Email Re: Wendy Wischer Payment Schedule AmendedHatField, Liliam
from: .. Parches, .Robert
Sent:., Tuesday, April 13, 2010 6:02 PM
To: Leyva, Denni;>
Cc: Hatfield, Liliarn ~ •
;Subject: RE: Rayment Schedule Amended and Approved -Legal Opinion
thanks.
MIAMIBEACH
_ Roberf,Parcher, City Clerk
• CITY CCERK'S OFFICE - •
,1700 Convention Center Drive; Miami Beach, fL 33139.
Tel:'305-673-7411 /Fax:305-673-7254/ vuww.miamibeachflQOV
We are committed to providing excellent public service and safety to all who, live, work and play in our vibrant, tropical, historic community.
From: L'eyva, Dennis ""~ _,_ _,_,.-..,_ _ ,_,~,_,.__,...__
..Sent:. Tuesday,.April 13, 2010~5:34.PM •
To: Parches, Robert
Cc: Hatfield, Liliam ,
Subject: RE: Payment Schedule Amended) and Approved -Legal Opinion - -
• bear Bob,
According 4o the Artist Agreement;- Section 4.2 City has included a fifteen (15%) percent contingency fee, in the amount
of Four Thousand Twenty Three Dollars ($4, 023..00), to provide for unforeseen, costs. This amount, in whole or in part, is
to_ used by the City, at its sole discretion; is included for the sole benef-t of the City; and shall not be considered part of
Artist's compensation. ~ ,
Attacfied is the budget of the original Exhibit B for•$26,84:7 and the amended. F~chibit B for $2.8,823. Should. you have any
'further questions on this or any other matter related to this issue please contact our office.
Tharik you.
-..Dennis
Frorn: Parches; Robert •
• Sent:. Tuesday, April 13, 2010 5:24 PM ~ ~ •
To; Leyva, Dennis ,
Cc: Hatfield, Liliam -
Subject: RE: Payment Schedule Amended. and Approved -Legal Opinion ,
- Dennis,. FYI the original F_xhibit B was for $;26,817. The new Exhibit B is for $28,823. '
- Whythe difference? -
Bob ,
,.. MIAMIBEACH
Robert Parches, -City Clerk .
CITY CLERK'S' OFFICE;
-1700 Convention Center Drive, Miami Beach; FL 33139
Tel: 305-673-741 t / Fax: 305-673-7254 / www.miamibeachfl.gov -
" We are committed to providing excel%nt public service and safety to al! who, live, work and.p/ay in our vibrant, tropical, historic community.
1
from: ~eyva, uennis
Sent: Tuesday, April' 13, 2010 5:10. PM ~ '
To: Parcher, Robert "
. Cc: Hatfield, Liliam ~ ~ . .
Subject: RE: Payment Schedule Amended and Approved - Legal'Opinion
' ~ Hi Boti, . .-
Attached is the Amended Payment Schedule for Wendy V1/ischer's Artist Agreement approved by Max Sklar and. Hilda
- - Fernandez. 'Rlease add to copy on laser fiche. -
' Best,
Dennis.
..~....-~..__.___eµ.,..~..__.,.~,... __-,~.,.~. _ _~
From: Leyva, Dennis ~ `
-Sent: Thursday, April 01, 2010 5:00 PM '
Toc Parcher, :Robert. '
Cc: Aguila;'Raul; Sklar, Max
Subject: RE: Payment Schedule Amended and Approved -Legal Opinion
Bob, ~ - -
L will discuss with Max when he returns frorn vacation.
Thank-You,
`Dennis
From: Parcher, Robert.. ~ .
Sent: Thursday; April 01, 2010 4:53 PM -
To-Leyva; Dennis
Cc; Aguila, Raul; Sklar, Max
Subject: RE: Payment Schedule~Amended-and Approved-- Legal Opinion
. Dennis,
fVot~knowing the urgency of this matter, .i ann assuming, if. necessary, his designee can sign since the Manager will be .out
of.offce for-a~week or so.
MIAMIBEACH
"'Robert Parcher, City_Clerk
CITX CLERK'S OFFICE
1700 Convention Center Drive, Miami Beach, FL 331,39 ~ .
Tef 305-673-7411 L Fax: 305-6,73-7254./ www.miamibeachfl.aov- .
We are committed'fo providing excellent public service and safetyto all who live, -work and play in our vibrant, tropical, historic community.
~.~~m...~...,~~,.....__ n.._~..~~_-a .~.~.n~ .m,...-..vim.-...~,._..~....~,~._
. From: Leyva,°Dennis ., ~~
Sent: Th"ursday, April 01, 2010 3:35 PM
. To: Parcher; :Robert , : ' .
Cr. Aguila, Raul; Sklar,. Max
- Subject:`FW: Payment Schedule Amended and Approved -Legal Opinion
Dear Bob, `.
r 2
The Legal' Dept. opined the change in "Exhibit 8 Compensation and Schedule of Payments" of Wendy Wischer's Artist
Agreement is not substantive and can be handled by the Administration because the dollar amount is not changed. Legal
requested the City Manager initial the change.
Thank You,
Dennis
From: Leyva, Dennis
Sent:. Wednesday, March 31, 2010 2:33.PM
To: 'Wendy Wischer'
Cc: Sklar, Max.
Subject: RE: Payment Schedule Amended and Approved
.Dear Wendy,
As per your request attached is the amended Exhibit B Compensation and Schedule of Payments (page 19) of the Artist,
Agreement that was approved by Max Sklar.
Best Regards,
Dennis
From: Leyva, Dennis
Sent: Monday, March 22, 2010 12:52 PM
To: 'Wendy Wischer'; Sklar, Max
Subject: RE: Payment-Schedule Please Review/Approve
Dear Max,
Attached is the new payment requested by Wendy and the original payment schedule.
Please review and approve.
Thank You,
Dennis
From: Wendy Wischer [mailto:wendy@wendywischer.com] ~ ~~~~~
Sent: Monday,' March 22, 2010 12:40 PM
To: Leyva,'Dennis
Subject: Re: Payment Schedule Please Review/Approve
Hi'Dennis,
I have reviewed and approve the amended payment schedule.
Thanks -Wendy
On 3/22/10 12:T3 PM, "Leyva, Dennis" <DennisLeyva@miamibeachfl.gov> wrote:
Dear Wendy,
Please review and approve the amended payment schedule based on your request before I submit it to Max for his
approval
Thank You.
Dennis
MIAMIBEACH
Dennis Leyva, Arts & Entertainment Liaison
TOURISM 8 CULTURAL DEVELOPMENT
1700 Convention Center Drive, Miami Beach, FL 33139
Te1:305-6042477 /Fax: 305-673-7772 / vrww.miamibeachfl.gov <http://WWw.miamlbeachfl.ggV/>
We are committed to providing excellent public service and safety to all who live, woAc and play in our vibrant, tropical, historic community
WENDYWISCHER
EMAIL WENDY@WENDYWiSCHER.COM
URL WENDYWISCHER.COM
4
a~ 089- Z7~'i8
- City shall pay Artist the total sum of Twenty Eight Thousand Eight Hundred and' Twenty Three
Dollars ($28,823.00) 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 Administrators and/or Project
Coordinator's acceptance of said portion of the Work as applicable.
A Payments to Artist shall be made for Work satisfactorily completed in accordance with the
progress toward completion of the Project based on the below schedule:
1. : Four.Thousand Dollars ($4,000.00) .(which is approximately 15% of the fixed fee) - to
be paid uponthe signing of the.contract.
2. Seven Thousand Dollars ($7,000.00) (which is approximately 24% of the fixed fee) - to
be paid upon acceptance by the Contract Administrator and Project Coordinator of a
project.time-line; Scrape of Work, aR desigNdevelopment including pre-engineering and
. permitting .(design development), and specifically: testing of .materials and electrical
- drawings for installaition of lights, as further' provided in the Scope of Work; and -a
' sample of the metallic paint. ~ .
' 3. Eight. Thousand Dollars ($8,000.00) (which is approximately. 28% of the fixed) - to be
paid upon submission and . approval by the Contract Administrator and .Project
Coordinator of signed .contracts for aA the materials.
4. Five Thousand ($5,000.00)_.(which is approximately 16°/0 of the fixed fee) -;fo be paid
upon approval by the Contract Administrator and Project Coordinator for 100%
completion of the installation of glass tiles. -
5. Two Thousand Dollars ($2,000.00) (which is approximately 7% of the fixed fee) - to be
' paid upon approval by the Contract Administrator antl Project Coordinator for 100%
completion ~of the installation of the lights.
6. Two Thousand Dollars ($2,323.00) {which is approximately 8% of the fixed fee) - to be
.paid after a physical inspection of the artwork is fully instaNed and submission to and
approval by Contract; Administrator.and Project Coordinator of Photo Documentation as
outlined in Section.. 2.4 of this Agreement. ,
. ~/~~~
~l~
Hatfield, Liliam
From: Leyva, Dennis
Sent: Friday, April 16, 2010 4:51 PM
To: 'Wendy Wischer'; Hatfield, Liliam
Subject: RE: New Address Wendy Wischer Artist Agreement
Dear Lilly,
See below email from the artist Wendy Wischer requesting an amendment to page 6 of her Artist
Agreement, Article 4 Compensation, Section 4.6 with the following: 2449 Novus St. Sarasota, FL
34237
Thank You,
Dennis
From: Wendy Wischer [mailto:wendy@wendywischer.com]
Sent: Thursday, April 15, 2010 11:23 AM
To: Leyva, Dennis
Subject: New address
Hi Dennis,
Per our conversation my mailing address changes at the end of this month.
The new mailing address is 2449 Novus St. Sarasota, FL 34237
Thanks -Wendy