Response to the Request for Qualifications/Proposals ... · Attachments: Term Sheet, Endorsement...

Response to the Request for Qualifications/Proposals

Specification No. ED05-0808F

Submitted by Broadway Center for the Performing Arts

Christopher Algeo, President Josie Turner, Acting Executive Director

Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals


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CONTENTS

A. Cover Page ............................................................................................................................ 2

B. Nature and structure of respondent, operational goals and priorities ........................... 3

B.1 A narrative summary of the nature and structure of the proposed management and presenting arrangement (e.g. lease/license agreement, management and/or presenting contract) ............. 4

B.2 The narrative should address how the Respondent intends to divide its priorities between facility maintenance, facility management, and operation, and, if it chooses, presenting. ........................ 5

B.3 how the proposal addresses each of the goals as stated herein. Proposals must address all Performing Arts Facilities.......................................................................................................................... 6

C. Qualifications and expertise................................................................................................ 8

C.1 Qualifications of the board of directors and the organization’s expertise in managing community-based performing arts facilities. ............................................................................................. 8

C.2 Respondent’s knowledge and abilities to work with other non-profit organizations, the broader arts community, community groups, labor unions, and create and facilitate public/private partnerships.............................................................................................................................................. 12

D. Term Sheet ...........................................................................................................Attachment

E. A preliminary operating pro forma showing the methodology for maintenance and operations of the facilities......................................................................................... 15

F. A staffing plan that includes an organizational chart showing key management personnel and identification of onsite management personnel. Indicate whether key staff has been selected and if so, include resumes and references..................... 16

F.1 Organizational Chart ................................................................................................................. 16

F.2 Staffing Plan.............................................................................................................................. 16

G. A box office and ticket sales plan including responsibilities for group and subscription sales and the methodology for incorporating activities of the resident arts organizations............................................................................................... 18

H. A facility utilization and marketing plan........................................................................... 18

H.1 Describe the mix of event types to maximize utilization of the facilities.................................. 20

H.2 Marketing .................................................................................................................................. 24

H.3 Strategies, resources, and experience to achieve those goals. ................................................... 25

I. A transition plan for the assumption of booking and management from the current management. ........................................................................................................ 30

J. A plan to establish, implement, and comply with customer service standards. ......... 30

K. A minimum of four references. ......................................................................................... 31

L. Any other information that would help the evaluation panel understand and evaluate the proposal........................................................................................................ 31

Attachments: Term Sheet, Endorsement Letter, Job Description for Executive Director, Job Description for Director of Production Services, Resumes of Key Staff, Marketing Samples



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A. Cover Page

A.1 Responding entity’s name and mailing address

Broadway Center for the Performing Arts

901 Broadway

Tacoma, WA 98402-4415

A.2 Respondent’s current legal status: corporation, partnership, sole proprietor, etc.

Broadway Center for the Performing Arts [BCPA] is a 501(c)(3) nonprofit

corporation.

A.3 Federal ID number or Social Security number 91-1106878

A.4 State ID number 600 507 150

A.5 Contact person’s name title, phone number, fax number, and email address.

Christopher Algeo, Chair

Broadway Center for the Performing Arts

(W) 253-597-8322

(FAX) 253-627-5692

[email protected]

A.6 Signature of authorized corporate officer for each entity proposing individually or as a partnership or team.

Christopher Algeo Broadway Center for the Performing Arts



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B. Nature and structure of respondent, operational goals and priorities We are pleased to respond to the City of Tacoma’s request for new ideas for the

management and use of its Theater District facilities [Pantages Theater, Rialto

Theater, Theatre on the Square, The Rehearsal Hall, the Jones Building].

Broadway Center for the Performing Arts is a 501(c)(3) nonprofit organization

established in 1983 and originally known as The Pantages Centre. Broadway

Center [BCPA] is governed by a volunteer Board of Directors and supported by

over 100 volunteers.

Mission/Vision/Values

MISSION STATEMENT: The mission of the Broadway Center is to provide

outstanding venues in which we and others entertain, educate and delight people

of all ages.

VISION: We envision the Broadway Center as the premier center for the

performing arts in South Puget Sound.

VALUES: Integrity, openness, access, leadership, collaboration and fiscal

responsibility are the values that guide us.

The mission, vision and values statement established in the 2003-2005 Broadway

Center Strategic Plan embrace the Resident Arts Organizations as the core users

of the theaters. The BCPA has also embraced fundraising as an essential activity

in the pursuit of its mission, evidenced by its role in the 1991-93 Theater District

campaign and its current campaign to fund the renovation of the Pantages Lobby.

During our tenure as manager and presenter, the BCPA has developed strong and

lasting relationships with the local philanthropic community.

Operational goals identified in the Strategic Plan are:

Goal #l: Increase awareness and appreciation of the value of Broadway

Center to the communities we serve.

Goal #2: Increase the rental and community use of the facilities.

Goal #3: Increase and expand the funding base.



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Goal #4: Increase and diversify our audiences.

Goal #5: Continue to develop and improve the facilities.

Goal #6: Increase and enhance the delivery of our performing arts and

related education programs

Since the BCPA assumed the management of the Pantages and the Jones Building

in 1983, the Theater District reemerged as an epicenter for social and economic

activity in Tacoma. The area now boasts lively coffee shops, profitable stores and

some of the finest restaurants in Tacoma. While the BCPA has a long history of

promoting economic development in Tacoma, we recognize that there is potential

for broadening the economic impact of the District by increasing theater usage,

marketing to a more diverse audience, and collaborating with others who will

benefit from BCPA performances and other Theater District activities.

The BCPA Board has demonstrated its ongoing commitment to the managing and

operating the facilities through its participation in the Management and Analysis

Report (March 2005), the work of the Performing Arts Steering Committee and in

the development of this proposal. Past and current campaigns demonstrate the

Board’s commitment to its fundraising role. Building on our long-term stable

structure, knowledge of the facilities, and linkages in the community, we will

work in partnership with the City of Tacoma to ensure the viability of the theaters

as Tacoma treasures. By incorporating enhanced transparency, collaboration and

accountability into each component of the plan we have developed, we are able to

propose a sustainable model for the BCPA, its patrons, donors, users and the City

of Tacoma.

B.1 A narrative summary of the nature and structure of the proposed management and presenting arrangement (e.g. lease/license agreement, management and/or presenting contract)

Broadway Center proposes to continue as manager and presenter on the basis of

new collaborative and more flexible management and presenting agreement with

measurable outcomes. In developing our business plan, the BCPA has made every



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effort, within the limits of the capacities of the donor base and operational

revenues, to meet the City’s goal of greater financial independence. However,

experience tells us that three modestly sized theaters that serve primarily non-

profit arts organizations, provide educational programs to the public, and nurture

diverse community-based arts and culture organizations will not wholly sustain

themselves. At the same time, the plan we propose presents a number of strategies

to increase revenues as we expand the utility of the facilities as a vibrant

performing arts center that will generate significant benefits to the City and its

business community.

B.2 The narrative should address how the Respondent intends to divide its priorities between facility maintenance, facility management, and operation, and, if it chooses, presenting.

In keeping with our mission and 2003-2005 Strategic Plan, BCPA proposes to

assign equal priority to the roles of facility management and operation and

presenting. We concur with the Performing Arts Steering Committee statement in

its August 2005 Draft Principles for RFP, that the “city should be fiscally

responsible for the execution of maintenance with exception of janitorial.” Our

role would be as a partner with the City in its commitment to “take steps to

preserve these facilities for future generations of Tacoma citizens,” to maximize

the economic impact of the Theater District and to foster its development.

The Strategic Plan developed by Broadway Center’s Board includes goals,

objectives and actions that directly support the City’s goals to maximize the

economic impact, preserve the theaters, develop the Theater District and

encourage private fundraising. The plan calls for implementing new public

relations and marketing strategies and completing major capital facilities

improvements. Elements of the plan that are responsive to the City’s goals are:

Goal #l: Increase awareness and appreciation of the value of Broadway

Center to the communities we serve.

Goal #2: Increase the rental and community use of the facilities.



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Goal #3: Increase and expand the funding base.

Goal #4: Increase and diversify our audiences.

Goal #5: Continue to develop and improve the facilities.

Goal #6: Increase and enhance the delivery of our performing arts and

related education programs

B.3 Discuss how the proposal addresses each of the goals as stated herein. Proposals must address all Performing Arts Facilities.

The approach we propose for managing and operating all Performing Arts

Facilities addresses each of the City’s goals with strategies that are summarized in

the table below.

A. Support and maximize the economic impact of the Theaters on Tacoma

Increase facilities use by diversifying use types, presenting different genres and enhancing marketing and outreach

Cross-marketing with hotels and restaurants

Collaboration and cross-marketing with Greater Tacoma Convention and Trade Center, Tacoma Regional Convention and Visitors Bureau

B. Preserve the Theaters as a long-term legacy for future generations

Create clear definition of and accountability for maintenance responsibilities

Create a Facilities Oversight Committee, including significant participation by Resident Arts Organizations [RAOs], Board and staff, to identify conditions, needed repairs and emerging issues

Collaborate with RAOs to prioritize and plan for future improvements

Plan and execute fundraising campaigns

Together with the City of Tacoma, create an endowment for the facilities



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C. Ensure accountability in the operation of the Theaters while minimizing City involvement in day-to-day operations

Recruit and hire the Executive Director who reports to the BCPA Board and serves as liaison to RAOs

Assess and report emergent needs to the City of Tacoma

Develop Strategic Business Units for Presenting and Facilities Management

Use the Facilities Oversight Committee to evaluate performance against goals set by stakeholders

Utilize website as portal to create transparency in fiscal and management reporting

Add custodial staff

D. Continued development of the Tacoma Theater District

Develop branding and marketing for the District

Leverage the theaters’ activities as an economic tool

Active engagement with Downtown Merchants Group, Greater Tacoma Convention and Trade Center, Tacoma Regional Convention and Visitors Bureau, Chamber of Commerce, Theater District Merchants, housing developers

Pursue cross-marketing with hotels and restaurants

Leverage Farmers Market activities and festivals to engage the public in the BCPA

Collaborate with emerging and community-based arts groups to expand audience base and facilities rentals



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E. Support and encourage private sector fundraising to meet the capital improvements needs of the Theaters

Strengthen and enhance development department and donor relations programs

Establish membership levels with benefits

Develop new programming to encourage corporate sponsorships

Utilize website as portal to create transparency regarding the needs of the theaters

C. Qualifications and expertise

C.1 Qualifications of the board of directors and the organization’s expertise in managing community-based performing arts facilities.

Since 1983 the BCPA has brought together community-based board leadership

and staff to steward theatrical performance facilities owned by the City of

Tacoma. The leadership, vision and hard work of the BCPA has benefited local

and regional patrons and producers and driven the revitalization of downtown

Tacoma. The BCPA was instrumental in creating the Theater District and helped

successful private fund raising efforts that restored two nearly abandoned historic

theaters, the Pantages Theater and the Rialto Theater. Later it led the highly

successful Theater District Campaign, which raised over $12 million to create a

highly functional new theatrical addition, Theatre on the Square and the Rehearsal

Hall. More recently, the BCPA has energized donors once again to reinvest in the

current effort to fund the $5.4 million Campaign for the Renovation of the

Pantages Theater.

The 2005-2006 Board of Directors includes members of the business and

professional community and respected community leaders, a number of whom

have served on the Board for many years. Please note a significant number of past

presidents continue their BCPA service.



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Board members are:

Mr. Christopher W. Algeo, BCPA President Vice President/Business Financial Advisor Merrill Lynch

Mr. Jim Anderson, BCPA Past-President President, Concrete Technology Corp.

Mr. Monte Bersante Attorney, Shareholder Davies Pearson, PC

Ms. Ann Brown, BCPA Past-President Executive Director American Leadership Forum

Mr. Larry J. Couture, BCPA Past-President Tuell, Couture & Tuell, P.S. Attorney

Mr. Jim Dawson, BCPA Past-President Financial Consultant LPL Financial Services

Mr. Steph Farber, BCPA Past-President LeRoy Jewelers Business Owner/Jeweler

Mr. Richard Garchow President and Business Owner Great American RV

Mrs. Barbara Gelman Pierce County Council Member District 5 Pierce County Council

Mr. Stephen C. Gray, BCPA President Elect Secretary/Treasurer Gray Lumber Co.

Mr. Al Hampton Tacoma Fire Department, Retired

Ms. Margaret Lapin, BCPA Past-President Development Business Owner

Mrs. Babe Lehrer Retired Business Owner

Mr. Lamont Loo Lawyer Davies Pearson P.C.

Mr. Bill Martyn, BCPA Treasurer Retired Weyerhaeuser Executive Ms. Marguerite Mattingly Associate Broker Windemere Real Estate/Paragon Co.

Ms. Diane Powers Executive Director Nativity House

Mr. Greg Pratt, Past-President Attorney

Ms. Barbara Reed Director of Advertising Supervalue NW Region

Mr. Jon Self Project Manager The Boeing Company

Mr. Michael D. Summers Community Volunteer

Mr. Leon E. Titus III General Manager Budget Rent-a-Car of Tacoma



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Mr. John Trueman, BCPA Past-President Real Estate Appraiser Trueman Appraisal Co.

Mr. Gregory J. Unruh , BCPA Secretary Commercial Banking

Wells Fargo Bank

Mrs. Elaine Williams President Relationship Marketing

Mrs. Elizabeth Allen Willis Director, Corporate World Trade Center Tacoma

Organizational Expertise

The BCPA has been managing performing arts facilities since 1983, when it

contracted with the City of Tacoma for the management of the newly re-opened

Pantages Theater. In accepting that responsibility, the BCPA embraced the

underlying charge to serve RAOs and other performing arts groups, patrons of the

arts and the general public in its role as manager. The BCPA now operates and

manages theater and rehearsal facilities for its own use, and rents these spaces to

more than twelve local and regional performing arts and community

organizations, including nine resident organizations.

The 1,169-seat Pantages is home to The Tacoma Opera, Tacoma City Ballet,

Tacoma Philharmonic, Tacoma Concert Band, and Tacoma Symphony Orchestra.

The 742-seat Rialto is home to the Tacoma Youth Symphony Association,

Northwest Sinfonietta, and the Puget Sound Revels. The contemporary 302-seat

Theatre on the Square is home to Tacoma Actors Guild. The Rehearsal Hall is

used frequently by the Tacoma Symphony Orchestra, the Tacoma Youth

Symphony Association, the Tacoma Philharmonic and the Tacoma Concert Band.

The BCPA also actively markets all Broadway Center rehearsal and performance

facilities for rental by the general public.

Acting Executive Director Josie Turner has a distinguished record of fostering

cultural development by involving stakeholders. As cultural program director for

the City of Auburn she played an instrumental role in establishing the Auburn

Symphony Orchestra and in the expansion of the White River Valley Museum

through a public/private partnership. Her prior positions include City of Tacoma



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Community Initiatives Division Manager and manager of the Culture and

Tourism Division. Ms. Turner served as manager of the Performing Arts

Facilities Task Force, a group of 80 volunteers whose work to develop a new

model for management of the Broadway Center’s facilities helped frame this

response to the RFQ/P. As Acting Executive Director, Ms. Turner is responsible

for budget development, fiscal management, marketing, development, capital

campaign, board development, production scheduling and program selection.

Led by Ms. Turner, facilities management staff includes production Stage

Manager, Scott Painter; House Manager Kate Walsh; Concessions Manager

Brenda Ramsey; Facilities Manager Patricia Henness; Ticket Office Manager

Nicole Zorn and Director of Communications and Marketing Lacey Leffler. Nan

Peele, President of the of TAG Board of Directors, recently described the BCPA

facilities staff as “caring and responsive” and “on target.” Erin Ceragioli, Artistic

Director of Tacoma City Ballet described Scott Painter as “a gem.”

Together, with the assistance of support staff, the Facilities Management Team

provides:

Cooperative calendaring performance seasons with RAOs

Show services

Front of house services

Ticketing

Custodial services

Marketing and booking rental use by the public

Cooperative marketing of performance seasons with RAOs

The BCPA’s management of the facilities also includes providing administrative,

marketing and ticketing services to RAOs and renters. The Tacoma Actors Guild,

Tacoma Youth Symphony Association, and Tacoma Philharmonic lease office

space in the Jones Building at below market rates. This enables these



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organizations to conserve scarce resources by minimizing overhead and to have

their administrative offices located conveniently near their performance and

rehearsal facilities. RAOs and renters also have the option of enabling their

patrons to purchase tickets by phone or in person through Broadway Center’s

ticket office. On-line and box office ticketing services are offered at a lower cost

than commercial services, and the ease of use promotes patronage.

C.2 Respondent’s knowledge and abilities to work with other non-profit organizations, the broader arts community, community groups, labor unions, and create and facilitate public/private partnerships.

The BCPA offers administrative, marketing and ticketing services to Resident

Arts Organizations and renters and serves as facilities manager to Jones Building

tenants, the Tacoma Actors Guild, Tacoma Youth Symphony Association, and

Tacoma Philharmonic. As a promoter of the Theater District and of the

performing arts, the BCPA provides co-marketing opportunities to RAOs and

other renters, who benefit from inclusion in Broadway Center’s season brochure,

newsletter, house programs and website. As the current manager and operator of

the Theater District facilities, the BCPA has consistently negotiated successfully

with both the IATSE Stagehands Local 15 and the Wardrobe Local 887.

The BCPA has been a facilitator and supporter of local producing organizations

representing almost every genre of the performing arts. We have been a vital part

of supporting an active theater district through initial and continuing leadership

with community festivals, film festivals, music festivals, First Night and more.

The BCPA is planning an opening celebration with RAOs when the Pantages

renovation is complete.

Throughout the past many months, facility users, arts donors, arts managers and

City staff have convened study groups to analyze the current operating model and

propose alternatives. BCPA staff and Board members have openly and earnestly

participated in this process. The BCPA is committed to bring forward new ways



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of doing business, serving patrons, supporting facility users and partnering with

the City of Tacoma. We view the City’s invitation for new ideas as an opportunity

to expand our presence in the community. To increase collaboration,

communication and transparency with the Resident Arts Organizations [RAOs]

and the City of Tacoma, we are actively asking representatives of the RAOs and

members of the Tacoma City Council to join our governing board.

In addition to the collaborative relationships the BCPA enjoys with the RAOs, we

have developed beneficial partnerships with cultural and educational

organizations and social service agencies. Examples of the BCPA’s collaborations

with community organizations include:

Partner Type Goal Cultural Council of Tacoma

Teacher Training Provide Intensive 2-year perform arts training

Tacoma Art Museum Arts Collaborations Cross Promotion/Linked Events

Tacoma School District Education Student Performance/Residencies/Touring

Puget Sound Education Service District

Teacher Training Provide Intensive 2-year perform arts training

Bethel School District Education Student Performance/Residencies/Touring

Franklin Pierce School District

Education Student Performance/Residencies/Touring

Urban League Cultural Collaboration African American Event Sponsored Outreach/Education

Centro Latino Cultural Collaboration Latino Event Sponsored Outreach/Education

Conexion Latina Cultural Collaboration Latino Event Sponsored Outreach/Education

South Sound Arts Collaborative

Arts Collaborations Cross Promotion/Linked Events



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Partner Type Goal Asian Pacific Culture Council

Cultural Collaboration Asian Event Sponsored Outreach/Education

Arts Together Arts Collaborations Cross Promotion/Linked Events

Som La Bi Joli Cultural Collaboration Residencies and Touring Performances

Spanaway Learning Center

After School Arts Service contract for arts experience & performance

Scouts of Incarcerated Parents

Youth Outreach Ongoing arts exposure for youth with jailed parents

Social Service Partnering Social Service Agencies Over 40 PARTNERS/Tickets to underserved

D. A term sheet (“Term Sheet”) that outlines proposed contract terms and conditions and any exceptions.

This document is provided as an attachment.



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E. A preliminary operating pro forma showing the methodology for maintenance and operations of the facilities.

Revenues 06-07 07-08 08-09Education and Presenting Ticket sales 1,026,929 1,540,393 2,464,629 Rental Revenue 200,000 220,000 242,000 Concessions 62,500 63,750 65,025 Other Rental Revenue 3,513 3,548 3,942 Building Improvement Fund 43,824 45,577 50,636 Box Office 110,000 111,100 123,432 All Contributions 565,000 654,000 760,672 Renewal Fund 500,000 330,000 165,000 City of Tacoma Operating Funds 350,000 325,000 300,000 Resident Company & Theatre District Co-Op Funds 60,000 66,000 69,300 Summer Institute Tuition 43,000 47,300 52,030 WA State Arts Commission 18,807 18,807 18,807 Pierce County 50,000 50,000 50,000 Advertising 60,000 66,000 75,900 Ancillary Sales/Presenting Merchandise 37,072 40,779 44,857 Interest 2,000 2,100

$3,130,645 $3,584,254 $4,488,330ExpensesStaffing and Benefits 982,939 1,033,136 1,394,734 Artist Fees 1,040,300 1,250,564 1,516,740 All Marketing 152,100 228,150 258,570 All Venue presenting and Ed Theatre Rental Fees 95,350 97,257 102,120 Concessions 26,000 27,300 28,665 Supplies/Misc 35,456 37,229 39,090 Facility Users Production Labor 130,970 124,110 197,000 Facility Supplies/Utilities 125,000 138,921 169,913 All other Direct Expenses Presenting/Education 210,712 271,723 330,065 Summer Institute 60,000 63,000 69,300 Box Office 25,000 26,250 27,563 All Fund Raising Direct Expense 44,700 46,935 49,282 Presenting/Ed Production Labor 168,117 171,479 221,400 Special Theatre Dist Projects - 32,500 45,500 Professional Services/Insurance 14,000 14,700 15,288 Printed Programs 20,000 21,000 23,100

$3,130,644 $3,584,255 $4,488,329

This budget does not reflect substantial City of Tacoma In-Kind Contributions

Projection



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F. A staffing plan that includes an organizational chart showing key management personnel and identification of onsite management personnel. Indicate whether key staff has been selected and if so, include resumes and references.

F.1 Organizational Chart

F.2 Staffing Plan

The BCPA staffing plan and organizational chart above builds on and augments

the strengths of current staff. Candidates for positions shown as “To Be Named”

are being recruited or will be recruited upon award of contract. New positions will

be created in production services, development and facilities management

(custodial).

Board of Directors

Acting Executive Director

Josie Turner

Director of FinanceRhonda DeVito

DirectorOf Production

ServicesTo Be Named

Director of Communications

and MarketingLacey Leffler

Director of Development

Florentine Hamm

Facilities ManagerPatricia Henness

Ticket Office Manager

Nicole Zorn

Assistant

Assistant

Administrative Services

CustodianTo Be Named


Education Manager

Lucas Smiraldo

Concessions Manager

Brenda Ramsey

House Manager

Kate Walsh

Stage Manager

Scott Painter

Development Assistant

To Be Named

Board of Directors

Acting Executive Director

Josie Turner

Director of FinanceRhonda DeVito

DirectorOf Production

ServicesTo Be Named

Director of Communications

and MarketingLacey Leffler

Director of Development

Florentine Hamm

Facilities ManagerPatricia Henness

Ticket Office Manager

Nicole Zorn

Assistant

Assistant

Administrative Services



Education Manager

Lucas Smiraldo

Concessions Manager

Brenda Ramsey

House Manager

Kate Walsh

Stage Manager

Scott Painter

Development Assistant

To Be Named



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1. The BCPA will mount a nation-wide search to recruit and hire a highly

qualified Executive Director with substantial experience in nonprofit

performing arts management. The successful candidate will have a strong

business approach to managing an arts and entertainment enterprise and

have a proven track record of success. We will seek a vigorous and

innovative candidate with demonstrated ability to effectively lead and

manage a complex, multi-faceted performing arts center and achieve both

financial and artistic success. Experience in developing and maintaining

collaborative relationships with stakeholders will be required. The

Executive Director will report to and be accountable to the BCPA board.

A full job description for the position has been developed using the model

included in the Management Analysis and Recommendations (Mitze,

March 2005).

2. The BCPA will hire a Director of Production Services to lead the

expanded presenting efforts and education.

3. The BCPA will hire a Development Assistant to support fundraising.

4. The BCPA will fill two in-house custodial positions.

As increased programming, marketing and fundraising generate higher levels of

both earned and contributed income, the BCPA will increase staff to enable it to

continue to grow and expand programs and services.

At the Board level, the BCPA will create a permanent Facility Oversight

Committee. Members of the Facility Oversight Committee will be drawn from

facility users’ Board and staff, City of Tacoma political leadership and staff, other

interested parties as defined by the committee and the BCPA Board and staff. The

purpose of this committee will be to provide leadership and oversight regarding

facilities use and maintenance.



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F.3 Resumes and references of key personnel

Resumes and references of staff named on the organizational chart are included as

attachments.

G. A box office and ticket sales plan including responsibilities for group and subscription sales and the methodology for incorporating activities of the resident arts organizations.

The BCPA is currently managing box office and ticket sales, including group and

subscription sales and incorporating RAO activities. We propose to augment our

current services by acquiring the capacity to become the central clearinghouse for

ticketing to better support overall customer service and help cross-pollinate

audiences among arts groups. While this will require an initial investment in new

software and staff training, it will provide the opportunity to increase service and

net revenues. We see the RAOs directly involved in selecting any new software

and hardware purchased. TAG, which has operated its own box office, could

benefit through substantial cost savings, even when the cost of cancellation

insurance is factored in. We will also explore the possibility of leveraging the

City’s investment in the Tacoma Dome’s box office to enhance ticketing services

for both, and flex ticketing with museums and parks.

In collaboration with the RAOs, we propose to study if ticketing needs of users

can best be served by utilizing our own box office or by contracting with an

outside ticketing service such as Ticketmaster, or a combination of both.

H. A facility utilization and marketing plan Facility utilization plan

The BCPA shares the City’s goal of maximizing the impact of the Theater District

and continuing to develop it as a center of cultural and economic activity. The

BCPA will build on its experience and knowledge of the community to explore

new and expanded presenting ideas and substantially reduce dark days.

Additionally, we will explore opportunities to increase public engagement with



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the Broadway Center, the performing arts and downtown Tacoma by presenting

or collaborating in the presentation of free or nominally priced events. Examples

include:

• To increase community access and utilization, the BCPA could present 8-

12 film programs in its theaters annually. In this effort, the BCPA would

partner with the Tacoma Grand Cinema for events that are more than film

presentation. With the support of local film historians and critics, the

programs could include a fun and informative lecture. Such programs

could be focused on adults and branded “Cheap Date Night.” Others could

be focused on children, “Fun Flicks – Movies for Kids.” Some would be

free and other may have a minimal $5 charge. Such affordable programs

would create new levels of accessibility to Tacomans and build

connections to the BCPA.

• Once a year during the summer, the BCPA could host a free outdoor pop

music festival on Broadway showcasing the top emerging talent from

throughout the Northwest. The core audience for this festival would be

aged 15 to 25 years. The program would include a hip/hop, break dance

competition.

• The Rehearsal Hall could be upgraded and modified to create a black box

theater for small, intimate performances. The addition of a venue of this

size to the Theater District would serve smaller performing arts

organizations and attract presenters and patrons of other genres.

Theater rentals

The BCPA will conduct an audit of theater rental and service fee rates throughout

the Puget Sound region which would be reviewed by all the resident companies of

City facilities and followed by discussion of the feasibility of negotiating a

staggered service fee scale. For example, resident companies and education-based



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programs might receive a 15% discount from market rates, Tacoma-based non-

profits a 10% discount from market rates, other non-profits a 5% discount from

market rates and all other parties would be charged market rate. The Facility

Oversight Committee could be empowered to over-ride adopted rate structures if

needed to provide a compelling community service.

The BCPA will charge itself the resident company rate for usage in its public

presenting programs. We would also explore amending the Building Improvement

Fund [BIF] so that all users would participate in the Building Improvement Fund

[BIF] under a different contribution model. With the possible addition of

numerous events with a wider range of ticket prices than the BCPA and the

RAOs’ season ticket price, we might suggest calculation on gross revenues, such

as 5% on resident companies and 7% on all other users, to eliminate the

disproportion of a $1 fee as a percentage of a $30 ticket compared to a $5 ticket.

Non-revenue producing users could be charged a flat rate, between $50 and $350

depending upon the attendance and the space being rented.

Expenditures from the BIF fund will be determined by the BCPA Board after

review of the recommendations of the Facilities Oversight Committee.

A combination of private and City contract funds could serve to bridge the gap

between facility revenues and expenses. BCPA accounting practices, including

the use of cost centers, or Strategic Business Units [SBU’s], will provide financial

accounting transparency. For example, revenues and expenses could be tracked

separately for Theater Usage, Education, Theater District Promotion, Presenting

and Capital Management.

H.1 Describe the mix of event types to maximize utilization of the facilities Genre Diversity

Mainstream contemporary music will appeal to the media and generate higher

interest in corporate sponsorships because of increased visibility. Sponsor



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relationships, like audiences, are built over time, beginning with an initial

successful experience. Sponsors of these events could become regular sponsors in

that genre in the same way that the BCPA has developed sponsor relationships for

its regular season.

By adding popular performers, the BCPA may reach new demographic cohorts

with higher levels of discretionary spending. The economics of some, not all, of

these performers will drive up ticket prices, and sometimes, require that the

BCPA use alternative venues, such as the Temple Theater, Cheney Stadium, the

Convention Center or the Tacoma Dome. With such programming, presented

approximately 6 to 12 times a year and presented at the Pantages and other

appropriate venues, it is likely the BCPA could substantially increase its earned

income and donor base as it increases use of the Pantages.

Since many contemporary music events are booked on a cycle much shorter than

booking touring companies, these events cannot usually be included in a season

brochure and therefore are not a subscription-based program. They are 100%

single ticket based, and many events sell out quickly. This creates a

supply/demand tension that invites a membership structure. We would explore

developing a system in which members join the BCPA on an annual basis in order

to participate in certain benefits, including the crucial right to buy tickets ahead of

the general public. For example, there could be two basic membership tiers:

$50/yr for the general membership and $750 for the Benefactor Circle

membership. The latter would be allowed a 10% ticket credit and the right to

purchase tickets ahead of the regular members.

Present Theater in TOTS

National touring theater artists are producing dynamic new theater. Many of these

productions would be a great fit in the Theatre on the Square. While these shows

may not always make money, they will add diversity to the programs, attract



Page 22

younger audiences to the BCPA, generate economic activity in the Theater

District and meet our shared goal for greater theater usage.

A Summer Stock “second season” in TOTS would continue the performance

season in that facility into the “tourist months,” and tie in well with cross

marketing with hotels, restaurants and museums. This could be a presentation of

the BCPA or a collaboration with a renewed TAG or other ROA.

Regional partnerships

The BCPA has already begun to explore collaborations with other regional

nonprofit performing arts groups for possible joint-venture productions or

presentations on a shared risk/profit basis. More than one company has offered to

do so. Rather than duplicating bookings of touring companies, we would seek

unique opportunities in different genres.

Diversify audiences

The BCPA has had great success in attracting diverse audiences in the past. We

will continue to build on our existing relationships in the region’s diverse cultural

and ethnic communities to ensure their representation in patronage. We will also

pursue new constituencies in the nearby colleges and military bases, which will

add diversity in age, ethnicity and economic status. While audience diversity is in

itself a goal we share with the City of Tacoma, we also view active engagement of

these groups as a means to increase Theater District patronage, public access and

economic impact.

We will pursue creating a presenting advisory committee to include members of

diverse communities stakeholders such as Centro Latino, Conexion Latina, the

Black Collective, Hawaiian 50th State Club, UPS and PLU Events Directors,

Tacoma Community College, Pierce College, the Bethel and Tacoma School

Districts, the Tacoma School of the Arts, the Asian Pacific Cultural Center, the



Page 23

Puget Sound Educational Service District and the Cultural Council of Greater

Tacoma.

We will explore collaborating in the development of other possible activities such

as talent contests or performances in TOTS or the Rehearsal Hall, serving ethnic

food, previews at appropriate off-site locations, offer free noon performances for

special shows with events publicized by advertising in community newspapers.

We will continue inclusion of a Comedy and Literary series in the BCPA season

to attract a segment of subscribers and single ticket buyers that may not patronize

music and dance. Comedy and literary programs are also among the most popular

and profitable programs to present. Comedians such as Bill Maher, the Smothers

Brothers, Bill Cosby, Dave Chappell, George Lopez, and Al Franken are all

affordable and very popular. Literary artists (and National Public Radio artists)

such as Amy Tan, David Sedaris, Garrison Kiellor, Frances Mayes, Sarah Vowell,

Tony Kushner, Billy Collins, and others are also affordable and popular.

We will also explore presenting informal, community-centered events such as

outdoor music in summer featuring local artists, free film nights, and conversion

of theaters or the rehearsal hall into a club like atmosphere for country, jazz,

blues, urban hip hop, local dance etc. will increase use of the facilities and attract

Theater District traffic.

Education Programming

The BCPA will expand its education programming to include family

performances in the evenings and Saturdays mornings. We will look into

developing a family-oriented RAO Saturday Morning Series targeted to families

and staging student performances on the summer months during the Thursday

market.



Page 24

H.2 Marketing

The BCPA proposes to significantly expand its marketing program and budget to

serve as a catalyst for a thriving Theater District. The key rationale for doing so

is:

• Expanded visibility generated by the Broadway Center will provide

greater opportunity for corporate underwriting.

• Expansion of marketing services will serve all stakeholders and boost

revenues, including the ticket sales-related Building Improvement Fund.

The BCPA will market the Theater District as a whole. We will develop a unified

logo and collaborative marketing strategy with the Downtown Merchants Group,

Theater District Merchants, the Greater Tacoma Convention and Trade Center,

the Tacoma Regional Convention and Visitors Bureau, and the resident arts

organizations. We will create a new Theater District co-op advertising fund and

partner with other organizations to promote business activities in the district and

create an affordable Theater District Merchants co-op ad space in the BCPA

playbill.

BCPA staff and Board members will apply to serve on the Board and Committees

of the Chamber of Commerce, the Downtown Merchants Group, the Theater

District Merchants Association, the Convention and Visitors Bureau, the Greater

Tacoma Convention and Trade Center and the Farmer’s Market Association. The

Executive Director and the Director of Marketing and Communications will work

closely with Convention Center sales teams to encourage facility use. We will

also collaborate with the Visitors Bureau to establish and sell destination ticket

packages.

The BCPA would offer our resources to become the arts marketing clearinghouse

for the resident companies, and to a lesser extent the Theater District. We

recognize that each resident company spends an enormous amount of money on



Page 25

staff and direct promotion expense to touch the same people that the BCPA

touches. Media-buying dollars might be more efficiently spent with joint radio

and newspaper ad buys. In-house desktop publishing staff and high quality in-

house photocopying equipment would provide cost-savings and schedule control

on short-run printing. Combining resources under BCPA’s Director of Marketing

and Communications could yield cost savings for the BCPA and RAOs, promote

collaboration and communication, build on the branding strategy and increase

ease of engagement for ticket-buying customers.

We will build on the linkages developed through participation in business groups

to develop incentives for ticket sales and rentals and work closely with other City

facilities to cross-market rentals. We will also develop research-based tools for

planning and evaluating our marketing and advertising, beginning with a visibility

study of our geographic reach for potential audiences.

H.3 Strategies, resources, and experience to achieve those goals. Strategies

• The BCPA will develop focused and meaningful collaborations to expand

theater usage and strengthen stakeholder organizations. These

collaborations may come in many forms, but all will be focused on the

search for efficiencies, the reduction of redundancies, and the reliance on

any given partner’s strength.

• The BCPA will consider other possible ways to collaboratively enhance

communication and cost-sharing among RAOs. Possibilities include co-

locating all RAOs in the Jones Building, with shared box office

operations, reception, mail and communications services. The BCPA

Marketing and Communications Director could, for example, serve as a

marketing clearing house for all RAOs, negotiate bulk print and media

buys, and oversee a desktop publishing department with high quality color



Page 26

photocopy equipment. Efficiencies of this type could benefit all the arts

groups with cost savings, which would free funds for program delivery

and would also appeal to donors, who could be assured their gifts were

wisely used.

• The BCPA proposes to prioritize its education services to be among the

most important programs under its umbrella. We recognize that strong and

visible education programming provides opportunities to gain community

support and build audiences. By partnering with other arts education

programs including in the performing and visual arts, and by furthering

our partnership with the School of the Arts, the BCPA will exert visible

leadership in the field and cause donors to bond with the organization.

• We will build on the strong relationships with schools and school districts

that we currently enjoy by creating an active Teacher Roundtable. The

roundtable will be a forum in which to discuss meeting their needs and

ensuring that our programming meets Washington State standards

(EALR’s) through solid event selection and tight curriculum support

documents and promotion. We will also pursue re-engaging the Kennedy

Center Partnership for teacher training and partnering with the current

Teacher Training Institute in developing an intensive 7-week long summer

theater training institute for ages 11 to 21 that culminates in a fully-

produced performance.

• While the BCPA charge is the Theater District, we suggest that quarterly

presentations in other venues serve the greater good by boosting revenue

and strengthening the BCPA financially. Additionally, there is much

greater audience and fund development potential when performing arts

organizations work under this model. While the risk is somewhat greater,

the reward is greater, too, when managed in a very prudent and healthy



Page 27

manner. The risk would be reduced if the Tacoma Dome were used twice

annually during dark periods at no rental fee. The Temple, as it is privately

owned, would be rented as part of a negotiated contract.

In 1998 the BCPA and the TSO collaborated to use the Tacoma Dome in

their presentation of the A Boston Pops Christmas. That event proved that

the BCPA had the marketing and production capacity to work in a larger

venue. The BCPA will strive to become the presenter of record in Tacoma

by expanding its reach into the Tacoma Dome and the Temple Theater.

With their additional seats, these two venues allow the BCPA to increase

its return on investment and generate revenues for facilities and the

organization.

Facilities Maintenance

The BCPA will be responsible for custodial services in the facilities. To ensure

accurate cost accounting and accountability, the BCPA will pay user fees like the

Resident Arts Organizations.

The Facilities Oversight Committee will produce a quarterly report that outlines

the successes and challenges of preserving the facilities, which will be maintained

by the City of Tacoma. This report will be distributed to the City of Tacoma, user

group Board and staff, BCPA Board and staff and posted on the BCPA website.

The Committee will measure both the City’s and BCPA’s actions against clearly

defined goals such as recognition of the facilities as historic buildings that require

the utmost respect.

Fund Development

The BCPA will substantially strengthen its Development Department over time to

create a team with experience in planned giving, corporate giving (marketing-

based), individual giving (direct mail, membership and major gifts), foundation

and government giving, and event management. We will install specialized donor



Page 28

management software, such as “Raiser’s Edge,” which will enhance the BCPA’s

capacity to cultivate donor relationships and evaluate development activities. We

will aggressively seek corporate investment beyond sponsorship and pursue a

corporate major gifts program that would add value for sponsors and increase

presentation revenues. For example, major corporate gifts packages per year that

include tickets, playbill advertising, sponsorship with media benefits, and on-site

signage, could be combined into an annual major gift. By limiting the number of

packages available to 6-10, a premium price could be charged.

The BCPA also plans to explore the creation of a separate but related 501(c)(3),

The Broadway Center Foundation, to serve as the contracted agent for all

fundraising except sponsorships. The BCPA Board would continue to serve as the

governing Board with a separate board recruited for the Foundation, allowing for

some cross-over between the two bodies. For example, the BCPA president would

serve on the Foundation board, and vice versa. The Foundation, which would

share staff with the BCPA, would conduct the Annual Fund Drive and pursue

government, corporate and individual donations for special projects identified by

the BCPA Board with input from the Facilities Oversight Committee and the City

of Tacoma.

We are also open to enter discussions with the City regarding naming

opportunities in exchange for either a philanthropic or corporate gift to partially

fund a facilities endowment.

Special Short-Term Matching Fund

The BCPA is pursuing a Renewal Fund. This fund will allow for investment in

many of the desired changes beyond the facility infrastructure. We need funds to:

jump start the organization by hiring new staff, initiating new fund raising

programs that will take time to provide returns, execute new marketing services,

purchase new box office and development software, begin new education



Page 29

programs, manage cash flow, etc. These services will provide meaningful,

outcomes with our patrons and the community, but will take time to mature. The

Renewal Fund will be a three-year matching gift program where year-one is an

outright gift, year-two is matched if the year-one goals are met, year-three is

structured the same way. Year-one will be a total goal of $500,000 with $250,000

coming from the private sector and $250,000 being matched by the City. Year-

two will be a total goal of $330,000 with $238,000 coming from the private sector

and $92,000 being matched by the City. Year-three will be a total goal of

$165,000 with $116,000 coming from the private sector and $49,000 being

matched by the City. The total Renewal Fund will generate $995,000 during the

three years with $604,000 coming from the private sector and $391,000 coming

from the City. We have already begun discussions with private funders about their

possible participation in the Renewal Fund.

The success of the Renewal Fund hinges on clear benchmarks being set for a

three-year period. From this vantage point, we cannot define every single

benchmark and ensure their appropriateness. We can, however, set clear year-one

benchmarks and some key ideas for years two and three. We could also suggest

that all of the benchmarks would be developed by the BCPA and RAOs and take

into account the outputs from the Performing Arts Steering Committee, Arts

Forever.

Resident Arts Organizations

The operating model we propose represents a significant move toward

efficiencies, accountability and increased revenue, all of which benefit the RAOs.

It also represents a substantial change from the old model, and the BCPA would

be sensitive to concerns that might arise. In anticipation of the transition, BCPA

has met with RAO representatives to ask their opinions and communicate our

intent to embrace them in a new model.



Page 30

I. A transition plan for the assumption of booking and management from the current management.

No plan is necessary because Broadway Center will continue booking and

management.

J. A plan to establish, implement, and comply with customer service standards.

The BCPA plan for compliance with customer service standards includes

provisions for assessing and meeting the needs of RAOs, assessing and

monitoring renter satisfaction and assessing and monitoring patron satisfaction.

The Facilities Oversight Committee [FOC], which will include RAO

representatives, is an essential component of the plan. The increased collaboration

and transparency afforded by cooperatively identifying and prioritizing facilities

needs and evaluating progress toward meeting those needs via the FOC will

contribute significantly to RAO satisfaction with the services provided by the

BCPA.

The BCPA will also institute a schedule of regular Customer Service meetings

(monthly or quarterly) with RAO representatives. The purpose of these meetings

will be to share information, identify unmet needs, prioritize needs and develop

measurable outcomes pertaining to issues not related to facilities, such as

marketing, ticketing, and results of BCPA and RAO patron satisfaction surveys.

The BCPA, with input from the RAOs, will develop an evaluation instrument to

identify RAO issues and concerns. The BCPA will use this information to create

and present an action plan and monitor progress against the plan via the Customer

Service meetings. The process will be ongoing, with action items removed from

the plan when satisfactorily addressed and any new items added to the plan as

needed.



Page 31

K. A minimum of four references.

Bill and Phyllis Gill, patrons

8416-86th Ave. N.W.

Gig Harbor, WA 98332

E-mail [email protected]

Phone 253-858-0844

Dr. Richard Moe, past BCPA Board member

14426 Wagon Wheel Drive

Sun City West, AZ 85375

(623) 214-4926

Tacoma: (253) 274-0527

Brian Boyd

Grantmaker Consultants, Funder

820 A St # 345

Tacoma, WA 98402

(253) 627-1634

Nan Peele

Board Chair, Tacoma Actors Guild

901 Broadway

Suite 600

Tacoma, WA 98402

(253) 272-3107

Erin M. Ceragioli

Artistic Director, Tacoma City Ballet

508 6th Avenue

Tacoma, WA 98402

(no phone)

L. Any other information that would help the evaluation panel understand and evaluate the proposal.

In developing our business plan, the BCPA has made every effort, within the

limits of the capacities of the donor base and operational revenues, to meet the

City’s goal of greater financial independence. However, experience tells us that

three modestly sized theaters that serve primarily non-profit arts organizations,

provide educational programs to the public, and nurture diverse community-based

arts and culture organizations will not wholly sustain themselves. There is a

public service aspect of the facilities manager role that the BCPA has accepted in



Page 32

the past and will continue to fill in the future. At the same time, the plan we

propose presents a number of strategies to increase revenues as we expand the

utility of the facilities as a vibrant performing arts center that will generate

significant benefits to the City and its business community.

The earned and contributed revenue structures suggested in this document will

result from significant changes to the BCPA over time and reflect an appropriate

balance between aggressiveness and conservatism. We believe that this approach

will allow the BCPA to effectively manage the facilities in a tenant/landlord

agreement and relieve the City of the costs of substantial oversight and

management responsibilities.

Attachments:

Proposed Terms

Letter of Endorsement from Tacoma City Ballet

Example of cross-marketing promotion with Theater District merchant

Executive Director Job Description

Director of Production Services Job Description

Resumes of key staff

Printed materials



Attachments

Proposed Terms

Letter of Recommendation

Sample of cross-marketing promotion

Executive Director Job Description

Director of Production Services Job Description

Resumes

Josie Turner, Acting Executive Director

Rhonda deVito, Director of Finance

Lacey Leffler, Director of Marketing and Communications

Florentine A. Hamm, Director of Development

Patricia Henness, Facilities Manager

Nicole Zorn, Ticket Office Manager

Lucas Smiraldo, Education Manager

Brenda Ramsey, Concessions Manager

Kate Walsh, House Manager

Scott Painter, Stage Manager

Samples of printed materials

Broadway Center for the Performing Arts Proposed Terms Sheet

Page 1

Confidential and Proprietary

NOT FOR PUBLIC DISTRIBUTION

1 DRAFT “Terms Sheet” 2

BROADWAY CENTER FOR THE PERFORMING ARTS 3 OPERATIONS AGREEMENT 4

5 THIS AGREEMENT is made and entered into as of the ____ day of 6

___________, 7 2006, by and between the CITY OF TACOMA, a municipal corporation, hereinafter 8 referred to as the "City," and THE BROADWAY CENTER FOR THE 9 PERFORMING ARTS, a nonprofit corporation duly and currently registered and 10 existing in the State of Washington and located at 901 Broadway Plaza, Tacoma, 11 Washington, hereinafter referred to as the "Corporation," 12 13 WITNESSETH: 14 15

WHEREAS the City is the owner of a performing arts theater complex 16 (hereinafter referred to as the "Broadway Center for the Performing Arts" facilities), 17 located in Tacoma, Washington, in the area of South Ninth and Broadway, and generally 18 known as the Pantages Theater, Rialto Theater, and Theatre on the 19 Square and the Jones Building; and 20 21

WHEREAS the Corporation has been organized as a non-profit corporation for 22 the purpose of creating and operating a center for the advancement of the arts and 23 cultivating, promoting, bolstering, sponsoring, and developing in the community an 24 appreciation and understanding of the arts, all pursuant to the authority of the 25 Corporation as provided by its Articles of Incorporation, and 26 27

WHEREAS the City recognizes that arts and culture are essential for the 28 continuing growth and development of Tacoma's citizens, economy and quality of life 29 and has, since 1983, contracted with the BCPA to operate and manage the 30 BCPA facilities as a place for public entertainment, cultural events and the home of local 31 performing arts organizations, and 32 33

NOW, THEREFORE, in consideration of the mutual undertakings and promises 34 contained herein and the benefits to be realized by each party, and in further 35 consideration of the benefit to the general public by the enhancement of the economic 36 and cultural climate of the City and its environs to be realized by the performance of this 37 Operating Agreement, and as a direct benefit to the City, the parties hereto agree as 38 follows: 39 40

I. GENERAL PROVISIONS: 41 42 1.1 Location of Agreement. The situs of this agreement shall be Tacoma, 43


Page 2



Pierce County, Washington, and all acts by either party made in the performance hereof 1 or under the authority hereof shall be deemed by this agreement to be located at Tacoma, 2 Pierce County, Washington. 3 4

1.2 Entire Agreement. This writing constitutes the entire agreement between the 5 parties, and no addition, deletion, or other amendment hereto may be made except as is 6 agreed in writing by the parties, in advance, with the same formality as accorded this 7 agreement. This writing supersedes and replaces that earlier agreement concerning this 8 subject matter made between the parties. 9 10

1.3 Assignment. The parties agree that each, in making this agreement, depends 11 upon the particular capacities, expertise, powers, and good offices of the other which 12 could not be satisfactorily provided for by a third party, and therefore, the parties hereto 13 agree that no right or obligation hereunder may, in any way whatsoever, be assigned or 14 delegated to a third party without the express written consent of the other party hereto in 15 advance; provided, however, that nothing herein shall be taken to limit the right of the 16 City to sell or convey in any way the entire Broadway Center for the Performing Arts 17 facility to any third party for any purpose which, in the sole discretion of the City 18 Council, benefits all the people of the City, provided only that the City Council shall first 19 give due and careful consideration to the rights of the Corporation under this agreement. 20 21

1.4 Duration of Agreement. This agreement shall be in full force and effect upon 22 the date first written above. The Corporation shall submit and present an annual report to 23 the City Council, and the parties shall review this agreement after three (3) years. Unless 24 modified or amended pursuant to that review, this agreement shall expire on the 30th day 25 of June, 2012, unless sooner terminated pursuant to Article V herein. 26 27

II. BUILDING AND FACILITIES: 28 29 2.1 Premises. This agreement concerns the Pantages Theater and the Jones 30

Building, the Rialto Theater, and Theatre on the Square. Additional buildings or facilities 31 may be added to be covered by the terms of this agreement by amendment executed by 32 both parties. The properties included under the terms of this agreement are referred to as 33 "Premises," or "Theaters." 34 35

2.2 Property on Premises - Ownership. To be negotiated by parties. 36 37

2.3 City Use of Theaters. The City shall at all times during the course of this 38 agreement have the right to the possession and occupancy of any and all space within the 39 Theaters, provided that the City shall not demand use or possession of any space 40 committed to a third party pursuant to this agreement, or which is necessary to the 41 presentation of a scheduled event or performance. The City shall, further, at all times 42 have the right to the use and possession of any facility, equipment, or supplies located 43


Page 3



within the Theaters created by and owned by the Corporation for its use, provided that the 1 City shall not demand use or possession of any equipment customarily used by or 2 assigned for Corporation use when to do so would interfere with presentation of or 3 preparation for a scheduled event or performance at the Theaters. 4

5 Ill. RIGHTS AND OBLIGATIONS OF THE CORPORATION: 6

7 3.1 Continuation of Performance. The Corporation shall continue to occupy and 8

manage the Premises as of the date of this agreement. 9 10

3.2 Executive Committee. The Corporation shall perform numerous functions, 11 including fund raising, relating to the operations of the Broadway Center for the 12 Performing Arts. It is agreed that the Corporation shall establish an Executive Committee 13 which shall be selected from the Corporation's Board of Directors. The Executive 14 Committee shall function on behalf of the Board. The City shall appoint a representative 15 who shall serve as an ex-officio member of the Board and Executive Committee, with 16 rights to participate in all Board and Executive Committee meetings, without a vote. 17

18 3.3 Performance of this Agreement. It is agreed by and between the parties that 19

the Executive Committee of the Corporation shall be responsible to the City for the 20 execution, implementation, and performance of this agreement. It is further agreed that 21 the Executive Director of the Corporation shall work with the Executive Committee of 22 the Corporation in performance of his/her duties pursuant to this agreement. 23 24

3.4 Charges for Theater Use. The Corporation shall manage and operate the 25 Broadway Center for the Performing Arts and shall use the office and meeting space 26 assigned hereby for its uses in performing under the terms of this agreement. The 27 Corporation shall generally promote the Theaters through every means of advertising and 28 other marketing activities designed to attract performances, shall stage exhibitions and 29 events in the Theaters, and shall schedule and book performances, exhibitions, and events 30 to occur at the Theaters. The Corporation shall charge for such uses of the Theaters in 31 accordance with a schedule of rental rates approved from time to time by resolution of 32 the Tacoma City Council. 33 34

3.5 Corporate Costs. The Corporation shall, consistent with the terms of this 35 agreement, assume sole and exclusive responsibility for the costs associated with the 36 operation of the Corporation, which shall include the cost of acquisition and operation of 37 any administrative office equipment such as computers, copiers, fax machines and the 38 like, supplies, utilities, boiler operation (excluding chemicals, filters and any other 39 maintenance costs), and personnel. The Corporation shall pay utility costs (electricity, 40 gas, garbage, phone, etc.) arising out of its use and occupation of the Premises under its 41 control. 42 43


Page 4



3.6 Corporation Cleaning Responsibilities. 1 2 Cleaning. The Corporation shall be responsible for daily cleaning of the Premises 3

under its management. 4 5

3.7 Use of Funds. All funds expended by the Corporation shall relate directly to 6 the promotion, operation, use of the Premises and/or related matters. 7 8

3.8 Corporation Shall Publish Policies. The Corporation shall, for the benefit of 9 the City and the citizens thereof, create and furnish written rules and regulations 10 concerning rental procedures, prices, and hours of operation, which shall be made 11 available to the public on request, with the intention of informing the public and the 12 appropriate City officials of the general policies which govern the operation of the 13 Theaters. 14 15

3.9 Accounting Records. The Corporation shall maintain books and records as 16 are customarily and necessarily kept for the purpose of managing and operating Theaters, 17 according to generally accepted accounting practices. Financial reports shall be prepared 18 at least quarterly and shall be provided to City finance officers within 30 days after 19 receipt thereof by the Corporation. The Corporation's books of account shall be reviewed 20 annually by an independent Certified Public Accountant, and the results of such review 21 shall be provided to the City Finance Director within one hundred twenty (120) days of 22 the close of each fiscal year. The Corporation agrees that all of its books and records of 23 every kind, without limitation, pertaining to the operation or management of the Theaters 24 shall, upon reasonable notice, be open and available for inspection by the City Manager, 25 Director of Finance, and such other officers or personnel of the City as may be designated 26 by either of them. The City Manager and City officers designated by the City Manager 27 shall have the right to enter upon and inspect the Premises and books and records held by 28 the Corporation at any reasonable time during normal business hours. 29

30 3.10 Equal Availability. The Corporation shall make its services and all events, 31

performances, shows, etc., available and open to the public on a fair, equal, and non-32 discriminatory basis, and further agrees and promises that it will not, on the grounds, of 33 race, color, national origin, religion, sex, age, or physical handicap, discriminate against 34 any person or group of persons in any manner prohibited by local, state, or federal laws 35 and regulations. 36 37

3.1 1 City Admission Taxes. The Corporation agrees to collect and pay to 38 the City all admission taxes on tickets to Theater events as required by applicable 39 City laws as they now exist or as they may be amended from time to time hereafter. 40 41


Page 5



3.12 Insurance Coverages Provided by Users. 1 2

A. The Corporation shall require that all persons renting or using the 3 Theaters shall maintain and provide an “Owners, Landlord, and Tenants” policy which 4 would include the following coverages: Comprehensive General Liability including 5 Liquor Legal Liability where applicable. 6 7 B. Such insurance policy shall name the City and the Corporation as 8 Additional Insureds there under. All such insurance policies shall stipulate that they are 9 primary over any insurance which the City or Corporation may carry. Said policies shall 10 also provide that the City of Tacoma or Corporation will be given not less than thirty (30) 11 days advance notice of any termination or material change to the policy. 12 13

C. Such policies shall contain, at a minimum, limits of Three Hundred 14 Thousand Dollars ($300,000) for personal injury and One Hundred Thousand 15 Dollars ($100,000) for property damage coverages. 16 17

D. Exception: Agencies of government, school districts, cities, the state of 18 Washington, and the federal government shall not be required to provide such insurance 19 protection so long as reliable evidence of equal or better self-insurance capacity is 20 submitted. 21 22 3.13 No Gratuities to City Officials. The Corporation is prohibited from giving 23 any tickets without just compensation to any City official, unless said official is directly 24 involved in the commission of his or her official duties at the invitation of the 25 Corporation. 26 27 3.14 Independent Contractor. The Corporation shall be considered as an 28 independent contractor in the operation of the Theaters. 29 30 3.1 5 Insurance Coverages Carried by Corporation. 31 32 A. It is the intent of the parties that the Corporation shall maintain public 33 liability insurance and Errors and Omissions liability insurance, which it is agreed shall 34 be the maximum amount of recovery should the City seek damages for any reason against 35 the Board of Directors or its members individually. 36 37 38 B. The Corporation shall also maintain a Comprehensive 39 General Liability insurance policy which would include the following coverages: 40 Premises/Operations Liability, Products and Completed Operations Liability, and 41 Personal Injury. 42 43


Page 6



IV. RIGHTS AND RESPONSIBILITIES OF THE CITY: 1 2 4.1 Maintenance Responsibilities. 3 4 5 6 4.2 Funding. The City shall pay for the Corporation's services hereinabove 7 described in the following manner: 8 9 A. Corporation Management Fees. 10 11 B. City Operating, Repair and Maintenance Funding. 12 13 C. Changes to Funding. 14 15 D. Matching Funds. 16 17 E. Matching Requirements: 18 19 20

F. The Renewal Fund. In addition to the funds described above, the City will 21 contribute to a Broadway Center Renewal Fund. The Renewal Fund will provide needed 22 capital by which the Corporation will expand and enhance its staff, equipment and other 23 assets to more fully meet the needs of both parties pursuant to this agreement. The City’s 24 contribution to the Renewal Fund will be augmented by contributions from the private 25 sector. Appendix ___ shows the level of the contributions from the City to the Fund 26 along with anticipated contributions by the private sector over the term of this agreement. 27 28 4.3 Access to City Services. The City shall make available to the Corporation the 29 use of City services, including but not limited to telephone, financial, word processing, 30 purchasing, central stores, etc., and other record-keeping and business purposes 31 connected with Broadway Center for the Performing Arts management and operation on 32 a direct cost reimbursable basis. No City services or supplies shall be rendered except at 33 the written request therefore by the Corporation. 34 35 4.4 Property Insurance. The City shall maintain any and all fire, casualty, and 36 extended coverage insurance on the Broadway Center for the Performing Arts buildings 37 and its contents in such form and amount as the City deems appropriate. 38 39 4.5 Executive Director. The Corporation shall be responsible for hiring and 40 paying the Executive Director for the Broadway Center for the Performing Arts. The 41 Executive Directors responsibilities shall be specified in the Corporation’s Bylaws. 42 43


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4.6 Capital Improvements. The Corporation and the City may agree from time 1 to time to jointly fund capital improvements for addition to or installation in the Pantages 2 Theater and Jones Building, Rialto Theater, or Theatre on the Square and Jones Building. 3 Such projects may, upon mutual agreement therefore, be funded jointly by the City and 4 by contributions from the public or corporate sponsors. Such projects may, generally, be 5 anticipated by and included in the City's biannual budget process insofar as City 6 expenditures are anticipated. Any resulting capital improvements shall be the property of 7 the City. 8 9 4.7 Rental Authority; Income. The Corporation shall have sole authority to 10 retain rental income from office space in the Jones Building. 11 12 V. TERMINATION: 13 14 Either party may terminate this agreement upon ninety (90) days written notice to the 15 other party. In such event, the Corporation shall vacate any City Premises that it 16 occupies. 17 18 VI. MISCELLANEOUS: 19 20

6.1 Dispute Resolution. In the event that any dispute shall arise as to the 21 interpretation of this agreement, or in the event of a notice of default as to whether such 22 default does constitute a breach of the contract, and if the parties hereto cannot mutually 23 settle such differences, then either party hereto shall be entitled to submit the 24 determination of such matter to arbitration, which proceedings shall be conducted in 25 accordance with the rules of the American Arbitration Association, and shall be binding 26 upon the parties. 27 28 6.2 Notice. Any notice required to be given herein to the City shall be delivered to 29 the City Manager, Tacoma Municipal Building, 747 Market Street, Room 1200, Tacoma, 30 Washington 98402. Any notice required to be given herein to the Corporation shall be 31 delivered to the Corporation at 901 Broadway Plaza, Tacoma, Washington 98402, or to 32 such other location as shall be at the time used by the Corporation as its headquarters or 33 business office, or to its registered agent. 34 35 IN WITNESS WHEREOF the parties hereto have executed this document as of the day 36 and year first above written. 37 38 39 40

Response to the Request for Qualifications/Proposals ... · Attachments: Term Sheet, Endorsement...

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Transcript of Response to the Request for Qualifications/Proposals ... · Attachments: Term Sheet, Endorsement...