or restricted, costs as noted below will be invoiced accordingly: APPLICABLE DAY HOURLY RATE / SPACE Monday thru Thursday $1 / hour / space Friday thru Sunday $4 / hour / space Hourly rates per space will be doubled without written notice and city approval 48 hours in advance. 3. The production company should use off-street parking, as available, for non-essential vehicles (i.e. crew parking). The production company may be required to use a remote parking location and arrange for suitable shuttle service for locations where off-street parking is not available (i.e. residential locations). At all times parking should be organized to minimize the disruption to the area. 4. Request for use of parking lots or spaces must be submitted in detail for approval with the application. 5. Requests for production vehicles parking should be included in the application request for consideration. SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. Page 6 of 12 Application consideration date: 6-23-16 6. Requests for public parking spaces that have a direct impact on a business or resident(s) may be required to be accompanied by a notification letter confirming communication with the affected business/property owner/ manager prior to the request for parking being approved. The Development Authority/Main Street Office, in conjunction with the City Manager’s Office, may make determinations of needed documentation made on a case-by-case basis. 7. By city ordinance, no person(s) may camp or sleep in vehicles in public areas nor may a vehicle stop or park with engine running for longer than ten minutes, except when necessary to refrigerate perishable items and / or for passenger buses that remain occupied by other than the driver. Street Closures If roads are to be blocked or traffic disrupted in any manner, the representative must directly coordinate with the Tybee Island Police Department during regular working hours. 1. Public streets shall not be closed unless: a. adequate alternate routes are available, b. adequate access is assured to adjacent businesses, c. transit can be maintained on the portion of the street to be closed, or can be maintained on adjacent streets. 2. Major streets shall not be closed during high volume traffic periods. a. When traffic cannot be effectively diverted onto other streets, traffic shall be stopped only intermittently and for no longer than three continuous minutes during each 10-minute period. b. Occupants of properties within a street closure or within any area a film company is filming are to be informed of the activity by the production company. In a residential area, residents in any block where filming is occurring or which is occupied by production vehicles shall be advised of the proposed activity. Reference the Notification Section for information. Adequate access to the area should remain open at all times for emergency service personnel and emergency vehicles to ensure safety. Police Department 1. Any person or organization shall comply with security and safety guidelines set by the Tybee Island Police Department. 2. The Chief of Police must approve requested participation by the Police Department directly. 3. Traffic Control/ Driving Shots a. All productions that require any amount of pedestrian and / or vehicle traffic control must include detailed information within the application for consideration. The off-duty officer in accordance with the permit shall directly coordinate all traffic interruption on-site. 4. The production company shall be solely responsible for coordinating, with the Chief of Police, the hiring and compensating of necessary personnel in association with activity. 5. Fees will be assessed and invoiced for use of department vehicles in association with production activity. Public Works Department 1. The site of the production activity must be left in its original condition or additional charges will apply. 2. Please note that any production that is found illegally dumping debris/trash will be fined. In addition, any production leaving debris/trash behind at any production location will be billed for the time, labor and equipment used by the Department of Public Works to clean up the area. 3. Upon completion of work, all materials and debris shall be entirely removed and the right-of-way left in a condition satisfactory to the Director of Public Works. Any costs for cleanup by the city will be charged to the permit holder. 4. Fees will be assessed on a per hour rate and determined by the city If production activity requires the use of the electrical service, equipment owned by the City of Tybee, and / or labor. 5. It is the responsibility of the production company to provide adequate toilet facilities during activity as appropriate. Location(s) of said stations shall be indicated on provided site plan. One chemical toilet for every 200 people is recommended. SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. Page 7 of 12 Application consideration date: 6-23-16 6. Electrical needs are the sole responsibility of the production company. Generators shall not run during evening hours nor disrupt the peace and quiet in non-commercial areas. 7. The production company shall be solely responsible for coordinating, with the Director of Public Works, the hiring and compensating of necessary personnel in association with activity. 8. Fees will be assessed and invoiced for use of department vehicles in association with production activity. Additional Agencies Georgia Department of Natural Resources A Letter of Permission (LOP) from Georgia Department of Natural Resources is required for any activity on the beach and / or within the Shore Protection Jurisdictional Area (i.e. beach side parking lot areas, etc.) fifteen (15) business days prior to activity. The production is subject to cancellation if the LOP is not received by the City of Tybee Island prior to the noted deadline. Requests may be submitted at http://coastalgadnr.org/sendemail. The application that is approved by the city supersedes the issued LOP and vice versa depending on whichever is more restrictive. The city will notify DNR Enforcement when activity taking place conflicts with the issued LOP. Fines may apply. Georgia Department of Transportation The Georgia Department of Transportation shall be contacted when production activity impacts their jurisdiction. Contact information is available at http://www.dot.ga.gov/AboutGDOT/Districts. Chatham County Chatham County shall be contacted when production activity impacts their jurisdiction and / or the Pier and Pavilion located at Strand Avenue. Contact information is available at http://www.chathamcounty.org/Home/Department-Contacts. Tybee Island Marine Science Center Turtle nesting season on Tybee Island is May 1 through October 31. A conservation program of the Marine Science Center is the Tybee Sea Turtle Project. Volunteers with the Turtle Project protect the island’s nesting sea turtles and monitor. Production representative shall coordinate with the Marine Science Center regarding proposed beach activity during turtle nesting season. Contact information is available at http://www.tybeemarinescience.org/contact-us/. United States Coast Guard The USCG shall be contacted at 912-786-5440 when production activity includes fireworks. Approval for such activity is required at least 135 days prior. This is in addition to approvals required by the City of Tybee Island with input from the Tybee Island Fire Department. Residential / Commercial Areas 1. Production representative must provide written documentation confirming notification provided to merchants and / or residents prior to the Commercial Film Production Application being submitted for consideration of approval. Documentation shall include signatures of merchants notified. 2. It is the responsibility of the production representative to negotiate compensation with residents and / or businesses when they are impacted directly by the activity. 3. Cast/crew may not trespass onto private property without consent. All personnel should remain within the boundaries of the property that has been permitted for filming. 4. Residents should never be prevented from accessing their street, driveway or home as a result of film production except for brief periods when scenes are being shot. 5. Productions may not impede normal residential services such as garbage collection and street cleaning. 6. At no time may production disrupt regular mail service. 7. Move-ins, move-outs and any related noisy activities of a production company shall occur only during the following periods: 7am – 8pm by city ordinance. SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. Page 8 of 12 Application consideration date: 6-23-16 8. Late night and early morning filming between the hours outside of those in (7) will not be permitted unless permission is granted with the application based on the representative providing required documentation of notification. 9. A production company will place on the sidewalk in the area of filming, an information sign advising the public of the name of the film and noting that they may be inconvenienced while walking through the area. Notifications 1. Productions that require completed notification and/ or signature documentation are strongly encouraged to begin notifying residents and / or merchants at least six weeks in advance. A sample of the documentation for distribution shall be included with the application at time of submittal. Complete documentation should be provided to the Development Authority/Main Street Office no less than two (2) weeks prior to start of a production with more than five (5) days of production activity major impact and seven (7) days prior to the start of a production with five (5) or less days of production activity. 2. Notification shall include: a. name of the production company b. name of the production representative with contact phone number and email address c. date(s) and time(s) the film company will be working in the area d. a summary of the activity which will impact the area e. map indicating areas for activity (including parking) f. phone number of the city’s Development Authority/Main Street Office g. phone number of the Savannah Film Commission Office. 3. Production representative is required to provide notice by all reasonable means available, including, but not limited to, by cellular phone, other telephonic means, e-mail, fax, hand-delivery, mail and any other traceable delivery service (e.g. FedEx, UPS, courier service or certified mail). Federal law prohibits distribution in mailboxes. 4. A map created by the production company should be included with the original notification letter upon delivery of the application to the Development Authority/Main Street Office. This map should clearly identify distribution streets by name & block (i.e. 700 block), and indicate all addresses receiving notification. 5. In the instance of a failure to successfully deliver notification letters, the representative must document to the Development Authority/Main Street Office as to the number of attempts at making contact and provide documented attempts using recognized methods (certified mail, etc.). 6. Production must inform all affected properties of any schedule changes made after distribution of original notification letters. At all times the Development Authority/Main Street Office reserves the right to require proof of notification as a condition of the permit. 7. No two productions are the same, and the city may require production company to meet additional requirements depending on the nature and scope of activity. Signage 1. Each vehicle belonging to the production company shall display proper identification on the dashboard including a contact person and telephone number. 2. Signage to direct cast/crew or any other production elements is permitted only by specific production company’s permitted use and must be removed immediately upon completion of permitted activity. An invoice for costs incurred by the city for any removal of left signage will be forwarded to the representative and must be satisfied before issuance of any further permits. 3. When filming occurs in a commercial area with limited passage on the right-of-way, the production company must provide proper wayfinding signage indicating businesses are open and provide an alternate route that will not negatively impact business activity. 4. When filming occurs where pedestrians who are not associated with the production will be present, the production company must provide proper wayfinding signage and off-duty officers shall be stationed throughout the set in order to direct pedestrians politely and safely through or around set. SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. Page 9 of 12 Application consideration date: 6-23-16 5. Signs utilized for the direction of cast/crew must be identified by location in advance and removed immediately upon completion of permitted use. Production company may be subject to fines for signage that is not removed promptly after production. Anti-Litter 1. If catering is done at a location, a method must be established for the removal of used cooking oils, gray water or any other solvents from the activity site. Production company will incur costs imposed by the city, county, and state if any solvents are left or discarded at the activity site. 2. Release of helium balloons and/or Chinese lanterns is prohibited on Tybee Island. It is very harmful to wildlife and is a violation of the city’s littering ordinance. 3. All smoking refuse must be properly disposed of in marked ‘butt-cans’ or other specifically designated receptacles. 4. All debris in Vendor set up area must be contained at all times. The production company will be charged an hourly rate and dumping fee determined by the city if any debris is left and disposed of by the Public Works Department. Amusement Rides 1. Separate from the insurance required by the City of Tybee Island, proof of insurance from the company providing amusement rides in conjunction with the production activity is required two weeks prior to use. Financial 1. The representative shall be financially responsible for any cleaning, replacement and repair to municipal property or its accompanying articles after completion of activity. 2. The representative shall be financially responsible for extra personnel hours incurred by the city as a result of the aforementioned. 3. A deposit of 50% shall be made upon receipt of all invoices. Miscellaneous 1. No media production activity which involves the use of explosives, pyrotechnics, fire, smoke-making machines or other special effects may be undertaken unless specifically approved in accordance with City Code 12.1 and the Department of Natural Resources. 2. Production company shall make every effort to maintain minimal noise levels at all times. In the performance of the filming activity, vehicle engines and generators shall be turned off as soon as possible, crew shall refrain from unnecessary shouting and production radio volumes shall be conducive to effecting communication without being obtrusive to the surrounding neighborhood. If complaints of excessive noise levels occur, a representative of the production company shall attempt to identify, correct and/or modify the noise source. Failure to do so shall result in immediate relocation of activity as appropriate. 3. When blockage of pedestrian right of way is anticipated, productions must submit a site plan with the application for approval. 4. ADA compliant crossovers must be used to safely cover all cables placed on streets and sidewalks. 5. The City of Tybee Island, Georgia should be included as a production location in the credits of all productions. 6. The official logo of The City of Tybee Island should be used in the credits of all productions. The logo may be obtained from the City of Tybee Island’s Information Technology Department. 7. A note referencing special permissions were granted by the City of Tybee Island and / or Department of Natural Resources must be included in the credits to ensure the public is aware that specific activities (i.e. nongovernmental vehicles on the beach, open flames on the beach, etc.) are not permissible without prior authorization. Wording shall be agreed to upon completion of activity. SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. Page 10 of 12 Application consideration date: 6-23-16 Community Assistance Tybee Island is proud of its community’s spirit of giving and collaboration. We invite production companies who film on Tybee Island to contribute to the community’s non-profit organizations as appropriate. We appreciate any efforts you make to assist our community in better understanding the production process. The Development Authority /Main Street Office can assist in facilitating appointments for members of your cast or crew to talk to students at our local school and meet with members of our community. The City of Tybee Island makes every effort to improve quality of life for our residents, merchants. Productions are encouraged to consider assisting in civic initiatives. If a production is capable of making lasting contributions to the community, the city would be happy to help facilitate these efforts. Enforcement 1. A commercial film production permit may be revoked immediately by the City Manager when activities are believed to be endangering the public health, safety, welfare, and / or damaging property. 2. A commercial film production permit may be revoked within 24-hours of written notice from the City Manager noting a violation of activity not permitted. 3. A violation of the Production Guidelines shall be considered a violation of the city code, enforceable as provided herein. Persons engaged in a production without approval, or otherwise in violation of the guidelines herein, shall be subject to enforcement by city police or Code Enforcement Officers, through the issuance of immediate cease and desist orders. Each violation shall constitute a separate offense for which a separate fine shall be imposed as follows: a. For the first offense within a 12 month period a fine of $500; b. For the second offense within a 12 month period a fine of $750; c. For the third offense within a 12 month period and subsequent offenses a fine of $1,000. Each violation shall constitute a separate offense for which a separate fine shall be imposed. 4. The production company will be restricted from receiving a production permit for a six (6) month period of time when previous violations have occurred. 5. If there are repeat offenses by a production company and / or their representative, the City Manager may decline to review future production permits to such person or entity for one year, or such other period as the City Manager deems appropriate. Moratoria 1. The City Manager or her / his designee has sole discretion to place a temporary moratorium on locations and neighborhoods that have experienced ‘burn-out’ as a result of previous high volume or large impact production activity based on the following criteria: a. History of Code violations; b. Past history of the production company and/ or the production representative; c. Duration of the subject production; d. Infrastructure and quality of life impacts (e.g. traffic interruptions); e. Other impacts to adjacent property owners, including exceptional filming activities (e.g., fire effects, explosions, car crashes, aerial filming, etc.);and Revisions The Mayor and City Council may adopt revisions to the Commercial Film Production Application document. The City Manager may authorize amendments to the guidelines proposed by the administration, and shall present such amendments to the Mayor and City Council for approval. SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. Page 11 of 12 Application consideration date: 6-23-16 Indemnification / Insurance 1. The representative must sign this Agreement at time of submitting application, which provides for certain indemnification and other legal requirements. Prior to the issuance of the production permit, the company shall maintain, at its sole expense, public liability insurance covering all production activity taking place on / off city properties and resultant use thereof, naming the City of Tybee Island as an additional insured, in the amount of $1 million. The Certificate of Insurance is required to be provided prior to the production beginning. Failure to provide insurance will result in the cancellation of production activity. 2. The company is responsible for obtaining necessary insurance as deemed appropriate by the property owner when private property is being utilized. 3. The production representative shall deliver to the Development Authority / Main Street Office a certificate or certificates of insurance, as specified above, evidencing the existence of public liability insurance in the minimum amounts described above. Each certificate shall provide that the city receive not less than thirty (30) days written notice of cancellation prior to such cancellation. In the event that such insurance is cancelled, expired or terminated, the representative shall be required to obtain insurance immediately and furnish proof to the Development Authority / Main Street Office. If such valid insurance is not obtained within twenty-four (24) hours after cancellation or termination, the permit shall be revoked for the production and all associated activity shall cease. The production representative shall be responsible for submitting all certificates or insurance of its contractors and subcontractors. ACCEPTANCE AND AGREEMENT I, as the representative of the commercial production company, do hereby agree to indemnify and hold harmless the City of Tybee Island, Georgia, its elected officials, officers, agents, employees and contractors from and against any and all loss, damage, claim, demand, liability or expense by reason of any damage or injury to property or person which may be claimed to have arisen as a result of or in connection with all production activity of the production representative, directors, officers, agents, servants, contractors, and subcontractors, including the occupancy or use of listed activity locations during the time period of said production. Such obligation to indemnify and hold harmless shall continue notwithstanding any negligence or comparative negligence on the part of the city relating to such loss or damage, except for loss or damage arising from the sole negligence or willful misconduct or gross negligence of the city, and shall include all costs, expenses and liabilities incurred by the city in connection with any such claim, suit, action or cause of action, including the investigation thereof and the defense of any action or proceeding brought thereon and any other judgment or decree which may be entered in any such action or proceeding or as a result thereof. These provisions shall survive the expiration or earlier termination of the use of premises. Nothing in this Agreement shall be construed to affect in any way the city’s rights, privileges, and immunities as set forth in Georgia Statutes and/or the Constitution of the State of Georgia. By providing my signature directly below, I agree to the above information and agree to comply with the information and guidelines specified in this document to ensure that public health and safety is not compromised during production activity, shall such be granted. In addition, I consent to the jurisdiction of the United States District Court for the Southern District of Georgia, the State and Superior Courts for Chatham County, the Municipal Court of the City of Tybee Island, and I agree that all disputes shall be resolved in one of these courts, and waive any objections to jurisdiction and venue. Production Representative’s Signature: Date: Production Producer’s Signature: Date: SECTION 5: INFORMATION & PRODUCTION GUIDELINES CON’T. SECTION 6: ACCEPTANCE AND AGREEMENT Page 12 of 12 Application consideration date: 6-23-16 INTERNAL USE BELOW. Staff signatures for city departments listed below indicate the Commercial Film Production Application has been reviewed and department needs are accepted as requested. All signatures are required prior to application being submitted for City Council consideration. DEPARTMENT SIGNATURE DATE City Manager Community Development Finance Fire Parking Police Public Works Water & Sewer COMMENTS: ADMINISTRATIVE APPROVAL (as applicable): City Manager: Date: Development Authority / Main Street Executive Director: Date: APPLICATION REVIEW VERIFICATION DATE RECEIVED REVIEW DATE WITH DEV’L AUTH/MS OFFICE REP. REVIEW DATE WITH CITY DEPARTMENTS FOLLOW UP REVIEW MEETING(S) WITH REPRESENTATIVE ANTICIPATED CITY COUNCIL CONSIDERATION DETERMINATION: APPROVAL / DENIAL