HomeMy WebLinkAbout24976AGREEMENT INFORMATION
AGREEMENT NUMBER
24976
NAME/TYPE OF AGREEMENT
NETFLIX PRODUCTIONS LLC
DESCRIPTION
RELEASE, HOLD HARMLESS & INDEMNIFICATION
AGREEMENT/FILM THE NEXT SERIES PULSE S1 AT VIRGINIA
KEY NORTH POINT PARK BEACH & MAIN LOT/MATTER ID: 23-
2625
EFFECTIVE DATE
May 9, 2024
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
5/14/2024
DATE RECEIVED FROM ISSUING
DEPT.
5/14/2024
NOTE
DOCUSIGN AGREEMENT BY EMAIL
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT:
DEPT. CONTACT PERSON:
NAME OF OTHER CONTRACTUAL PARTY/ENTITY:
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES 21 NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES E NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY)
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
Other: Hold Harmless Agreement
PURPOSE OF ITEM (BRIEF SUMMARY): Hold Harmless Agreement City of Miami Helicopter Landing for
Netflix Film Permit at Virginia Key Beach Park on May 16, 2024.
COMMISSION APPROVAL DATE: / / FILE ID:
ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
PRINT: Joel Gonzalez
SIGNATURE: QBJ agl
SUBMITTED TO RISK MANAGEMENT
PRINT: ANN- /ARIE PE
SIGNATURE:
#23-2625
SUBMITTED TO CITY ATTORNEY
PRINT: GEORGE K. 'WYSONG III
G ICl/V /1/
SIGNATURE:
APPROVAL BY ASSISTANT CITY MANAGER
PRINT:
SIGNATURE:
RECEIVED BY CITY MANAGER
PRINT: ART NORIEGA
,-DocuSigned by:
SIGNATURE: MLA)/ 14t'y'
`
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
Otr esizoaa2A-
1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT
THIS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT
("Agreement"), is made and entered into this 9th day of May , 20 24 , by
1 Nettlix Productions, LLC ("Applicant") to the City of Miami, Florida, a municipal
corporation of the State of Florida, in the County of Miami -Dade ("City"); and
WHEREAS, the Applicant applied to the City, or requested from the City, various
approvals and permits to Film the Nethix series PULSE Si located at approximately Virginia Key
North Point Park Beach & Main Lot ("Event"), including but not necessarily limited to closure of
rights) -of -way and approval to use property for staging purposes ("Permit(s)"); and
NOW, THEREFORE, for valuable consideration of the City issuing approvals and permits
related to such Permit(s), and in further consideration of these premises, the Applicant agrees as
follows:
1. The Applicant acknowledges that the foregoing recitals are true and correct and are
incorporated herein by reference as if fully set forth in this Section.
2. In addition to any release and indemnity required by the Permit(s) and the Code of
the City of Miami, Florida, as amended, including but not limited to Section 59-3, the Applicant
for themselves, their heirs, grantees, personal representatives, successors, assigns, agents,
employees, and contractors, expressly and unequivocally agrees to release, waive, forever
discharge, covenant not to sue, defend, indemnify, and hold harmless the City, and its officers,
officials, directors, employees, personnel, volunteers, agents, assigns, successors, representatives,
attorneys, contractors, and all other persons, entities, organizations, instrumentalities, and
corporations affiliated therewith of and from any and all assertions, claims, demands, suits, causes
of action or claims of any nature (including by way of illustration and not limitation, actions related
to property damage, loss, injury, loss of life), all damages, losses, liabilities, damage and/or loss
to any property, expenses, costs (including, without limitation, court costs and attorney's fees, at
all levels of proceedings [administrative, trial, and appellate levels] for any and all defense,
investigation, or processing thereof whatsoever), judgments, orders, decrees, and settlements in
any way based on, arising from, relating to, incidental to, or in connection with, directly or
indirectly, in whole or in part, any one or more of the Permits(s), City's approval(s), and/or the
performance or non-performance of the Event as described above and herein. The Applicant
further agrees to release, indemnify, defend, and hold harmless the City, its instrumentalities,
officials, employees, and agents against all liabilities which may be asserted by an employee or
former employee of the Applicant, or any of its contractors as provided above, for which the
Applicant's liability to such employee or former employee would otherwise be limited to payments
under workers' compensation or similar laws.
3. The Applicant shall be solely responsible for all its activities and for the installation
and maintenance of traffic -control devices, if applicable. The Applicant shall ensure that adequate
safety precautions are in effect at all times for the Event during the term of the Permit(s). It shalt
be a further condition precedent to the issuance of any such Permits) for work to be performed in
the public right-of-way that the Permit(s) holder(s) is/are jointly and severally responsible, at each
Meld
Per of s
permit holder's sole expense, for any damages regarding restoring the public right-of-way to its
original condition before installation of facilities. The indemnification shall survive termination of
this Permit(s)/this Agreement, In addition, the Applicant understands and agrees that the City shall
not be liable for any Toss, injury, or damage to any personal property or equipment of the Applicant,
its employees, agents, contractors, business licensees, or invitees placed on City property and iu
instrumentalities and shall be at the risk of the Applicant thereof.
4. Prior to the issuance of any Peimit(s), the Applicant shall submit to the City a
certificate of insurance for each applicant in an amount not less than S1,000,000.00 per occurrence,
$2,000,000.00 aggregate, and any endorsements thereto, including, but not limited to, premises
and operations liability, contingent and contractual exposures, XCU hazards, personal and
advertising injury, and products and completed operations In addition, the applicant hereby agrees
to provide additional insurance requirements as required by the city, including but not limited to
umbrella liability, or any additional requirements or endorsements as may be applicable, in
connection with the scope of services contemplated by the permit/agreement. The certificate must
reflect primary and noncontributory language and list the city as an additional insured. The
certificate must also include coverage for all owned, hired, and non -owned vehicles with a
combined single limit of $500,000.00 per accident, also listing the city as an additional insured,
and must further afford coverage for worker's compensation including waiver of subrogation
subject to the statutory limits of the State of Florida. The insurance herein required shall remain in
full force and effect during the entire term of the permit. Additionally, the Applicant shall be
subject to annual review by the City's risk management department and the Applicant shall be
required to update as necessary to protect the City as set forth in this section. All insurance policies
shall be issued by companies authorized to do business under the taws of the State of Florida with
the following qualifications. The company must be rated no less than "A-" as to management and
no less than Class "V' as to financial strength by the latest edition of Best's Insurance Guide
published by A.M Best Company, Oldwick, New Jersey, or its equivalent subject to the approval
of the city's department of risk management. Companies not meeting the above rating requirements
shall submit proof of reinsurance from qualifying insurers having or exceeding the required rating
criteria. Certificates of insurance shall contain 30 days as to changes or modifications with notice
to the certificate holder. In addition, the Applicant responsible for the helicopter operations shall
have aviation liability with limits of no less than $10,000,000 per occurrence and policy aggregate.
The City of Miami shall be listed as an additional insured with respect to this coverage on a primary
and non-contributory basis.
5. The Applicant acknowledges that they are proceeding at their own risk
b. The Applicant acknowledges and agrees that nothing in this Agreement shall
prejudice the City's right to impose conditions necessary to protect the public health, safety, and
welfare.
7. Invalidation of any of provisions of this Agreement by judgment of a court shall not
affect any of the other provisions, which shall remain in full force and effect.
8. The undersigned confirms that they are the Applicant (or the authorized
representative(s) of the Applicant), are authorized to enter this Agreement, and have authority to
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bind the Applicant As applicable, the most recent Sunbiz and/or a duty adopted Resolution from
the Applicant entities is attached hereto.
9, This Agreemant may be executed in any number of counterparts, each of which so
executed shall be deemed to be an original, and Kith camterparts shall together constitute but one
and the same Agreement The parties shall be erntided to sign and transmit an electronic signature
of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall
be binding and have the same effect as original signatures.
[Signature pages follow)
This space urtentio a1Iy kit blank
IN WITNESS WHEREOF, the Applicants) have caused these presents to be executed
and signed in its name by its proper offices on the day set forth above.
Signed, Sealed and Delivered
Nedlix Productions, LLC
(None of Applicant)
Leah Sokolow*ky
(Name of Person Authorized to Sign)
Location Manager
(Title)
STATE OF 19 d4, )
SS
COUNTY OF )
The foregoing instrument was acknowledg
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Notary Public, State of
Commission No.: VIMy Commission Expires:�0�'p
CITY OF MIAMi. a municipal corporation of the
State of Florida
DocuSigned by:
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By 850CF6C372DD42A...
Arthur Noriega, V
City Manager
ATTESTED:
DocuSigned by:
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By:
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Todd B. Hannon
City Clerk
DocuSigned by:
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
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,a) aaa
K. Wys tty Attorney
RGD-#23-2625
APPROVED AS SURANCE:
Anne -Mane Sharpe, Director
Risk Management
Olivera, Rosemary
From: Ewan, Nicole
Sent: Tuesday, May 14, 2024 4:47 PM
To: Bazail, Jennifer; Olivera, Rosemary
Cc: Hannon, Todd
Subject: RE: Netflix - Hold Harmless Agreement Routing Form - 5/16/2024
Attachments: Netflix Hold Harmless - Complete_with_DocuSign_Netflix_-_HOLD_HARMLE.pdf
Importance: High
Good afternoon Jennifer,
Thanks for sending the attached document. Please include Ms. Rosemary Olivera, Records System Coordinator, in all
future emails and include the language below in your email body.
"Please find attached a fully executed copy of the above reference Hold Harmless Agreement from DocuSign that is to
be considered an original for your records."
Have a great evening!
Nicole Ewan, MPA-, CMC
Assistant City Clerk
City of Miami
Citry, Cleric's office
3500 PavvAmerican Drive
Miavui, FL 33133
Ph: (3O5) 250-5347
Fax: (305) 85g--1610
Website: www.vuiavuic[ov.covu/cityclerK
Boards § Covuvuittees: www. vuiavui jov. cove/boards
,search City Covuvuission and CRA Docuvuents (y83 to Present)
From: Bazail, Jennifer <JBazail@miamigov.com>
Sent: Tuesday, May 14, 2024 4:26 PM
To: Hannon, Todd <thannon@miamigov.com>
Cc: Ewan, Nicole <newan@miamigov.com>
Subject: Netflix - Hold Harmless Agreement Routing Form - 5/16/2024
Importance: High
Good afternoon,
Please find attached for your records.
Thankyou,
1
Jennifer Bazail
City of Miami
NDA-Office of Film and Entertainment, 2nd Floor
Office: (305)416-1337
jbazail@miamigov.com
Please apply for a Film Permit on our new website www.miamigov.com/film