R-2028-2-02RESOLUTION NO. 2028-2-02(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITIES OF
ALLEN, FRISCO, MCKINNEY, AND PLANO, TEXAS, CONCERNING
CONSULTANT SERVICES FOR A COLLIN COUNTY CULTURAL ARTS
DISTRICT; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas, has been presented a proposed Interlocal Cooperation
Agreement ("Agreement") by and between the Cities of Allen, Frisco, McKinney, and Plano, Texas, conceming
consultant services for a Collin County Cultural Arts District (CCCAD), a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference; and,
WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City
Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City
Manager should be authorized to execute the Agreement on behalf of the City of Allen, Texas; and,
WHEREAS, the Cities desire to enter into an Agreement to establish their respective duties; and,
WHEREAS, a Committee ("Committee') comprised of members appointed by the Cities will be responsible for
retaining one or more consultants and taking such other action as is necessary toward completing the CCCAD
feasibility study; and,
WHEREAS, the Cities agree to each contribute Thirty-two Thousand Five Hundred Dollars ($32,500) into a
' fund to be administered by Plano and that these funds shall be used by Plano to pay for consultant services and
other expenses as determined by the Committee and the total cost under this Agreement shall not exceed One
Hundred Thirty Thousand Dollars ($130,000) without the prior approval of all parties to this Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1: The terns and conditions of the Agreement, having been reviewed by the City Council of the
City of Allen and found to be acceptable and in the best interests of the City of Allen and its citizens, be, and the
same is hereby, in all things approved.
SECTION 2: The City Manager is hereby authorized to execute the Agreement and all other documents in
connection therewith on behalf of the City of Allen, substantially according to the terms and conditions set forth
in this Agreement.
SECTION 3: The City Secretary shall forward a certified copy of this Resolution to Thomas H. Muehlenbeck,
City Manager of the City of Plano.
SECTION 4: This Resolution shall become effective from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 215T DAY OF FEBRUARY, 2002.
APPROVED:
'
Stephen ephen T��
ATTEST ii eerrrrcc�1�',, MAYOR
�Ju y Mo
ATTEST
/,1 CMl�lCrP/iAYAlEr, CITY SECRETARY
EXHIBIT "A"
Resolution No. 2028-2-02(R)
INTERLOCAL AGREEMENT
BETWEEN THE CITIES OF ALLEN, FRISCO, MCKINNNEY, AND PLANO
CONCERNING CONSULTANT SERVICES FOR A COLLIN COUNTY CULTURAL ARTS
DISTRICT.
WHEREAS, the Cities of Allen, Frisco, McKinney, and Plano, Texas, (the "Cities") desire to
pool their resources to explore the feasibility of creating a Collin County Cultural Arts District
("CCCAD") as a venue for the performing arts; and
WHEREAS, the Cities desire to enter into an agreement (the "Agreement') to establish their
respective duties; and
WHEREAS, a committee (the "Committee") comprised of members appointed by the Cities will
be responsible for retaining one or more consultants and taking such other action as is necessary toward
completing the CCCAD feasibility study; and
WHEREAS, the Cities have current revenues available to satisfy their share of the fees and/or
expenses incurred pursuant to this Agreement.
NOW, THEREFORE, this Agreement is made and entered into by the Cities of Allen, Frisco,
Plano and McKinney and for the mutual consideration stated herein.
ARTICLE I.
Plano, under the supervision and direction of the Committee, shall seek proposals and enter into
an agreement for professional services with one or more consultants for the purpose of developing a plan
that will lead to the selection of a site and project design for shared cultural facilities. The consultant
services shall include an assessment of needs, inventory of local facilities; alternative theater concepts,
site location, design criteria, governance and a business plan for the district. Plano will provide a copy of
the executed consultant agreement(s) to Allen, Frisco and McKinney.
ARTICLE II.
The Committee shall be comprised of one appointee from each of the member Cities. The
Committee will develop a vision and development program document to be submitted to the Cities for
their consideration and action. All Committee actions shall be by majority vote.
ARTICLE III
The Cities agree to each contribute Thirty Two Thousand, Five Hundred Dollars ($32,500.00)
into a fund to be administered by Plano. These funds shall be used by Plano to pay for consultant services
and other expenses as determined by the Committee. Total cost under this Agreement shall not exceed
One Hundred and Thirty Thousand Dollars ($130,000.00) without the prior approval of all parties to this
Agreement.
Page 1 of 6
EXHIBIT "A"
Resolution No. 2028-2-02(R)
' ARTICLE IV
To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless
the other (and its officers, agents, and employees) from and against all claims or causes of action for
injuries (including death), property damages (including loss of use), and any other losses, demand, suits,
judgments and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related
to or resulting from its performance under this Agreement, or caused by its negligent acts or omissions (or
those of its respective officers, agents, employees, or any other third parties for whom it is legally
responsible) in connection with performing this Agreement.
ARTICLE V
The laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this Agreement. The parties agree that this Agreement is performed in Collin and Denton
Counties, Texas, and that exclusive venue shall lie in Collin County, Texas.
ARTICLE VI
The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence,
clause, or phrase of this agreement is for any reason held by a court of competent jurisdiction to be
contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining
portions of the agreement shall be enforced as if the invalid provision had never been included.
ARTICLE VII
' This agreement embodies the entire agreement between the parties and may only be modified in
writing executed by all parties.
ARTICLE VIII
This agreement shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns. No party will assign or transfer an interest in this agreement without the
written consent of the other parties.
ARTICLE IX
It is expressly understood and agreed that, in the execution of this agreement, the parties do not
waive, nor shall they be deemed hereby to have waived any immunity or defense that would otherwise be
available to them against claims arising in the exercise of governmental powers and functions. By
entering into this agreement, the parties do not create any obligations, express or implied, other than those
set forth herein, and this agreement shall not create any rights in parties not signatories hereto.
ARTICLE X
This agreement shall be effective upon execution by the parties and shall continue in effect
annually until final completion of the consultant's contract. This agreement shall automatically renew
annually during this period.
Page 2 of 6
EXHIBIT "A"
Resolution No. 2028-2-02(R)
' CITY OF PLANO, TEXAS, a home -rale
municipal corporation
Approved as to form:
Diane C. Wetherbee
City Attorney
By:
THOMAS H. MUEHLENBECK
City Manager
Date:
CITY OF ALLEN, TEXAS, a home-mle
municipal corporation
' By,
PETER H.-VoGffi
City Manager
Date: O�-,�ti✓- o �-
App ed as t o
mi
City Attomey
Page 3 of 6
Approved as to form:
Richard Abm
City Attorney
1
Approved as to form:
Mark S. Houser
City Attorney
EXHIBIT "A"
Resolution No. 2028-2-02tR)
CITY OF FRISCO, TEXAS, a home -rule
municipal corporation
By:
GEORGE PUREFOY
City Manager
Date:
CITY OF MCKINNEY, TEXAS, a home -rule
municipal corporation
By:
LARRY ROBINSON
City Manager
Page 4 of 6
EXHIBIT "A"
Resolution No. 2028-2-02(R)
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on this_ day of , 2002 by
THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a home -rule
municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on this 'JS ay of 2002 by PETER
H. VARGAS, City Manager of the CITY OF ALLEN, TEXAS, a home -rule mum ipal corporation, on
behalf of said corporation.
*MR
';� !;"-:/
STATE OF TEXAS
COUNTY OF COLLIN
ka�E[.Je
Notary Public, tate of Texas
This instrument was acknowledged before me on this_ day of 2002 by GEORGE
PUREFOY, City Manager of the CITY OF FRISCO, TEXAS, a home -rule municipal corporation, on
behalf of said corporation.
Notary Public, State of Texas
Page 5 of 6
• ATTACHMENT "A" TO RESOLUTION NO.
AGREEMENT BETWEEN THE CITY OF PLANO AND
THEATRE PROJECTS CONSULTANTS. INC..
FOR CONSULTING SERVICES RELATED TO
THE COLLIN COUNTY CULTURAL ARTS DISTRICT
THIS AGREEMENT is made and entered by and between THEATRE
PROJECTS CONSULTANTS, INC., a Connecticut corporation whose address is
25 Elizabeth Street, South Norwalk, Connecticut, hereinafter referred to as
"Consultant", and the CITY OF PLANO, TEXAS, hereinafter referred to as "City",
to be effective upon approval of the Plano City Council and subsequent
execution by the Plano City Manager or his designee.
WITNESSETH:
WHEREAS, the Cities of Allen, Frisco, McKinney and Plano, Texas, (the
"Cities") have entered into an interlocal agreement to fund a study to determine
the feasibility of a Collin County Cultural Arts District ("CCCAD") as a venue for
the performing arts (hereinafter the "Project"), and
WHEREAS, the Cities have identified a need to retain a Consultant to
assist the Collin County Arts District Committee in completing the feasibility
study for the Project; and
WHEREAS, the City of Plano (the "City") has the responsibility for
engaging the services of the Consultant to assist in such Project and to render
its services on the terms and conditions provided in this Agreement, and
WHEREAS, Consultant agrees to render its services to City as provided
herein,
THEREFORE, City hereby engages the services of Consultant, and in
consideration of the mutual promises herein contained, the parties agree as
follows:
I.
SCOPE OF WORK
Consultant shall provide all services necessary to assist with Project.
Such work on the Project shall be performed in accordance with the terms and
conditions outlined in this Agreement for Consultant Services, the City of Plano,
Texas, and the Consultant's Scope of Services, a copy of which is attached
hereto and incorporated herein for all purposes as Exhibit "A". Such
documents shall hereinafter be referred to collectively as "Contract Documents".
CCADAgnmunent—Theatre Pro)ecro Consultants, Inc. (JDc) 91902 Paga1
ATTACHMENT "A" TO RESOLUTION NO.
In resolving inconsistencies among two or more of the Contract Documents or
sections of the Contract Documents, priority of interpretation shall be in the
following order: this Agreement for Consultant Services; Consultant's Scope of
Services, Exhibit "A".
The term of this Agreement shall be a period of twelve (12) months
commencing upon the date of signature by City. This Agreement may be
terminated by City as provided herein.
III.
COMPENSATION / OWNERSHIP OF DOCUMENTS
3.01 Compensation. In consideration for the services to be rendered under
this Agreement, including all expenses, the Consultant shall be paid a fee not to
exceed FORTY-THREE THOUSAND AND 001100 DOLLARS ($43,000.00)
Consultant may invoice City upon completion and acceptance of services to be
provided or may invoice City on a monthly basis. Such invoices shall be
itemized to show services performed, expenses and corresponding charges.
Consultant shall keep accurate records of its services and expenses incurred in
the performance of this Agreement and shall make the same available to City for
inspection and copying upon five (5) days notice thereof. These records shall
be kept by Consultant for two (2) years following the expiration of this
Agreement. No interest or other late payment charges shall ever be due.
3.02 Fiscal Funding. Consultant and City recognize that the continuation of
any contract after the close of any given fiscal year of the City of Plano, which
fiscal year ends on September 30th of each year, shall be subject to Plano City
Council approval. In the event that the Plano City Council does not approve the
appropriation of funds for this Agreement, the Agreement shall terminate at the
end of the fiscal year for which funds were appropriated and the parties shall
have no further obligations hereunder.
3.03 Maximum Compensation Upon Termination By City or Consultant. In
the event of termination by City with or without cause and subject to the terms of
§3.02 herein, the Consultant shall be compensated only for actual expenses and
fees incurred by Consultant in providing those services acceptable to City which
are within the scope of work under this Agreement to date of notice of
termination. Expenses do not include overhead such as utilities, rent, insurance,
etc., and shall not exceed the total amount due under this Agreement.
COAD Ag, ent -Tft m Projects Consuttanfe, Inc. (JW) VW02 Paget
ATTACHMENT "A" TO RESOLUTION NO.
3.04 Ownership of Documents. All documents and reports developed as a
result of the services of this Agreement shall be the property of the Cities. Any
use by Consultant of the information developed hereunder, whether for
publication or for work with other clients, must receive prior written permission
from the Cities, which consent will not be unreasonably withheld.
IV.
SUCCESSORS AND ASSIGNSIAGENTS OR ASSISTANTS
4.01 Successors and Assigns. City and Consultant each bind themselves,
their successors, executors, administrators and assigns to the other party to this
Agreement. Neither City nor Consultant will assign, sublet, subcontract or
transfer any interest in this Agreement without the written consent of the other
party. No assignment, delegation of duties or subcontract under this Agreement
will be effective without the written consent of City. Subject to the provision
regarding assignment, this Agreement shall be binding on the administrators,
legal representatives, successors, and assigns of the respective parties.
4.02 Use of Agents or Assistants. Subject to the foregoing, to the extent
reasonably necessary for the Consultant to perform its duties hereunder,
Consultant may engage the services of any agents or assistants which it may
deem proper, and it may further employ, engage, or retain the services of such
other persons or corporations to aid or assist it in the proper performance of its
duties. The cost of the services of such agents or assistants shall be borne by
Consultant at its sole cost and expense. Consultant further agrees that the
subletting of any portion or feature of the work, or materials required in the
performance of this Agreement, shall not relieve Consultant from its full
obligations to City as provided by this Agreement.
V.
FACILITIES
Consultant shall be responsible for providing all necessary facilities,
personnel, equipment, materials or other items necessary to perform the
services required of it hereunder; provided, however, that City shall cooperate
with Consultant by providing space it has available for meetings, conferences,
presentations, etc.
CCAD Agreement— Theatre Projects Consultants, Inc. (JDG) 2115ID2 Page
3
ATTACHMENT "A" TO RESOLUTION NO.
VI.
Consultant shall release, defend, indemnify and hold harmless City and its
officers, agents and employees from and against all damages, injuries (including
death), claims, property damages (including loss of use), losses, demands, suits,
judgments and costs, including attorney's fees and expenses, in any way arising
out of, related to, or resulting from the performance of the work or caused by the
negligent act or omission of Consultant, its officers, agents, employees,
subcontractors, licensees, invitees or any other third parties for whom Consultant
is legally responsible (hereinafter "Claims"). Consultant is expressly required to
defend City against all such Claims.
In its sole discretion, City shall have the right to select or to approve
defense counsel to be retained by Consultant in fulfilling its obligation hereunder
to defend and indemnify City, unless such right is expressly waived by City in
writing. City reserves the right to provide a portion or all of its own defense;
however, City is under no obligation to do so. Any such action by City is not to
be construed as a waiver of Consultant's obligation to defend City or as a waiver
of Consultant's obligation to indemnify City pursuant to this Agreement.
Consultant shall retain City approved defense counsel within seven (7) business
days of City's written notice that City is invoking its right to indemnification under
this Agreement. If Consultant fails to retain Counsel within such time period, City
shall have the right to retain defense counsel on its own behalf, and Consultant
shall be liable for all costs incurred by City.
VII.
INDEPENDENT CONTRACTOR
Consultant covenants and agrees that he or she is an independent
contractor and not an officer, agent, servant or employee of City; that Consultant
shall have exclusive control of and exclusive right to control the details of the
work performed hereunder and all persons performing same, and shall be
responsible for the acts and omissions of its officers, agents, employees,
contractors, subcontractors and consultants; that the doctrine of respondent
superior shall not apply as between City and Consultant, its officers, agents,
employees, contractors, subcontractors and consultants, and nothing herein
shall be construed as creating a partnership or joint enterprise between City and
Consultant.
LTM
CCAD Agreement -Theatre Projects COmmitants, Inc. (JDG) 2115102 Page
4
ATi7ACHMENT "A" TO RESOLUTION NO.
TERMINATION
8.01 Option. City may, at its option, without cause, and without prejudice to
any other remedy it may be entitled to at law, in equity, or otherwise under this
Agreement, terminate further work under this Agreement, in whole or in part by
giving at least thirty (30) days prior written notice thereof to Consultant with the
understanding that all services being provided by Consultant shall cease upon
the date such notice is received.
8.02 Cause. City reserves the right to terminate this Agreement immediately
upon breach of any term or provision of the Contract Documents by Consultant;
or if at any time during the term of this Agreement, Consultant shall fail to
commence the work in accordance with the provisions of the Contract
Documents or fail to diligently provide services in an efficient, timely and careful
manner and in strict accordance with the provisions of this Agreement, or fail to
use an adequate number or quality of personnel or equipment to complete the
work or fail to perform any of its obligations under the Contract Documents, then
City shall have the right, if Consultant shall not cure any such default after thirty
(30) days written notice thereof, to terminate this Agreement and complete the
work in any manner it deems desirable, including engaging the services of other
parties therefor. Any such act by City shall not be deemed a waiver of any other
right or remedy of City.
8.03 Costs. If after exercising any remedy provided herein, the cost to City of
the performance of the balance of the work is in excess of that part of the
contract sum which has not therefore been paid to Consultant hereunder,
Consultant shall be liable for and shall reimburse City for such excess.
IX.
EQUAL OPPORTUNITIES
Consultant shall not discriminate against any employee or applicant for
employment because of race, age, color, religion, sex, disability, ancestry,
national origin or place of birth. Consultant shall take action to ensure that
applicants are employed and treated without regard to their race, age, color,
religion, sex, disability, ancestry, national origin or place of birth. This action
shall include but not be limited to the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection of training including
apprenticeship.
X.
CCAD Agreement—Theatre Projects Consultants, Inc. (JDG) 2115102 Page
5
. ATTACHMENT "A" TO RESOLUTION NO.
COMPLIANCE WITH APPLICABLE LAWS
Consultant shall at all times observe and comply with all Federal, State
and local laws, ordinances and regulations including all amendments and
revisions thereto, which in any manner affect Consultant or the work, and shall
indemnify and save harmless City against any claim related to or arising
from the violation of any such laws, ordinances and regulations whether by
Consultant, its employees, officers, agents, subcontractors, or
representatives. If Consultant observes that the work is at variance therewith,
Consultant shall promptly notify City in writing.
XI.
SEVERABILITY
The provisions of this Agreement are severable. If any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement is for any
reason held to be contrary to the law or contrary to any rule or regulation having
the force and effect of the law, such decisions shall not affect the remaining
portions of the Agreement.
XII.
AFFIDAVIT OF NO PROHIBITED INTEREST
Consultant acknowledges and represents it is aware of the laws, City
Charter, and City Code of Conduct regarding prohibited interests and that the
existence of a prohibited interest at any time will render the Agreement voidable.
At the time of execution of this Agreement, a representative of Consultant will
execute the Affidavit of No Prohibited Interest, attached and incorporated herein
as Exhibit "B".
XIII.
NONWAIVER
It is expressly understood and agreed that, in the execution of this
Agreement, City does not waive nor shall City be deemed hereby to have waived
any immunity or defense that would otherwise be available to it. It is further
agreed that one (1) or more instances of forbearance by City in the exercise of
its rights herein shall in no way constitute a waiver thereof.
XIV.
PARAGRAPH HEADINGS
CCAD Agreement— Theatre Prejecls Consultant, Inc. (JDG) 2115102 Page
6
ATTACHMENT "A" TO RESOLUTION NO.
The descriptive headings of the several Articles, Sections and Paragraphs
contained in this Agreement are inserted for convenience only and shall not
control or affect the meaning or construction of any of the provisions hereof.
XV.
CONTRACT INTERPRETATION
Although this Agreement is drafted by the City, should any part be in
dispute, the parties agree that the Agreement shall not be construed more
favorably for either party.
XVI.
ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or
in writing, between the parties hereto with respect to the subject matter hereof,
and no other agreement, statement, or promise relating to the subject matter of
this Agreement which is not contained herein shall be valid or binding. The
parties agree that this Agreement and its attachment constitutes the entire
understanding of the parties. In the event of conflict between the Agreement and
Proposal, the Agreement shall control.
XVII.
GOVERNING LAW / VENUE
The validity of this Agreement and of any of its terms or provisions, as well
as the rights and duties of the parties hereunder, shall be governed by the laws
of the State of Texas. The parties agree that it is performable in Collin County,
Texas and that exclusive venue shall be in Collin County, Texas.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the dates indicated below.
THEATRE PROJECTS
CONSULTANTS, INC., a Connecticut
Corporation
CCAD Agreement- Theatre Projects Consultants, Inc. (JDG) 2115/02 Page
7
ATTACHMENT "A" TO RESOLUTION NO.
Date:
APPROVED AST FORM:
AneC Wet erbee, CITY ATTORNEY
CITY OF PLANO, TEXAS
omaehlk
CITY MANAGER
ACKNOWLEDGMENTS
STATE OF CONNECTICUT
COUNTY OF F�A Ir�i eId
This instrument was acknowledged before me on the slay of
ehy-ULt { 2002 by F I SSo Ge i{ () _C-&DfraLffla0Wjof THEATRE
PROJECTS.2ONSULTANTS, INC., a Connecticut corporation.
KRISTINE L MARCH
NOTARYPURUC
wc>w•Wsao EMOMM
STATE OF TEXAS
COUNTY OF COLLIN
n !ll A A � A /e
Notary Public, State of Connecticut
CCAD Agreement— Theatre Projects Consultants, Inc. (JDGj V15102 Page
8
ATTACHMENT "A" TO RESOLUTION NO.
This instrument was acknowledged before me on the -eday of
Mte.11 , 2002 by THOMAS H. MUEHLENBECK, City Manager of the CITY
OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of said
corporation.
... *Llclw NONC 1ric Wary Public, State of Texas
, at NOTKRY PUBLIC
�` Srate nl Texas
"ea k iercu., cap. C842-2002
CCAD Agreement—Theatre Projects Consultants, Inc. (JDG) 2115102 Page
9
ATTACHMENT "A" TO RESOLUTION NO. TB EATR E
February 19, 2002 PROJECTS
Frank Turner CONSULTANTS
Executive Director 25 Elizabeth Street
City of Plano — Development Services S. Norwalk, CT
frunU@plano.gov 06854 U.S.A.
Tel: 203 299 0830
Fax: 203 299 0835
Re: Collin County Cultural Arts District Study www.tpeworld.com
Dear Mr. Turner,
On behalf of Theatre Projects Consultants we are pleased to submit to you the following
revised proposal for study services relating to the proposed Collin County Cultural Arts
District (CCCAD). Per your discussions with Elissa Getto, we have focused on the scope
of services strictly for Theatre Projects Consultants and have included greater detail for
community involvement process, site selection and the deliverables
Again, we are confident in our experience and familiarity with the Collin County /
Dallas -Fort Worth metropolitan area having teamed together for the Plano Performing
Arts Center Study, the City of Dallas Community Cultural Master Plan, the Dallas
Performing Arts Center Feasibility Study and the Addison Center Theatre Project. We
are also currently working on the development of the Dallas Arts District, Opera House
and theatres.
Understanding the CCCAD Project
As the North-Central Texas region has seen rapid growth over recent decades, so the
need for cultural facilities has grown. Evidence of this is shown in the enormous growth
of arts facilities such as the Dallas Museum of Art and Arts District, Bass Hall, Plano
Performing Arts Center and now the considered development of the CCCAD.
We are excited that the Cities of Allen, Frisco, McKinney, and Plano have begun
discussing the concept of shared cultural facilities and that the Mayors and City Councils
of all four cities formally endorsed further exploration of this concept. We are fully
committed to all phases of the project from feasibility study and design through
construction and operations.
As always Theatre Projects will be available and fully accessible to the client and all
identified key individuals throughout the life of the CCCAD Project. Theatre Projects
General Manager, Elissa Getto, will be present for all major meetings including project
kickoff, presentations and meetings with the Land and Design Committee; further -more,
she will provide overall project oversight. Director of Design, Brian Hall will oversee the
space program, site selection and concept design. Senior Consultant Benton Delinger,
TPC Project Manager for the Plano PAC project will develop space program and work
closely with John Coyne on site analysis; Padmic Fisher will be project administrator and
develop all deliverables and facility inventory.
EXHIBIT_
PAGE I OFL
ATTACHMENT "A" TO RESOLUTION NO.
Collin County Cultural Arts District Study
TPC Proposal
Page 2 of 2
QUALIFICATIONS AND FIRM PROFILES
Theatre Projects Consultants
Established by Richard Pilbrow in 1957, 2002 marks Theatre Projects Consultants forty-
fifth anniversary as one of the world's leading theatre design consulting firms. Theatre
Projects is an international team of theatre designers, planners, arts administrators and
technical systems experts who collectively offer a comprehensive approach to
performance space consulting. TPC is dedicated to the creation and design of buildings in
which audience members join performers in celebrating the total performance experience.
Theatre Projects has provided creative design solutions and technical expertise and
innovation to more than 800 projects in 50 countries. TPC offices are located in
Connecticut, London, Toronto and Singapore
An extensive theatre consulting service is offered to architects, community groups,
municipalities, colleges and universities and performing arts organizations. These
services include:
• Feasibility studies
• Planning and development
• Building programming
• Stage and performance space design
• Theatre planning
• Performance equipment design and specification
• Management and operations consultation
Theatre Projects has gained a worldwide reputation for innovation - innovation in the
design of intimate theatre spaces, sensitive renovation and restoration schemes,
successful flexible performance spaces, alternative use of space, state-of-the-art
technology in stage lighting, sound and communications, stage rigging and machinery.
E%HIM A_
PAGE A OF LL
ATTACHMENT "A" TO RESOLUTION NO. —
Collin County Cultural Arts District Study
TPC Proposal
Page 3 of 3
Theatre Projects Consultants — Representative Projects
Our consulting projects range from Broadway theatres, major national theatres,
performing arts centers, concert halls and college and university facilities to smaller scale
educational and community projects. Some recent projects include:
• The Regional Performing Arts Center, Philadelphia, PA
• Dallas Community Cultural Master Plan, Dallas, TX
• The Hollywood Highland "Kodak" Theatre, the new home for the Academy
Award
• Clarice Smith Center for the Performing Arts Center, University of Maryland,
College Park, MD
• Shakespeare Repertory Theatre, Chicago, IL
• Goodman Theatre, Chicago, IL
• San Jose Repertory Theatre, San lose, CA
• New Amsterdam Theatre Renovation, New York, NY
• American Airlines Theatre, New York, NY
• University of Cincinnati College Conservatory of Music, OH
• Lincoln Center Master Plan, New York, NY
• Ozawa Concert Hall, Tanglewood, Lenox, MA
• Geary Theatre Renovation, San Francisco, CA
• Chan Centre, University of British Columbia, Vancouver, BC
• Ahmanson Theatre, Los Angeles, CA
• Cerritos Center for the Arts, Cerritos, CA
• Steppenwolf Theatre, Chicago, IL
Feasibility, Needs Assessment and Master Plan Studies
• Lincoln Center Capital Needs Masterplan, New York, NY
• City of Dallas Community Cultural Plan, Dallas, TX
• New Haven Arts and Entertainment Master Plan, New Haven, CT
• Capital Theatre Needs Assessment and Feasibility Study, Flint, MI
• Plano Performing Arts Center Study, Plano, TX
• Ohio University, Athens, OH
• City of Orlando and University of Central Florida, Orlando, FL
• Miami University, Oxford, OH
• The Theatre at Madison Square Garden, New York,
• Overture Project Feasibility Analysis, Madison, WI
• Wausau Performing Arts Center, Wausau, WI
• St. Louis 2004 Cultural Assessment Study, St. Louis, MO
• Genesee Theatre Renovation Feasibility Study, Waukegan, IL
• Dallas Center for the Performing Arts, Dallas, TX
• Greater Omaha Cultural Facilities Study, Omaha, NB
• Eastman Theatre Assessment Study, Eastman School of Music, Rochester, NY
• Regional Performing Arts Center Programming Study, Philadelphia, PA
• Salt Lake City Performing Arts Center Study, Salt Lake City, UT
EXHIBIT
PAGE —3 GFL
ATTACHMENT "A" TO RESOLUTION NO.
Collin County Cultural Arts District Study
TPC Proposal
Page 4 of 4
PROJECT TEAM
For the Collin County Cultural Arts District Study and Master Plan Theatre Projects
Consultants will assign the following team.
Please note that team members, especially the Principal -in -Charge and the Project
Manager will remain constant through the life of the Project and shall not change.
Name
Title
Responsibilities
Brian Hall
Director of Design
Principal -in -Charge
Elissa Getto
General Manager
Project Manager and Client
Liaison
Benton Delinger
Senior Consultant
Programming & Facility
Assessment
John Coyne
Senior Consultant
Design and Site Analysis
Padmic Fisher Consultant Facility and User Group
Assessment
The above listed personnel will be assisted by Theatre Projects Consultants staff as
required.
Team Biographies
The Team assigned to the Collin County Cultural Arts District Feasibility Study and
Master Plan are specialists in the planning and design of arts and entertainment spaces as
well as needs assessment, facility management and administration. Each of these
individuals has skills and credentials most relevant to this project.
EXHIBIT_
PAGE--�,_OF j -Z
ATTACHMENT "A" TO RESOLUTION NO.
Collin County Cultural Arts District Study
TPC Proposal
Page 5 of 5
Elissa O. Getto is the General Manager of Theatre Projects Consultants in Norwalk, CT.
and will serve as the primary point of contact for the Collin County Cultural Arts District
Study Project as well as attend all major meetings. She is also a Senior Theatre
Consultant and a principal member of the team conducting performing arts feasibility
studies, master plans and advising on a wide range of arts administration issues.
Some of her most recent projects include:
• New Master Plan for Lincoln Center, New York, NY
• Management and Impact Study for Lincoln Center, New York, NY
• City of Dallas Community Cultural Master Plan, Dallas, TX
• Virginia Beach Performing Arts Theatre Site Analysis and Needs
Assessment, Virginia Beach, VA
• Bethel Performing Arts Center, Bethel, NY
Prior to joining TPC, Elissa served as CEO and Executive Director of the Westport
Country Playhouse. Previously she was President of the Cincinnati Arts Association,
which manages the Amnoff Center for the Arts, Memorial Hall and Music Hall, the
primary performing arts venues in Cincinnati, Ohio. She has served as President and
CEO of the Wolf Trap Foundation for the Performing Arts, which manages the nationally
and internationally acclaimed Wolf Trap Farm Park Filene Center and the Bams of Wolf
Trap.
Elissa was also Executive Director and CEO of PACT, Inc. and the Performing Arts
Center Foundation, Inc., the governing bodies of Ruth Eckerd Hall in Clearwater,
Florida She was Vice President and Director of Education for the PACT Institute of the
Performing Arts and has been a consultant for the Music Educators National Conference
and the Canadian Brass.
In an earlier career, Elissa was chairman of the music department and instructional leader
for the fine and performing arts for the Wilton, CT, Board of Education.
Elissa Getto's professional affiliations include the International Society of Perforating
Arts (ISPA) where she served as a board member and executive committee member;
Association of Performing Amts Presenters (APAP); League of American Theatres and
Producers; Perforating Arts Center Consortium, and International Association of
Auditorium Managers (IAAM). She has served as a member of the Advisory Council of
the National Association of Music Educators, and as a board member of the Washington
Bach Consort.
She holds a B.A. degree from Smith College and a Masters degree in Education from
Tufts University.
EXHIBIT A
PAGE I_OF )
•ATTACHMENT "A" TO RESOLUTION NO.
Collin County Cultural Arts District Study
TPC Proposal
Page 6 of 6
Brian Hall is the Director of Design in the Norwalk office of Theatre Projects
Consultants. He has major design responsibilities for projects in North and South
America With his architectural background, Brian is experienced in all aspects of the
development and construction of arts facilities, including theatre planning, programming
and concept design.
Brian has been associated with TPC since 1988 and since 1993 has been a Director of the
company. Some of his projects include:
• Galicia Opera House, Galicia, Spain
• Oakland Theatre Renovation Study, Oakland, CA
• Bethel Performing Arts Center, Bethel, NY
• American Airlines Theatre Renovation, NYC
• Dallas Center for the Performing Arts Study, Dallas, TX
• Oscar Meyer Theatre Renovation, Overture Project, Madison, WI
• North Carolina Blumenthal Performing Arts Center, Charlotte, NC
• Centre Stage, Baltimore, MD
• Dayton Performing Arts Center, Dayton, OH
• Strathmore Concert Hall, N. Bethesda, MD
• Goodman Theatre, Chicago, IL
• Hilton Head Cultural Center, SC
• University of Maryland Performing Arts Center, College Park, MD
• Aronoff Center for the Arts, Cincinnati, OH
• Florida Community College Arts Center, Jacksonville, FL
• University of Houston Music School, Houston, TX
• Kodak Theatre, Los Angeles, CA
• SODRE Performing Arts Center, Montevideo, Uruguay
Brian was a partner with Arcop Associates in their Toronto office and from 1975 to 1987
was project architect and designer on a wide range of architectural and urban design
projects. From 1979, he worked closely with the late Fred Lebensold, architect for the
National Arts Centre in Ottawa, Place des Arts in Montreal and many other theatres.
Brian played a major role in the development and design of Arcop's many cultural
projects, including:
• Tampa Bay Performing Arts Centre, FL
• City Centre Theatre Renovation, New York, NY
• Herberger Theatre Centre, Phoenix, AZ
• Naples Cultural Centre Plan, Naples, FL
• Bayfront Auditorium Renovation, St. Petersburg, FL
Brian Hall graduated from London Polytechnic in England in 1965. He is a member of
the Royal Architectural Institute of Canada and an Associate of the Royal institute of
British Architects.
EXHIBIT /_
PAGE&OF %'-
ATTACHMENT "A" TO RESOLUTION NO.
Collin County Cultural Arts District Study
TPC Proposal
Page 7 of 7
Benton Defrnger is a Consultant for Theatre Projects Consultants in the Norwalk office
with specialized knowledge of theatre technical systems and the planning and
construction process for theatre buildings. His responsibilities include Project
Management and technical equipment design and specification.
Some of his current and recent projects include
• Williams College, Williamstown, MA
• Charlotte Children's Theatre, Charlotte, NC
• The Goodman Theatre, Chicago, IL
• Philadelphia Regional Performing Arts Center, Philadelphia, PA
• Allegheny College, Meadville, PA
• Chicago Shakespeare Repertory, Navy Pier, Chicago, IL
• University of Notre Dame, South Bend, IN
• Strathmore Concert Hall, N. Bethesda, MD
• American Airlines Roundabout Theatre, NYC
• Walgreen Drama Center, University of Michigan
• South Coast Repertory Theatre, Costa Mesa, CA
• Plano Performing Arts Center, Plano, TX
Benton comes to TPC after eight years with the San Jose Repertory Theatre. As the
Facility Project Manager for the Rep, he worked closely with the Redevelopment Agency
of San Jose on the building of a new home for the San Jose Repertory Theatre. He was
associated with this project from initial concept through to the final completion of the
new facility. He spent six years gaining invaluable insight into the construction of
complicated performing arts buildings. In acknowledgment for his work with the Rep,
Benton was awarded a day named in his honor by the Mayor and City Council of San
Jose.
Benton spent several years as the Production Manager for the San Jose Repertory and
was a founding member of the LORT Production Managers Forum. Before San Jose he
worked as the Conservatory Operations Manager for the Pacific Conservatory of the
Performing Arts and as a Resident Sound Designer for the Denver Center Theatre
Company. While in Denver, his sound design was featured in several world premiere
performances including Donald Freed's Circe & Bravo.
He is Chairman of the Building Committee for The Ridgefield Playhouse, a project which
consists of the renovation and transformation of a disused high school theatre space into a
community arts center for the town of Ridgefield, CT.
Benton has a BEA degree in Theatre Management from Webster University, and he
attended PCPA Theaterfest in Santa Maria, CA.
EXHIBIT A
PACE I)
OF IJ
'ATTACHMENT "A" TO RESOLUTION NO.
Collin County Cultural Arts District Study
TPC Proposal
Page 8 of 8
John Coyne is a Senior Consultant in the Theatre Design Department in Theatre Projects
Consultants' South Norwalk, CT office. John has a wide range of design experience: in
addition to being a qualified architect he is also a scenery and costume designer.
Since 1994 John has been designing for a number of theatre and opera companies
including, New York City Opera, The Joseph Papp Public Theatre, California
Shakespeare Festival, Syracuse Stage, Center Stage, and The Juilliard School. His most
recent productions were Die Meistersingers von Nurnburg for San Francisco Opera, The
Front Page for Dallas Theatre Center and You Never Can Tell for Yale Repertory
Theatre.
Prior to his career as a theatre designer, John worked as an Associate Architect at Gary
Lee & Partners Architects & Interior Designers and as a staff architect for Holabird &
Root and for James, Moms & Kutyla in Chicago. He has been Project Designer on a
number of projects including a major corporate space for Leo Bumette in Chicago, a
210,000 sq foot School of Architecture building for the University of Wisconsin —
Milwaukee and a television studio building. He also worked on the new Steppenwolf
Theater in Chicago.
John's teaching experience includes Master Level Design Studio, Computer Aided
Design and Model Making and Drafting courses at Yale University; graduate level
Architecture Design Studio at Illinois Institute of Technology; and Design Principles in
the College of Architecture at Cornell University. He has also been a guest lecturer at
Harvard University, University of Minois — Chicago and The Chicago Art Institute.
He attended the School of Architecture at the University of Notre Dame, including the
Rome Studies Program. He has a Professional Bachelor of Architecture degree from
Cornell University and a MFA degree from the Yale Drama School.
Fellowships and awards include the Donald M. Oenslager Scholarship (Yale), John
Dinkeloo Prize (American Academy in Rome), Peggy Guggenheim Fellowship (Venice)
and the Arthur M. Gensler Scholarship (Cornell).
EXHIBIT l_
FAOE. 2 OF 12
,ATTACHMENT "A" TO RESOLUTION NO. _
Collin County Cultural Arts District Study
TPC Proposal
Page 9 of 9
Padraic Fisher is a member of the team responsible for needs assessment and feasibility
studies, including research and analysis of performing arts facilities and arts planning and
management. He is also active in business development. His recent projects for TPC
include:
• Virginia Beach Performing Arts Theatre Site Analysis and Needs
Assessment, Virginia Beach, VA
• City of Dallas Conununity Cultural Master Plan, Dallas, TX
• University of Ohio Facility Needs Assessment, Athens, OH
• New Center for Arts and Culture, Boston, MA
• Pittsburgh African American Cultural Facility Implementation Study,
Pittsburgh, PA
• Greater New Haven Arts and Entertainment Facilities Study, New Haven CT
• Aventura Cultural Center Feasibility Study, Aventura, FL
• Capitol Theatre Renovation Feasibility Study, Flint, MI
• Metropolitan Kansas City PAC Feasibility Study, Kansas City, MO
Padmic comes to TPC after two years as the Managing Director of the Michael Mao
Dance Company in New York City. He has worked extensively for fifteen years in the
fields of performing arts presentation and administration. He has been affiliated with a
number of arts and cultural organizations managing and developing a wide range of
programs both international and domestic. These have included performance programs,
special events, fund raising, community outreach, arts -in -education, promotional
campaigns and philanthropic partnerships. The organizations include performing arts
groups, United Nations Non -Governmental Organizations, multi -national corporations
and civic and non-profit groups. Some of the organizations with which Padmic has been
associated include:
• Youth Build USA
• New York Renaissance Festival
• First Night New Hampshire
• Statue of Liberty Centennial
• Harlem School of the Arts
Padmic has a BA degree in Theatre and Arts Management and Administration from New
England College, Henniker, NH and West Sussex, England. He was listed in Who's Who
in American Colleges and Universities in 1987. He is the President and a member of the
Board of Directors of the NYC based Indonesian Cultural Foundation, Inc. He
represented ICF to the United Nations Conference of the Environment and
Development/Earth Summit and Global Forum in Rio de Janeiro and at the Global Forest
Conference, Bandung, Indonesia.
Padmic is a member of the Association of Performing Arts Presenters, International
Society of Performing Arts Presenters, New York State Alliance of Arts Organizations
and the Association of Fundraising Professionals.
EXHIBIT /
PACE 61 OF Ll
'ATTACHMENT "A" TO RESOLUTION NO.
Collin County Cultural Arts District Study
TPC Proposal
Page 10 of 10
SCOPE OF SERVICE
We will assist the Collin County Cultural Arts District Committee in developing a vision
and program for the Collin County Cultural Arts District. We further understand that this
is the first phase of a project that will eventually lead to selection of site and the project
design team.
Following the requirements of the RFP, we propose the following scope of service:
Facilities Inventory and Analysis — Regional and local performing arts facilities,
existing and planned, will be inventoried. Market overlaps, gaps and opportunities will
be assessed.
Theatre Alternatives — The Team will determine the approximate acreage required, and
will develop alternative theatre concepts (e.g., single purpose, multi-purpose), and
evaluate how each meets the community's needs. The Team will assist the CCCAD
Committee in selecting or determining the preferred alternative.
Site Alternatives — The Team will develop alternative theatre sites (e.g. suburban
campus, urban town center, etc) and evaluate how each alternative site meets the
community's needs and or the needs of the determined facility. The TPC Team will
assist the CCCAD Committee in selecting the preferred alternative.
General Design Program Specifications and Cost Estimation — The Team will
prepare a preliminary description of the desired performing art facility, including the
preliminary design type, size, seating capacity and technical abilities of the theatre(s) and
related support and public space. The description shall also include the desired site for
the project and minimum site development requirements. Preliminary conceptual design
illustrations will be supplied as part of the final report deliverables. Based upon the
preliminary conceptual designs and the preliminary project scope, The Team shall
provide a preliminary order -of -magnitude cost estimate for the project (construction and
fees, but not including land, FF&E and off-site infrastructure)
Site Selection Criteria and Evaluation — The Team will develop a list of criteria to be
used in selecting a site consistent with community needs and the general design program.
The Team will work with the committee in evaluating alternate sites and selecting a
preferred site. For the purpose of the site alternatives process we will consider the
following three areas:
1. Site Evaluations: Upon the direction of the Cities, the Team will examine up to
four (4) alternate site options as specified by the Cities. Evaluation of the
potential sites for new performing arts facilities will be based upon criteria
established through other similar projects and in collaboration with the Client.
Such criteria will include: facility and site size, acquisition costs, development
potential and relationship to other facilities. The evaluation of these sites will
provide recommendations for development options.
EXHIBIT r't
PAGE lb OF 1-2
•ATTACHMENT "A" TO RESOLUTION NO.
Collin County Cultural Arts District Study
TPC Proposal
Page 11 of 11
2. Project Impacts and Benefits: Consider the potential impacts and benefits of a
new arts facility, including the benefits/impacts of association with projects or the
development of a new facilities. Relate these opportunities to similar projects in
other communities, and test these potential benefits in terms of broader
community goals.
3. Comparable Projects: Research comparable perforating arts projects in similar
communities around the country to inform the development and operation of new
facilities in the Collins County and Dallas/Ft. Worth Metropolitan region. Key
areas will be: capacity, relationship with other community facilities, mixed-use
development opportunities, levels of utility and cost, and the factors that led to
successful operation of the building.
DELIVERABLES
• A midterm report and presentation to the CCCAD Committee no later than
March 31, 2002 summarizing work to date.
• A final report and presentation to the CCCAD Committee no later than
June 30, 2002. This will include a PowerPoint presentation and delivery of
the final report and all printed support materials as listed below.
• Printed and bound color copies of the final report, not to exceed twelve
(12) copies.
• Final report documentation and supporting documentation will include,
but not necessarily limited to, the following items:
o Up to twelve (12) printed full-color copies of the PowerPoint
presentation sited above
o Up to twelve (12) bound, full color copies of the Report
Executive summary.
o Up to twelve (12) bound full color copies of the Final Report,
which may include the following components:
• Research documentations
• Facility reports
• Facility inventory
• User group inventory and/or profiles
• Comparable facilities list and/or representative
narratives with pictures
• Preliminary illustrations of preliminary concepts
• Site evaluation photos and/or report synopsis including
the parameters for selection process
• Preliminary building program
• Preliminary order -of -magnitude cost estimates
• Project website
EXHIBIT i/�
PACE 11 OF1-2-
ATTACHMENT "A" TO RESOLUTION NO.
Collin County Cultural Arts District Study
TPC Proposal
Page 12 of 12
FEES
For the purpose of this study and the services listed above, we propose a lump sum fee of
$30,000 (thirty thousand dollars) plus expenses of $13,000 (thirteen thousand dollars) as
outlined below.
These fees are based upon estimates of time, resources and materials spent on similar
projects in similar communities.
EXPENSES
Reimbursable expenses will include, but are not limited to: air and ground transportation;
meals and accommodation; communications between TPC, WMS, the Client and team
members; all reports and drawings supplied to the Client and design team. Any copies of
the final report requested or required beyond the twelve listed in the deliverables section
above will result in additional expense fees. Whenever possible, travel will be
coordinated to coincide with other services on the Project to minimize incremental costs.
ADDITIONAL TERMS
TPC recognizes that this project will progress in separate phases of development. Theatre
Projects Consultants reserves the right to re-negotiate fees if there are meaningful
increases to the project scope, schedule or delivembles. Such alterations would be made
retroactive to the beginning of the project.
EXHIBIT /I
PAGE 12- OF
'ATTACHMENT W TO RESOLUTION NO.
Collin County Cultural Arts District Study
TPC Proposal
Page 13 of 13
Project Schedule
For the purpose of this proposal and the start of the project, we will utilize the following
project schedule as prepared in conjunction with Webb Management Services:
Auaaamem Kick -on Meeting
Meladela Revlaw
Merkel Area Analysts
Usa/Uaen Anelyela Ems
Facility Assessment
Competable Probols
Facilty Recommendations
Fa,IHV Concepts
N ads Assessment Presentation
Revlaw Time
sl Middle, Space Program
Conceptual Design
Slle Orllarm
SNe Aitetnaueea
Cast Ea6melea
Physics Plan Presented..
Review Time
ns Planning Schatluling Cbawette
Acanily Profs.
Ones.... and Opetetions
District Operating Issues
Pro -forma Operating Budgal
Funding Strategies
Institutional Prepentlon
Economk Impact
Business Plan Presentation
Review Time
• r l
=Webb Nanapement Servkee
'emmor Prolacte Conauhimis
.MIN ebC Management Serviced and Theater Projects Consonance Together
kahop or Presentation
Reelew Time
EXHIBIT 4
PAGV�9,�OF
'ATTACHMENT "A'TO RESOLUTION NO.
Affidavit of No Prohibited Interest
I, the undersigned declare and affirm that no person or officer in this
sole proprietorship, partnership, corporation, or board has or will have during
the term of this contract a prohibited interest as that term is defined in Section
11.02 of the Plano City Charter and the City's Code of Conduct, Chapter 2,
Article IV of the City's Code of Ordinances.
I further understand and acknowledge that the existence of a
prohibited interest at any time during the term of this contract will render the
contract voidable.
Name of Contra for
By:
Signature
SIS t� Ge*
Print Name
Date: DIQ(Ok)Q
STATE OF 1 (x)rer`4- i §
COUNTY OF P&Air§
SUBSCRIBED AND SWORN TO before me this SILO+A_. day of
2002.
i
KRISTINE L MARCH
NOTARYPUBLIC
WOMIAS6IONEMMOW
EXHIBIT
HAOIXTRST PAGE / OF._(_
ATTACHMENT "A" TO RESOLUTION NO.
AGREEMENT BETWEEN THE CITY OF PLANO AND
WEBB MANAGEMENT SERVICES, INC.,
FOR CONSULTING SERVICES RELATED TO
THE COLLIN COUNTY CULTURAL ARTS DISTRICT
THIS AGREEMENT is made and entered by and between WEBB
MANAGEMENT SERVICES, INC., a New York corporation whose address is 27
W. 24" Street, Suite 507, New York, New York, hereinafter referred to as
"Consultant", and the CITY OF PLANO, TEXAS, hereinafter referred to as "City",
to be effective upon approval of the Plano City Council and subsequent
execution by the Plano City Manager or his designee.
WITNESSETH:
WHEREAS, the Cities of Allen, Frisco, McKinney and Plano, Texas, (the
"Cities") have entered into an interlocal agreement to fund a study to determine
the feasibility of a Collin County Cultural Arts District ("CCCAD") as a venue for
the performing arts (hereinafter the "Project"), and
WHEREAS, the Cities have identified a need to rate- -onsultant to
assist the Collin County Arts District Cc-�O� p e feasibility
study for the Project; and dd
a
WHEREAS, the City of Plano (tr isibility for
engaging the services of the Consultant to I to render
its services on the terms and conditions pro d
WHEREAS, Consultant agrees to ret __ „.,vices to City as provided
herein;
THEREFORE, City hereby engages the services of Consultant, and in
consideration of the mutual promises herein contained, the parties agree as
follows:
SCOPE OF WORK
Consultant shall provide all services necessary to assist with Project.
Such work on the Project shall be performed in accordance with the terms and
conditions outlined in this Agreement for Consultant Services, the City of Plano,
Texas, and the Consultant's Scope of Services, a copy of which is attached
hereto and incorporated herein for all purposes as Exhibit "A". Such
documents shall hereinafter be referred to collectively as "Contract Documents".
CCAD Agreement— Webb Management Services, Inc. (JOG) VIV02 Paget
ATTACHMENT "A" TO RESOLUTION NO.
In resolving inconsistencies among two or more of the Contract Documents or
sections of the Contract Documents, priority of interpretation shall be in the
following order: this Agreement for Consultant Services, Consultant's Scope of
Services, Exhibit "A".
11.
TERM
The term of this Agreement shall be a period of twelve (12) months
commencing upon the date of signature by City. This Agreement may be
terminated by City as provided herein.
III.
COMPENSATION / OWNERSHIP OF DOCUMENTS
3.01 Compensation. In consideration for the services to be rendered under
this Agreement, including all expenses, the Consultant shall be paid a fee not to
exceed FORTY-SIX THOUSAND EIGHT HUNDRED AND 001100 DOLLARS
($46,800.00). Consultant may invoice City upon completion and acceptance of
services to be provided or may invoice City on a monthly basis. Such invoices
shall be itemized to show services performed, expenses and corresponding
charges. Consultant shall keep accurate records of its services and expenses
incurred in the performance of this Agreement and shall make the same
available to City for inspection and copying upon five (5) days notice thereof.
These records shall be kept by Consultant for two (2) years following the
expiration of this Agreement. No interest or other late payment charges shall
ever be due.
3.02 Fiscal Funding. Consultant and City recognize that the continuation of
any contract after the close of any given fiscal year of the City of Plano, which
fiscal year ends on September 30th of each year, shall be subject to Plano City
Council approval. In the event that the Plano City Council does not approve the
appropriation of funds for this Agreement, the Agreement shall terminate at the
end of the fiscal year for which funds were appropriated and the parties shall
have no further obligations hereunder.
3.03 Maximum Compensation Upon Termination By City or Consultant. In
the event of termination by City with or without cause and subject to the terms of
§3.02 herein, the Consultant shall be compensated only for actual expenses and
fees incurred by Consultant in providing those services acceptable to City which
are within the scope of work under this Agreement to date of notice of
termination. Expenses do not include overhead such as utilities, rent, insurance,
etc., and shall not exceed the total amount due under this Agreement.
CCAD Agr enft— Webb Management Semicee, Inc. (JD ) 21S02 Paget
.. ATTACHMENT "A" TO RESOLUTION NO.
3.04 Ownership of Documents. All documents and reports developed as a
result of the services of this Agreement shall be the property of the Cities. Any
use by Consultant of the information developed hereunder, whether for
publication or for work with other clients, must receive prior written permission
from the Cities, which consent will not be unreasonably withheld.
IV.
SUCCESSORS AND ASSIGNSIAGENTS OR ASSISTANTS
4.01 Successors and Assigns. City and Consultant each bind themselves,
their successors, executors, administrators and assigns to the other party to this
Agreement. Neither City nor Consultant will assign, sublet, subcontract or
transfer any interest in this Agreement without the written consent of the other
party. No assignment, delegation of duties or subcontract under this Agreement
will be effective without the written consent of City. Subject to the provision
regarding assignment, this Agreement shall be binding on the administrators,
legal representatives, successors, and assigns of the respective parties.
4.02 Use of Agents or Assistants. Subject to the foregoing, to the extent
reasonably necessary for the Consultant to perform its duties hereunder,
Consultant may engage the services of any agents or assistants which it may
deem proper, and it may further employ, engage, or retain the services of such
other persons or corporations to aid or assist it in the proper performance of its
duties. The cost of the services of such agents or assistants shall be borne by
Consultant at its sole cost and expense. Consultant further agrees that the
subletting of any portion or feature of the work, or materials required in the
performance of this Agreement, shall not relieve Consultant from its full
obligations to City as provided by this Agreement.
V.
FACILITIES
Consultant shall be responsible for providing all necessary facilities,
personnel, equipment, materials or other items necessary to perforin the
services required of it hereunder; provided, however, that City shall cooperate
with Consultant by providing space it has available for meetings, conferences,
presentations, etc.
COAD Agreement— Webb Management Services, Inc. (JDG) 2JI5102 Page
ATTACHMENT "A" TO RESOLUTION NO.
VI.
INDEMNIFICATION
Consultant shall release, defend, indemnify and hold harmless City and its
officers, agents and employees from and against all damages, injuries (including
death), claims, property damages (including loss of use), losses, demands, suits,
judgments and costs, including attorney's fees and expenses, in any way arising
out of, related to, or resulting from the performance of the work or caused by the
negligent act or omission of Consultant, its officers, agents, employees,
subcontractors, licensees, invitees or any other third parties for whom Consultant
is legally responsible (hereinafter "Claims"). Consultant is expressly required to
defend City against all such Claims.
In its sole discretion, City shall have the right to select or to approve
defense counsel to be retained by Consultant in fulfilling its obligation hereunder
to defend and indemnify City, unless such right is expressly waived by City in
writing. City reserves the right to provide a portion or all of its own defense;
however, City is under no obligation to do so. Any such action by City is not to
be construed as a waiver of Consultant's obligation to defend City or as a waiver
of Consultant's obligation to indemnify City pursuant to this Agreement.
Consultant shall retain City approved defense counsel within seven (7) business
days of City's written notice that City is invoking its right to indemnification under
this Agreement. If Consultant fails to retain Counsel within such time period, City
shall have the right to retain defense counsel on its own behalf, and Consultant
shall be liable for all costs incurred by City.
VII.
INDEPENDENT CONTRACTOR
Consultant covenants and agrees that he or she is an independent
contractor and not an officer, agent, servant or employee of City; that Consultant
shall have exclusive control of and exclusive right to control the details of the
work performed hereunder and all persons performing same, and shall be
responsible for the acts and omissions of its officers, agents, employees,
contractors, subcontractors and consultants; that the doctrine of respondent
superior shall not apply as between City and Consultant, its officers, agents,
employees, contractors, subcontractors and consultants, and nothing herein
shall be construed as creating a partnership or joint enterprise between City and
Consultant.
COAD Agnrement- Webb Management Services, Inc. (JDG) WSW Page
ATTACHMENT "A" TO RESOLUTION NO.
TERMINATION
8.01 Option. City may, at its option, without cause, and without prejudice to
any other remedy it may be entitled to at law, in equity, or otherwise under this
Agreement, terminate further work under this Agreement, in whole or in part by
giving at least thirty (30) days prior written notice thereof to Consultant with the
understanding that all services being provided by Consultant shall cease upon
the date such notice is received.
8.02 Cause. City reserves the right to terminate this Agreement immediately
upon breach of any term or provision of the Contract Documents by Consultant;
or if at any time during the term of this Agreement, Consultant shall fail to
commence the work in accordance with the provisions of the Contract
Documents or fail to diligently provide services in an efficient, timely and careful
manner and in strict accordance with the provisions of this Agreement, or fail to
use an adequate number or quality of personnel or equipment to complete the
work or fail to perform any of its obligations under the Contract Documents, then
City shall have the right, if Consultant shall not cure any such default after thirty
(30) days written notice thereof, to terminate this Agreement and complete the
work in any manner it deems desirable, including engaging the services of other
parties therefor. Any such act by City shall not be deemed a waiver of any other
right or remedy of City.
8.03 Costs. If after exercising any remedy provided herein, the cost to City of
the performance of the balance of the work is in excess of that part of the
contract sum which has not therefore been paid to Consultant hereunder,
Consultant shall be liable for and shall reimburse City for such excess.
IX.
EQUAL OPPORTUNITIES
Consultant shall not discriminate against any employee or applicant for
employment because of race, age, color, religion, sex, disability, ancestry,
national origin or place of birth. Consultant shall take action to ensure that
applicants are employed and treated without regard to their race, age, color,
religion, sex, disability, ancestry, national origin or place of birth. This action
shall include but not be limited to the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection of training including
apprenticeship.
X.
CCAD Agreement— Webb Management Services, Inc. (JDG) 2MV02 Page
ATTACHMENT "A" TO RESOLUTION NO.
COMPLIANCE WITH APPLICABLE LAWS
Consultant shall at all times observe and comply with all Federal, State
and local laws, ordinances and regulations including all amendments and
revisions thereto, which in any manner affect Consultant or the work, and shall
indemnify and save harmless City against any claim related to or arising
from the violation of any such laws, ordinances and regulations whether by
Consultant, its employees, officers, agents, subcontractors, or
representatives. If Consultant observes that the work is at variance therewith,
Consultant shall promptly notify City in writing.
XI.
SEVERABILITY
The provisions of this Agreement are severable. If any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement is for any
reason held to be contrary to the law or contrary to any rule or regulation having
the force and effect of the law, such decisions shall not affect the remaining
portions of the Agreement.
XII.
AFFIDAVIT OF NO PROHIBITED INTEREST
Consultant acknowledges and represents it is aware of the laws, City
Charter, and City Code of Conduct regarding prohibited interests and that the
existence of a prohibited interest at any time will render the Agreement voidable.
At the time of execution of this Agreement, a representative of Consultant will
execute the Affidavit of No Prohibited Interest, attached and incorporated herein
as Exhibit "B".
XIII.
NONWAIVER
It is expressly understood and agreed that, in the execution of this
Agreement, City does not waive nor shall City be deemed hereby to have waived
any immunity or defense that would otherwise be available to it. It is further
agreed that one (1) or more instances of forbearance by City in the exercise of
its rights herein shall in no way constitute a waiver thereof.
XIV.
PARAGRAPH HEADINGS
CCAD Agreement— Webb Management Services, Inc. (JDG) 7175!03 Page 6
ATTACHMENT "A" TO RESOLUTION NO.
The descriptive headings of the several Articles, Sections and Paragraphs
contained in this Agreement are inserted for convenience only and shall not
control or affect the meaning or construction of any of the provisions hereof.
XV.
CONTRACT INTERPRETATION
Although this Agreement is drafted by the City, should any part be in
dispute, the parties agree that the Agreement shall not be construed more
favorably for either party.
XVI.
ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or
in writing, between the parties hereto with respect to the subject matter hereof,
and no other agreement, statement, or promise relating to the subject matter of
this Agreement which is not contained herein shall be valid or binding. The
parties agree that this Agreement and its attachment constitutes the entire
understanding of the parties. In the event of conflict between the Agreement and
Proposal, the Agreement shall control.
XVII.
GOVERNING LAW/ VENUE
The validity of this Agreement and of any of its terms or provisions, as well
as the rights and duties of the parties hereunder, shall be governed by the laws
of the State of Texas. The parties agree that it is performable in Collin County,
Texas and that exclusive venue shall be in Collin County, Texas.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the dates indicated below.
WEBB MANAGEMENT SERVICES,
INC., a New York Corporation
CCAC Agreement— Webb Management Services, Inc. (JCG) V15102 Page]
ATTACHMENT "A" TO RESOLUTION NO.
Date: Z 2 Z oZ
Date: a
Name: o
idle: ,
CITY OF PLANO, TEXAS
(::RY� �Mue
CJn O..Q�Thomasnbeck
CITY MANAGER
APPROVED AS TO ORM:
e C. Wetherbee, CITY ATTORNEY
ACKNOWLEDGMENTS
STATE OF NEW YORK
COUNTY OF ,\I v4/ PA
This instruments acknowledged before me on the ZZ day of
- 2002 by ))v c \� Y ca,A Jr of WEBB
MANAGEMENT SERVICES, INC., a York corpora ' n.
Notary Public, State of New York
Not�H�ERT GRGggMAN
No. OlORi�yO°W YOH
cb-lo Sed to Nae¢eu County.
STATE OF TEXAS
COUNTY OF COLLIN
CCAD Agreement —Webb Management SeMcee, Inc. (JDG) 2%5102 Page 6
ATTACHMENT "A" TO RESOLUTION NO.
This instrument was acknowledged before me on theday of
2002 by THOMAS H. MUEHLENBECK, City Managerro{{{the CITY
PLAN TEXAS, a home -rule municipal corporation, on behalf of said
corporation.
Notary Public, State of Tievas
CCAO Agrsament—Webb Management Services, Inc. (JGG) 2/16102 Page
,w ',w
•r4'�'
=.y
6ARBARA NEWELL
Notary Public. State MTexas
My cbmmesion Exobes
-`
1; �, w�,,.
OclobA NE 2003
CCAO Agrsament—Webb Management Services, Inc. (JGG) 2/16102 Page
ATTACHMENT "A" TO RESOLUTION NO.
WEBB MANAGEMENT SERVICE8 INCORPORATED
27 West 24th Sheet, Suite 507, Nem York, ,MY 10010
(p) 212 929 5040 (1) 212 929 5954
February 20, 2002
Frank Turner, Executive Director
City of Plano — Development Services
PO Box 860358
Plano, TX 75086
Dear Mr. Turner:
Further to our recent conversation, I am pleased to offer the following revised proposal to
conduct a feasibility study and business planning exercise for Collin County.
introduction and approach
The cities of Allen, Frisco, McKinney and Plano recently have joined together to study and
develop a cultural arts district for Collin County. The first step to approaching this concept
will be undertaken through the completion of a needs assessment. Based on the outcomes of
this analysis, the creation of a business plan will follow. Webb Management Services has been
asked to propose services for both elements of this analysis.
Webb Management Services is a management consulting practice for the development and
operation of cultural facilities. We write feasibility studies, business plane and strategic plane
for facilities of all sizes and shapes. In this proposal are details of our skills, relevant
experience, and approach to guide the Collin County Cultural Arts District Committee towards
appropriate and successful facilities. The services described in this proposal are based on an
approach that we have developed and employed successfully in a number of other
communities. Following are some of the features of that approach:
♦ Most facility projects today involve some form of partnership for the development
and/or operation of facilities. It is therefore critical that we use the study process as a
means to advance partnerships, taking them, where appropriate, to a written
agreement.
♦ The success of performing arts facilities is beet defined by how they respond to the
needs and interests of the community. We must therefore gain a keen understanding of
the market in order to guide the development of programming and presenting plans.
♦ The experience of other communities and organizations can help to build a compelling
case on how to operate cultural facilities, if understood against the particular qualities
and character of the community under consideration.
♦ The study must be inclusive, providing ample opportunities for key constituents to
have a voice and role in the development of the business plan.
♦ The only thing certain with these studies is change, and we must be flexible enough in
our recommendations to encourage and allow for new opportunities as they arise.
HBI
PAGE OF
ATTACHMENT "A" TO RESOLUTION NO.
qualifications
The team of consultants is qualified to undertake this study on the basis of our skills, our
relevant experience, and the personnel we would assign to the project. Complete information
is appended to the proposal. Following are relevant highlights:
Profile: Webb Management Services, Inc, was founded in March 1997 as a management
consulting practice for the development and operation of cultural facilities and for the
advancement of cultural organizations. Services include facility development studies, facility
and organization business plans, project management, presenting and programming support,
and organizational advancement plans. We deliver effective and efficient services that are
comprehensive and collaborative.
Relevant Experience: Following are descriptions of three jobs particularly relevant to the
Collin County Cultural Arts District Stucky:
Plano Per/ormingArts Center Business Plan, Plano, TX (1999.2000):
Webb Management Services, Inc., working with a team of designers, finished a business plan
for proposed new art facilities in Plano. The project included a new 1,500 -seat concert theater,
and the conversion of a school gymnasium into a flexible 350 -seat courtyard theater. hardy
Holzman Pfeiffer and Associates completed the design for the smaller theater; the facility is
scheduled to open in April 2002. The business plan for the project considers how these
facilities will be used how they should be scheduled, and how they should be operated. Of
particular importance has been the development of a booking policy for the smaller theater
that provides some level of priority to school district programa, while at the same time
ensuring sufficient access and lead-time to community arta organizations.
Dallas Center for the Performing Arts Feasibility Study, Dallas, TX (2001).-
Webb
2001):Webb Management Services was hired as a sub -consultant to Theatre Projects Consultants for
a feasibility study on new performing arta facilities in Dallas. The first phase of the study led
to the conclusion that there is capacity in the market area to support programa at new
performing arta facilities. In the second phase of the study, Webb Management Services
developed an operating and governance plan with a pro -forma operating budget for proposed
facilities. This plan considered alternative operating models against the current environment
and resources in Dallas, in addition to models in other communities. Pro -forma operating
budgets identified potential sources of earned revenues based on detailed forecasts of use for
the six proposed new facilities, as well as the operating expenses for the entire project.
Greater Lansing Arts and Education Center Feasibility Study, Lansing, MI (2001):
Webb Management Services recently finished a business plan for a new community arts
center in Lansing that is to include three theatres (500 seats, 299 seats and 125 seats), an
art gallery, office for the regional arts council, and a charter school. The business plan
includes recommendations on governance, operating policy, access and scheduling, pro.
forma operating budgets, and an implementation plan. Our study followed a feasibility
study completed two yeare ago that made initial recommendations on the size, shape and
combination of facilities that would respond to the needs of the community. Our
recommendations were based on the belief that the Center act as a unifying influence to
Page 2
EXH1B
PAGE 0F
ATTACHMENT "A" TO RESOLUTION NO.
bring the regional arts community together, promoting partnerships and collaborations
within that community and with educators.
Team Biographies
Duncan bL Webb, President of Webb Management Services, Inc., has completed more than
100 consulting assignments over the last twelve years, including terms with AMS Planning &
Research and Theatre Projects Consultants. Recent study clients include the New York
Philharmonic, George Mason University and the City of Virginia Beach. Mr. Webb entered the
theatre profession as a lovesick maiden in Gilbert and Sullivan a Patience in 1969. Since then,
he has completed degrees in economics and business administration, worked in international
banking, produced commercial, industrial & experimental theatre, taught at NYU s graduate
program in arts administration, and earned the Certified Management Consultant designation
of the Institute of Management Consulting. Mr. Webb will be the Project Manager for the
study, to be the primary point of contact with the client and attend all major meetings and
presentations. This assignment will not be changed without the prior written consent of the
Client.
Leslie Graham, Consultant for Webb Management Services, would also work on the study.
Ms. Graham holds an M.BA from Boston University's Graduate School of Management (with
a certificate in non-profit management), and holds a Bachelor of Arts degree from Washington
University in St. Louis. Her extensive work experience with non-profit arta organizations
ranges from theater production at the Huntington Theatre Company and administration at
the Jamaica Plain Arte Council, both in Boston, to education programa at the National Gallery
of Art in Washington, D.C. For this assignment, Ms. Graham will conduct research for the
compilation of the business plan.
Sarah AL Jaycox, Consultant for Webb Management Services, would also work on the study.
Ms. Jayoox holds a Master's degree in theater/arts management from Northwestern University
in Cbicago, and a Bachelor of Arts degree from Colgate University in upstate New York. She
has worked on market research as well as held positions as director, writer, actor, teacher and
manager of the theatre. Current assignments at Webb Management Services include
feasibility studies and market analyses for new facilities in Virginia Beach, Virginia; Bowling
Green, Kentucky; and Blacksburg, Virginia. Ms. Jaycox will assist with the collection and
analysis of information on local arts organizations.
scope of services
There are two elements to our scope of services. The fret is in relation to the Needs
Assessment, where we would be working with Theatre Projects Consultants to develop a
fundamental plan for new facilities. In the second phase of work, we would develop a
preliminary business plan for recommended facilities. There would be some overlap between
the two phases of work, which we have illustrated on the attached schedule.
Papp EXHIB
PAGE—Of
ATTACHMENT "A" TO RESOLUTION NO.
Needs Assessment
Webb Management Services would work with Theatre Projects Consultants on the Needs
Assessment component of the study. In general, Webb Management Services conducts the
research that leads to basic conclusions on what is needed. Then, working with Theatre
Projects Consultants, we develop physical plans that conform to those recommendations, and
together consider various site criteria and alternatives. Specifically, our work covers the
following teaks:
Review of Previous Materials: Review any previous studies on the arts market, arts
activity and the need for new facilities, including work underway in the immediate region.
Market Analysis:
Consider the potential audience for arta and entertainment activities in the Collin County
market area in terms of the following analysis:
Market Area Definition and Characteristics: Define the appropriate market for the
performing arts and describe that population in terms of aim, rate of growth, and
demographic factors such as age, income and education.
Patron Analysis and Market Penetration: Using the PRIZM geo-demographic modeling
system, describe existing and potential audiences for new facilities in and around
Collin County in geo-demographic terms. This exercise will allow us to suggest the
penetration of arta groups into key market segments and the potential to build
additional performing arts audiences in the area.
Non-resident Market Potential: Review data and plane on regional tourism to suggest
the potential to attract non-resident audiences to programs at new facilities, and what
positioning will enhance non-resident market potential.
Facility Uses and Users: Meet with local arts groups, independent artists, regional
presenters, entertainment providers, facility operators, educators, and community leaders
to assess the demand for new facilities and the likely level of activity if new facilities are
developed. This will include the need for new performance spaces, as well as the need for
rehearsal, production, support, educational and other associated facilities. Information
will be collected through a combination of individual interviews, group sessions and
surveys of arts organizations.
Comparable Projects: Research comparable performing arta center projects in
communities around the country to inform the development and operation of new facilities
in Collin County. Key areae of research are governance and operating models, the
scheduling of facilities, levels of utility and cost, the impact of new facilities on other
community facilities and programs, partnerships used to develop and sustain new
facilities, the key factors that led to successful operation of the building, and those themes
or issues that are relevant to the Collin County situation.
Page EXHIBIT
PAGE J4 OF
ATTACHMENT "A" TO RESOLUTION NO.
Site Alternatives and Site Selection Criteria: Provide information and insights to the
Committee on various site alternatives and the development of site criteria as it relates to
issues such as access to audiences, mixed use development potential, economic impacts,
economic development and community development. Site work relative to these issues
will be the responsibility of Webb Management Services, but will be integrated into the
overall site analysis being conducted by Theatre Projects Consultants.
Facility Recommendations: Based on the above, present preliminary conclusions and
recommendations to the Committee concerning the development of new arts facilities. Describe
recommended facilities in terms of their physical components, capacities, and relationship to
other community facilities. Review findings in a workshop setting to establish consensus on
the concept and its fit with long-term community development goals. This includes the
development of a consenaus-building statement with the Committee and findings on various
theater options and alternatives.
Needs Assessment Presentation
Present any deliverables and the findings of this initial analysis including conclusions and
recommendations to the Committee and any other invited guests. Working with the group,
reach a consensus on a fundamental concept and vision with which to move forward.
Preliminary Business Plan
To develop a preliminary business plan for the recommended facilities and advise on the
institution of a cultural arts district, our process includes the following elements:
Define Goals and Practices: Define operating goals for the proposed facilities and the
cultural arts district, covering such areas m cost recovery objectives, community access,
services, and maximizing utility.
Cultural Arts District Planning: Review cultural arts district planning to date, including
the work and plans of cultural organizations in the four -city market. Assess other community
organizations and resources (e.g. the Visitors and Convention Bureau) for the development,
funding and promotion of cultural organizations and programs in Collin County. Recommend
how a cultural arts district can be formed and implemented in Collin County.
Activity Profile: Prepare an activity profile for recommended facilities, hating types and
levels of use by specific regional and local organizations and identifying other uses and users
for the recommended facilities. This is an important first step in the development of pro -forma
operating forecasts.
Governance and Operations: Propose an operating model for recommended facilities,
addressing ownership, governance, staffing requirements, and operating issues such as
community access, scheduling and presenting. Also address how each of the communities
participating in the project will have a voice through planning, design, construction and
operation of recommended facilities. If necessary, help draft or give examples of relationship
agreements among the parties.
Pages EXHIBIT
PAGE—OF
ATTACHMENT "A" TO RESOLUTION NO.
Scheduling Charrette: Once operating policies and practices have been developed in a
preliminary form, invite key potential users of facilities to participate in a planning charrette,
at which policies and practices are tested and refined.
Pro -forma Operating Budget: Construct a pro -forma operating budget for the first stable
year of operations in recommended facilities (generally the second year), identifying all sources
of operating revenues and expenses, an appropriate capital reserve and the likely result of
operations. Deliver a financial forecasting model to allow for further testing and evaluation of
the financial impact of changes to basic project assumptions. Also estimate operating revenues
and expenses in the year that the facility opens, as well as the two years prior to opening.
Funding Plan: Investigate potential funding sources for the construction and operation of
the recommended facility, including both public and private sources. Offer preliminary
guidance on the creation of a funding plan, and how to use the completed feasibility study
as a fundraising tool. Recommend a fundamental strategy to raise all required fonds.
Economic Impact: Forecast the economic impact of new facilities, including the impacts
of construction, operation and ancillary spending associated with attendance at facilities.
Use the RIMS II model developed by the Bureau of Economic Analysis to estimate the
direct and indirect impacts of the project on the market area, including outputs, increased
earnings and employment.
Final Report & Presentation: Present a final report on findings at the Committee's
convenience with all findings, conclusions and recommendations.
Deliverables
For each of these two scope elements, we will present and deliver Powerpoint
presentations, plus all supporting data and narrative descriptions of our analysis. In
addition, we will develop and deliver an Executive Summary report that combines and
summarizes all of our work with that of Theatre Projects Consultants at the end of the
study. Webb Management Services and Theatre Projects Consultants will share the
responsibility for the delivery of these reports.
Committee Responsibilities
A necessary component of successful completion of the planning process is Committee
involvement. We would ask for assistance in the following areas:
EXHIBIjF
PateG PAGE Oi
ATTACHMENT "A" TO RESOLUTION NO.
➢ Gathering of previous studies and other relevant information.
➢ The identification of study informants.
➢ Access to meeting rooms and administrative support while in Collin County.
➢ The scheduling of interviews.
➢ Access to City GIS staff and resources.
fee proposal
Fee for Services: We would propose professional fees for each phase as follows
Needs Assessment: $20,000
Business Planning: $20,000
Expenses: Billed in addition to fees, for travel to the area and communications (i.e.
telephone, fax, courier, printing) related to the assignment. We would estimate expenses
for the study as follows:
imate of Expenses
Needs Assessment Travel 4 Pelson -trips at $800 $ 3,200
Communications: 2 months Q $100/m $ 200
Sub -total $ 3,400
Business Plan: Travel: 4 Person -trips at $800 $ 3,200
Communications: 2 months (Qa $100/m $ 200
Sub -total $ 3,400
Please note that the consultants will do everything possible to minimize expenses to the
Client by scheduling trips to the area well in advance. Accordingly, the Committee's
support with advance planning and scheduling will be a critical factor. Arrangements
with hotels should also be explored to reduce these costs.
Schedule: We are ready and willing to begin the study when authorized by the
Committee. A schedule and work flow chart is attached.
Billing: Fees will be billed each month based on the progress of the study. Expenses are
billed as incurred.
Term of Proposal: This proposal is valid for a period of thirty days, starting February
15, 2002.
Yours sincerely,
EXHIBIT
-----+�!\S Pam? PAGE —7—OF
ATTACHMENT W TO RESOLUTION NO.
Duncan M. Webb, CMC
President
E,
Page PAGE AGE-k�j-OF
ATTACHMENT "A" TO RESOLUTION NO.
Affidavit of No Prohibited Interest
I, the undersigned declare and affirm that no person or officer in this
sole proprietorship, partnership, corporation, or board has or will have during
the term of this contract a prohibited interest as that term is defined in Section
11.02 of the Plano City Charter and the City's Code of Conduct, Chapter 2,
Article IV of the City's Code of Ordinances.
I further understand and acknowledge that the existence of a
prohibited interest at any time during the term of this contract will render the
contract voidable.
.Name of Contractor
Byl-) _
`Signature
Print Name
Title
Dabs: 2'/ZZ/(D 2 -
STATE OF
COUNTY OF §
SUBSCRIBED AND SWORN TO before me this
day of
'2002.
Notary Pubic, State of
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EXHIBIT 16
N:NDINTRSr
PACE. -/--OF I
INTERLOCAL AGREEMENT
BETWEEN THE CITIES OF ALLEN, FRISCO, MCKINNEY, AND PLANO
CONCERNING CONSULTANT SERVICES FOR A COLLIN COUNTY CULTURAL
ARTS DISTRICT.
WHEREAS, the Cities of Allen, Frisco, McKinney, and Plano, Texas, (the "Cities")
desire to pool their resources to explore the feasibility of creating a Collin County Cultural Arts
District ("CCCAD") as a venue for the performing arts; and
WHEREAS, the Cities desire to enter into an agreement (the "Agreement') to establish
their respective duties; and
WHEREAS, a committee (the "Committee") comprised of members appointed by the
Cities will be responsible for retaining one or more consultants and taking such other action as is
necessary toward completing the CCCAD feasibility study; and
WHEREAS, the Cities have current revenues available to satisfy their share of the fees
and/or expenses incurred pursuant to this Agreement.
NOW, THEREFORE, this Agreement is made and entered into by the Cities of Allen,
Frisco, Plano and McKinney and for the mutual consideration stated herein.
ARTICLE 1.
Plano, under the supervision and direction of the Committee, shall seek proposals and
enter into an agreement for professional services with one or more consultants for the purpose of
developing a plan that will lead to the selection of a site and project design for shared cultural
facilities. The consultant services shall include an assessment of needs, inventory of local
facilities; alternative theater concepts, site location, design criteria, governance and a business
plan for the district. Plano will provide a copy of the executed consultant agreement(s) to Allen,
Frisco and McKinney.
ARTICLE B.
The Committee shall be comprised of one appointee from each of the member Cities. The
Committee will develop a vision and development program document to be submitted to the
Cities for their consideration and action. All Committee actions shall be by majority vote.
ARTICLE III
The Cities agree to each contribute Thirty Two Thousand, Five Hundred Dollars
($32,500.00) into a fund to be administered by Plano. These funds shall be used by Plano to pay
for consultant services and other expenses as determined by the Committee. Total cost under this
Agreement shall not exceed One Hundred and Thirty Thousand Dollars ($130,000.00) without
the prior approval of all parties to this Agreement.
Page 1 of 6
ARTICLE IV
To the extent allowed by law, each party agrees to release, defend, indemnify, and hold
harmless the other (and its officers, agents, and employees) from and against all claims or causes
of action for injuries (including death), property damages (including loss of use), and any other
losses, demand, suits, judgments and costs, including reasonable attorneys' fees and expenses, in
any way arising out of, related to or resulting from its performance under this Agreement, or
caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or
any other thud parties for whom it is legally responsible) in connection with performing this
Agreement.
ARTICLE V
The laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this Agreement. The parties agree that this Agreement is performed in Collin and
Denton Counties, Texas, and that exclusive venue shall lie in Collin County, Texas.
ARTICLE VI
The provisions of this agreement are severable. If any paragraph, section, subdivision,
sentence, clause, or phrase of this agreement is for any reason held by a court of competent
jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect
of the law, the remaining portions of the agreement shall be enforced as if the invalid provision
had never been included.
ARTICLE VII
This agreement embodies the entire agreement between the parties and may only be
modified in writing executed by all parties.
ARTICLE VBI
This agreement shall be binding upon the parties hereto, their successors, heirs, personal
representatives and assigns. No party will assign or transfer an interest in this agreement without
the written consent of the other parties.
ARTICLE IX
It is expressly understood and agreed that, in the execution of this agreement; the parties
do not waive, nor shall they be deemed hereby to have waived any immunity or defense that
would otherwise be available to them against claims arising in the exercise of governmental
powers and functions. By entering into this agreement, the parties do not create any obligations,
express or implied, other than those set forth herein, and this agreement shall not create any rights
in parties not signatories hereto.
ARTICLE X
This agreement shall be effective upon execution by the parties and shall continue in
effect annually until final completion of the consultant's contract. This agreement shall
automatically renew annually during this period.
Page 2 of 6
CITY OF PLANO, TEXAS, a home -rule
municipal corporation
THOMAS H. MUEHLNBECK
City Manager /,
Date: / � :7 Lots
Approved as to form:
�ffC/ cane C. Wetherbee
City Attorney
CITY OF ALLEN, TEXAS, a home -rule
municipal corporation
By: -�
PETER H. V
City Manager
Date:
Approved as to form:
2
Pete Smith
City Attorney
,5A3- I_
Page 3 of 6
CITY OF FRISCO, TEXAS, a home -rule
municipal corporation
LE
Approved as to form:
Richard Abernathy
City Attorney
GEORGE PUREFOY
City Manager
Date:
CITY OF MCRTNNEY, TEXAS, a home -rule
municipal corporation
By: t6*tic-
Y ROBINSO
City Manager
Ap eA ems trbrm:
Mark S. Houser
City Attorney
Page 4 of 6
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on thisLday ofd, 2002 by
THOMAS H. MUEHLENBEM City Manager of the CITY OF PLANO, TEXAS, a home -
rule municipal corporation, on behalf of said corporation.
�.f.
,r^'n ALICIA NORCROSS f2C�✓yQ��.
6 NOTARY PUBLIC
* State W Texas Notary Public, State of Texas
�---`E Comnr. ExP. Ofr22-2002
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on this day of ml4 2002 by
PETER H. VARGAS, City Manager of the CITY OF ALLEN, TEXAS home -rule municipal
cc op fi . §8%tion.
Nonry Publs. Slate of Texas
SEPTEM8ER 18, 2004
Notary Publi6, Stat of Texas
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on this day of 2002 by
GEORGE PUREFOY, City Manager of the CITY OF FRISCO, TEXAS, a home -rule
municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
Page 5 of 6
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on this ± day of 2002 by
LARRY ROBINSON, City Manager of the CITY OF MCKINNEY, TEXAS, a home -rule
municipal corporation, on behalf of said corporation.
`•`yL'•.,
Notary Puby, State of Texas
SEM L. COSGROVE
W.ry WOac State Oases
g`.. .`, MY Comm�W0,E, res03'(r
Page 6 of 6
CITY OF ALLEN
February 28, 2002
City secretary Thomas H. Muehlenbeck
Judy hf r uon City Manager
City of Plano
P. O. Box 860358
Plano, Texas 75086-0358
Dear Mr. Muchlenbeck:
Enclosed is a certified copy of Resolution No. 2028-2-02(R) of the City of
Allen, involving an interlocal cooperation agreement concerning consultant
services for a Collin County Cultural Arts District, together with a clean
copy of the executed agreement.
I have enclosed a duplicate original of pages 3-6 to be returned to our office
after execution.
Sincerely,
Kay Drescher
Administrative Secretary
City Secretary's Office
enclosures
ONE ALLEN CIVIC PLAZA • ALLEN, TEXAS 75013
972!727-0100 • FAX 972/727-0165
EMAIL: cm0ci.allen.mus
City Secretary
Judy Monson
CITY OF ALLEN
June 4, 2002
John D. Gilliam
First Assistant City Attorney
City of Plano
P. O. Box 860358
Plano, Texas 75086-0358
Dear Mr. Gilliam:
Enclosed are quadruplicate originals of an Interlocal Agreement concerning
consultant services for a Collin County Cultural Arts District between the
Cities of Allen, Frisco, McKinney, and Plano.
Please return a fully executed original for our file.
Sincerely, nn
61 �''L tJ
Kay Drescher
Administrative Secretary
City Secretary's Office
enclosures
ALLEN CIVIC PLAZA • 305 CENTURY PARKWAY • ALLEN, TEXAS 75013-8012
972/727-0100 • PAX 972/727-0165
EMAIL: co 0dall".mus
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Mayor
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City Manage.
PO Box 860356
Plano, Texas 15086-03M
972-941-7000
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Mr. Peter Vargas
City Manager
City of Allen
305 Century Parkway
Allen, Texas 75013
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city of plano11
May 21, 2002QcrC\VE@
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Re: Interlocal Agreement Between the Cities of Allen, Frisco,
McKinney, and Plano Concerning Consultant Services for a
Collin County Cultural Arts District
Dear Mr. Vargas:
The above -referenced Interlocal Agreement has gone astray in the
routing process. Therefore, enclosed please find four (4) copies of the
Interlocal Agreement, identical in all respects to the originally circulated
document, which will need to be re -executed on behalf of the City of Allen.
Please sign and date each copy and have your signature notarized and
return all four copies to me. A fully executed Agreement will be forwarded
to you for your records.
We apologize for the inconvenience. If you have any questions,
please feel free to call me.
JDGAk
Enc.
L -ILA SIGNATURES
Sincerely,
ohn D. Gilliam
First Assistant City Attorney
Tel. (972)941-7125
FAX: (972)424-0099