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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
Specification No. ED05-0808F
Page 1
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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 2
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
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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 3
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.
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 4
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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 5
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.
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 6
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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 7
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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 8
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.
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 9
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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
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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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 11
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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 12
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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 13
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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 14
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.
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 15
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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 16
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
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
CustodianTo Be Named
CustodianTo Be Named
Education Manager
Lucas Smiraldo
Concessions Manager
Brenda Ramsey
House Manager
Kate Walsh
Stage Manager
Scott Painter
Development Assistant
To Be Named
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 17
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.
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
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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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
Page 19
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
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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
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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.
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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
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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
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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
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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
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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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
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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.
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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.
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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
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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
Broadway Center for the Performing Arts Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
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 Response to the Request for Qualifications/Proposals
Specification No. ED05-0808F
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
Broadway Center for the Performing Arts Proposed Terms Sheet
Page 2
Confidential and Proprietary
NOT FOR PUBLIC DISTRIBUTION
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
Broadway Center for the Performing Arts Proposed Terms Sheet
Page 3
Confidential and Proprietary
NOT FOR PUBLIC DISTRIBUTION
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
Broadway Center for the Performing Arts Proposed Terms Sheet
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Confidential and Proprietary
NOT FOR PUBLIC DISTRIBUTION
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
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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
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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