remote! broadcasting, inc. and (c) automobile liability insurance. … · 90232...
TRANSCRIPT
and (c) AutomobileLiability insurance.
Remote!Broadcasting, Inc.
PRO-CAM RENTALS, INC EQUIPMENT RENTAL/LEASE AC
Thisr(•Lessor), having its of business at 9660 Lvrtbte Avenue. Chaiswonh CA 9131 trUssof s place of business-) i
ofbufinm8ll0202r Lessor's place ofbusino for the production entitled -UmiUed Adam F Goldberg Project*.
by Leer's priwwrillAgreement shall survive
3) Lessee shall secure andcomprehensive lotses to thebodil> injury and propeny
,20l3byaj^
t In any e%«U-»ee'$ rcpresemations* *^^the end of the Tom.
2) ^xssec\ threes to indcnutify rod hold Pro-CamttUiaLvenfiahteclfams.tt«ic^anomry fas arising ouioCcoUxted^^eropUyinm of any pcrsoanclj^misconduct of Lessor or any ofui employees or hidden OT^damages resulting from i
(a) All Risk
ThebtChm 'm^
lcy ihait tectadc coverage for Hired and HoM>»ncdA*s^MblM^^PI^fcBita^aaHMfriW»a»*Bfeby an authorized agem of the Lessee's ins^^of the agreement Lessee shall ha\e insurance company prtwidrngoiverage requiredAdditional Insured and UB Payee as Lessor's interest may appear in reference to any and dl ^uiulcrtficicriTO ami coiulkt(ms of Uiis Agreement Should any of the above policies be cancelled before the expiration datethereof, notice of canceHaticm^iW be delivered in accortso>lateihgtihe coverages iiulicaied on iheinsuraiicc^^othaiwuraiM^mainiaifirf^U^ It« ogrcol thai lice'sinsurance coverage shall commence at the titoc^aay of the Lcssog^eo^ipmcatistobcigtsag^^tooipccificloLessors premises. ^/n __.-^ **
4) Losee agrees to provide adequate evidence dial LCSKC has met the insurance requirements as mdkxu^Lessor a futly executed Certificate of insurance at or prior to the detivtry of any Equipment or vehiclesLessee hercimder.
3) Lessee agre« that tlwttnm of payment ore basc^ Should there be any change insuch mrofmaUon.Ussecagft«d that Ussor is pri Hem b payableuoon receipt of invoice. All invokes not paid vrtlhin 30 da>« fiom hi voice dtle bear late dwges at the rate of I Itffcpermomh(I«% annually). IHxaw places the accent mlheliarttls of an oton^attoroey* fees and court costs with way accrue,
6) Equipment shall be c^Hverrf^ Lessee shall employ and con cnsatc saiduchfllcucw directly 011 iupayroUscr^wwmpa^Compensation insur&ncK coverage for such technicians. Such ttchnici»s shall be decnuxf to be Usfern Uie time thw they leave Lessors place of business or deaor liability whatsoever for any Lcss«*sag«ts'or i^ Lessee agrees to mdcmniry, hoW harmless, andif reo^estod b)* USMIT. to ftefend tesfor, to ofll^wMi paragfBph 2 above in connection with delivery oy Lessors midaimd/wiectmic^
I t*tr~'t Initial
Notwithstandingthe foregoing,vehicle coverageshall be on anactual cash basis.
out of. connected with, orequipment of vehicle
misconduct or Lessor of
proceedings, cosis expenses* damagei and liability including reasonable outside attorney feesresulting from the manufacture, alteration, or oiodlJieatfon by Lea^supplied to Ussceiwstiam to t^any or ks employees or hidden or latent defects.
g) Equipmou coverage shall be provided on lepteematt cost basis. If provided on actual caabfcahieand in the event oflossand/or damage, Lessee shall pay the difference betweca actual cash value atidagreed that Lessee shall be obligated for loss of lentaliiieoiiietBitMsiichtiniettLessor's Inventory or ftiU payment in settlement of loss Is received by Lessor.
ifiable clai *to • suits.
9) LeiseeextettuttnorihisAgncniiieienn regardless of «iietheunable to use the Equbment left
t creates an obUgation fcr Lessee to pay Lessor the full fern rtmiirtd bcmimkr for iheee seetes to caned or lenRiaatc this lease prior to tlie end ihe tern andMr f ther lessee Ummdcrforallofthcpanoriheicnn. la the event thai the Lesser notifies Lessor in
HTiting of Hs desire to cawxl or cartia-icnninate this le^party, IfUssiff is able to lease tie Eo iipiRfor the days rtmakOiig uado'the Ica^
IMTE:.
1
Allen, Louise
From: Allen, LouiseSent: Tuesday, March 12, 2013 4:30 PMTo: 'Courtney Wieden'Cc: Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey; Fussell, Megan; AMANDASubject: RE: UNT ADAM F. GOLDBERG PILOT: Agreement for "Pro-Cam Rentals, Inc."
Excellent. Thank you so much.
From: Courtney Wieden [mailto:[email protected]] Sent: Tuesday, March 12, 2013 4:04 PM To: Allen, Louise Cc: Luehrs, Dawn; Zechowy, Linda; Barnes, Britianey; Fussell, Megan; AMANDA Subject: Re: UNT ADAM F. GOLDBERG PILOT: Agreement for "Pro-Cam Rentals, Inc."
On Tue, Mar 12, 2013 at 1:03 PM, Courtney Wieden <[email protected]> wrote: Hello, Please find attached the initialed agreement w/ revisions for Pro-Cam Rentals, Inc. Thanks, -- Courtney Wieden Associate Producer 10202 W. Washington Blvd. David Lean Bldg., Ste 410 Culver City, CA 90232 310/244-3434 office 310/244-0558 fax
On Tue, Mar 12, 2013 at 9:44 AM, Allen, Louise <[email protected]> wrote:
See attached.
At the very least, the production entity must be changed and the two references to the Auto Liability policy must be inserted.
Also, the change in paragraph 8 re: vehicles should be made. Our coverage only provides actual cash value on vehicles so production will be out‐of‐pocket for the difference if this change is not made.
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The other changes are typo corrections so are less critical.
Both parties can initial the changes or a clean copy of the agreement incorporating the changes can be signed.
Thanks,
Louise
From: Allen, Louise Sent: Tuesday, March 12, 2013 12:21 PM To: 'Courtney Wieden'; Luehrs, Dawn Cc: Zechowy, Linda; Barnes, Britianey; Fussell, Megan; AMANDA
Subject: RE: UNT ADAM F. GOLDBERG PILOT: Agreement for "Pro-Cam Rentals, Inc."
Courtney … some changes have to made to this agreement. For example, the contracting entity must be Remote Broadcasting, Inc. not Sony Pictures. I’ll send you the changes momentarily.
Thanks,
Louise
From: Courtney Wieden [mailto:[email protected]]
Sent: Tuesday, March 12, 2013 12:18 PM To: Luehrs, Dawn Cc: Zechowy, Linda; Allen, Louise; Barnes, Britianey; Fussell, Megan; AMANDA Subject: Re: UNT ADAM F. GOLDBERG PILOT: Agreement for "Pro-Cam Rentals, Inc."
My apologies. Please disregard the last email. Please find attached the REVISED signed agreement. Thank you,
3
--
Courtney Wieden
Associate Producer 10202 W. Washington Blvd.
David Lean Bldg., Ste 410
Culver City, CA 90232
310/244-3434 office 310/244-0558 fax
On Tue, Mar 12, 2013 at 8:01 AM, Courtney Wieden <[email protected]> wrote:
Please find attached the signed agreement for Pro-Cam Rentals, Inc.
Thank you, --
Courtney Wieden
Associate Producer 10202 W. Washington Blvd.
David Lean Bldg., Ste 410
Culver City, CA 90232
310/244-3434 office 310/244-0558 fax
On Mon, Mar 11, 2013 at 11:56 AM, Luehrs, Dawn <[email protected]> wrote:
Britianey, this is a standard cert w/primary non‐contributory language.
4
Courtney, send us the fully executed agreement when available.
Thank you.
………d
Dawn Luehrs
Director, Risk Management Production
(310) 244-4230 - Direct Line
(310) 244-6111 - Fax
From: Courtney Wieden [mailto:[email protected]] Sent: Monday, March 11, 2013 11:35 AM To: Luehrs, Dawn Cc: Zechowy, Linda; Allen, Louise; Barnes, Britianey; Fussell, Megan; AMANDA Subject: Fwd: UNT ADAM F. GOLDBERG PILOT: Agreement for "Pro-Cam Rentals, Inc."
Hi Dawn,
Please find attached the revised agreement for pro-cam rentals.
Thank you,
Courtney Begin forwarded message:
From: "Jim Partaker" <[email protected]> Date: March 11, 2013, 11:22:19 AM PDT To: "'Courtney Wieden'" <[email protected]> Subject: RE: UNT ADAM F. GOLDBERG PILOT: Agreement for "Pro-Cam Rentals, Inc."
Hi Courtney,
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This should have the same verbage from “After Earth” with just the new job info on it. Let me know if you have any questions..
I saved this for Sony productions in the future..
Thanks!
Jim Partaker
Pro-Cam Rentals Inc.
9660 Lurline Ave.
Chatsworth CA 91311
ph 818-717-0354
cell 805-428-3834
fx 818-717-8016
-- Courtney Wieden Associate Producer 10202 W. Washington Blvd. David Lean Bldg., Ste 410 Culver City, CA 90232 310/244-3434 office 310/244-0558 fax
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Allen, Louise
From: Luehrs, DawnSent: Monday, March 11, 2013 12:06 PMTo: Courtney WiedenCc: Amanda Massetti; Allen, Louise; Zechowy, Linda; Barnes, Britianey; Fussell, MeganSubject: RE: UNT ADAM F. GOLDBERG PILOT: Agreement for "Pro-Cam Rentals, Inc."Attachments: ProCam - After Earth Rental Agreement.pdf
They did not give you the pre‐approved version. Please ask vendor to use the one from After Earth, attached. In addition to the one for your show, please ask them to send us a blank template of the After Earth version so we can get it in our data base for the next time this comes up. Britianey will need to issue the cert as they are requesting primary/non‐contributory wording. ………d Dawn Luehrs Director, Risk Management Production (310) 244-4230 - Direct Line (310) 244-6111 - Fax
From: Courtney Wieden [mailto:[email protected]] Sent: Friday, March 08, 2013 8:59 PM To: Fussell, Megan; Luehrs, Dawn; Barnes, Britianey; Zechowy, Linda Cc: Amanda Massetti Subject: Re: UNT ADAM F. GOLDBERG PILOT: Agreement for "Pro-Cam Rentals, Inc." Just touching base...is this agreement approved to sign? We're renting this equipment on Monday 3/11. Thank you, -- Courtney Wieden Associate Producer 10202 W. Washington Blvd. David Lean Bldg., Ste 410 Culver City, CA 90232 310/244-3434 office 310/244-0558 fax
On Fri, Mar 8, 2013 at 10:44 AM, Courtney Wieden <[email protected]> wrote: Hello, Please find attached the Agreement for the company, "Pro-Cam Rentals, Inc". This is for our Technocrane rental on location next week. Please advise if this is ok to sign and issue a cert of insurance. Thank you,
2
-- Courtney Wieden Associate Producer 10202 W. Washington Blvd. David Lean Bldg., Ste 410 Culver City, CA 90232 310/244-3434 office 310/244-0558 fax
PRO-CAM RENTALS, INC. EQUIPMENT RENTAL/LEASE AGREEMENT
This rental/Lease Agreement is made and entered into as of January 4, 2013 by and between Pro-Cam Rentals, Inc.("Lessor1'), having its place of business at 9660 Lurline Avenue, Chatsvvorth CA 913110'Lcssor's place of business") and NovaPrime Inc. ("Lessee") having its place of business at 10202 W Washington Blvd., Poitier Bldg Suite 32070, Culver City CA90232 ("Lessee's place of business"), for the production entitled *4After Earth Reshoots".
1) The term of the lease granted hereunder shall commence as of January 4, 2013 and end as of December 31,2013 unlessextended by Lessor's prior written approval. In any event, Lessee's representations, warranties and obligations under thisRental/Lease Agreement shall survive through the end of the Term.
2) "Lessee", agrees to indemnify and hold Pro-Cam Rentals, Inc., hereafter referred to as "Lessor", harmless from any and allactual, verifiable claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable outsideattorney fees arising out of, connected with, or resulting from the rental/lease the Equipment including motor vehicle, or theemployment of any personnel provided by Lessor hereunder provided, except to the extent caused by the negligence or willfulmisconduct of Lessor or any of its employees or hidden or latent defects. Lessor will not be held liable for any consequentialdamages resulting from nonoperation or mechanical malfunction of any leased Equipment.
3) Lessee shall secure and maintain (a) AH Risk Damage insurance including coverage for collision and upset andcomprehensive losses to the equipment rented from Lessor hereunder, and (b) Commercial General Liability for personal injury,bodily injury and property damage. The Commercial General Liability policy shall include coverage for Hired and Non-OwnedAutomobile Liability and Physical Damage, separate policies can apply. "Lessee shall provide a Certificate of Insurance signedby an authorized agent of the Lessee's insurance company, evidencing that Lessee is in compliance with the insurance provisionsof the agreement. Lessee shall have insurance company providing coverage required hereunder add the interest of Lessor asAdditional Insured and Loss Payee as Lessor's interest may appear in reference to any and all Equipment provided by Lessorunder the terms and conditions of this Agreement Should any of the above policies be cancelled before the expiration dalethereof, notice of 'cancellation wi l l be delivered in accordance with policy provisions. Each such certificate issued to Lessor shallstipulate that the coverages indicated on the insurance certificate shall be primary coverage and not be contributing with anyother insurance maintained by Lessor except for claims caused by Lessor's negligence or misconduct. It is agreed that Lessee'sinsurance coverage shall commence at the time of any of the Lessor's equipment is to be returned to a specific location other thenLessor's premises.
4) Lessee agrees to provide adequate evidence that Lessee has met the insurance requirements as indicated herein by filing with
Lessor a fully executed Certificate of insurance at or prior to the delivery of any Equipment or vehicles rented of leased byLessee hereunder.
5) Lessee agrees that the terms of payment are based upon credit information at the time of rental. Should there be any change insuch information, Lessee agreed that Lessor is privileged to revise the terms of payment without further notice. Rent is payableupon receipt of invoice. All invoices not paid within 30 days from invoice date bear late charges at the rate of 1 1/2% per month(18% annually). If Lessor places the account in the hands of an attorney for collection, Lessee agrees to pay reasonable outsideattorney' fees and court costs with may accrue.
6) Equipment shall be delivered by Lessee's trucks and technicians referred by Lessor. Lessee shall employ and compensate saidtechnicians directly on its payroll service company's payroll and its payroll service company shall maintain Workers'Compensation insurance coverage for such technicians. Such technicians shall be deemed to be Lessee's employees and agentsfrom the time that they leave Lessor's place of business or designated location and Lessee agrees that Lessor has no responsibilityor liability whatsoever for any Lessee's agents' or technicians' acts or omissions. Lessee agrees to indemnify, hold harmless, andif requested by Lessor, to defend Lessor, its officers, directors, shareholders, employees, agents and representatives in accordancewith paragraph 2 above in connection with delivery by Lessor's trucks and/or technicians referred by Lessor.
MLessee's Initial 4f| Pro-Cam Rentals, Inc. j^
7) Lessee agrees to indemnify, defend and hold harmless from and against any and all actual, verifiable claims, actionproceedings, costs expenses, damages and liability including reasonable outside attorney fees arising out of, connected
resulting from the manufacture, alteration, or modification by Lessee, his employee or agents, of any equipment or veiiiclsupplied to Lessee pursuant to this Agreement, except to the extent caused by the negligence or willful misconduct ofany of its employees or hidden or latent defects.
;, suits,with, or
e.essor or
8) Equipment coverage shall be provided on replacement cost basis. If provided on actual cash value and in the event of loss
and/or damage. Lessee shall pay the difference between actual cash value and replacement cost. It is further understood andagreed that Lessee shall be obligated for loss of rental income until such time as equipment is fully repaired and returned toLessor's inventory or full payment in settlement of loss is received by Lessor,
9) Lessee execution of this Agreement creates an obligation for Lessee to pay Lessor the full rent required hereunder for theentire term regardless of whether Lessee seeks to cancel or terminate this lease prior to the end the term and/or whether Lessee isunable to use the Equipment leased hereunder for alt of the part of the term. In the event that the Lessee notifies Lessor inwriting of its desire to cancel or earlier terminate this lease, Lessor shall use reasonable efforts to lease the Equipment u> thirdparty. If Lessor is able to lease the Equipment to a third party, then Lessor will release Lessee from its obligations to pay the rentfor the days remaining ua^r the lease during which a third party is leasing the Equipment.
LESSEE: DATE:
Lessee's Initial Pro-Cam Rentals, Inc. _};
Pro-Cam Technician Agreement 2012
All Technicians and Assistants are employees and or contractors of the Production Company. It is understood that thefollowing rates shall apply and the terms of employment shall be subject to the applicable collective bargaining agreement (Ifany). Please read.
Remote Head / Technocratic Technician Rates and Conditions
Lead Technician: $60.00 per hour with a 10 hour guarantee = $660 for 10 hours.
Assistant Technician: 40.00 per hour with a 10 hour guarantee = $440 for 10 hours
Hours 1-8 at IX. Hours 9-12 elapsed at 1.5X. All hours worked after 12 elapsed at 2X.
6th day worked at 1.5X for hours 1-12.2X for all additional hours.
7th day worked at $ 120/hour for all hours.
The above pay hour calculations will apply while working local and distant locations.
Travel Days Full 10 hour day guarantee
Idle Days (company work days): Full 10 hour day guarantee
Idle Days (6th and 7th day): Per local 600 agreement
Prep/wrap Days Full 10 hour day guarantee
Driving Days Full 10-hour day guarantee
When on a distant location, per diem is paid in cash to the technician on location at the greater of $65.00 per day, or at a rateequal to that of the operator.
All other Local 600 basic feature contract conditions apply. Rates and conditions are non-negotiable. Technicians are notauthorized to negotiate rate changes without the written consent of Pro-Cam Rentals Inc.
LOCAL DELIVERIES
While working at local locations and delivering equipment, technician and/or assistant shall be paid for the actual time workedfrom portal to portal. A $150.00 delivery charge ($75 each way) will apply. Alternately, the customer may request that deliverybe made by another qualified agent or employee of the customer. (Additional charges may apply if pickup or return are requestedduring non-business hours).
Lessee's Initial ikl Pro-Cam Rentals, Inc..
NON-LOCAL DELIVERY
When working at drive-to locations outside of the studio zone, and delivering equipment, technician and/or assistant shall be paid
for the actual time worked from portal to portal. Time will be paid as drive days-or as additional hours on shoot days. Fuel
expenses will be reimbursed, and a mileage fee of $1.50 per mile will be paid to the technician.
Please be advised that Federal Regulations prohibit drivers to drive more than 10 hours alone or 15 hours in tandem.
If the technician and/or assistant is not delivering the equipment, in and out times are at the perimeter of the zone.
On distant locations, where production chooses to transport technicians and/or assistants, and transports equipment separately,technicians and/or assistants shall be paid for the actual time worked from portal to portal / hotel to hotel. Hotel and Per Diemwill be provided by Production,
CLEANING FEES
Cleaning Fees will be assessed by Pro-Cam and/or the technicians assistants as needed, and will be accrued in actual time.
CANCELLATION FEES
Cancellation fees within 24 hours: Cancellation within 48 hours;
Equipment 100% charge Equipment 50% Charge
Technician - full rate Technician 50% rate
lessee's InitialPro-Cam Rentals, Inc\