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HomeMy WebLinkAboutContract 59776CSC No. 59776 FUTURE s t u d i o s LOCATION AGREEMENT IF COMPLETING BY HAND PLEASE PRINT NAMES. ONLY ONE PERSON PER FORM. Name of Location Fort Worth Police Department ("Location") Address of Location 3900 Barnett Street, Fort Worth, Texas 76103 1000 Calvert Street, Fort Worth, Texas 76107 Owner/Occupier Name City of Fort Worth (the "City") Owner/Occupier Address and 817-392-4222 Telephone Number: "Commissioner" Discovery Communications, LLC "Real Time Crime" 8 x 60 is a true crime series for Discovery ID that gives unprecedented access inside the complex web of surveillance networks built with the intent of keeping America safe. Ground breaking surveillance technology is bringing police Working Project Title & Description and communities together to crack robberies, kidnappings, ("Project") homicides, and more. We will use existing CCTV footage and film sit down interviews with law enforcement officers, owners of private CCTV networks whose footage contributed to prosecuting criminals as well as friends and family of the victims and witnesses to the crimes committed on camera. Dates of Filming July 17, 2023 —July 28, 2023 ("Filming Period") "Effective Date" of the Agreement July 17, 2023 IT IS AGREED AS FOLLOWS: In consideration of the payment of £1 by Future Studios, a division of Future Publishing Limited, registered in England and Wales with company number 2008885, whose registered office is at Quay House, The Ambury, Bath, BA1 1UA ("Company") to the Location (receipt and sufficiency of which is hereby acknowledged) the City hereby grants to the Company the right to enter the Location during the Filming Period and to film, photograph and record all or any part of the interior, exterior and/or contents of the Location (and including any identifying logos and insignia for the Location) for the Project and for such purposes to bring onto the Location such persons and equipment as the Company may deem appropriate. Definitions: "Project" referred to in this Agreement shall include all re-edited, compilation and reversioned versions of the same and all follow ups, further episodes/series and related spin off projects. The City represents and warrants that the City is either the owner, lessee, manager or supervisor of the Location, or acting with authorisation of the owner of the Location, with legal authority to sign this agreement OFFICIAL RECORD CITY SECRETARY Future Publishing Limited, a company registered in England and Wales (company number 2008885) whose registered office is at Quay FT. WORTH, TX House, The Ambury, Bath, BA1 1 UA, Tel: +441225 442244 Fax: +44 1225 788183 v. Nov 2021 Page 1 FUTURE s t u d i o s and grant the Company the necessary rights and permissions described in this agreement, and that no other authorisation or consent is required or any payments required to be made to any other person or entity. The City hereby grants and shall facilitate Company's access to the Real Time Crime Center ("RTCC"), generally, including access to the RTCC premises and/or locations owned and/or controlled by the City, as may be reasonably necessary, so that Company may film and record for the Project during the Term of the Agreement. Furthermore, the City grants Company access to the RTCC necessary for the Project during the Term and any extensions thereof. The City shall authorize Company Personnel to allow video and audio recorded during production in all circumstances and locations, as permitted by law, related to the Project as Company may reasonably require to capture and document the RTCC and its Personnel in the context of the Project. For the City's security purposes, Company shall provide the City with identifying information regarding each member of the field productions crew as requested by the City. Company shall be escorted by a City employee at all times while on RTCC premises. The City employee escorting Company must be authorized to access Criminal Justice Information Services ("CJIS") protected data. The parties acknowledge and understand that the RTCC contains one or more areas where CJIS protected data is viewed, modified, and used. Furthermore, the parties acknowledge that Federal and State law set forth the access requirements for CJIS protected data. The parties agree to comply with all Federal and State law requirements regarding access to CJIS protected data. Company, and Company personnel, shall sign in and out at the front desk of the RTCC upon entry. Company personnel shall carry valid photo ID while on City property and the RTCC. Notwithstanding the above, the City, including the Fort Worth Police Department, in its sole discretion, shall have the full authority to limit Company's access to City and RTCC personnel, facilities, and other locations or premises owned and/or controlled by the City as necessary to comply with applicable law, regulations, and for the safety of Company and the City and its employees. Should a dispute arise as to Company's requested access and the City's desire to prevent access, the City shall have full authority to finally determine the dispute. The City agrees that the Company may edit, use (or not use) the film, photographs and recordings made at the Location (collectively the "Recorded Materials") both in the Project, or otherwise, in the Company's sole discretion, and that the copyright and all other rights in the Recorded Materials and the Project shall vest in the Company. The City agrees that the Project and/or the Recorded Materials (or any part of them) may be exhibited and exploited in any media (whether now known or yet to be invented) throughout the world without time limit and without payment or obligation to the City or the Fort Worth Police Department. The City acknowledges that the Company will send to the Assistant City Manager ("ACM"), at 'rough cut stage' prior to the first anticipated transmission of the Project, the proposed edited elements of the Project in which the Location appears (collectively the "Review Materials"). The ACM shall review the Review Materials solely for factual inaccuracies and provide one set of collated comments (if any) to the Company within five business days of the Review Materials being provided to the City/ACM. The Company shall give meaningful consideration to such comments, and shall rectify any factual inaccuracies (if suitably evidenced) prior to 'picture locking' the Project in advance of its first anticipated transmission. The City hereby acknowledges that editorial control over the Project remains at all times with the Company. For the avoidance of doubt, once Review Materials have been reviewed as per the terms of this paragraph, no subsequent review will be required under the terms of this Agreement. This Agreement shall commence upon the Effective Date mentioned above and shall expire no later than one year from the Effective Date ("Expiration Date"), unless terminated earlier in accordance with the provisions of this Agreement or otherwise extended by the parties (the "Term"). Either City or Company may terminate the Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. In the event that the Agreement is terminated prior to the Future Publishing Limited, a company registered in England and Wales (company number 2008885) whose registered office is at Quay House, The Ambury, Bath, BA1 1 UA, Tel: +441225 442244 Fax: +44 1225 788183 v. Nov 2021 Page 2 FUTURE s t u d i o s Expiration Date, and in the event Company has received access to City information or data during the Filming Period, Company shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. The Company shall be under no obligation to make use of the Recorded Materials in any media. Any failure by the Company to exploit the Recorded Materials shall not give rise to any claim whatsoever by the City, the Fort Worth Police Department, and/or any associated persons or entities, including particularly, but not by way of limitation, any claim for loss of publicity or reputation or loss of opportunity to enhance reputation. The City acknowledges and agrees that the Company may use the real name or identity of the Location in the Project and in any advertising and promotion of the Project or may use a fictitious name or may choose not to name the Location, in its sole discretion. The City hereby warrants and agrees that the Property is and shall be safe and suitable for all purposes intended under this agreement. The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self -Insurance by Governmental Units," is self -insured and therefore is not required to purchase insurance. City will provide a letter of self -insured status on execution of this Agreement. Company shall verify the identity and employment eligibility of its employees who perform work under the Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Company shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under the Agreement. Company shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Company employee who is not legally eligible to perform such services. COMPANY SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY COMPANY, COMPANY'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Company, shall have the right to immediately terminate the Agreement for violations of this provision by Company. City shall be liable and responsible for any and all property loss, property damage and/or personal injury, including death, to any and all persons, of any kind or character, whether real or asserted, to the extent caused by the negligent act(s) or omission(s), malfeasance or intentional misconduct of the City, its officers, agents, servants or employees. Company shall be liable and responsible for any and all property loss, property damage and/or personal injury, including death, to any and all persons, of any kind or character, whether real or asserted, to the extent caused by the negligent act(s) or omission(s), malfeasance or intentional misconduct of Company, its officers, agents, servants or employees. Company agrees that City shall, until the expiration of three (3) years after final payment, if any, under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Company involving transactions relating to the Agreement. Company agrees that City shall have access during normal working hours to all necessary Company facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Company reasonable advance notice of intended audits. Future Publishing Limited, a company registered in England and Wales (company number 2008885) whose registered office is at Quay House, The Ambury, Bath, BA1 1 UA, Tel: +441225 442244 Fax: +44 1225 788183 v. Nov 2021 Page 3 FUTURE s t u d i o s By signing this Agreement, the City acknowledges that the Company will collect and process 'personal information' about City personnel relevant to the Material and this Agreement in accordance with the privacy notice which can be found at www.futureplc.com/contributor-iorivacv-notice/. The City agrees not to issue any press releases or other public statements, including but not limited to, speaking to the press about the Project and/or the Recorded Materials without the Company's prior written permission. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Company. It will be the responsibility of Company to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. The Company may immediately (unless subject to another time period as specified by the Commissioner) assign or license the benefit of this agreement in whole or in part to the Commissioner. Nothing herein constitutes a waiver of City's sovereign immunity. This agreement shall be governed by and construed in accordance with the laws of the State of Texas and the parties submit to the exclusive jurisdiction of the applicable courts of Tarrant County, Texas. City and Company shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, pandemics or epidemics, material or labor restrictions by any governmental authority, transportation problems, and/or any other similar causes. Future Publishing Limited, a company registered in England and Wales (company number 2008885) whose registered office is at Quay House, The Ambury, Bath, BA1 1 UA, Tel: +441225 442244 Fax: +44 1225 788183 v. Nov 2021 Page 4 FUTURE s t u d i o s [Executed effective as of the date signed by the Assistant City Manager below.] / [ACCEPTED AND AGREED:] City: By: Name: Fernando Costa Title: Assistant City Manager Date: J U l 18, 2023 Future Studios: By: Name: Cameron Fleming Title: Story Producer Date: 07/18/2023 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: RobertAllene Jr. (Jul 18, 202311:14 CDT) Name: Robert A. Alldredge Jr. Title: Executive Assistant Chief Approved as to Form and Legality By. � e� Name: Taylor C. Paris Title: Assistant City Attorney Contract Authorization: M&C: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: a i Leaa�+ne (21AM Name: Loraine Coleman Title: Administrative Services Manager City Secretary: f,ot °Il Opa 8C �e Pa F°� = a By: Name: Jannette S. Goodall Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Future Publishing Limited, a company registered in England and Wales (company number 2008885) whose registered office is at Quay House, The Ambury, Bath, BA1 1 UA, Tel: +441225 442244 Fax: +44 1225 788183 v. Nov 2021 Page 5