from: allen, louise sent: wednesday, march 06, 2013 3:07
TRANSCRIPT
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Allen, Louise
From: Allen, LouiseSent: Wednesday, March 06, 2013 3:07 PMTo: 'Kaplan Marcy'Cc: Carretta, Annemarie; Medina, Esther; Zechowy, Linda; [email protected]; Russell,
Gregory; Colarossi, Jim; Barnes, BritianeySubject: RE: DOUBT - SJB Lease AgreementAttachments: Employee Vehicle Rental Agreement 012210 _3_ _5_.pdf
Thank you for the info. The third party form that you submitted is not the appropriate document to use for a production employee so please disregard my earlier email. Attached is the form I have on file for Employee Vehicle rentals. I am adding Jim & Greg from Sony Transpo to this email string to confirm this is the form they are currently using for Employee Vehicle rentals. SJB should review this form and then resubmit any amendments it wishes to make. I did receive your voice mail message. If you still need to talk to me, you can reach me at 519‐273‐3678. Thanks, Louise
From: Kaplan Marcy [mailto:[email protected]] Sent: Wednesday, March 06, 2013 2:48 PM To: Allen, Louise Cc: Carretta, Annemarie; Medina, Esther; Zechowy, Linda; [email protected] Subject: Re: DOUBT - SJB Lease Agreement SJB is co-owned by our Transportation Coordinator and his brother. There are a number of vehicles that will come from them (the same as was done on Mob Doctor). On Mar 6, 2013, at 1:22 PM, Allen, Louise wrote:
Is SJB Rentals Inc a third party or a company belonging to a production employee?
From: Kaplan Marcy [mailto:[email protected]] Sent: Wednesday, March 06, 2013 1:09 PM To: Carretta, Annemarie; Medina, Esther; Zechowy, Linda; Allen, Louise; [email protected] Subject: DOUBT - SJB Lease Agreement Hi All, Please see attached and let me know if this is ok to sign. Thanks much, Marcy
EMPLOYEE VEHICLE RENTAL AGREEMENT Production Company/Lessee:
Picture: “ ” Dept:
Lessor/Employee Name: ___________________________________ Soc. Sec. #(Last Five): ______________________
Company Name (if applicable): _____________________________________ Fed. ID#: ___________________________ (Note: Payment for rental must be made through Accounts Payable.)
Vehicle Year/Make/Model: _______________________________________________ VIN: ________________________
Commercially Registered: Yes No
Rental Rates: $__________ per day (or) $ __________ per week Prorated at __________ weekly rate
Alternate Bids (detail below and attach bids to form) #1 Vendor
Contact: Phone:
Quote:
#2 Vendor
Contact: Phone:
Quote:
#3 Vendor
Contact: Phone:
Quote:
EMPLOYEE VEHICLE RENTAL POLICIES 1. Lessor of the Vehicle represents and warrants that (i) Lessor is the owner (or the agent for the owner) of the said Vehicle, (ii) Lessor has the right to grant
Lessee the use of the Vehicle, (iii) Lessor is fully authorized to enter into the Employee Vehicle Rental Agreement, (iv) the Vehicle complies with all applicable federal, state and local requirements including, but not limited to, registration, safety and identification requirements and is roadworthy.
2. Rental rates are paid for “actual” work days only. Weekly rentals will be prorated at ______ of the weekly rate per day for partial weeks worked.
3. Rental agreement must be accompanied by a written description or rental payment will be subject to tax withholding. Please include model numbers and/or serial numbers whenever applicable. Rental payment(s) cannot be paid until the Employee Vehicle Rental Agreement is fully executed. In addition, three bids will be required.
4. Only with respect to commercially registered Vehicles used exclusively by Lessee for business purposes during the rental term hereof, Lessee’s insurance coverage will be primary. However, the Lessor’s coverage will be primary if the Vehicle is not commercially registered or, if commercially registered, is not used exclusively by Lessee during the rental term hereof. In the case of non commercially registered Vehicles or commercially registered Vehicles not used exclusively by Lessee during the rental term hereof, the Lessor should arrange to have adequate insurance for their Vehicle. Any exceptions to this policy must be pre-approved in writing by Production Administration and Studio Risk Management.
5. Lessor will indemnify and hold Lessee harmless from any damages, loss, liability, etc. (including reasonable attorneys fees) for breach of any representations, warranties and agreements hereunder. Lessee and/or its representatives retain the right to physically inspect Vehicle prior to commencement of rental.
6. Lessee shall have the right, but shall not be obligated, to photograph, film and record the Vehicle and depict the Vehicle and/or any parts thereof, accurately or otherwise, as Lessee may choose, in connection with Lessee’s use hereunder. Lessor acknowledges and agrees that Lessor has no interest in Lessee’s photography, film or recording of, on, from or about the Vehicle, and Lessor hereby grants to Lessee all right in perpetuity throughout the universe in all such photography, films, and recordings for all purposes and in all media now known or hereafter discovered.
7. Lessor attests that this agreement represents a true rental of the above described Vehicle for this production.
8. The parties agree that any and all disputes or controversies of any nature between them arising in connection with the Picture and/or this Agreement shall be determined by binding arbitration in accordance with the rules of JAMS (or, with the agreement of the parties, ADR Services) before a single neutral arbitrator ("Arbitrator") mutually agreed upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the arbitration service. The Arbitrator's decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the Superior Court for confirmation and enforcement of the award.
9. Regulated Vehicle rentals - Lessor shall provide evidence of registration, certificate of insurance and 90 day inspection to Lessee (if required).
ACCEPTED AND AGREED TO: Owner/Lessor: _________________________________________ Date: _________________________ UPM: _____________________________ Production Accountant: ______________________________ Prod Admn. Executive:________________________ Transportation Executive: ___________________
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Allen, Louise
From: Allen, LouiseSent: Wednesday, March 06, 2013 2:52 PMTo: 'Kaplan Marcy'; Carretta, Annemarie; Medina, Esther; Zechowy, Linda; Luehrs, Dawn;
Barnes, BritianeySubject: RE: DOUBT - SJB Lease AgreementAttachments: SJB Third Party Vehicle - Doubt (RM).pdf
Assuming SJB is a third party, see revisions from Risk Mgmt. Please wait for additional comments from Annemarie. We are unable to provide the notice of cancellation sought in the second point of the amendment. Since late 2010, insurance companies will no longer agree to provide this notice. Also, the indemnity provision has dropped out of the main agreement. This is a Sony matter Marcy as you are using the correct form we sent you. We are following up internally on this matter but I inserted a new indemnity provision in the amendment.
From: Allen, Louise Sent: Wednesday, March 06, 2013 2:23 PM To: 'Kaplan Marcy'; Carretta, Annemarie; Medina, Esther; Zechowy, Linda; [email protected] Subject: RE: DOUBT - SJB Lease Agreement Is SJB Rentals Inc a third party or a company belonging to a production employee?
From: Kaplan Marcy [mailto:[email protected]] Sent: Wednesday, March 06, 2013 1:09 PM To: Carretta, Annemarie; Medina, Esther; Zechowy, Linda; Allen, Louise; [email protected] Subject: DOUBT - SJB Lease Agreement Hi All, Please see attached and let me know if this is ok to sign. Thanks much, Marcy
Marcy G. Kaplan 818-512-1172 [email protected]
