EXHIBIT B Compensation & Schedule of Payments (corrected 9/12/09)~a~8-~~° ~3~
EXHIBIT B
COMPENSATION AND SCHEDULE OF PAYMENTS (CORRECTED SEPTEMBER 12. 20091
CITY shall pay ARTIST the total sum of Three Hundred and Twenty Seven Thousand Two Hundred Dollars
($327,200.00) for the Work contemplated in this Agreement, which sum shall represent the total
compensation to ARTIST for the Project. No amount shall be paid to ARTIST for reimbursable expenses.
ARTIST will be paid in accordance with the foregoing specified installments, upon submission of
satisfactory invoices and documentation substantiating satisfactory completion of the portion of the Work for
which payment is requested, and upon CONTRACT ADMINISTRATOR'S and/or ARCHITECT'S acceptance
of said portion of the Work as applicable.
Payments to ARTIST shall be made for Work satisfactorily completed in accordance with the progress
toward completion of the Projecf based on the below schedule:
1. Seventeen Thousand Nine Hundred and Ninety Six Dollars ($17,996.00) (which is approximately
5% of the fixed fee) - to be paid upon the signing of the contract and the development of the work
plan which will include atime-line and Scope of Work.
2. Fifty Three Thousand Nine Hundred and Eighty Eight Dollars ($53,988.00) (which is approximately
16% of the fixed fee) - to be paid upon acceptance by the CONTRACT ADMINISTRATOR and
ARCHITECT of all design/development including pre-engineering and permitting (design
development), and specifically: testing of materials, digital design; engineering structure and
foundation; and construction drawings for fabrication, as further provided in the Scope of Work.
3. Fifty Three Thousand Nine Hundred and Eighty Eight Dollars ($53,988.00) (which is approximately
16% of the fixed) - to be paid upon submission and approval by the CONTRACT
ADMINISTRATOR of contrail signing with the fabricators.
4. Eighty Nine Thousand Nine Hundred and Eighty Dollars ($89,980.00) (which is approximately 27%
of the fixed fee) - to be paid upon submission to and approval by the CONTRACT
ADMINISTRATOR for 50% completion of the fabrication which will include the milling of high
density styrofoam molds, casting colored fiberglass, rolling Corten steel, cutting steel to fit the
contours of the fiberglass, fabricate fasteners to attach fiberglass to the steel, fabricate fasteners to
bolt the steel together and to the concrete slab.
5. Eighty Nine Thousand Nine Hundred and Eighty Dollars ($89,980.00) (which is approximately 27%
of the fixed fee) - to be paid upon submission to and approval by the CONTRACT
ADMINISTRATOR for 100% completion of the fabrication which will include the milling of high
density Styrofoam molds, casting colored fiberglass, rolling Corten steel, cutting steel to fit the
contours of the fiberglass, fabricate fasteners to attach fiberglass to the steel, fabricate fasteners to
bolt the steel together and to the concrete slab.
6. SiMeen Thousand Two Hundred and Silly Eight Dollars ($16,268.00) (which is approximately 5%
of the fixed fee) - be paid for Site visit, Site preparation, shipping materials to Site, and installation
of artwork. At CONTRACT ADMINSISTRATOR'S sale option, CONTRACT ADMINISTRATOR may
deem that a physical inspection of the artwork is warranted prior to payment
7. Five Thousand Dollars ($5,000.00) (which is approximately 2% of the fixed fee) - to be paid upon
submission to and approval by the CONTRACT ADMINISTRATOR of Photo Documentation as
outlined in Section 2.4 of this AGREEMENT.
Page 1 of 5
Parcher, Robert
From: Leyva, Dennis
Sent: Monday, November 16, 2009 3:53 PM
To: 'Brian Tolle Studio'
Cc: Parcher, Robert
Subject: Brian Tolle Artist Agreement Payment Schedule
Attachments: EXHIBIT B Revised 11 13 09.doc
Dear Brian and Nicoleta,
Attached is Exhibit B Compensation Schedule with the corrected dollar amount you approved.
Thank You,
Dennis
P.S. Copied on this email is Bob Parcher, City Clerk, City of Miami Beach
From: Brian Tolle Studio [mailto:btollestudio@hotmail.mm]
Sent: Tuesday, November 10, 2009 4:04 PM
To: Leyva, Dennis
Subject: RE: payments
Hi Dennis,
Yes, we are fine with the variant you propose.
Thank you.
Have a great day,
Nicoleta
Brian Tolle Studio
705 Driggs Ave #4
Brooklyn, NY 11211
718.387.9639
Subject: RE: payments
Date: Tue, 30 Nov 2009 15:59:52 -0500
From: DennisLeyva@miamibeachfl.gov
To: btollestudio@hotmail.com
Hi Nicoletta,
May I suggest the following:
Sixth Payment - $16,228
Seventh Payment - $5,000
11/16/2009
Page 2 of 5
Best Regards,
Dennis
From: Brian Tolle Studio [mailto:btollestudio@hotmail.com]
Sent: Tuesday, November 10, 2009 12:56 PM
To: Leyva, Dennis
Subject: payments
Hi Dennis,
I hope my a-mail finds you well.
Regarding the adjusting of the payment, it would be great if you could divide the amount of
$32,720.00 in 2 stages by adjusting the payment # 6 and Payment # 7. We were thinking about
subtracting $16,360.00 from 35,992.00, which would make the 6th payment $19,632.00 and
subtract $16,360.00 from $17,996.00, which would make the 7th payment $1,636.00.
When we thought about this way of splitting the amount of total
would be helpful to have a higher amount for the payment #6,
fees.
Thank you for your cooperation.
Best regards,
Nicoleta
assistant to Brian Tolle
Brian Tolle Studio
705 Driggs Ave #4
Brooklyn, NY 11211
718.387.9639
adjustment, we considered that it
for the shipping and installation
Subject: RE: next steps
Date: Fri, 25 Sep 2009 13:55:05 -0400
From: DennisLeyva@miamibeachfl.gov
To: btollestudio@hotmail.com
Dear Nicoletta,
The City will pay for the actual cost of the permit fee and not for the work or services incurred by the Artist or their
representative to obtain the permit.
Additionally, the Agreement on Page 6, Article 4 Compensation, Sec. 4.3 and 4.4 states that payments are based
on submission of invoices and written Project progress reports and documentation.
4.3 ARTIST may submit invoices for compensation no more often than on a monthly basis, but only after the
portion of the Work for which the invoice is submitted has been satisfactorily completed and accepted by
11/16/2009
Page 3 of 5
the CONTRACT ADMINISTRATOR and/or ARCHITECT, as applicable. An original invoice plus one copy shall be
submitted to both CONTRACT ADMINISTRATOR and ARCHITECT, within fifteen (15) days of the end of
the month, except the final invoice which must be received no later than sixty (60) days after completion of
all Work by ARTIST. Invoices shall designate the nature and portion of the Work pertormed (percentage of
completion). All invoices must be signed off and approved by both CONTRACT ADMINISTRATOR and
ARCHITECT as a condition of approval for payment by CITY. A written Project progress report shall
accompany each invoice, describing the Work completed during that period. Photographic documentation
demonstrating progress of the Work shall also be included with each invoice, if required by the
CONTRACT ADMINISTRATOR.
4.4 CITY shall pay ARTIST only for Work satisfactorily performed and accepted by the CONTRACT
ADMINISTRATOR and/or ARCHITECT, as applicable, within thirty (30) calendar days of receipt by the
CITY of ARTIST's proper invoice. Invoices shall be submitted by ARTIST to the CITY as follows:
Furthermore, on page 21, Exhibit B, Compensation and Schedule of Payments states payments are based on
submission of permits and copies of the contracts signed by fabricators.
Please follow these requirements on all future payment requests.
Best,
Dennis
P.S. Attached is a copy of January 16, 2008, Commission Memo requesting increasing the budget of artwork from
$250,000 to $359,920 (including contingency fee). The memo has a line item budget based on the information that
Brian provided and it appears the Tine item for handling and storage won't be needed.
From: Brian Tolle Studio [mailto:btoliestudio@hotmail.com]
Sent: Tuesday, September 22, 2009 5:23 PM
To: Leyva, Dennis
Subject: RE: next steps
Dear Dennis,
Thank you for your reply. It seems that adjusting the Payment 6 is a more convenient solution. I want to draw your
attention to the Exhibit A -Permits and Approvals where it is specified that the City agrees to pay for any required
permit fee (please see below the mentioned section).
We estimated our expanses related to the permitting process to be between $5,000.00 and $10,000.00.
Considering these, please advise. Thank you.
Best regards,
Nicoleta
assistant to Brian Tolle
PERMITS AND APPROVALS: ARTIST shall prepare applications and such documents and design data
as may be required to procure approvals from all such governmental authorities that have
jurisdiction over the Project. The ARTIST shall participate in meetings, submissions, resubmissions
and negotiations with such authorities. The ARTIST shall respond to comments by such authorities
in a timely manner to adhere to Project Schedule. ARTIST shall be responsible for formally
transmitting and receiving permits to and from the respective jurisdictional authorities. However,
the ARTIST shall coordinate permitting and approval re/ated issues with the ARCHITECT, and copy
the CONTRACT ADMINISTRATOR on all permit related correspondence. The receipt of all necessary
permits is a condition precedent to the fabrication of the Work. The CITY agrees to pay for any
required permit fees. As of the effective date of this Agreement, it is anticipated that the following
governmental authorities or may have jurisdiction over Project.
11/16/2009
Page 4 of 5
• The City of Miami Beach Building Department
. The City of Miami Beach Planning Department
. The City of Miami Beach Public Works Department
. The City of Miami Beach Historic Preservation Board
Notwithstanding the above, the CITYs failure to identify governmental authorities that may have jurisdiction over
Project shall not relieve the ARTIST from the responsibility to procure all requisite permits.
Brian Tolle Studio
705 Driggs Ave
Brooklyn, NY 11211
718.387.9639
Subject: RE: next steps
Date: Fri, 18 Sep 2009 16:02:50 -0400
From: DennisLeyva@miamibeachfl.gov
To: btollestudio@hotmail.com
There are six payments left just tell me how you want the $32,720 adjusted9
From: Brian Tolle Studio [mailto:btollestudio@hotmail.wm]
Sent: Friday, September 18, 2009 3:05 PM
To: Leyva, Dennis
Subject: RE: next steps
Definitely can't deduct from one particular payment. Let me mull it over a bit.
Thanks Dennis.
Brian C.
Brian Tolle Studio
705 Driggs Ave
Brooklyn, NY 11211
718.387.9639
Subject; RE: next steps
Date: Fri, 18 Sep 2009 13:31:39 -0400
From: DennisLeyva@miamibeachfl.gov
To: btollestudio@hotmail.com
Dear Brian,
As per our conversation we need to make a modification to the Artist Agreement, Exhibit B Compensation and
Schedule of Payments, which totals $359,920; to reflect the correct amount of $327,200 as stated in Article 4.1 of
the Artist Agreement. The dollar amount of the adjustment is $32,720.
We can make the adjustment by:
• Adjusting Payment 6 by subtracting $32,720 from $35,992, which would make the 6th
payment $3,272; or
1 I /16/2009
Page 5 of 5
Divide $32,720 into the 6 remaining payments, which would reduce each payment by approximately
$5,453.
Best Regards,
Dennis
From: Brian Tolle Studio [mailto:btollestudio@hotmail.com]
Sent: Thursday, September 17, 2009 2:33 PM
To: Leyva, Dennis
Subject: next steps
Hi Dennis,
I've looked over the entire contract and understand the discrepancy you point out. First, I'd like to
know what your remedy will be. Once I understand what your approach, I may have some
suggestions.
Thank you,
Brian C.
Brian Tolle Studio
705 Driggs Ave
Brooklyn, NY 11211
718.387.9639
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11/16/2009