Guidelines for Filming in Bertram

I. PURPOSE:

The guidelines contained in this document are intended to create a program for promoting economic development activity within the City of Bertram, Texas a Type A General Law municipal subdivision ("City") and in the City vicinity. The following guidelines are intended to protect the personal and property rights of our residents and businesses and to promote the public health, safety and welfare. The City Council reserves the right to impose additional regulations in the interest of public health, safety and welfare if deemed necessary.

These guidelines cover requests for commercial use of City-owned property (including but not limited to streets, rights of ways, and public building), commercial use of private property which may affect adjacent public or private property, and the use of City equipment and personnel in the filming of feature films, television programs, commercials, music videos, training films and related activities.

II. CITY CONTROL/AUTHORITY:

The City Council may authorize the use of any street, right of way, or public building, equipment or personnel for commercial uses in the filming or taping of movies, television programs, commercials, or training films and related activities. In conjunction with these uses, the City Council may require that any or all of the conditions as specified on the application be met as a prerequisite to any use.

The applicant (Applicant listed on the Application for Commercial Filming) agrees that the City of Bertram shall have exclusive authority to grant the Application as well as authority to regulate the hours of filming production and the location of the production and full control over the use of public streets and buildings of the City while being used by the

applicant. The City reserves the full and absolute right to prohibit all filming or to order cessation of filming in order to promote the public health, safety or welfare.

The applicant shall agree to allow the City departments (ie: Police, Public Works, Building Department) to inspect all structures and/or devices and equipment to be used in connection with the filming and taping if required by the City Council.

III. PERMIT REQUIREMENTS:

Before filing an application for filming must contact the Office of the City Mayor to discuss the production's specific filming requirements and the feasibility of filming.

Any person or entity filming in the City of Bertram must properly complete and return the Application to the Office of the City Mayor, for

*Commercials or episodic television a minimum of two (2) business days prior to the commencement of filming or

any substantial activity related to the project.

*Feature Film a minimum of five (5) five business days prior to the commencement of filming or any

substantial activity related to the project.

IV. USE OF CITY EQUIPMENT AND PERSONNEL:

The City Mayor shall have the authority to require police or fire personnel or equipment if it is determined to be

in the best interest for public safety or in the best interest of public health and welfare.

V. USE OF CITY PROPERTY:

The City Council may authorize the use of any street, right-of-way, public building, name, trademark or logo, equipment or personnel for commercial uses in the filming or taping of movies, televisions programs, commercials, or training films and related activities. In conjunction with these uses, the City Mayor may require that any or all of the conditions and/ or remuneration as specified on the application be met as a prerequisite to that use. A security or damage deposit may be required by the City mayor based on production activity.

The applicant agrees that the City of Bertram shall have full control over the use of the name, trademark and logo, public streets and buildings of the City while being used, as well as control over the hours of production the general location of the production. The City reserves the full and absolute right to prohibit all filming or to order cessation of filming if determined to be hazardous to the public health, safety or welfare.

VI. EQUIPMENT AND VEHICLES:

The applicant shall provide a full and complete list of the number of vehicles and types 0f equipment to be used during the filming including their proposed hours of use and their proposed parking locations. All parking locations must be approved by the City Mayor. The use of exterior lighting, power generators, or any other noise or light producing equipment requires on-site approval of the City Mayor.

VII. HOURS OF FILMING:

Unless permission has been obtained from the City Mayor in advance and affected property owners are notified, filming will be limited to 7:00am until 9:00 pm on any day unless prior authorization to film at times other than &:00 am until 9:00 pm is approved by the City Mayor.

VIII. NOTIFICATION OF NEIGHBORS:

Prior to submitting the application the applicant shall provide a short written description of the schedule, approved

by the City Mayor, for the proposed production to the owners and residents of each property in the affected neighborhood (as defined by boundaries set by the Mayor and City Council). The applicant, or his designee, shall talk with owners and residents of all such property and submit as part of the application a report noting any owner or resident's reaction along with the address and phone numbers of all such property owners and residents and their signatures.

IX. CERTIFICATE OF INSURANCE:

The producer shall attach a certificate of insurance, issued by a company authorized to conduct business in the state of Texas, naming the City of Bertram and its agents, officers, elected officials, employees and assigns as additional insured, in an amount not less than $1,000,000 aggregate general liability, including bodily injury or death and property damage with a $5 million umbrella insurance; and automobile liability (if applicable) in an amount not less than $1,000,000 including bodily injury and property damage.

X. DAMAGE TO PUBLIC OR PRIVATE PROPERTY:

The Applicant shall pay in full, within ten (10) days from date of an invoice, the repair costs for any and all damage to public or private property, resulting from or in connection with, the filming, and restore the property to its original or better condition existing prior to the filming.

XI. HOLD HARMLESS AGREEMENT:

The Applicant shall sign the following Hold Harmless Agreement holding the City harmless from any claim, damage or cause of action arising against the City now or in the future, known or unknown, resulting from the filming.

I certify that I represent the firm which will be performing the filming/taping at the locations specified on the attached permit application. I further certify that I and my firm will perform in accordance with the directions and specifications of The City of Bertram, and that I and my firm will indemnify and hold harmless The City of Bertram for and from any loss, damage, expense, claims and costs of every nature and kind arising out of or in connection with the filming/taping pursuant to this permit.

NAME: __________________________________________________________________________

SIGNATURE: ______________________________________________________________________

TITLE: ___________________________________________________________________________

DATE: ___________________________________________________________________________

APPLICATION RECEIVED:

APPROVED BY:

NAME:

SIGNATURE:

DATE APPLICATION PRESENTED TO CITY COUNCIL:

REASON FOR DENIAL:

APPLICATION FOR COMMERCIAL FILMING

NAME OF APPLICANT: _________________________________________________________________

TITLE OF FILM: ______________________________________________________________________

TYPE OF PRODUCTION: (CHECK APPLICABLE)

COMMERCIAL FILM ______________

FEATURE FILM ___________________

TELEVISION FILM _________________

PUBLIC SERVICE FILM ______________

OTHER __________________________

LOCATION OF FILMING: ________________________________________________________________

DATE (S) OF FILMING: __________________________________________________________________

PRODUCTION OFFICE:

NAME: ______________________________________________________________________________

ADDRESS: ___________________________________________________________________________

CITY: ___________________________ STATE: ________________________ ZIP: __________________

PHONE: ____________________________________ FAX: ____________________________________

PRODUCER:

NAME: ______________________________________________________________________________

ADDRESS: ____________________________________________________________________________

CITY: ___________________________ STATE: ________________________ ZIP: __________________

PHONE: _____________________________________ FAX: ____________________________________

TEXAS FILM COMMISSION REPRESENTATIVE:

NAME: ______________________________________________________________________________

PHONE: _____________________________________ FAX: ___________________________________

PRODUCTION (ATTACH ADDITIONAL INFORMATION IF NECESSARY.)

Production schedule and activities to include stunts, pyrotechnics, special effects, aerial photography, amplified sound or use of animals: (Give dates and times and rain dates) Hours should include sit up, holding of sets and restoration.)