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HomeMy WebLinkAboutDroneFilmVideo Permit Agreements and Requirements City of Palm Desert List of Requirements Drone / Film / Video Permit FILM PERMITS ARE REQUIRED FOR ALL ENTITIES GROUPS, AND INDIVIDUALS WHO INTEND TO FILM WITHIN THE BOUNDARIES OF THE CITY OF PALM DESERT: For the City of Palm Desert to Process your application as quickly as possible, the following criteria must be submitted at least ten (10) business days prior to the scheduled filming date: 1. Application completed in full including exact location(s), date(s), time(s), and activities. 2. If using the Civic Center Park, you must contact the Palm Desert Community Center at (760) 568-9697 to complete an application and for availability. 3. Provide proof of insurance with the City of Palm Desert named as an additional insured at a minimum of $1 million per occurrence and $2 million for general aggregate. 4. The Encroachment Permit application is required if any drone/filming/photography/video takes place on public property (i.e., sidewalks, streets, etc.) at least ten (10) business days prior to the scheduled filming event. The City’s Permit Center issues the Encroachment permit for a fee of $251.00. They can be reached at 760-776-6435 or permitcenter@palmdesert.gov 5. When filming on private property, written consent is required from the property owners, businesses and/or residents whose property will be affected by the filming activity. Complete the Permission to Use Private Property form. 6. Any special consideration that may be necessary (i.e., police, fire, street closures, etc.) may require additional processing time. 7. If traffic control is required, the applicant must contact the Sheriff’s Station at (760) 836-1600 to make arrangements and pay appropriate fees for police services. The application will be held until the Sheriff’s Department provides verification of payment or payment arrangements. 8. If Fire Department services are required, contact the Fire Marshall at (760) 346 -1870. The application will be held until the Fire Department provides verification of payment or payment arrangements. CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Tel. (760) 346-0611 x 477 City of Palm Desert Insurance Requirements Drone / Film / Video Permit Insurance Requirements: PHOTOGRAPHY / FILMING / VIDEO • Certificate of Insurance and Endorsement with the City of Palm Desert listed as certificate holder. o “The City of Palm Desert and its officers, officials, employees, and agents shall be included as additional insured.” • The city should be included on the Additional Insured – Owners, Lessees or Contractors – Scheduled Person or Organization form. o “The City of Palm Desert and its officers, officials, employees, and agents shall be included as additional insured.” o Minimum amount of $1 million per occurrence / $2 million general aggregate. The City of Palm Desert and its officers, officials, employees, and agents shall be included as additional insured. o Events with higher risk levels require additional insurance coverage through higher limits, such as $5 million per occurrence for pyrotechnic activities. • Plan of Activities with a map showing the flight area o Include Time, Date and Location Insurance Requirements: DRONE • Certificate of Insurance with the City of Palm Desert listed as certificate holder. o “The City of Palm Desert and its officers, officials, employees, and agents shall be included as additional insured.” o Make sure the expiration dates are current. o UAS Liability Insurance in the minimum amount of $1 million per occurrence / $2 million general aggregate. The City of Palm Desert and its officers, officials, employees, and agents shall be included as additional insured. • Evidence of unmanned aircraft (drone) liability coverage for $2 million for the period the drone will be operated within city limits. • Endorsements or other evidence that the City is additional insured on the General Liability and unmanned aircraft liability policies. • Copy of FAA Drone Pilot License for each pilot on location. • Copy of FAA Drone Registration card for each drone on location. • Plan of Activities with a map showing the flight area o Include Time, Date, and Location Updated July 26, 2023 CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Tel. (760) 346-0611 x 477 City of Palm Desert Fees Drone / Film / Video Permit Permit No. Production /Project Title: Company: Phone No.: Address: Contact Person: Production Dates: Still Photography Drone/Film/Video Production Application Fee: $50.00 Application Fee: $100.00 Location Fee: Location Fee: ( days X $10.00 a day) ( days X $25.00 a day) or or 7 days/$50.00 7 days/$125.00 Total Due: Total Due: CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Tel. (760) 346-0611 x 477 HOLD HARMLESS AGREEMENT AND AGREEMENT TO PROVIDE INSURANCE COVERAGE The parties to this Agreement made this day of ,2023, are: 1) CITY OF PALM DESERT (hereinafter referred to as (CITY), and 2) (Name of Permit Applicant(s) (hereinafter referred to as APPLICANT(S). WHEREAS, APPLICANT(S) proposes to perform professional filming, photographic or video graphic activities in the CITY OF PALM DESERT more particularly described as: ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ At the following address or general location(s) within the city:__________________________________________________________ ______________________________________________________________ ______________________________________________________________ ___________________________________________________________ WHEREAS APPLICANT(S) proposes to apply to CITY for certain permits or licenses and approval as necessary to perform the permitted activity, including, but not limited to, encroachment permits, building permits, business licenses, zoning approval, as well as any other permits, licenses, and approvals: WHEREAS, CITY proposes to provide, where appropriate certain permits, licenses, and approvals: NOW, THEREFORE, the parties agree as follows: (1) CITY shall provide, if and when appropriate under municipal, state, and federal law, certain permits, licenses, and approvals as necessary to permit the APPLICANT(S) to complete the above-described project or improvement. CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Tel. (760) 346-0611 x 477 (2) APPLICANT(S) hereby covenant, agree and warrant to indemnify and hold the CITY and property of the CITY free and harmless from any and all claims, losses, damages, injuries, and liabilities arising from the death of injury of any person or persons, or from the damage or de struction of any property or properties, caused by or connected with the performance of the project by APPLICANT(S), or the agents, subcontractors or employees of APPLICANT(S). (3) APPLICANT(S) agrees, warrants, and covenants, at their own cost and expense, to procure and maintain during the construction of the project or improvement, and until all actions by the CITY have been completed (such as final inspections and/or all conditions required by said permit or license have been fully and completely complied with relating to said activity, project, or improvement), a Policy of Liability Insurance, adding the CITY OF PALM DESERT, and its officers, officials, employees and authorized agents, shall be included as additional insured by an endorsement to the policy with the following minimum requirements: $1,000,000.00 combined single limit, and $2,000,000.00 general aggregate for general liability or higher, if required by the City Risk Manager, and providing a copy of such endorsement to the CITY. Also required are Automobile Liability and Worker's Compensation and Employers’ Liability. All forms must be submitted with the application. The CITY Risk Manager may waive all or part of these requirements for insurance when the Risk Manager finds it reasonable and appropriate to do so. (4) APPLICANT(S), prior to receipt of any permits, licenses, or approval of any type whatsoever from the CITY, shall deposit with the CITY all necessary certificates satisfactory to CITY evidencing such insurance and such endorsement. (5) The parties do not intend by the Agreement to limit the CITY’s authority and discretion to refuse, where appropriate, or condition, where appropriate, the granting of any permit, license, or approval to APPLICANT(S). BY: APPLICANT(S) DATED: APPLICANT(S) BY: CITY OF PALM DESERT DATED: CITY OF PALM DESERT City of Palm Desert Permission to Use Private Property Drone / Film / Video Permit To: City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260 , (“Owner/Lessee”) is the owner/lessee of and/or controls all rights with respect to property that is the subject of this contract. (“The Property”). Owner/Lessee represents and warrants that Owner/Lessee has the right to enter into this contract. In the event to the Owner/Lessee is not the legal owner of the Property, Owner/Lessee represents and warrants that Owner/Lessee has secured from the legal owner the right an d authority to enter this contract. Address: , Palm Desert, California Street Address of Property Location Zip Code Name of Business (if applicable): I have granted permission to: Film Production Company To use my property for the purpose of: Date(s): From (time): Until (time): Furthermore, I hereby hold harmless and agree to indemnify the City of Palm Desert and its officers, officials, employees, agents, and volunteers against any claims, demands, or liability arising out of the Permittee’s conduct or activities while on, or using, my property in connection with any drone/filming/photography/video permit(s) issued by the City of Palm Desert. I certi fy under penalty of perjury that the foregoing is true and correct. Executed at: California on this day of Signed (Owner/Lessee): Email: Telephone No: CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Tel. (760) 346-0611 x 477 Declaration Regarding California Workers’ Compensation (This form will only be completed if the Permittee represents, they do not have any employees. It should be completed in lieu of providing evidence of workers comp coverage.) LEGAL OR DBA NAME: You must complete this form because you must still file a certificate regarding workers' compensation insurance with the City of Palm Desert. California law requires all employers to carry workers' compensation insurance, even if they have only one employee. If you are the sole owner and have no employees, you may not be required to carry workers' compensation insurance. It is your responsibility to comply with the law. If you do not know whether you are required to have workers' compensation insurance, find out by contacting the California Department of Industrial Relations ("DIR"). Information is also available on the DIR's website at http://www.dir.ca.gov. You should also consult with your attorney, insurance agent , broker, or carrier regarding your situation's specifics and options. If you are subject to California’s Workers’ Compensation laws, you must promptly file a certificate of Workers' Compensation Insurance with the City of Palm Desert. If you have a certificate of self-insurance from the DIR, you must file that certificate with the City of Palm Desert. When completing this form, remember that the term employee· includes clerical persons and any other persons employed by your company, including drivers. ACKNOWLEDGEMENT ___ (Initial) California Labor Code § 3700 requires employers to carry workers' compensation insurance or to obtain a certificate from the Director of Industrial Relations demonst rating that the employer is self-insured. California Labor Code § 3700.5 makes it a criminal offense for an em ployer to fail to secure compensation as required by the workers' compensation provisions of the Labor Code. Violation of Labor Code§ 3700 is punishable by a fine of up to $10,000 and/or imprisonment for up to one year. ___ (Initial) California Labor Code § 3710.1 provides that where an employer fails to provide compensation required under § 3700, the Director of the Department of Industrial Relat ions shall issue a stop order, prohibiting the employer from using employee labor until such time as the employer complies with the provisions of§ 3700. labor Code§ 3710.2 makes it a criminal offense to disregard such stop orders. ___ (Initial) I acknowledge that if the evidence is found that contradicts this declaration, the City of Palm Desert will promptly notify all relevant state agencies to ensure full insurance compliance required by the Workers' Compensation laws of California. CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Tel. (760) 346-0611 x 477 Declaration Regarding Worker’s Compensation Coverage ___ (Initial) I understand that California Labor Code § 3700 et seq. requires employers to provide workers' compensation insurance coverage for any employees of my business. I hereby warrant that this business is exempt from the California Labor Code provisions regarding workers' compensation insurance because it has no employees. ___ (Initial) I agree to hold the City of Palm Desert and its officers, officials, employees, and agents harmless for loss or liability which may arise from the failure of the business mentioned above to comply with the laws of the State of California regarding workers' compensation insurance. ___ (Initial) If I hire employees in the future, I will immediately notify the City of Palm Desert’s Risk Manager and provide a certified Workers’ Compensation certificate to the City. CERTIFICATION I (we) certify (or declare) under penalty of perjury, under the laws of the State of California, that I (we) have read and understood the above-stated requirements regarding Workers' Compensation and that I (we) am (are) in compliance. I (we) certify (or declare) that the foregoing is true and correct. Executed this day of, 202 at , California. Signature of Applicant Print Name of the Applicant Signature Owner, Officer, Director, or Partnership Revised 07/26/23