Photo by Ian Shive

Please be reminded that all Los Angeles County Beaches will be off-limits for weekend filming beginning Saturday, May 19th through Sunday, September 9th. This year the Department of Beaches and Harbors has also announced that no beach filming may take place on Friday, May 25, due to holiday conflicts.

In addition, some beach locations will be closed to filming on weekdays. Venice Beach filming is restricted at Breakwater tower and on all Avenue towers (numbers 18 through 26) on both weekends and weekdays for the same period. Zuma Beach will be closed to filming on both weekends and weekdays as well.

The L.A. County Department of Beaches and Harbors will continue to review on a caseby- case basis all requests to use beach parking lots for crew cars or base camps for off-beach filming. Should you have any questions about beach filming availability, please feel free to contact FilmL.A.’s Production Planning Department at 213.977.8600.

New York African Film Festival
The 2012 New York African Film Festival is a two-month multi-venue event in New York City exploring notions of home and homeland through films and their protagonists. A select group of features, shorts and documentaries, as well as experimental films and archival footage, will be presented alongside supplementary programs aimed at a broader exploration of the festival’s themes. To learn more, visit africanfilmny.org.

Bosnian-Herzegovinian Film Festival
This year’s Bosnian-Herzegovinian Film Festival will screen 16 short, feature and documentary films. Taking place May 3-5 at Tribeca Cinemas, the festival reflects the diversity of the Bosnian-Herzegovinian experience. Filmmaker Q&A after select screenings will help provide context. All films have English subtitles. For more information, visit bhffnyc.org.

Columbia University Film Festival
Columbia University School of the Arts Film Program and Film Society of Lincoln Center will co-present the 25th Anniversary of the Columbia University Film Festival, a week-long program of screenings, dramatic readings and special events in New York. The festival, which runs from May 4-10, will open with a celebration featuring a selection of the best student short films representing the past 25 years, presented by esteemed alumni of the program. For a complete schedule, visit cufilmfest.com.

NYC Mental Health Film Festival
The 8th Annual NYC Mental Health Film Festival brings awareness to mental health issues through positive depictions in film. This year’s theme is police-mental health community relations. The event, which takes place on May 5, includes Q&A with filmmakers, audience discussions and a free lunch. To learn more, visit nycmentalhealthfilmfestival.com.

New York Indian Film Festival
The 12th Annual New York Indian Film Festival is North America’s oldest and most prestigious destination for feature films, documentaries and shorts from and about the Indian subcontinent. The festival, which takes place from May 23-27, offers an opportunity to experience the rich and diverse film cultures of the Indian subcontinent through a mix of film screenings, discussions, industry panels, nightly parties, an awards ceremony and gala red carpet events. To learn more, visit iaac.us/NYIFF2012.

Anyone who has tied the knot recently knows that the cost of weddings is sky-high. According to The Wedding Report, the total average wedding spending for 2011 was $25,631. That’s a lot of money to invest into an event where so much can go wrong, from flowers not being delivered and DJs not showing up to sickness and catastrophic weather-related events causing cancellations.

Travelers—which offers wedding insurance to cover items such as lost deposits, perishable materials, unavoidable cancellation, lost or damaged photographs, damaged gifts, host liability and more—recently analyzed its wedding insurance claims from 2011 and revealed the top claims.

Click “Read the rest of this entry” to see what were the top wedding insurance claims in 2011 for Travelers.

Unavoidable cancellations: 4%

Sometimes a wedding cancellation is unavoidable—take, for example, the infamous “Runaway Bride” from a few years back. A case of wedding jitters caused Jennifer Wilbanks to disappear four days before her wedding, which was to be a “lavish” affair attended by approximately 600 guests. Cancelling the venue, catering and flowers alone can cost well into thousands of dollars in deposits and lost business.

Military deployment: 5%

Military deployment cannot be delayed for a wedding. However, a wedding can be delayed—or even canceled—for military deployment.

Attire: 8%

“We had a bride who purchased her dress and the bridal shop went out of business before she was able to pick it up,” says Griffin. “Since she had wedding insurance, she was able to get a dress of like kind and quality without ruining her wedding budget.”

Vandalism/Theft: 13%

Guest made a getaway with your gifts? Wedding theft and vandalism made up 13 percent of wedding insurance claims filed to Travelers in 2011. Coverage can help compensate for those irreplaceable items that are ruined or go missing on your big day.

Sickness/Injury/Mishaps: 19%

According to Travelers, 19 percent of claims were related to key family members such as parents or grandparents being unable to attend a wedding at the last minute due to sickness, untimely death and travel delays.

Vendor/Venue: 31%

The most common vendor- and venue-related problems include flowers and photos not being delivered, DJs not showing up and the facility or vendor going out of business.

“One of our customers booked a venue that flooded and they were unable to have their reception at the location,” says Gary Griffin, of Travelers. “Because the wedding insurance was purchased more than 14 days prior to the event, the coverage helped them recover lost deposits from the flooded location and extra expenses from booking a new facility at the last minute.”

By Caterina Pontoriero, PropertyCasualty360.com

April 12, 2012

The coming weeks will bring several large-scale events to the City of Los Angeles. As a service to filmmakers, FilmL.A.’s Production Planning Department is prepared to answer questions regarding proposed filming during each of the following events:

• 3/17/2012, 2012 LA Big 5K. This is a warm-up race for the 2012 Honda LA Marathon taking place the following day. The route covers 3.1 street miles in Elysian Park and is expected to draw thousands of participants to the Dodger Stadium area. Expect nearby closures related to the event to last all day, plus additional time for event set-up and strike.

• 3/18/2012, 2012 Honda LA Marathon. This year’s Marathon starts at Dodger Stadium and follows a route spanning downtown Los Angeles, Echo Park, Silver Lake, Hollywood, West Hollywood, Beverly Hills, Century City, Westwood, Brentwood and Santa Monica. Long stretches of Sunset Blvd., Hollywood Blvd., Santa Monica Blvd., and San Vicente Blvd. (among other streets) will be affected. LADOT posting restrictions will go into effect all along the parade route.
• 4/8/2012, Baisakhi 2012 Celebration. This is a large-scale religious parade and procession through downtown Los Angeles with more than 7,000 expected participants. The event will start and end near the Los Angeles Convention Center, with the procession following a downtown route involving Figueroa, 11th, Grand, 7th and Flower. This event is scheduled to run from 2:30 p.m. to 6:00 p.m., with additional time for set-up and strike.
• 4/29/02, Fiesta Broadway. This is a large-scale Cinco de Mayo celebration featuring music performances and other activities. Events are scheduled at City Hall, on Broadway between 1st Street and 5th Street and further east along 1st Street. This event is scheduled to run from 11:00 a.m. to 6:00 p.m., with additional time for set-up and strike.

For years, Railroad Protective Liability (RRP) insurance has been imposed on contractors by railroads. But exactly why? Just what does this commonly referred to, but seldom understood liability insurance do, and whom does it protect? Here are some answers to these and other questions.

RRP covers the contractor for his work for the railroad – right?

Sorry, no. In fact, the RRP policy does not protect the contractor at all – it protects only the railroad, since only the railroad is the “named insured” on the policy. It also states that the railroad is protected for acts or omissions arising out of the “work” at the “job location”. The “work” (including the contractor performing the work), and “job location” are specifically designated on the policy.

What if the contractor gets sued?

The RRP is not a replacement for liability insurance for contractors. Every independent railroad contractor should have a Commercial General Liability (CGL) insurance policy with endorsements that delete any restrictions for indemnity or work performed within 50 feet of the railroad or railroad property. It is not unusual for both the contractor and the railroad to be named in a suit from an injured third party, if the injury or damage arises from the contractor’s work at the job location. The same suit might allege that the contractor was negligent in the way he performed his work, and that the railroad was negligent in supervising the work of its independent contractor. In this case, the contractor’s CGL policy should defend the contractor, and the RRP policy will defend the railroad.

Do railroads have any insurance other than RRP?

Yes. Every operating railroad has some form of operating liability insurance protection. The RRP only protects the railroad from liability associated with specific work (including specific contractor), at a specific job location.

The RRP policy does not provide coverage for any liability that is not somehow connected with the work at the job that is being performed, and is so designated on the RRP policy. Linking the contractor, work and job location in the RRP policy makes it quite clear that it is the project-specific and not just a premises-and-operations policy for the railroad.

So, if the contractor has insurance and the railroad has insurance, why do they need the RRP policy?

Railroads must make important decisions about how they manage their independent contractor risk. They can insure it under their own insurance policies, but that may drive up the cost of the railroad’s own liability insurance. Also, they may have very high deductibles or retentions that may impose heavy financial obligations upon them in the event of a claim, particularly if it involves a contractor on their property.

Another option is for the railroad to transfer its risks contractually through indemnity agreements with its independent contractor, and also require special conditions and limits from the contractor’s own liability insurance. But then, the railroad is relying solely on the contractor and the contractor’s insurance to protect it. What if the contractor defaults, or has its insurance canceled, or limits through claims at other project locations?

Perhaps the best risk-management tool is a combination of contractual indemnification and specific, stand-alone insurance product, one that is written for a specific project that a specific contractor performs. This is generally the most common risk-management technique employed by today’s railroads. That stand-alone policy is the common RRP policy being discussed here.

This risk-management technique is very similar to the one used by other project owners who are not railroads. In those cases, the owners usually require the contractor to provide an Owners Protective Liability (OCP) policy to protect the owner from claims against him, from specific work, at a specific job site or by a specific contractor. While the RRP and the OCP policies are similar in intent, the language is quite different for each and they are not interchangeable.

Does the RRP policy cover rolling stock?

Under certain situations it does. In addition to protecting the railroad for bodily injury and property damage liability claims, the RRP covers property owned by, leased by or entrusted to the railroad for direct physical damage to that property. This includes rolling stock, other equipment, materials or any property assigned to a specific job site. Again, the policy benefits the railroad only, and loss to covered property must result from acts or omissions arising out of work at a job location. The RRP does not replace a railroad’s property or rolling stock properties, since the RRP policy only pays for losses due to acts or omissions at the job. And, like the third party coverage under the RRP, the physical damages coverage stops when the contractor has completed his work.

Does the RRP cover workers’ compensation?

No, never. Workers’ Compensation disability benefits, unemployment compensation laws and any similar laws are specifically excluded under the RRP policy. However, the exclusion does not apply to any obligation that the insured (the railroad) has under FELA. Thus, if the railroad is sued by an employee for injuries sustained due to acts or omissions arising out of work at a job location, the RRP would respond to protect the railroad.

Does coverage continue if a contractor completes his work ahead of schedule?

No. Coverage for the railroad ceases when the contractor has completed the work. The policy is very specific about what constitutes completed work.

The RRP policy, therefore, does not afford any completed operation coverage for any party. The contractor’s own CGL policy should protect it against claims arising out of completed work. The railroad’s own operating liability coverage should protect it from any claims made against it for injuries or damages.

What limits are usually required by the railroad for the RRP policies?

The limits of liability will vary from railroad to railroad, and even from project to project. The size and the complexity of the construction project may determine the limits required by the contract. Limits of $2 million for each occurrence and $6 million annual aggregate limits are quite common. Please note that the aggregate limit applies on an annual basis even though the RRP policy may be written for a period longer than one year.

Is all RRP policy language the same?

No, but most companies use the Insurance Services Office (ISO) 1994 form, or a later version, and that form is accepted by most railroads. When purchasing or getting quotations for RRP, the contractor should advise of any differences between his form and the railroad’s specifications. The railroad will often engage an engineering firm to create the bid documents for the work to be performed. These documents should contain the insurance requirements, including any specific RRP policy form, such as ISO, RIMA or ASSHTO, including modifications in the policy language.

Where does the contractor get the RRP policies and/or quotations for RRP insurance?

There are several sources for RRP insurance. In some cases, the contractor’s CGL insurance company may provide the RRP insurance as well. They will always issue a separate policy because the named insured is the railroad, not the contractor.

In many cases, the contractor’s CGL insurance company cannot or will not issue the RRP policy. This may be due to limit requirements, special coverage requirements, long policy terms, reinsurance restrictions and a variety of other issues. The contractor may ask his insurance broker to obtain several quotations from several insurance companies that specialize in RRP insurance. Results can vary widely between insurance companies depending on the information submitted and the specific details of the job.

Occasionally, the railroads themselves may carry a “blanket RRP program” in which they enroll “contractors,” “work” and “job locations” on an ongoing basis. If the railroad has a plan such as this, it should inform you of such in the contract or bid instructions, and any related cost for participating in this program.

What do contractors need to know in order to get RRP quotations from insurance companies?

Underwriters need some basic information in order to prepare quotations. This includes, but is not limited to, the following:

• The named insured (railroad and its name and address).
• The “contractor” name and address.
• Limits of railroad protective insurance requested.
• The descriptive title or job or contract number for the project
• A complete description of the work, where it takes place, how it impacts the railroad’s tracks (i.e. parallel, over, under or across tracks, etc.)
• Total job cost (estimate).
• Job cost within 50 feet of track(s).
• Percentage and types of work sub-contracted.
• Amounts (percentage or costs) of any specialty construction such as blasting, tunneling, rigging (crane hoisting), pile driving and such.
• Start date and estimated duration of project.
• Train traffic; number of freight and passenger trains during work hours and on a daily basis.
• Payrolls or cost associated with railroad employees such as flagmen or switchmen assigned to the job.
• Details on slow orders or other restrictions placed on tracks at the job site.
• Cost of and value associated with any work trains, other rolling stock or equipment assigned to the job.

Underwriters may also ask for experience or other qualifications of the contractor and details concerning his own CGL insurance program.

Contractors should evaluate the protection afforded them by their own CGL insurance as well as RRP insurance requirements imposed upon them. As a minimum, contractors should:

• Evaluate the indemnity and insurance provisions of your railroad contracts completely to make sure you comply with those provisions. In some cases, the RRP requirement may be an addendum to the contract. Your CGL policy should be amended so that there are no restrictions for contracts that involve work within 50 feet of a railroad or railroad property.
• Evaluate the property provisions in the contract with coverages provided by your installation floater and equipment policies. You may be held responsible for the entire project and it may be necessary to purchase a Builders Risk policy for the project. Or you may be responsible for materials and equipment or work trains assigned to the project by the railroad. Materials may be protected under your installation floater. Other equipment and rolling stock assigned to the job may be added to your equipment floater, delete any exclusion for loaned, leased or rented equipment on this policy.
• Obtain a generic RRP application and become familiar with the information it asks for. Complete one for each contract and include sketches, drawings and other details that will help the insurance underwriter understand the project and its risk. Sometimes a background of your company and its railroad construction experience will be helpful.
• Allow as much time as possible for obtaining quotations for RRP insurance. Although a one or two day turnaround time can be achieved, results are usually better if they are not rushed, especially if there are unusual or complicated construction circumstances associated with the project.

In conclusion, it would be impossible to completely cover this topic in so brief an article. If you have specific questions or comments, please feel free to contact us at (626) 795-9921 or send us an email: service@productioninsurance.com.

Reprint: From an April, 1994 article of NRC News (updated February, ‘99)Published by: Railway Track & Structures MagazineWritten by: David E. Armstrong

Television Suffers Annual Decline; Features Up and Commercials Set Record High

LOS ANGELES – January 3, 2012 – FilmL.A. — the not-for-profit community benefit organization that coordinates permits for filmed entertainment shot on-location in the City of Los Angeles, unincorporated parts of Los Angeles County and other local jurisdictions — today announced that overall on-location production increased 4.2 percent in 2011 compared to 2010 (45,484 PPD in 2011 vs. 43,646 PPD in 2010)*.

Though finishing in positive territory, the overall annual gain hides a disconcerting trend in television production. In the past, even as runaway production took its toll on local feature film production, L.A. could rely on television as its “bread and butter”. However, in 2011, Television saw a 2.7 percent annual decline (17,349 PPD in 2011 vs. 17,833 in 2010), driven by a significant 10.6 percent drop in the fourth quarter of 2011.

The Q4 decrease is due to a disappointing — though anticipated — fall production season, as the Los Angeles region lost production of ten one-hour TV Drama series to other states, notably New York, which is having a record television season now that it offers more than four times the amount of funding available in filming tax credits than California.

Last year in Los Angeles, TV Dramas finished down 11.5 percent; TV Reality was down 1.8 percent; TV Sitcoms were down 12.8 percent, and TV Pilots logged a 6.1 percent increase.

On-location Feature production increased 5.7 percent for the year (5,682 PPD in 2011 vs. 5,378 PPD in 2010). The category managed modest growth for the year, despite a drastic decline of 26.4 percent in Q4. The California Film & Television Tax Credit Program did its part to keep Features in positive territory in 2011, as state-qualified Feature projects generated 652 PPD in the L.A. region last year — 11.5 percent of the annual total.

These Feature projects included among others, A Glimpse Inside the Mind of Charles Swan III, Argo, Breaking the Girl, Cyber Planet, Decoding Annie Parker, Gangster Squad, My Mother’s Curse, Sports Camp, Think Like a Man, This is 40 and We Have Your Husband. Other projects driving a significant amount of Feature activity included director Christopher Nolan’s latest big-budget film Magnus Rex (aka The Dark Knight),

director Oliver Stone’s film Savages, plus Welcome to People and Seven Psychopaths, among others.

Production in the Commercials category increased 4.4 percent for the year (7,079 in 2011 vs. 6,778 PPD in 2010) to set a new annual record. The category squeaked past its previous record of 6,983 PPD, which it logged in 2005. The yearly total was helped by a 7.7 percent increase in Q4 2011.

FilmL.A.’s overall production figures are still below levels seen prior to 2009, at which time the L.A. region saw a precipitous year-over-year production crash.

“While we are relieved to see annual gains in overall production days, we cannot take any growth for granted,” said FilmL.A. President Paul Audley. “We must fight to keep and attract more feature films and high-value television series to keep our vendor companies and crews working and our region’s economy afloat.”

About FilmL.A.

FilmL.A. is a private, not-for-profit community benefit organization that coordinates and processes permits for on-location motion picture, television and commercial production under contract to an ever increasing roster of public-sector clients in the Los Angeles region. Our organization works to strike a balance between the needs and interests of the entertainment industry and the neighborhoods affected by on-location production. Ongoing community relations is a key component of the service FilmL.A. provides. In today’s highly competitive, global entertainment production market, FilmL.A.’s services help the Los Angeles region retain its status as the entertainment production capital of the world.

* On-location production figures are based on days of permitted production within the jurisdictions served by FilmL.A. One permitted production day (PPD) is defined as a single rew’s permission to film a single project at a single defined location during any given 24-hour period. This data does not include production that occurs on certified sound stages or on-location in jurisdictions not served by FilmL.A. Overall figures include production of feature films, television programs, commercials, documentaries, industrial videos, infomercials, music videos, still photography, student films and miscellaneous production.

Contact:

Todd Lindgren VP, Communications & Public Affairs

(213) 977-8628 / tlindgren@filmla.com

Philip Sokoloski Director Communications

(213) 977-8630 / psokoloski@filmla.com

The Los Angeles City Fire Department has asked FilmL.A. to remind the production community of the Fire Department walk-through requirement for filming at area hospitals. The attached letter (see page 2) outlines how to obtain a walk-through and what Fire Department inspectors are trained to look for on-location.

To ensure that your walk-throughs are scheduled on time and filming can proceed as planned, FilmL.A. recommends you contact the Fire Department as early as possible in your planning process. The Fire Department’s minimum notification time for filming at any hospital, church or school facility is 48 hours (two full business days, weekends not included).

The Schools, Churches and Institutions Unit of the L.A. City Fire Department can be reached at 213.978.8675 on weekdays from 7 a.m. to 5 p.m. A 24-hour messaging service is also available; however, messages left via this service will not count toward the Fire Department’s 48-hour notification requirement.

As always, should you have questions about this Production Alert, we urge you to contact FilmL.A.’s Production Planning Team at 213.977.8600.

Following several months of extended negotiation with L.A. City officials, FilmL.A. is pleased to announce the reopening of Lincoln Heights Jail to filming. The jail, which is available for filming as of today, has been closed to filmmakers since May 2010. The list of filmable areas of the jail is as follows:

1st Floor Front Entrance, Kitchen, Squad Room, Offices
2nd Floor Jail Cells
3rd Floor – 5th Floor NOT AVAILABLE
Roof Case-by-Case Basis, Cast/Crew Size of 10 or Fewer

As one of the many public properties covered by the City of Los Angeles’ use fee waiver, it costs nothing to lease the LHJ site for filming. Production companies using the jail will be required to cover the cost of oversight personnel during prep, filming and strike. Production companies seeking to film at the jail should be prepared to cover, at minimum:

1. Uniformed Fire Safety Officer 4 hour min., $64 / hr
2. FilmL.A. Monitor 4 hour min., $30 / hr + OT after 8 hrs.
3. Cost of one 2500 gallon water truck, with hoses.

To see the looks available to you at the LHJ facility, we encourage you to view the jail on LocoScout (www.locoscout.com). For availability and other information about filming at LHJ, please contact FilmL.A.’s Production Planning Department at 213.977.8600.

Earlier this week, the Los Angeles County Board of Supervisors adopted a new set of regulations affecting filming on County controlled beaches. The new regulations, which take effect on March 1, 2012, break with existing policy in the following ways:

• Sand Digging. Duly permitted film productions may be exempted from a regulation prohibiting the digging of holes more than 18” deep in beach sand or digging into vertical sand embankments. The L.A. County Department of Beaches and Harbors (B&H) will make this determination in consultation with the County Fire Chief. (Section 17.12.205)

• Fireworks. Duly permitted film productions may be exempted from a regulation prohibiting the transport, possession and discharge of fireworks and like devices on beach property. B&H will make this determination in consultation with the County Fire Chief. (Section 17.12.400)
• Boating. Film and television production companies are allowed to launch and land personal watercraft in any designated area approved by B&H and the County Fire Chief, provided the activity is conducted according to the stipulations of these authorities. (Section 17.12.470)

Beaches and Harbors also issued a clarification:

• Driving on Beaches. According to B&H, Section 17.12.230 of the Los Angeles County Code allows for driving activity on beaches, subject to departmental approval and the stipulation that use of vehicle(s) not interfere with the operation of the beach.

Filmmakers should take care to declare their specific beach activities on their permit applications, so that language specific to each activity can be included on the permit. Engaging in beach activities outside those specified on the permit could result in permit revocation. Those with an interest in viewing the new beach ordinance can do so at the following link: http://file.lacounty.gov/bos/supdocs/65848.pdf. For specific questions about filming at area beaches, please contact FilmL.A.’s Production Planning Department at 213.977.8600.

The Los Angeles City Fire Department has posted new filming conditions for use of helipads in Griffith Park (Vista Helipad) and Elysian Park (Bishop Canyon Helipad). Filmmakers who contemplate use of these properties for filming should expect to comply with the following set of LAFD rules:

•  An on-site Fire Inspector is required to be on the helipad at all times (Spotchecks will be allowed on a case-by-case basis, only upon review by LAFD).

• All vehicles parked on the helipad shall be parked and attended to in such a manner that ALL vehicles can be vacated from the helipad in five minutes (This determination will be made by LAFD).
• No standing sets, catering trucks, generators, dressing rooms or other equipment that cannot be immediately removed or driven off the helipad is allowed.
• All vehicles in the vicinity (“vicinity” to be determined by the on-site Fire Inspector) of the helipad shall be parked on only one side of the road.
• In the event of a fire, the Fire Inspector will direct, as necessary, to vacate the helipad or evacuate the park. This directive must be strictly obeyed, regardless of the status of the filming activity. Location Managers must be aware of this potential risk!
• Production companies are responsible for restoring the helipad to its original condition.
• Pyrotechnics, stunts or special effects require the approval of the Park Film Office Supervisor prior to making contact with the LAFD Film Unit.
• A walk-thru by a sworn LAFD Film Unit member shall be completed  prior to the first day of filming.

FilmL.A. and LAFD appreciate your attention to these new conditions. As always, should you have questions about filming in the City of Los Angeles, we encourage you to call FilmL.A.’s Production Planning Department at 213.977.8600.