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HomeMy WebLinkAboutresolution.council.021-10RESOLUTION # ~ l (Series of 2010) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND WEBB MANAGEMENT SERVICES SETTING FORTH THE TERMS AND CONDITIONS REGARDING WHEELER 21sT CENTURY MASTER PLAN NEEDS ASSESMENT CONSULTING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and Webb Management Services, a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and Webb Management Services regarding Wheeler 2151 Century Master Plan Needs Assessment Consulting services, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: ~ ~~~ ichael C. Ireland, ayor =tee- oi~ I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March 8, 2010. Kat S. Koch, City Clerk the CiN of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT - 2009 PROFESSIONAL SERVICES City of Aspen Project No.: ''010-002. AGREEMENT made as of 8't' day of ~4arch, in the year'_010. BETWEEN the City: The C ih~ of Aspen c!o Wheeler Opera house 130 South Galena Streei Aspen, Colorado 81611 Rhone: 0)701920-BOSS Contract Amount: Total: $SQ000.00 And the Professional: Duncan Webb cio AA'cbh't-(anasement Services 27 West 24'x' Street, Soitc 407 New York, NY 10010 Phone: (212) 929-5040 For the Following Project: If this Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. CiN Council Aooroval: Date: March 8, 2010 Resolution No.: I 4\'heeler (?pera House Needs :Assessment Exhibits appended and made a part of this Agreement: Inhibit ~~: Scope of w'orh. F,xhibit I3: Houriv Fee Schedule. 13xhibit C: Webb h1au:~*emeirt Services Proposal Agreement Professional Services Page 0 The City and Professional agree as set forth below. 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and Gaze and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than .l une I5, 2010. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Pavment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they aze considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assi nability. Both parties recognize that this Agreement is one for personal services and cannot be transfened, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the ternnation. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepazed by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of Agreement Professional Services Page 1 any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be detemuned. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, aze available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or aze in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition Agreement Professional Services Page 2 to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance insufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary Agreement Professional Services Page 3 insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits aze in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The pazties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. Citv's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual aze kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of A¢reement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there aze no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. Agreement Professional Services Page 4 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbeazance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenantor condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbeazance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Ille¢al Aliens -CRS 8-17.5-101 & 24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. Agreement Professional Services Page 5 "Public Contract for Services" means this Agreement. "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that aze merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is eazlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: Agreement Professional Services Page 6 (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal. alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 16. Warranties Aeainst Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for Agreement Professional Services Page 7 ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks. and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 18. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, temunated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there aze no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Agreement Professional Services Page S IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date fast written above. ~ C.I~T/Y O( jF ASPEN, COLORADO: ~ IsG~ By: Md~LD~ ]Marne] Date: ~ ~ 1~ Approved as to form: tomey's Office P`RO1TFlESSIONAL: / [Signatwe] \\_\ ~~] p \ Title: ~~.5 i c1U/~v `C~ Date: ~2.1 ) EXHIBIT A Scone of Work Agreement Professional Services Page 9 eNallenges From om perspective, du Wheeler Opera Hour Ne<da Assessnunt is ut exciting utd rlul- Irnging projat for a number of reaxnv. hirst of xll, the \Y/hcekr Opera Roux is a well-loved institueian in Aspen. 13ur as a theater built in the 19th century. it it fundamenully wnstrained in iu ability to xrvc audiences urd anion hr dte 21st cenwry. \iPe must thaefotc determine how czisting Facilhirs might ben be used In nc~ future and thus, ff approprlare, advanu plans fur additional faciliti<a drat comphnuut the IX'luekr and ocher spans. A xnond challenge is that dixussions around the future oC nc~ Whedcr and nc~ nenf For additional facilities Gave he<n ongoing for years. en the point that many people in th< rommuniN have already mkcn a position ms wbat should happas. Our challenge is themfure ro lying cleu and objeaivc infor- 8 marion and insights irno nc~ dixussiun duralluw public and private sector leaders m build a 0 o comcnsus around one act of tccommcnduions. rr g m 0 scope of sorviaes n F»llow7ng is a description n(the xrvices we would offer to the Ciry of Asp<n with respect m plan br improvemmu to the existing yudorming arts Cxilities and the potential need For "y other new fxcilitks + ,LI AT E RIALS REVIEW: Neview any previous r<prrrts and/or plans created for or by n „ the City of Aspen mgarding nc~. Wheeler Opera I [Dose or ocher performance facilities, as well as odor regional usdlor relevant studies arowrd the Aspen cultural conununity, Roaring Furk Inhlxtivcs and more. + MARK R'r ANALYSIS Define and evaluate the ntrrenr and hnurc market area for uts progruns curd fuilitics ht Aspen and the surrounding region using a vazirty of local and regional data. nnrrkrt area r/~nition eti semapttp/iio ann/yrir: Using the locations of existing ticket buyrcrs, map card define the maker for current Wh<rkr Opera Flouse programs. Uexribc th< populadon In terms of stzc, att of growth and demographic factors, such as level of educaziowl atrainmenr, age, disposable income and race. Evaluate the strengths and weaknesses of the maker area bued on national trends in uts participa- tion. tdemify key muka xgmenta fn audience and program devdopmenr. ,qro-e(rnrogrvtphic nsrn/iris: Using dtc PRI'L67 mudd devrblx~d be CLrritaa'. ~vhidr defmcs the papularioit in corms of specifi<vuiabks d,at play into puuntial aru anen- dwm<, investigate the presence of acrivr arts participants in the market aru, and their capacity to suppon programs at new err improved Fadlitics. rrwnr/donsr-orunrrx mmlysir: Using Census housin y_ <sdmases utd ury other available 20 Agreement Professional Services Page 10 mazkct mseardr, tvclup a prof le of second homcuwn<u in Aspat and the surmwtd- ing rcplon in onset to urns the poential develnpmrnt and expansion of this market segment. - r+rxrrrngmrdirn~ rr analytu: Consider rIK siu and charxttriscics of the non-residrm ugment erf the market (i.a murisu). Tea the au ortivenns of this market ttgmcm in tarms of rhelr potental auendance and partidparinn {n Aspen progams and fncili- IItS. + WHF.ELF.R OPERA HOUSF. PROGRAM K ASSESSMENT: Working closely wide \X/heelrr Opera House stalY, assemble information on existing programs, activity levels and utilization acnds, opcmtiagpolicy and financial information w.uscas iu support of and service ro local artitts and organirations, rcaidcnt and visiting audiences, and the bmadrr goals and intemsrc of the City of Aspen. t USER DF.MAN D: Uang information gathered by farewxll Mills Gauch Architects in Frbmary 21yp9, understand tIK carton facility sintaxiun and potential luility nerds of ~ Wheeltr Opera Hmssr staff, regional anis[s and arts organi¢aiant, including space for per- a a fonnarsce, rcheaual and related programs. Supplement existing information with huervicero 3 and/or surveys as msd if rcquirrd. llndersrand ¢gtonal groupl raparig m pap for access m n new or improved spaces. n 3 + TOURING PRO UU C7 PGTEN TIAL: Interview Impusarlus, prmnmrrs and presenters who nurendy bring inuring area and nrrerrainment progmma ro rhr Roaring Cnrk Valley nn nc~ alctplacy of tim Wheckr Opera Hnntt and otiKt fiahucs for their programs and tIK potcmial w bring additional touring programs w nc~ marker given new or improved n I9r111[IeS. u + EXISTING FACILITY ASSESSMENT: Rsvicw the siu,xansibiliry andlocation of perfsrming arts fu:ilities in and around Aspen, including Jte }snaring Fork Region. Map the locations of these faeilhics to undrratand their pmximhy to one another, and their aa'ea- sibiliry ro aanaporwcion and kry population bases. Asuss th<sc facilities in arms of quxlisy siu, a(Ibn{ability xtivity, utt and awilahiliry, and identify gaps in the invenmry that a,old Lx filled by new or impmvrd facilities. + FAGILI'1'Y AECGM MEN UA'I'IO NS: Review proposed plans fttt new or imprrnd Ixilitics and alter preliminary recummatdations to the City ms the six, shaFx, llcxibiliry and tuncrionaliry of spaces initially propoed u well as the nwd for any additional t"uiliries. • CGMPA RAH LE PROJECTS: ldrntily communirics simile in siu and charaacrta Aspor spar have sucrossfully developed and supporrad facilities and programs similar m thou recommended. llescribe those facilities in terms of siu, componenu, location, wn and kns to success io order to inform and vxlidam nc~ choices being mark' for Aspen. Spcciftcally dis- cuss partnership sunregies br~•een rhr public and priwrc secmr than have lei m zusrainablc cuhuml farilhy developmcm card opemtlan. + ACTIVITY PRO FII. F.: fkurri on the marker anal}aix and initial rnsmnrcndat ions. pmparc an aalvity pmRle for all programmable spares in mcnmmemk:d fuilidea, listing tyl+rs and hwds u( use by local artias and orguni~ations muting pmgrauu, educational programs :card utlKr uses. Also cstinsate potential mvenue generation in theK spaces ly local usd war- 11 ing prograns. Agreement Professional Services Page l 1 + SPACE PRU GRAM: Ucvdnp building pmgranss fur recommended Ixciktics as an Fxcel sprcadahmt that sielines and measures all rooms in reeommmded facilities, including public, spaces, pcrl'onnana spars arzd support spaces. + StTF. AN ALY515: lluikling nn remnt inhxmation developed fry Farewell Mills (iaraeh Architects, assess potnuial sites and trlevant existing strunures tiucluding \`i/Ireckr Opera I~lousr) far th<drvdopmcm of new factlitira az pmvid<d by the City. Consider thrx sites and svucmrcs in terms of their overall suitability for development, current mndicions, feasibility to adapq planning challenges and con to accommodate the r«ommended hu8ding pmgrazn. Prioritize theft nptians in arms of criteria agrenl and inked in xivance with [he City. + ORU ER-OP-MAC, NITUUE CAPITAL IIUUGET: Enintatc the con o(improv- ingand/or adding new facilities hued on the space program. knowlsxlge of hail and natimtal snnaruction mica and the lwmntial sites sclectal (ior devdopnsrnt. + ORUER-UF-MAGNITU UE PRO-PORAtA (GPE RATING BL`UGE7: 6evelnp a preliminary pen-forma operating Nudger for rccommendrti facilities that estimates new rvrnttl hwonre and operating expenses in order w forceas[ additional. annual funding increaua and impacts on nc~ existing opcmting svu<mrc and organization. + QUANTITATIVE ECONOMIC IMPACTS: l'orccaat the <conomic impact of new nr imprrned facilities, including the impacts of construtuion, operation and ancillary spending associated with attendance at Gcilitics. Use the l(IMS 11 model developed by the Bureau v( hconomic Analysis m estimam the direct and indimu impacts of the project on the prcviously- defined marker area, including outputs, increased nrnings and employment. + QUALI7ATIVE ECONOMIC IM PACT 5: Consider how Various devcfopm<nt options support the broader goals of the mtnmuniry in such area u nduual murimt, enlsanc- ing cducatinnal oplwnunities, rccmiting new businesses Iv dm urmmunity utd building a stronger sense of place and community engagement. Support these assertioro with ease Wadies from other cmnmwtitiea aztJ provide rrcmnnundations as to how the project should proceed sv as to maximfrx thcac bcncfiu. + CRITICAL PATH PLAN: Crrxtr acriticnl path pluc (sr the \Yrh«kr Ol+rm }'louse utd the Clty u( Aspen that idrsuilics lay milestones and duullincs towuds new and/or impmvrd facilities. + REPORT & PRHSEN'CATfON: Pmsent tht findings and tecommendatimts of the needs assessment and deliver a drak report. Incorporate feedback from the client and issue a final rctxrrt. t4meline \Y/c azc ready and wilWtg w bclju the study when audwriud by nc~ ckcnt. VOc would expect to cmnpktc the study within nvelvc w founcen weeks of convict award. We could potentially increase our timeline if rrducstni by the diem. f 0 r S u 0 0 a h b r 21 Agreement Professional Services Page 12 EXHIBIT B Hourly Fee Schedule Agreement Professional Services Page 13 prafasalanaifaas We would propuae lump-sum professional fees of $44.000 plus reimburs5blc ezpenxs to corm piece rhr urvices described in rhia proposal. csxpansgs Expenses are billed (ar rose) in asklition w fees, for travel to Aspen, cnmmunlcarlons (i.e. rdc- phone, fax, cornier, printing) and the purchase of data tclarcd to the assignment. We would do rveq¢hing poxsible to minimim thrx expetses and wouid look w rhr City lire aszistanre in xeking local areommudirion on our behalf and booking nips far enough in advance to minimirr air farca. Abe would agar to cap expenses as per the ('allowing estimate: 4 person-trips az $1300 $5.200 Communications and Uaw Purchau 800 $4000 additional at~rvlcae Fres any additional scrvias failing ouuidc of drou dcxribcd in this proposal will br nrgnti- aad as and if appropriate. 2010 hourly rams are as follows; Ems have been diarmmred leer rhr services deurilxd iu this proposal. lluncan Webb 820U Harry 7eaguc 8200 Michael 6iRlasi $"1,00 Carrie Rlake 8150 i.iz Rlaamfield 8125 bliiing Ems avould be billed cuh month baud nn the progress of the study. term of proposal This pmpmal is valid far a period of 90 days, b<gJnning Eebruarp 3, 2010. E C 6 3 u x S3 0 n K R 24 Agreement Professional Services Page l4 i, lent Wheeler Opera House Expansion Needs Assessment Prepared for the City of Aspen Due Date: February 5, 2010 by 3.OOpm contact: Duncan Webb Webb Management Services 27 West 24th Street, Suite 407, New Yark, NY 10010 ph. 212.929.5040 fx. 212.929.5954 duncan ~rvebbmanagementservices. com 1. proponent profile ......................................................3 2. proposed team ..........................................................7 3. representative experience .........................................13 4. approach .................................................................20 5. work in progress .....................................................23 6. compensation ..........................................................24 g ro 3 m m rc m ro w ro n ro m 2 W®bb Management Service, Inc. is one of the manent nation's leading providers of cultural and project planning services having completed more than 230 assignments. Our mission is to support the creative process with sound and imaginative planning and services that lead to cultural and community development. We believe the arts play a vital role in shaping our world. Through consulting, training and research, our firm works to strengthen the management and planning skills of the decision-makers who create and sustain diverse cultural communities. Clients include local governments, colleges and universities, nonprofi[ arts organizations, development agencies and other entities exploring cultural development Assignments include consulting, training and research projecxs as follows. Facility Develapraeut: Comprehensive planning studies ro provide clients with the information needed [o make in[elligent decisions about the construction, renovation, restoration or adaptive re-use of cultural facilities. These studies generally include analysis of the market area, evaluation of possible uses and users of po[ential facilities, inventory of other regional facilities, and impact assessment. Facility Operatiovu: Studies to guide clients towards the successful operation of cul- tnral facilities, addressing governance, staffing, operating policy, facility maintenance, community access, pro-forma operating budges, economic impact and funding. Organizatiaua! Advav2cement: Strategic planning for cultural organizations and facilities addressing s[rategies for audience development, earned revenue growth, capitalization, organizational evolution, staff re-organization and board development. Tasks include organizational audits, stra[egic planning, financial planning and market research for producing companies, presenters, and service organizations. 3 Strategic Collaboratioru: Studies and ongoing consulting to foster strategic alliances among nonprofit ar[s and cultural organizations, from cooperative projects and initia- tives, to the coordination or consolidation of programs and services, and finally to the consideration of mergers and their ultimate implementation. One of the great challenges in the nonprofit arts secmr today is building staff and board member skills to effectively manage the challenges of operating a creative enter- prise in a compe[itive and changing environment For that reason, we offer training programs in a number of areas, including facility operation, finance, strategic planning and board development. ro The world of arts and culture is changing rapidly. Staying attuned and responding to ~ current issues and trends can mean the difference between organizational survival and. m failure. We undertake research initiatives for communities, foundations, and govern- m ro menu on a commissioned basis. ~ ro ro K ~{~i .69~~r~s ~i~ % t0 N In addition to the la[est market research available, outside publications on cultural industries and our own body of knowledge derived from years of experience with differing communi- ties, Webb Management Services is committed to developing and drawing on its own unique resources. Released in 2005, Duncan Webb's first book reveals [he best practices that consistently lead to operating successful theaters. Culled from surveys and interviews with more than fifty top theater managers and experts, this guide provides proven and successful strategies from managers, staff, and volunteer leaders covering virtually every aspect of running a theater: audience development, fundraising, facility development, pro- gramming, community involvement, and much more. Special sections cover physical maintenance, technology in theaters, staff and board developmen[, and education in [he arts. 4 In April 2007, Webb Management Services hosted a conference in New York Ciry to consider the future of performing arts facilities. Over the course of rwo days, forty performing arts facility managers from around the country worked through a series of presen[ations ms~n~Pin and discussions on audiences of the future, where performing arts disciplines are headed, trends in tkte area of arts funding and how, then, buildings should ,~~>,ng ark be planned and developed in order to succeed some ~4 Cep twenty-five years from now. Q ~~ N ~ Our expert panelists, relevant research and resulting ~ "" discussions indicated [hat, on the whole, performing arts spaces will become smaller, more flexible, less ~"'"'""°"~ permanent and less formal. Equally impor[an[ is the idea of designing facilities that support amateur community programs and attract younger audiences with the pos- sibility of an enriching social experience. A narrative report outlining discussions and conclusions was published in a monograph released by Americans for die Arts. I[ is available at www.americansforthearts.org. fil'[lt t~~$~1~ Webb Management Services was incorporated in New York State as an "S" Corporation in March 1997. We are aprofit-earning, fiscally-solvent entity with an unblemished credit record. Webb Management Services currently employs three and a half full-time equivalen[ employees who all share similar responsibilities. Current staff includes Duncan Webb (President and Principal), Carrie Blake (Project Manager), Liz Bloomfield (Project Manager) and a Research Associate. Webb Management Services offers a strong value proposition to our clients on the basis of the following: Everyone here has worked professionally in the arts industry, as facility man- agers, producers, presenters, performers, educators, marketers, fundraisers and financial managers. In addition, we are all trained in business and finance. This 5 combination of skills means that we can work closely with artists and arts orga- nizations, understanding their creative drive and aspirations. At the same time, we are credible with trustees, businesses and government leaders in our ability to develop projects that are achievable and sustainable. Our national practice and many years of experience has made us big [hinkers, able to search for creative solutions from a huge body of knowledge and a diverse network of industry leaders. We are fundamentally team players, able and willing to work closely with architects, developers, project managers and other specialists while representing [he in[erests of the Ciry of Aspen. Webb Management Services, Inc. is based in New York Ciry with a network of col- laborators around the country. Our contact information is as follows: Duncan Webb, President Webb Management Services, Inc. 27 West 24th Street, Sui[e 407 New York, NY 10010 ph. (212) 929-5040 fx. (212) 929-5954 duncanOo webbmanagementservices.com c m a m r m ro ro .~ A rn m C, Webb Management Services has assembled a team of professionals wi[h specific expertise to provide the City of Aspen and Wheeler Opera House wi[h a successful study process. Bios for each team member, along with firm resources, experience and references, ate included in this proposal. +~y~g Webb Management Services 111AlfA;+~!11~®tit 27 West 24t1t Street, Suite 407> New York, NY 10010 t. (212) 929-5040 f. (212) 929-5954 www.webb managemen [servi ces. co m Duncan Webb, President ~ Carrie Blake 'd' Liz Bloomfield Webb Management Services, Inc. was founded in March 1997 as a management consulting practice for the advancemen[ of cultural organizations and [he development and operation of cultural facilities. Services include planning for organizational advancemen[ and cultural district development, facility feasibility s[udies and needs assessments, facility and organiza- tion business plans, project management, presenting and programming support -all for arts and cultural purposes. Since its formation nearly 13 years ago, the firm has completed over 230 projects, delivering effective, efficient, comprehensive and collaborative services. Webb Management Services is dedicated to the advancement of the nonprofit arts sector and believes strongly in the societal value of the arts. Harry Teague Architects 129 Emma Road, Suite A HARI2YTEAGUEARCHITECTS gasalt,CO 81621 t. (970) 927-4862 f. (970) 927-4892 wwwteaguearch.com Harry Teague, Design Principal Harry Teague Architects was established in Aspen in 1975 and has since produced. nation- ally recognized, award-winning, and much loved arts, cultural and educational facilities, civic structures, affordable housing, mixed-use projects, lodging, commercial projects and homes. Our practice currently has five design professionals and support staff who collectively bring a depth of experience and diverse range of skills to each project. We have 35 years of experience in master planning, sustainable design, innovative material detailing, user and community facilitation, and fundraising support for nonprofits. We ate committed to design excellence in all aspects of our projects and have a proven track record for innovative design and imagi- native solutions. Harry Teague Architects was named Architec[ure Firm of the Year by the Colorado AIA in 1994 and by the Western Mountain Region AIA in 1995, and Harry Teague was named the Architect of the Year in 2000 by the AIA Colorado. ro er 8 m m ua m 8 a .~ m" 4 A ro N 7 Schuler Shook THEATRE Pl1lNNEEtS 123 Third Street North, Suite 210 L1GI((ING DESIGNERS '. Minneapolis, MN 55401 c. (612) 339-5358 f. (612) 337-5097 wwwschulershook.com Michael DiBlasi, Partner Schuler Shook is an internationally recognized theater consulting firm with extensive experi- ence in the planning of performing arts facilities. Founded in 198C, by Duane Schuler and Robert Shook, and with offices in Chicago, Dallas, and Minneapolis, the firm's expertise includes venues ranging from intima[e 100-seat theaters to 3,000-seat opera houses to 15,000- seat music theaters, all designed with one common set of goals: to enhance the relationship between [he performer and the audience, and to support the creative work of the performers, directors, designers, and technicians. Schuler Shook designs performance spaces that work. a q m r A ~_ w m "< n ro N Duncan M. Webb founded Webb Management Services, Inc. to provide management consulting rervices to the arts and cultural industries. 7lie firrn bas now successfully com- pleted neore than 230 eomult- ing assignments for the develop- ment of facilities and districts, and for the advancement of cultural organizations. Exant- Ales of assignments include a Feasibility Study, Site Analysis artd Businesr Plan far New Per- forrningArts Facilities in Racb- ester, NY, the Truckee-North Lake Tahoe Feasibility Plan for Artr and Culture, arad ongoing work with the Lo:uer Manhat- tan Development Corporation on plans for new performing arts facilities at the World Trade Center Mernorial Site. Duncan's career in the arts began onstage as a lovesick maiden in a 1969 production of Gilbert and Sullivan's Patience. After college, he became a banker, spending seven years in commercial lending and international finance. In 1986, after many years of volun[eer work in the arts, he came into the field as a producer of experimental, indus[rial and commercial theatre, with such credits as the Canadian premieres of Changing Bodies, Children of a Lester God, Blood Brothers, Orphans, Marshall Bravestarr and Barbie and the Rockers. He also developed marketing and sponsorship pro- grams for the Canadian premiere of Les Miserables. In 1989, Duncan joined Theatre Projects Consultan[s as a management consultant, writing feasibility studies for a range of performing arts facili- [ies and ul[imately becoming the general manager of the North American practice of [his theatre consulting firm. He then spent two additional years at AMS Planning and Research, doing similar work before starting Webb Management Services in March 1997. A Certified Managemen[ Consultant (CMC), Duncan has been an active speaker and published writer on arts management and the development, operation and financing of arts facili[ies. In January 2005, Webb's book Running7heaters• Best Practices for Managers and Leaders was published, the first book ever written ors the management of performing arts facili- ties. He is also a professor in New York University's Graduate Program in Performing Arts Administration, where he teaches Finance and Planning for the Performing Arts and Principles & Practices of Performing Ar[s Ad- ministration. Duncan has a Bachelor's Degree in Economics from the University of Western Ontario and a Master's Degree in Business Administration from the University of Toronto. He currently lives in New York City with his wife and two children. *4 a v 3 m m ra 8 re a rt c ro m 9 Carrie has gained extensive knowledge on the operation and function of arts organizations through her work with various independent, govern- ment-based, and university arts organizations. Carrie Blake joined Webb Management Services, Inc. in January 2006. At Webb Management Ser- vices, Carrie works as a Project Manager and Consultant on a number of projerts. Examples include a Fertsibility Strsdy for the Topia Arts Center (Adarns, MA), Ray Evans Seneca T{ieater Renovation Feasibility Study, and a Needs Assessment for the Renovation of the Modjeska Theatre in Milwaukee, Wl. Before joining the firm, Carrie was the Associate Producer for the Office of Arts & Cultural Programming at Montclair State University (NJ) where she played a pivotal role in [he establishment of an ambitious new present- ing and producing program. Collaborating with innova[ive experimental artists from across the nation and around the world, Carrie coordinated regional, national and world premieres while working to establish identity, presence, structure and policy fot MSU's new venture. Prior to working at MSU, Carrie developed and managed fundraising ~ events and campaigns for both The Drama League, a New York Ciry-based ~ nonprofit committed to developing artists and audiences for the American m theatre, and the Madison Museum of Contemporary Art (Madison, WI). ~ ro Through her Master's Degree in Business at the Bolz Center for Arts Ad- ministration, University of Wisconsin-Madison, Carrie completed a ven- ro ture development business plan for the Wisconsin School Music Associa- W e," tion and a marketing research study for the Madison Symphony Orchestra. w Her independent gtaduare research focused on the university aas present- ers' multifarious existence within university and community contexts. Carrie earned a dual BA in Music and Arts Adminis[ration from the Uni- versity of Kentucky. A native of Cleveland Ohio, Carne's commitment to the arts first began at the age of nine when, after becoming fed up with the antics of her creatively destructive brothers, she picked up her first clarinet. 10 As the principal designer and founder of Harry Teague Architects, Harry Teague's work is distinguished by freshness of design approach, inven[ive planning strategies, and attention to the cra& of cons ruction. His diverse practice includes architectural design, site planning, industrial design and community facilitation. An experienced builder, Mr. Teague has reinveno- ed Colorado vernacular architecture and transformed it by his skilled and thoughtful introduction of contemporary materials and building technol- ogies. Mr. Teague grew up in Alpine, New Jersey, graduated from Dartmouth College in 1966, and has lived in Colorado since receiving his Master of Architecture from the Yale School of Architecture in 1972. He began his practice as a designer/builder, and constructed all his designs for the first seven years of his career The firm has since grown to its current size of nine professionals, but continues to stress ahands-on knowledge of construc- tion. Mc Teague's work has been included in several exhibitions on the subject of contemporary western architecture and on architectural detailing. His work has been published in[ernationally in magazines and books, and he has received over fifty regional and national design awards. He has lec- tured and taught throughout the country and has served on numerous professional design award juries. HarryTeague strives to produce an archi- tecture for our time, architecture that has a positive effect on our society, and architecture that elevates the human spirit. Stare of Colorado 1978, No.201392 State of Pennsylvania 1986, No.010150-B State of Wyoming 2001, No. C - 1835 NCARB Council Certificate, No. 62,321 1972 Master of Architecture Yale University, School of Art and Architec- ture 1966 B.A. History of Architecture, Dartmouth College a m m as c a9 a n 0 N I1 Michael DiBlasi's background includes lighting design for dance, opera, theater and special events which provide a strong basis for his theatre consulting work. 7}tis hands-on understanding of [he requirements for performance venues, including technical, functional and aesthetic issues, provides an invaluable resource to the design of [heatre facilities. His ac- complishments in theatre consulting include renovated and new perfor- mance spaces for professional and educational facilities. Colonial Theatre, Pittsfield, MA Paramount Theatre, Charlottesville, VA Wayne Theatre, Waynesboro, VA Shuber[ Center for [he Arts and Education, Minneapolis, MN Boston Opera House, Boston, MA Westminster High School, Westminster, CO ~, Riley Center, Mississippi State University, Meridian, MS n ~ Plaza'Iheatre, El Paso, TX n Panasonic Theatre for Blue Man Group, Toronto ON '" , Mabel Tainter Memorial Theatre, Menomonie, WI Morris Performing Arts Center, South Bend, 1N Cornell College, Mount Vernon, IA T.B. Sheldon Audi[orium, Red Wing, MN Pantages Theatre, Minneapolis, MN Empire and Majestic Theatres, San Antonio, TX Orpheum Theatre, Minneapolis, MN USITT Merit Award -Pantages Theatre USITT Merit Award -Theatre de la Jeune Lune BFA -Boston University American Society of'Iheatre Consultants U. S. Institute for Theater Technology ]2 Below is a list of projects that are representa[ive of the unique skills and experience of our firm and its personnel. A complete list of our 230 completed projects is available upon request. The following pages include 6 more de[ailed examples of relevant experience for Webb Management Services, Harry Teague Architects and Schuler Shook. 1'rortori T hearer Fxpareimt and Arts Di#ritt Frazibility.Study Sdrn¢rtady M' North Aunmr Presbyterian Church Reum Plan, hew Rnohe/%, NY Feasibility Sttdy for thr Topia Ara Center, AAamr, MA Market Study and Neu(r Assessment far a Renovated Loew i Kings Theatre, Brooklyn, NY Feasibility Study for the Fzpmuim+ of the WYO Theater. Sheridan, WY Frasibi/ity Stutw for the Reluration of Bay Sn~eet Theater, The Hamptons, Lomg Gland, NY Nreds Asresnnntt t5' Burireeu Plarsuing for New Arts Fari/itier, Gested Butte, CO Meniweather Post Pavib'me Feasibility Study mtd Stmtrgie P/au, Columbia, MD Feasi6ilirY Study for a Nero Ampbirbeater in Fairfax Cororry; Fairfax, lA Concept Rrview and Bnrinen Plax for a OnugGu County Aruphithmter; Srdalin, CO Nerds drsesrmrnt for the Renovation of Sunken Gardau, San Amm~io, TX ' Fe,uibility Srodyfar New Culnvul Facilities. Glenwood Springs, CO Cvfnva/ Facilities Needs Assenment rr Bvsinesr Plan, West Ho/lyrcood. CA hfrnket Snrdy eir Business Plun for a Nem Marir L'enue, Fart Calling CO - Durham Per forming Arn Facilities Feasibility Study. Drohaw, ArC Cultural FariBties Mmterp/an, Fort Cbl/ins, C'O Demand Analysis far Sruull-SraLr Cu[rura[ Farilitier. San lost. CA City ofDallas Commrmity Gdnrral Master Plun, Ual[as, ]X C,'nrY Cultural Dimict PLrn and Frasibi/ity .Study, Cory, NC Theatre Oprrvtions and Orgmtiwtiw+ Sn+Ay Ln Mirada, CA A Bruinesr Plau for A New Nome, Nnnmml Dmrre Institute, New York, NY Concept Development d Rasimrs Planning far Neu Culntm/ Fao/ides at Cberokn Rm¢h, Sedalia CO Rusn+as Plan Jot Cmmmuniry Ara Facilities. Parka, CO llninersity ofMirsouri Performing Ares Facilities FeusiblGry Sntdy: Columbia, MO Strategic Business Plan for a Nnu Visual v Performing Arn Cnuer, Falsmn Lakr College, Fallout CA Maryville College Fiore and Performing Ara/Civic Cotter Feasibility Study; Maryvil@. TN George Mawn Unirerity Priam William Campus Performing Arn Caurr, Manasras, lA Po a N At pR W a ur s n ro u• 13 IVeeeis Ass+essrnent $c ~usirtess P'ian for ~o~ Arts ~alciiitios, {~ler~twood ~iarings, CO (~QU7) In February 2007. Webb Management Services tuas hired by the City of Glen- wood Springs to assess de- mand for new performing arts facilities. Glenwood Springs h located on the Western side of Colorado in the Rocky Mountain Valley at the confluence of the Colo- rado River and Roaring Fork River. Glenwood Springs is home to the world's largest hot springs swimming pool ared it famous for its many year-round outdoor activi- ties. In the first phase of work, a needs assessment, we considered demand on part of local arts organizations and other users, the market po[ential for new per- formance facilities, [he competi[ive situation and the City's long-term goals. The market analysis was particularly important, assessing the po[ential for Glenwood Springs to attract regional residents and its significant visi[ing population. We then developed a series of initial conclusions and recom- mended several facility components. A more detailed analysis of the recommended concept indicated a projec[ of a scale beyond the capacity of the Ciry and community. Working with the project committee, we then proposed dividing the facility concept into four distinct projects, many of which could be fulfilled by utilizing existing facili- ties and planned developments. Specifically, we recommended [he pursuit of adaptive re-use opportunities for smaller components and then the develop- ment of a 600 to 800-seat theater in conjunction with the proposed library: We then developed a preliminary business plan for the operation of these facilities, recommending staffing levels, governance and operating policies. The key deliverable for this phase was apro-forma operating budget and an economic impact analysis. City leadership and the Performing Arts Center Ad-hoc Committee con- tinue to advance planning and partnerships for the proposed facilities. Reference: Judy O'Donnell Performing Arts Center Ad-hoc Committee Chair City of Glenwood Springs jdod47Oa rof.net Project Type: Needs Assessment & Business Planning for the City of Glenwood Sprin gs Proposed Fee: $45,000 Final Fee: $45,000 Proposed Time: 6 months Actual Time: 6 months rt zr sr 3 a: ro ~_ ro ey re N 14 Trc~~kooP(~orth i.ako Tahoe Fa~asibility P'i,sn for Arts ~c ~uim tore, Truckee, CA {20~~-009) Webb Management Ser- vices was hired by the North Lake Tahoe Resort Association (`1VCI'R.4 to develop a cultural fa- cilities masterplan for new, proposed and/or renovated cultural facilities in the North Lake Tahoe region. 76is work started with a Needs Assessment, and also included the development of a business plan and site seleetdon exerdse far each recommended facility. 71te first phase of work included an in-depth market analysis, invenmry of ex- isting cultural programs and facilities and interviews with a diverse cross sec- tion of the representatives from the arts, poli[ical and business community. Considering communities in both Nevada and California, the analysis exam- ined key population segments with permanen[ resident, second homeowner and tourist markets. We then inven[oried indoor and ou[door facilities regu- larly used for public performance, and visual art, heritage and cultural institu- tions. 'Ihe following observations were of particular importance: s New facilities and programs should first aim to serve the local perma- nent residents, then market [o the seasonal and visiting populations. t 'There was no[able demand for facilities and programs on the part of regional residents and organizations. * Investment wi[hin new cultural activity and facilities may offer an op- portunity to develop a unified sense of regionalism, particularly through the development of North Lake Tahoes's creative economy. Conclusions recommended a set of programs and facilities to serve each popu- la[ion segment while complemen[ing activity withiq local and regional mar- kets. Recommendations included both indoor and ou[door facilities. Our second phase of work considered sire selection, how the community should prepare for new and expanded cultural facilities and how each should be oper- ated, also projecting financial performance over [ime. Reference: Ron Treabess Director of Community Partnerships and Planning North Lake Tahoe Resort Association (530)581-8735 Project Type: Cultural Facilities Master Plan (including Needs Assessment) for a Private Entity Proposed Fee: $70,000 Final Fee: $70,000 Proposed Time: 6 months Actual Time: 6 months 15 f'ea'~ii?iiity ~tt~+d~ far the Expansian of the WYA Theater, Sherieian, 91V"Y (~00~) Webb Management Services was Mired by the WYO The- ater (483 seats) to assess Its expansion into nuo adjacent properties and to develop a business plan that would support its jiet:tre operations. Our brief :uas to estahlish what could be developed in the new facilities and 6iaw neTV spaces should be oper- ated andprogrammed The first phase of our study investigated the feasibility of the expansion and its impacts on the Theater's existing operations and on Sheridan. We worked closely with local arts groups, funders, political leaders, and facility managers to consider these questions, ul[imately concluding that: An improved WYO Theater has potential to attract more audi- ences and additional programs Additional spaces for performance, exhibition, rehearsal and sp- ecial events will drive cultural development in Sheridan The expanded WYO can have a tremendous impact on the co- mmunityand downtown Sheridan In addition to the improvement of [he existing [heater, recommendations included several possible spaces to serve community arts organizations and programs. Given those possibilities, our work considered how the Theater should prepare for expanded operations and how it will perform financially. The key deliverable in the business plan was apro-forma operating budget that projects activity, attendance and financial performance through the years in which the renovation and expansion of the "Theater is completed. Reference: Nick Johnson Execu[ive Director WYO "Theater (307) 672-9083 Projec[Type: Needs Assessment and Business Plan for Renovation and Expansion of a 501(c)3 arts facility and organization Proposed Fee: $55,000 Final Fee: $55,000 Proposed Time: 5 months Actual Time: 5 months ro rr g d x m m a ro <" ro N 1( i2enovation of Performance facilities, Riverwralk Center, ~reckenri+dge, C1D (2QO6 - ~+OQ8) 17te Breckenridge Riverwalk Center was created from apre-exis[ing two- storys[eel and wood structure adjacent to the Blue River in historic Brecken- ridge, Colorado. It has long been the hub for cultural events, civic functions, and enter[ainment in Breckenridge. I[ serves as the home of the National Repertory Orchestra, the Breckenridge Music Insti[ute Orchestra, as well as the primary venue for town parties and rock concerts. The facility con[ains offices and stage suppor[ space, as well as an open stage at the north end of the structure with aslab-on-grade amphitheater-type sealing accommo- dating approxima[ely 780. the original structure incorporated a temporary fabric tent structure over the amphitheater seating during [he short summer season that is typical a[ 10,000 fee[ above sea level. This project started as a simple 11,000 square foot permanent shell structure to replace the fabric tent. We referred to the original no-frills design as a camper shell, but the project quickly evolved into athree-season heated facil- ity with adjustable acoustic features that gives the Town of Breckenridge the best multipurpose facility possible for the cost. Reference: Kim DiLallo Events and Communications Manager, Riverwalk Center Town of Breckenridge 150 West Adams, P.O. Box 168 Breckenridge, CO 80424 Project Type: Renovation for Public Entity (Town of Breckenridge) Proposed Cost: $1.8 million Final Cost: $2.8 million (increase at client s request) Proposed Time: 1.5 years Ac[ual Time: 1.5 years (tight timeline due to season start-up at facility) m ro m G ro 0 n m" 17 Aspen IVluslc festival and School and Aspen Country lay School, Castle Creek Campus, Aspen, CO {2005 -current} 'This $60 million campus planning and building design for AMFS and ACDS includes 80,000 square feet with chree large orchestra rehearsal facilities. The process of reshaping an existing campus just outside of Aspen has been acol- labora[ive effort between the Aspen Music Festival and School and the Aspen Country Day School. Harry Teague Architects was initially retained by the two owners in 2005 to provide programming and pre-design services. Working to balance the needs and constraints of both clients, a complete master plan and architectural design was subsequently developed. 7}te pro- posed architecture preserves the natural environment through the careful placement of new buildings as well as through the reuse of existing building locations where possible.'[he choice oflow-main[enance materials is a direct response to the harsh environment of the steep, narrow canyon site and an ~ opportunity to use both modern and traditional systems in a fresh manner The forms of the buildings resolve the acoustic requirements of the Music m School and the more intimate needs of the Country Day School.lhe overall v: m campus design provides a truly unique response to a complex geographic m n condition, and the individual buildings and spaces within reflect the quality w and scale that enhances the learning experience ~ .. N Reference: Alan Fletcher, President and CEO Jennifer Elliot, CFO Aspen Music Festival and School (970)925-3254 Project Type: Master Plan and Physical Design for Priva[e Partnership Proposed Cos[: $60 million Final Cost: TBD Proposed Time: Various depending on phase of work Actual Time: All phases completed on time as per critical path schedule created within master plan. 18 12~n~v~tl~an +~# tlt~ ~®I~nlal Tt>te~tr~, Pififisfield, NIA (241~~ ~ cl~rm r~nfi} Buil[ in 1903, the 810-seat Colonial'Iheatre opera[ed until 1949. In 2001, the Colonial 7lteatre Associa[ion purchased the theatre. The renovation includes a small expansion to address circulation and ADA compliance, a sage house that was expanded vertically, and [he coupling to the adjacent building to provide a location for dressing rooms, lobby, offices and support spaces. Schuler Shook provided theatre planning throughout the facility and designed new ligh[ing and rigging systems, as well as production infrastruc- ture. Reference: David Fleming Executive Director Colonial Zheatre (413) 448-8084 x13 m Project Type: Renovation of Historic "Theatre for Private 501(c)3 c Proposed Cost: $13.5 million Final Cost: $14 million Proposed Time: 3 years ~. Actual Time: 3 years 19 cl~~llenges From our perspective, the Wheeler Opera House Needs Assessment is an exciting and chal- lenging project for a number of reasons. First of all, [he Wheeler Opera House is a well-loved institu[ion in Aspen. But as a theater built in the 19th century, it is fundamentally constrained in its ability to serve audiences and artists in the 21st century. We must therefore determine how existing facilities might best be used in the future and then, if appropriate, advance plans for additional facilities that compliment the Wheeler and other spaces. A second challenge is that discussions around the future of the Wheeler and the need for additional facilities have been ongoing for years, to the point that many people in the community have already [aken a position on what should happen. Our challenge is therefore to bring clear and objective infor- ma[ion and insights into the discussion that allow public and private sector leaders to build a consensus around one set of recommendations. S~SS~2rER ~~ ~Gt'Y1CGS Following is a description of the services we would offer m the Ciry of Aspen with respect to plans for improvements to the existing performing arts facilities and the potential need for other new facilities. + MATERIALS REVIEW: Review any previous reports and/or plans created for or by the City of Aspen regarding the Wheeler Opera House or other performance facilities, as well as other regional and/or relevant s[udies around the Aspen cultural community, Roaring Fork initiatives and more. + MARKET ANALYSIS: Define and evaluate the current and future market area for arts programs and facilities in Aspen and the surrounding region using a variety of local and regional da[a. market area definition ~r demographic artalysir: Using the localions of existing ticket buyers, map and define the market for current Wheeler Opera House programs. Describe the population in terms of size, rate of growth and demographic factors, such as level of educational attainment, age, disposable income and race. Evaluate the strengths and weaknesses of the market area based on national trends in arts participa- tion. Identify key market segments for audience and program development. geo-derographic analysis: Using the PRIZM model developed by Claritas'", which defines the population in terms of specific variables that play into potential arts atten- dance, investigate the presence of active arts participants in the market area, and their capacity to support programs at new or improved facilities. seeortd home-owners analysis: Using Census housing estimates and any other available g o-t e~ n m w 20 market research, evelop a profile of second homeowners in Aspen and the surround- ing region in order to assess [he potential development and expansion of this market segment. viritingaudiencesamlysis: Consider the size and characteris[ics of the non-resident segment of the market (i.e. rourists). Test the attractiveness of [his market segment in terms of their potential attendance and par[icipation in Aspen programs and facili- ties. 4 WHEELER OPERA HOUSE PROGRAM & ASSESSMENT: Working closely with Wheeler Opera House staff, assemble information on existing programs, activity levels and utilization trends, operating policy and financial information to assess its support of and service to local artists and organizations, resident and visiting audiences, and the broader goals and interests of the City of Aspen. a USER DEMAND: Using information gathered by Farewell Mills Gatsch Architec[s in February 2009, understand [he current facility situation and potential facility needs of ~ Wheeler Opera House s[afl, regional artists and arts organizations, including space for per- formance, rehearsal and related programs. Supplemen[ existing information with interviews 3 and/or surveys as and if required. Understand regional groups' capacity to pay for access to ~ new or improved spaces. P4 iD 9 4 TOURING PRODUCT POTENTIAL: Interview impresarios, promoters and ~ presenters who currently bring touring arts and entertainment programs to the Roaring Fork m Valley on the adequacy of the Wheeler Opera House and other facilities for their programs and the potential to bring additional [During programs to the marke[ given new or improved ~' facilities. " e EXISTING FACILITY ASSESSMENT: Review the size, accessibility and location of performing arts facilities in and around Aspen, including the Roaring Fork Region. Map the locations of these facilities to understand their proximity to one another, and their acces- sibility to transportation and key population bases. Assess these facilities in terms of quality, size, affordability, activity, use and availability, and identify gaps in the inventory that could be filled by new or improved facilities. 4 FACILITY RECOMMENDATIONS: Review proposed plans for new or improved facilities and offer preliminary recommendations to the Ciry on the size, shape, flexibility and functionality of spaces initially proposed as well as the need for any additional facilities. f COMPARABLE PROJECTS: Identify communities similar in size and character to Aspen that have successfully developed and supported facilities and programs similar to those recommended. Describe those facilities in terms of size, components, location, cost and keys to success in order to inform and validate the choices being made for Aspen. Specifically dis- cuss partnership strategies between the public and private sector that have led to sustainable cultural facility development and operation. 4 ACTIVITY PROFILE: Based on the marke[ analysis and initial recommendations, prepare an activity profile for all programmable spaces in recommended facilities, listing types and levels of use by local artists and organizations, touring programs, educational programs and other uses. Also estimate potential revenue genera ion in these spaces by local and tour- 21 ing programs. + SPACE PROGRAM: Develop building programs for recommended facilities as an Excel spreadsheet that defines and measures all rooms in recommended facilities, including public spaces, performance spaces and support spaces. + SITE ANALYSIS: Building on recent information developed by Farewell Mills Gatsch Architects, assess potential sites and relevant existing structures (including Wheeler Opera House) for the development of new facilities as provided by the City. Consider these sites and structures in terms of their overall suitability for development, current conditions, feasibility to adapt, planning challenges and cost to accommodate the recommended building program. Prioritize these options in terms of criteria agreed and ranked in advance with the Ciry. t ORDER-OF-MAGNITUDE CAPITAL BUDGET: Estimate the cost ofimprov- ing and/ot adding new facilities based on the space program, knowledge of local and national construction costs and [he potential sites selected for development. + ORDER-OF-MAGNITUDE PRO-FORMA OPERATING BUDGET: Develop a preliminary pro-forma operating budget for recommended facilities that estimates new earned income and operating expenses in order to forecast additional annual funding increases and impacts on the existing operating structure and organization. + QUANTITATIVE ECONOMIC IMPACTS: Forecast the economic impact of new or improved facilities, including the impacts of construction, operation and ancillary spending associated with a[tendance at facilities. Use the RIMS II model developed by the Bureau of Economic Analysis [o estimate the direct and indirect impacts of the project on the previously- defined market area, including outputs, increased earnings and employment. + QUALITATIVE ECONOMIC IMPACTS: Consider how various development options support the broader goals of the community in such areas as cultural tourism, enhanc- ing educational opportunities, recruiting new businesses [o the community and building a stronger sense of place and community engagement. Support these assertions with case studies from other communities and provide recommendations as to how the project should proceed so as to maximize these benefits. + CRITICAL PATH PLAN: Crea[e a critical path plan for the Wheeler Opera House and the City of Aspen that identifies key milestones and deadlines towards new and/or improved facilities. + REPORT & PRESENTATION: Present the findings and recommendations of the needs assessmen[ and deliver a draft report. Incorporate feedback from the client and issue a final report. timeline We are ready and willing to begin the study when authorized by the client. We would expect to complete the study within twelve to fourteen weeks of contract award. We could potentially increase our timeline if requested by the clien[. 22 m c~ er w 3 a oa ro s m w e n"' m m Webb Management Services is ready and willing [o proceed with the Wheeler Opera House Needs Assessmenx as soon as a notice to proceed is received. The firm as a whole is currently managing approximately 8 clients, though some projects are more active than others (see below.) We {rave completed the first portion of this study, a Needs Assessment, and are now finalizing the business plan. Working wi[h Chickasaw Nation leadership and the Tribe's Division of Arts & Humanities, we are near completion of this project. The first phase of the project, a needs assessment, was recently completed. We are now devel- oping the business plan. We expect to deliver a final report to this client on February 9. Working with a comprehensive team of consultants, we have completed the bulk of our con- tribution to this projec[, with a final preservation scheduled for early April 2010. We began this projec[ in January 2010 and expect ro complete it within 8 weeks. We began this project in January 2010 and expect for i[ to be complete within [he next 10 weeks. We are in the midst of an organiza[ional assessment for MHSDG which will then by followed by an 8-week business planning process. E m a a m 3 N ~J9 4> s ,~« N k !f m m 23 professional fees We would propose lump-sum professional fees of $44,000 plus reimbursable expenses to com- plete the services described in this proposal. eR~DenSes Expenses are billed (at cost) in addi[ion to fees, for travel to Aspen, communications (i.e. tele- phone, Fax, courier, printing) and the purchase of data related to the assignment. We would do everything possible to minimize these expenses and would look ro the City for assistance in seeking local accommodation on our behalf and booking trips far enough in advance to minimize air fares. We would agree to cap expenses as per [he following estimate: 4 person-trips at $1,300 $5,200 Communications and Data Purchase 800 $6,000 adalitional ~ervice~ Fees any additional services falling outside of those described in [his proposal will be negoti- ated as and if appropriate. 2010 hourly tares are as follows; fees have been discounted for the services described in this proposal. Duncan Webb $200 Harry Teague $200 Michael DiBlasi $200 Carrie Blake $150 Liz Bloomfield $125 ~iiii>~g Fees would be billed each month based on the progress of the study. terns of proposal This proposal is valid for a period of 90 days, beginning February 5, 2010. a c m rro. m a +n m k n 24