ATTACHMENT 1
COOPERATIVE FIRE SERVICE AGREEMENT
BETWEEN THE CITY OF BURBANK AND WARNER BROS. STUDIO OPERATIONS
This agreement (“Agreement ”) is made on _____________________, 202 5, at Burbank, California, by and between the City of Burbank, a municipal corporation, located at 275 E. Olive Ave., Burbank, California 915 02, ("City"), and Warner Bros . Studio Operations, a division of WB Studio Enterprises Inc. (“Warner Bros.”).
RECITALS:
A. The City of Burbank Fire Department (“BFD”) and Warner Bros. (individually, Party; collectively, “Parties”) have worked well together for many years in their respective roles to successfully promote and enforce effective fire and life safety regulation standards.
B. BFD has used a variety of different staffing models to ensure fire and life safety at Warner Bros.
C. Since 2006 the Parties have entered into agreements that provide for the full-time assignment of a Burbank Fire Captain (“Fire Captain”) at Warner Bros. and its Studio Facilities (as defined in Section 1.0 below). The current First Amendment to the Agreement expires on June 30, 2025, and the Parties desire to enter into a new one-year agreement, with the option to administratively extend for one additional year.
NOW, THEREFORE, the City and Warner Bros. mutually agree as follows:
1.0 Services. The City agrees, during the Term (as defined in Section 2.0 below) of this Agreement, to assign a Fire Captain to Warner Bros. on a 40 hour (four days/ten hours a week) full- time basis. The Fire Captain shall provide the duties as set forth in Section 6.0 below to Warner Bros.’ Main Lot, and Ranch facilities.
2.0 Term. The term of this Agreement shall be from July 1, 2025 to June 30, 2026 (“Term”). If either Party to this Agreement desires to terminate this Agreement without cause in advance of the expiration of this Term it shall provide the other Party a minimum of three (3) months written notice prior to termination of the Agreement. The Parties may, upon mutual agreement, extend this agreement for one additional year subject to the City’s approval of funds pursuant to the adopted fiscal year budget. If an extension is recommended by the Burbank Fire Chief, the City Manager or designee, is authorized to execute such extensions , with approval as to form by the City Attorney’s Office, without further action by the City Council.
3.0 Compensation.
3.1 Salary. Warner Bros. shall reimburse City 100% of the annual fully encumbered salary of the assigned Fire Captain. For purposes of this A greement, fully encumbered shall mean all compensation and benefits which are paid by the City to the Fire Captain, including base salary, and all other benefits as established by the terms of the Burbank Fire Fighters Association Memorandum of Understanding (“MOU”) in effect at the time services are provided.
2 3.2 Early Cancellation. Should this Agreement be cancelled prior to its expiration date, Warner Bros. shall only be liable for the pro- rata share of the Fire Captain’s salary up to and including the date of termination.
4.0 Payment. The City shall submit to Warner Bros., on the first of each month, an invoice for the Fire Captain’s salary. Warner Bros. shall pay the invoice before the end of the same month it was issued.
5.0 Staffing.
5.1 Fire Captain Selection . Selection and assignment of the Fire Captain shall be at the sole and exclusive discretion of the Burbank Fire Chief. The Burbank Fire Chief, or designee, shall consult with and take input from Warner Bros. in the City’s annual performance evaluation and selection of the Fire Captain.
5.2 City Employee. The assigned Burbank Fire Captain shall not be considered to be or in any manner whatsoever have the status of an employee of Warner Bros. under this Agreement or be entitled to participate in any insurance, medical care, vacation, sick leave, or other benefits provided for Warner Bros. officers or employees.
The Burbank Fire Captain shall at all times be under the sole and exclusive control, direction, and authority of the City of Burbank Fire Chief and shall at all times be acting in the course and scope of his/her employment as City of Burbank Fire Captain.
6.0 Duties of Fire Captain.
6.1 Coordination. The Burbank Fire Captain assigned to Warner Bros. shall prioritize time to ensure that all essential review and oversight is completed as well as other identified services. The Burbank Fire Captain shall coordinate the provision of a variety of services to Warner Bros. and its Studio Facilities including, without limitation, inspections, training of Warner Bros. personnel , support and training related to emergency medical services delivery, disaster preparedness and fire suppression/mitigation. The Burbank Fire Captain will assist Warner Bros. with any and all necessary contacts within the Burbank Fire Prevention Bureau and coordinate access to other City Divisions as needed. The Burbank Fire Captain will serve as the contact and liaison between Warner Bros. and the City of Burbank Building Official and Fire Marshal.
The Burbank Fire Captain will schedule an annual meeting on or around May 1 with Warner Bros. and BFD Command Staff to discuss infrastructure and staffing needs in order to execute the services under this Agreement for the upcoming twelve-month period.
6.2 Work Requirements. The assigned Burbank Fire Captain work requirements, schedule and conditions shall be subject to the current Burbank Fire Fighter/City of Burbank MOU conditions. The Burbank Fire Captain will be assigned to work a flexible 4/10 work schedule with Monday as a regular day off, and normal work hours to be 0600 to 1600 hours. Work hours and regular days off may be adjusted, with the Burbank Fire Captain supervisor’s approval, to accommodate production and individual needs. An effort will be made to encourage regular opportunit ies to maintain physical fitness through the use of wellness facilities at Warner Bros. and/or BFD. The
3 Burbank Fire Captain will be subject to 24/7 contact via BFD cell phone and will respond to requests and inquiries in as timely a manner as is practical. When not available for contact, an alternative contact will be provided by the BFD Fire Marshal. The Burbank Fire Captain will be away from Warner Bros. facilities for assigned meetings such as monthly BFD Fire Prevention Staff Meetings, required training, meetings with supervisor, accrued vacation, sick leave as necessary, large emergencies, etc. Consistent coverage for Warner Bros. and its Studio Operations will be provided by BFD during the Fire Captain’s leave times.
6.3 Warner Bros. Fire Department. The BFD as the Agency Having Jurisdiction ( AHJ) recognizes and acknowledges that Warner Bros. maintains its own industrial fire department on its Main Lot at address and that the Warner Bros. Fire Chief supervises and shall continue to supervise the Warner Bros. Industrial Fire Department.
If the assigned Burbank Fire Captain has concerns regarding the performance of any member of the Warner Bros. Fire Department or any fire or safety issues, the Burbank Fire Captain will communicate such concerns and coordinate with the Warner Bros. Fire Chief to resolve them.
7.0 Capital Needs
7 .1 Warner Bros. will provide suitable office space for the Burbank Fire Captain providing services under this Agreement. Warner Bros. will also provide a dedicated golf cart per Burbank Fire Captain. BFD will outfit the dedicated golf cart(s) with its official agency identification and logo.
8.0 Cooperative Partnering
8 .1 Fire Safety Officers. Fire Safety Officer(s) (FSO) will not be required for live audience shows within Warner Bros. stages where the shows have been cleared by the Burbank Fire Captain or the Burbank Fire Prevention Bureau and passed at least two BFD or Warner Bros. Fire Department spot checks during the show utilizing the approved check list.
8 .2 Live Audience Show Check List. BFD will be responsible to create and maintain the approved live audience show check list. T he Warner Bros. Fire Department personnel will conduct the live audience show spot checks utilizing the approved check list which will be returned to BFD.
8 .3 Live Audience Show Evacuation Policy. Each live audience show shall have in place an evacuation policy which has been reviewed and approved by BFD prior to any live audience filming. Each show shall have a pre-season meeting to discuss the duties and responsibilities within the evacuation policy and to determine the person/position in charge of triggering such an evacuation. Security and Page supervisors shall be included in such meetings.
8 .4 Fee Waiver . In exchange for Warner Bros.’ payment herein, all usual and customary fees shall be waived for annual permits, hard and soft copy permits, and periodic permits of activities performed on location at Warner Bros.’ Main Lot, Ranch facilities, and related parking structures only. This fee waiver shall not apply to any other Warner Bros. location unless expressly approved by BFD.
4 8.5 Permits. BFD will continue to issue soft and hard copy permits for live audience shows and on lot location productions coordinating a spot check program where applicable. Further, BFD shall:
(a) Issue soft copy permits for small open flame, smoke, and special effects coordinated with spot checks as deemed appropriate for the event.
(b) Issue hard copy permits for pyrotechnics, flammable liquids, open flame, large numbers of people/size of cast and crew, high hazard/construction of sets, on-lot special events, fire department access and large stunt sequences . BFD in its discretion may require an FSO assignment to support a given production. The required assignment shall first be filled via an approved Warner Bros . FSO when available (determined by the Warner Bros. Fire Chief). If none are available, a BFD FSO shall fill the assignment when necessary for coverage. When a Warner Bros. or Burbank FSO is assigned to a production or event, the assigned individual must be dedicated to the event and location and can not be utilized for any other activity during the assignment (California Fire Code Section 4007).
8.6 Agency. An essential element of this cooperative Agreement is the understanding that when Warner Bros. Fire Department member s fulfill assignments to spot check or serve as an FSO, they do so as agents of the BFD (the AHJ), while serving in these capacities.
9.0 General Provisions.
9.1 Assignment. Neither this Agreement, nor any interest herein, shall be assigned by any Party without the prior written consent of the other Party.
9.2 Waiver and Release. Warner Bros. agrees to waive and release the City of Burbank , and every officer, employee and agent of the City, from any and all claims, causes of action, damages to persons or property, penalties, obligations, liabilities or financial losses, arising directly or indirectly from any the services performed by the City of Burbank pursuant to this Agreement except to the extent of the City’s or the Fire Captain’s negligence or willful misconduct.
9.3 Indemnity.
(a) To the fullest extent provided for in California law, Warner Bros. agrees to defend, indemnify and hold harmless the City of Burbank and its officers, agents, and employees, against any claim for personal injury, property damage, or wrongful death arising out of or as the result of any work by City of Burbank or its employees and agents in the performance of this Agreement except to the extent of the City’s or the Fire Captain’s negligence or willful misconduct.
(b) Except as provided in Section 10.4, to the fullest extent provided for in California law, the City agrees to defend, indemnify and hold harmless Warner Bros. and its officers, agents, and employees, against any claim for personal injury, property damage, or wrongful death arising out of or as the result of any negligence by City or its employees and agents in the performance of this Agreement.
5 9.4 Governmental Immunity. Nothing in this Agreement shall waive any statutory immunity protecting the City from liability for the performance of its governmental functions.
9.5 Confidentiality. BFD agrees to hold in strictest confidence any information that is related to any of Warner Bros.’ or its related or affiliated entities’ business, information that is deemed a trade secret or is designated as proprietary or confidential, herein or otherwise, by Warner Bros.
9.6 Entire Agreement. This Agreement contains the entire agreement of the P arties with respect to the subject matter hereof. This Agreement may only be subsequently modified in writing signed by both Parties.
9.7 Severability. If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local governmental having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.
9.8 Governing Law. This Agreement shall be governed by the laws of the State of California.
6 IN WITNESS WHEREOF, the parties have executed this Agreement this _____day of _________, 2025
WARNER BROS. STUDIO OPERATIONS,
a division of WB Studio Enterprises Inc.
___________________________
Dan Dark, Executive Vice President
ATTEST:
Office of the City Clerk
____________________________
Kimberley Clark, City Clerk
CITY OF BURBANK, a municipal
corporation
_____________________________
Justin Hess, City Manager
Approved as to Form
Office of the City Attorney
_____________________________
Ray Johal
Senior Assistant City Attorney