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AG 09-148RETURN TO: EXT: 2 --i � � IIYIG.r� � -- CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PRCS / 1`�l/�1�1�� 2. ORIGINATING STAFF PERSON: EXT: �701- 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE�: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ� ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS� ❑ ORDINANCE ❑ RESOLUTION � CONTRACTAMENDMENT(AG#): b`►- ^ i4 � ❑ INTERLACAL ❑ OTHER 5. PROJECT NAME 6. NAME OF CONT ADDRESS: SIGNATURE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE #�t�j'�35 �o po BL, EXP. 12/31/ � 2- UBI #`d�Z ���j , EXP. / /_ 8. TERM: COMMENCEMENT DATE: �' I O� COMPLETION DATE:��' 3 O•�S 9. TOTAL COMPENSATION: $�� a� , O O (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES� REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO [F YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASECHARGETO: �bZ,-� �Z.C����Z� ,�� S� �l S� �'II O lO. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INTfIAL / DATE APPROVED � PROJECT MANAGER ❑ SUPERVISOR �'DIRECTOR �„ � Z ❑ RISK MANAGEMENT (IF APPLICABLE� /� �'I,AW DEPT C � ' Lt "� � Sa(Q [l - � 11. COUNCILAPPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING �/ � 2 ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHOR[TY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �LAW DEPT �SIGNATORY (MAYOR OR DIRECTOR� ��ITY CLERK ❑ ASSIGNEDAG# �SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: IN IAL / DATE SIGNED - � l'L -12 AG# " � DATESENT: ���"IZ COUNCIL APPROVAL DATE: DATE REC' D: ��2 � 2 1/9 F.v�: IE: ,.1� S �I L�_ _ TITLE: ` CITY OF CITY HALL _ Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com AMENDMENT NO. 1 TO THEATRE MANAGEMENT AND OPERATIONS AGREEMENT FOR KNUTZEN FAMILTY THEATRE This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Centerstage Theatre, a nonprofit 501 (c)(3) organization ("Manager"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Theatre Management and Operations at the Knutzen Family Theatre ("Agreement") dated effective July 14, 2009, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than June 30, 2015 ("Amended Term"). 2. AMENDED SERVICES. The Services, as described in Exhibit "A" and as referenced by Section 2 of the Agreement, shall be replaced by those services more specifically described in Exhibit "A-1" attached hereto and incorporated by this reference ("Amended Services"). The Amended Services are in addition to the terms and conditions outlined in Section 2 of the original Agreement. 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit "B-1", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached E�ibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Axnendment. The provisions of Section 11 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1 /2010 � �ITY OF '�.... Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryofiederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY B Skip Priest , ayor DATE: �i,��y 3, Zb ( Z- CENTERSTAGE THEATRE By: Printed Name: �7�`i�yj L� �yl�,r�j Title: P,/Le,d-i "c�2�� DATE: �( Z �/I 2 STATE OF WASHINGTON ) ) ss. COUNTY OF ) ATTEST: City Clerk, Carol McNe lly, CMC AP OVED S O FORM: � � City Att y, Patricia A Richardson On this day personally appeared before me �j�°�'J�lp./7 � ��� , to me known to be the p j( ' of Centerstage that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal thi Notary's signature Notary's printed nam i19W�PYNk �INe etM�aMn� MNMfMA l MMKEY : My A�o�b�NM E�pk�t Mpr 1� 20i3 s �� day of 20� ��� e �� G 1�Y1 Notary Public in and for the State of Washington. My commission expires � � — Z� � � AMENDMENT - 2 - 1 /2010 � CITY pF '�...� Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway com EXHIBIT A-1 I. THEATRE MANAGEMENT A. Theatre Management. The Parties recognize that the use of Dumas Bay Centre will likely affect the use of the Theatre. To the extent possible, the City will use its best efforts to avoid a use at Dumas Bay Center that is incompatible with Manager's management of the Theatre. Manager shall manage the day-to-day operations of the Knutzen Family Theatre ("'Theatre") for the City, including booking of performances and rental of the facility, and selection and management of the contracted concessionaires. Manager shall provide all of the staff support necessary to meet the needs of City in conducting City's activities at the Theatre. Manager will be responsible for implementing and carrying out all personnel support functions necessary to ensure successful accomplishment of its tasks and activities. T'he Manager shall communicate and work with the Parks Director's designee on such tasks and activities, which will include, but are not limited to the following: 1. Coordination of use with Dumas Bay Centre including, but not limited to: • Shared use of common areas such as hallways and bathrooms. . Shared use and management of parking area Coordination of events and rentals with other uses on the premises. Consideration of the quiet hours established for the comfort of overnight guests from the hours of 11:00 p.m. — 8:00 a.m. 2. Coordination of City recreation and civic programs; 3. Provision of monthly schedule use to Dumas Bay Centre two (2) weeks in advance of the upcoming month. Manager's Responsibilities. The Manager shall be responsible for the following: 1. Scheduling rental use of the theatre including local non-profit arts organizations; 2. Scheduling artists, perFortnances, educational endeavors, and presentations; 3. Marketing and promotions of the Theatre. City will provide a link to the City's website for the purpose of advertising events at the Theatre and contact information for use of the Theatre. It is understood that the link will not otherwise provide advertisement for the Manager; 4. Establishing rental rates and guidelines for the use of the Premises; 5. Providing box office and customer services; 6. Providing technical theatre support, including proper maintenance of theatre equipment; 7. Hiring of or contracting for all necessary personnel; 8. Financial management for the facility operations; 9. Janitorial, housekeeping, general repairs and maintenance [excluding the City's responsibilities as set forth in Section C(1) below], shared utilities; replacement of consumable items such as light bulbs, lamps, batteries, paint, gaffe tape and other items used in the normal operation of the theatre spaces and cleaning of the men's and women's bathrooms nearest to the lobby on the first floor, when Centerstage Theatre has scheduled events, including city events. 10. Facility management. AMENDMENT - 3 - 1 /2010 � CITY OF Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 �wvw crtyoffederahvay com Recreation and Cultural Services Pro rg ams. The City's recreation and cultural services programs have historically been scheduled as follows, which is the best estimate at this time, but will be subject to written confirmation from the Manager annually by September 1 St: • Arts Commission annual events; two nights - one in the 1 St quarter and one in the 3'� quarter (Friday or Saturday) 5:00 —10:00 pm; dates to be determined • Friendship Theatre Load in June 15, 16, 2013, 12:00-3:00 pm • Friendship Theatre Rehearsals; June 17, 18, 19, 20. 21, 22 2013 5:00 —10:00 pm.; June 23, 2013 12:00 — S:OOpm;* • Friendship Theatre Performances; June 20, 21, 22 2013, 5:00 —10:00 pm; June 23, 2013 12:00 — 6:00 pm. • Load out: June 24, 2013 3:30 pm — 4:30pm • Dance Recital Rehearsal; May 28, 29, 30, 31, 2013; 5:00 — 9:00 pm • Dance Recital pictures (rehearsal hall only) June 3, 2013 4:30 — 8:00 pm. • Dance Recital; June 4, 5, 6, 2013; 4:00 — 9:00 pm • Dance Recital Rehearsal; Dec. 3, 4, 5,6 2013; 5:00 -9:00 pm • Dance Recital pictures (rehearsal hall only) Dec. 9, 2013 4:30 — 8:00 pm. • Dance Recital; Dec. 10 12, 2013; 4:00 — 9:00 pm. *Friendship Theatre is a 9-month program and some rehearsals will be scheduled on occasion throughout the year (10 hours). The City retains the right to request additional dates as needed for recreation, civic and cultural events. The City will not pay rental fees for the use of the Theatre and agrees not to exceed twenty-five (25) additional hours per year for City use. For any additional time above said twenty-five (25) hours, the City will pay the established non- profit rental rate. Thereafter, each year Manager shall confer with Parks Director's designee regarding scheduling and coordination of City recreation and civic events. B. Staffin�. Manager shall provide a list of staff and their responsibilities to the Parks Director's designee for the purpose of assisting coordination. Manager's employee and/or designee shall be in the building during the use of the Theater. C. Proaertv Maintenance. Citv Responsibilities. The City shall remain responsible for the routine maintenance of the following property: a. The Structure of the Building (i.e. roof, heating, walls, windows) and exterior areas including but not limited to the parking areas, landscaping and other exterior areas. b. The rigging system. c. The fire suppression system. d. The lighting and sound systems. An assessment of the systems will be performed annually by the City and a copy will be provided to the Manager. The Manager will have ten (10) days to submit a written statement detailing any dispute regarding the assessment. The Parties will meet and discuss the dispute. e. Planned capital replacements of equipment and the structure. AMENDMENT - 4 - 1/2010 � CITY OF ,"�.... Federal CITY HALL ��� 33325 8th Avenue South Federaf Way, WA 98003-6325 (253) 835-7000 www ciryofi"ederahvay com f. The City will provide access to the building with five (5) front entrance keys and provide an access code for the theatre spaces. Keys for the building will be maintained by the City, and the Manager is not allowed to duplicate. Any lost or stolen keys must be immediately reported to the City. Manager will be responsible for any cost incurred to re-key the entrance area and key replacement costs provided the need for re-keying is caused by the Manager's actions. Any cost of re-keying for the commencement of this Agreement and for the termination of this Agreement shall be the responsibility of the City. g. The City shall be responsible for two-third (2/3) of the utilities, which include water, electric, gas, and sewer. The City provided Manager historical data concerning the utilities. Upon receipt of the billing, City shall fax a copy to the Manager within 24 hours. The Manager must remit complete payment its 1/3/ share of the total cost for utilities to the City within fifteen (15) days after receiving the bill each month to ensure that the City is timely with its payrnent obligation. 2. Mana e� r Responsibilities. a. The Manager agrees during the term of this Agreement to keep the Premises in a condition and state of repair as good as the same shall be on the date of the Manager's possession of the Premises excluding normal wear and tear. b. The Manager shall pay the full cost of all repairs and maintenance to the Premises except for the routine maintenance to the property identified in Section C(1) above. Manager is responsible for all consumable routine items to operate equipment such as light bulbs, lamps, batteries, tie lines, gaff tape and other products used to operate equipment. Manager will also be responsible for any damages or replacement of equipment due to mis-use or accident. c. The Manager shall pay for de-icing in the parking lot when the only event is at the Theatre, but shall not pay when there are also events at Dumas Bay Centre. d. The City shall not be required to make any repairs unless and until written notice of the need for said repairs shall have first been given by the Manager to the City in writing at the City's address specified above. Upon receipt of written notice the City will attempt to make repairs in a reasonable time period to not interfere with the use of the Theatre. e. The Manager shall provide its own cleaning and custodial services, including waste disposal, in accordance with RCW 39.12.020 by paying prevailing wage at its expense. In the event the Manager undertakes remodeling and/or construction projects at the Theater, the Manager shall payprevailing wages at its own expense for any construction work. f. Manager is not allowed to duplicate keys. Any lost or stolen keys must be immediately reported to the City. Manager will be responsible for any cost incurred to re-key the entrance area and key replacement costs. g. The Manager shall be responsible for one-third (1/3) of the utilities for the building, which include water, electric, gas, and sewer. When Manager receives copy of billings from the City, Manager will timely remit its complete 1/3/ portion to the City within fifteen (15) days of each month to ensure that the City is timely with its payment obligation. The City will submit payment to the utilities. In the event there is a late charge for a utility payment due to the Manager, the Manager shall be responsible for the extra charges. h. Theater use policies: (i) Manager shall submit all requests for signs, cards, or displays beyond the Theatre lobby and AMENDMENT - 5 - 1 /2010 ` CITY OF '�•... Federal (ii) CITY HALL W �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 ww�v crtyoffederalway com Box Office to the Dumas Bay Centre Coordinator. Manager agrees to use sandbags and counterweights to support pieces. No nails, screws or fasteners of any kind shall be attached to any part of the stage, rehearsal space, workroom or any other backstage area. (iii) Manager may paint the stage floor and back theater with approved latex paint under the following conditions: (1) drop cloths are used and appropriate care is taken so as not to get paint on carpet, drapes, or rigging; (2) metal floor pocket covers are not to be painted; (3) stage surface and/or wall are professionally repainted at Manager's expense. (iv) Manager will not allow any inappropriate vehicles or heavy equipment (i.e. forklift) on the stage floor. (v) Manager will ensure that all braces, platforms, etc that come into contact with the stage floor are padded with non-abrasive carpet or other material; and that staples or nails used to affix the pads are sufficiently indented so as not to protrude and damage the floor. Manager is not allowed to remove any fixed item from the stage or theatre complex such molding, fixtures, seating, etc. (vi) Manager will ensure that all heavy materials (i.e. furniture, platforms, etc} are lifted or rolled to avoid damaging the stage floor. (vii) Manager will ensure that enamel or spray paint is used only in the workroom. (viii) Manager may permit open flame provided that the use complies with the City of Federal Way Fire Code; the use is permitted via a flame permit; and the Fire Marshall of South King Fire and Rescue inspected the area. (ix) All Theatre spaces must be maintained for intended use, rehearsal hall as a rehearsal; meeting and banquet space; workroom as a temporary work space for upcoming productions; theatre space as production and meeting space. II. PREMISES A. Premises. Manager shall maintain the Premises in good condition and shall not alter or change the premises without the prior written approval of City. Manager is not allowed to remove any city equipment, supplies or materials from the building. The Premises under this Agreement shall include the following: 1. First Floor: • Office space — Current Theatre Coordinator Office • Box office • Theatre lobby/theatre • Workroom • Rehearsal hall • Dressing rooms • Restroom • Office space, which will be the Caretaker's apartment or other space as determined by the City in coordination with the Manager. 2. Second Floor: • Tech booth • Storage space for props and costumes as identified in highlight on the map. AMENDMENT - 6 - 1/2010 � CITM OF Federal CITY HALL ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 3. Art Gallery. Manager shall maintain Public Access to the Art Gallery during normal business hours and on weekends when the Theatre is in use. B. Smoking/Fires Prohibited. Pursuant to RCW 70.160.030 all smoking in the Theatre is prohibited on stage or anywhere in the Premises. Smoking will be permitted outside so long as it is done more than twenty- five feet away from entrances, exits, windows that open, and ventilation intakes as required by RCW 70.160.075. Please use appropriate receptacles. C. Future Alterations or Imurovements. 1. All alterations or improvements to the Premises undertaken by the Manager shall be constructed at the Manager's expenses, and the Manager agrees to bear full responsibility for insuring that all construction on the Premises is undertaken and conducted in a safe and professional manner, and that all alterations or improvements shall be of high quality construction. The Manager agrees that it will not allow any liens to attach to the Premises as a result of any construction preformed on the Premises. However, should a laborer's or material man's liens be filed per Chapter 60.04 RCW, the City agrees that this will not be considered a breach of this Agreement. The Manager further agrees to hold the City harmless from any and all claims, including costs, attorney's fees, and expenses, arising in any way from any construction on the Premises undertaken by the Manager. Unless specifically agreed otherwise in writing signed by the City prior to construction or addition of any alterations or improvements to the Premises, all alterations and improvements shall become the property of the City upon termination or expiration of this Agreement. 2. The Manager shall not perform, or cause to be performed any alterations or improvements to the Premises without first providing written notice to the City and obtaining the City's review and approval of said alterations or improvements, including signage on the building, which must comply with the Federal Way City Code, and all applicable laws. All hours of work in performing alterations or improvements shall also be subject to the City's prior approval. 3. At the termination of this Agreement, the Manager shall ensure that the condition of the Premises is equal to or better than the condition existing at the commencement of this Agreement, excluding normal wear and tear as mutually determined by the City and the Manager. D. Fire or Other Casualtv. In the event the Premises are damaged and/or destroyed by unavoidable casualty or risks covered by standard insurance to such an extent as to render any portion of the Premises untenantable, the City shall have the option to demolish, rebuild or repair the Premises. The City shall have thirty (30) days after the date of written notification by the Manager of the happening of any such contingency in which to notify the Manager of the City's intention to rebuild or repair the Premises or the parts so damaged. If the City elects to rebuild or repair said Premises, the City shall prosecute the work of such rebuilding or repairing without unreasonable delay. If the City fails to give said notice within said period, the Manager shall have the right to terminate this Agreement by written notice to the City at any time prior to commencement of reconstruction or repair of the Premises. E. Parkin$. Parking is shared with other building users and is provided in designated areas only with the exception of load-in and load-out with advance coordination with Dumas Bay Centre Coordinator. Parking in non- designated areas (unless coordinated in advance) may result in ticketing and/or towing at the owner's expense. AMENDMENT - 7 - 1 /2010 � GTY OF '�.... Federal CITY HAL� ��� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyoffederahvay. com EXHIBIT B-1 A. Management Fee ADDITIONAL COMPENSATION In return for the Services, the City shall pay the Contractor an additional amount not to exceed Two Hundred Twenty Six Thousand Eight Hundred and No/100 Dollars ($226,800.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Four Hundred Forty Eight Thousand and No/100 Dollars ($448,000.00). B. Hourly Technician Fees Manager shall provide technical services for the premises at the published rate, which shall be paid by all renters including the City. C. Rental Income and Other Uses Income from rental of the facility shall be Manager income. The meeting/rental use by Dumas Bay Centre will be the established rate in accordance with rates charged to other non profit organizations. The Parties agree that the rental rate and other fees for the Theatre shall remain competitive with the Dumas Bay Centre's fees rental rates and other fees to avoid undercutting the other party. City recreation programs and/or civic events as outlined in Exhibit A-1 shall not pay any rent. AMENDMENT - 8 - 1/2010 Business Licensing Service:License Query Search • Contact us • Forms • About us • Hom • Start your business • Change or uodate vour business information • How to renew vour license Search Business Licenses License Information: Entity Name: CENTERSTAGE THEATRE ARTS CONSERVATORY Business Name: CENTERSTAGE THEATRE ,License Type: Washington State Business Entitv Tvoe: Nonprofit Corporation UBI: 601241125 Business ID:001 Location ID:0001 Status: To check the status of this company, go to Secretarv of State and Deoartrnent of Revenue. Location Address: 3200 SW DASH POINT RD FEDERAL WAY, WA, 98023-2340 Governing Peoole: ALICIA TALLEY CINDY DUCICH STEPHEN PERCIVAL STEPHEN SMITH Mailing Address: 1600 B#271 SW DASH POINT RD FEDERAL WAY, WA, 98023-4530 Information Current as of 06/20/2012 5:42AM Pacific Time j New Search � This site is limited to searching for business licenses issued through the Washington State Business Licensing Service. • Contact us • Forms • About us • Privacv �02011 Washin ton State Department of Revenue and its licensors. All rights reserved. Page 1 of 1 http://bls.dor.wa.gov/LicenseSearch/1qsLicenseDetail.aspx?RefID=745969 6/20/2012 DATE (MMIDD/YYYY) CERTIFICATE OF L IABILITY INSURANCE 06/28/2012 THIS CERTIFICATE IS ISSUED AS A MATfER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poHcies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s . PRODUCER STANFORD INSURANCE INC r�,a DANA HERTH 1010 S 336th St Suite #110 P " o " E ,253-874-9200 F � N,:253-835-1787 0 E-MAIL Federal Way WA 98003 ADDRES : ...�. � c � .c. .cc^e^,.,^ _ nnveeer_c NAIC 8 IN8URED Centerstage Theatre Art Conservatory Inc 1600B SW Dash Point Rd. #271 Federal Way WA 98023-4530 Mutual Of EnumGaw COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POIICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �� TYPE OF IN8URANCE ADDL SUBR pOLICY NUMBER MM�� Y EFF M � Y EXP �� GENERAL LUBILITY EACH OCCURRENCE a 1 ,000,000 X COMMERCIAL GENERAL LIABILITY PRE I Ea occu c S 300,000 CLAIMS-MADE � OCCUR MED EXP An orre rson a 10 ,��� A 1 N CPP 0005980 00 06/03/2012 06/03/2013 PERSONAL&ADVINJURY S �,� ^ GENERALAGGREGATE S Z,OOO,OOO GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 POLICY � PRO- LOC s COMBINED SINGLE LIMIT AU70MOBILE UABILITY � a acci� ent ANY AUTO BODILY INJURY (Per person) S 1 ALL ONMED SCHEDUIED BODILY INJURY (Per eccident) 5 AUTOS AUTOS � � NON-0WNED PROPERTY DAMAGE y . HIRED AUTOS AUTOS � � a ' S UMBREUJ► LIAB ��R EACH OCCURRENCE S EXCESS LtAB CLAIMS-MADE AC,GREGATE S DED RETENTION S WORKERS COMPENSATION VNC STATU- OTH- . AND EMPLOYERS' LIABILI7Y � � Y/ N . �. ANY PROPRIETOR/PARTNER/EXECUTIVE � N � A � E.L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? ' � (Mandatory In NH) E.L. DISEASE - EA EMPLOYE S If yes, describe under DESCRIPTION OF OPERAT�ONS below E.L. DISEASE - POUCY LIMIT S OE8CRIF710N OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 701, Addidonal Ramarks Schedule, H more space Is required) . ADDITIONAL INSURED: CITY OF FEDERAL WAY CITY OF FEDERAL WAY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE FEDERAL WAY ARTS COMMISSION THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 333530 1 st Way SO. FEDERAL WAY WA 98003 nun+aevEO R r�s Tarne Fax: 253-835-6939 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CPP 0005980 01 COMMERCIAL GENERAL LIABILITY � CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Section II - Who Is An Inaured is amended to in- clude as an additional insured the person(sl or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 O7 04 Copyright, ISO Properties, Inc., 2004 Page 7 of 1 UNIFORM ]] RETURN TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. 11. CONTRACT SIGNATURE ROUTING o SENT TO VENDOR/CONTRACTOR DATE-sEN'f: ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS )( LAW DEPARTMENT 0 frf- 71 fp (0 c:, )Q SIGNATORY (CM, ACM, OR DIRECTOR) M CITY CLERK ]2(ASSIGNED AG#~ )f SIGNED COPY RETURNED DATE SENT: 7 ./&:j . D1 Cfur) to '( k:.5 jlA. \..\J COMMENTS 2. 4. 5. 6. 7. 8. 9. 10. ORIGINATING DEPT./DIV: Yaf ks ORIGINATING STAFF PERSON: r flXY fADe.. EXT: 3. DATE REQ. BY: TYPE OF DOCUMENT REQUESTED (CHECK ONE) o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) o PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT o PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG o REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) o ORDINANCE 0 RESOLUTION o CONTRACT AMENDMENT AG#: )(! OTHER ~ m~yYIMT $ O~a.-tiny"\ rl:}V'efJ~1- PROJECTNAME:-.l<nU:t'ZiA1 tZtVY}i l'-1 ThlCf-\Y'e.. tv\aVltJt't'WLt-vlt NAME OF CONTRACTOR: C e.V1~1n~ EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE o ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS COMPLETION DATE: (0 ~ 2C12. TERM: COMMENCEMENT DATE:~ t D CJ ,/'t'lA..t 'i<!ll"'~ 'I"'..! TOTAL COMPENSATION $'10~ , 1S,bOl> ,15.(,00: tZ~20o(INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDUL S OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY ,.B{PURCHASING: PLEASE CHARGE TO: LlDL -7200 - ~52 -7::>15 -LIS - L{IO CONTRACT REVIEW o PROJECT MANAGER o DIRECTOR o SIGNATORY (CM, ACM, OR DIRECTOR) o RISK MANAGEMENT (IF APPLICABLE) o LAW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED DATE REC'D: INITIAL/DATE SIGNED C1fh'Y\ t. I q... 01 3/09 A federal Way CITY HALL 33325 8th Avenue South' PO Box 9718 Federal Way, 'NA 98063-9718 (253) 835-7000 WVi,V. cityoffederaiwaycom THEATRE MANAGEMENT AND OPERATIONS AGREEMENT This Theatre Management and Operations Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Centerstage, a nonprofit 501(c)(3) organization ("Manager"). The City and Manager (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: cENTERST AGE: CITY OF FEDERAL WAY: Centerstage P.O. Box 3141 Federal Way, WA 98063 253. 661.1444 (telephone) aabrvce@hotmail.com Parks Director 33325 8th Avenue South. P.O. Box 9718 Federal Way, WA 98063-9718 (253) 835-2412 (telephone) (253) 835-6929 (facsimile) RECITALS A. On February 11,2009, the City issued a Request for Proposals ("RFP") for Knutzen Family Theatre ("Theatre") Management. B. Centerstage submitted a response to the RFP, and stated that it would the use the Theatre for five (5) of its own productions. C. On April 7, 2009, the Federal Way City Council awarded the contract for managing the Theatre to Centerstage. D. Under the terms ofthe RFP the City will remit a flat management fee, and will not receive any income from the productions at the Theatre, including Centerstage's productions. E. The Parties recognize that the use of Dumas Bay Center will likely affect the use of the Theatre. To the extent possible, the City will use its best efforts to avoid a use at Dumas Bay Center that is incompatible with Manager's management of the Theatre. F. This Management and Operations Agreement is not intended to have any bearing upon the Manager's artistic endeavors and neither prohibits Centerstage Theatre Arts Conservatory Inc. from applying for other grants or contracts for artistic services nor prohibits the award of said grants or other contracts for artistic services from the appropriate body within the City of Federal Way. The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services, but in any event no later than June 30, 2012 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Manager. The Parties agree to commence discussions for an extension no later than 120 days before the expiration ofthis Agreement. 2. SERVICES. The Manager shall perform the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a professional manner consistent with the accepted professional practices for other similar management services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Parks Director or designee. The City and the Manager will meet on a quarterly basis, or more often if necessary, to discuss management and operation ofthe facility. The Manager warrants that it THEATRE MANAGEMENT AGREEMENT - 1 - K:/ Agreements\Parks\2009\ Theatre Management 6/8//09 A federal Way CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 ww,l'dtyoffederalway com has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin July 1, 2009. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Manager of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party following a meeting of their respective governing bodies may terminate this Agreement, with or without cause, upon providing the other party one hundred twenty (120) days written notice at its address set forth above. The Parks Director designee may terminate this Agreement immediately if the Manager fails to maintain required insurance policies, or materially violates Section 10 as detennined after an investigation; and such may result in ineligibility for further City agreements, which action will subsequently be ratified by the City Council. In the event that any lapse in insurance is not the fault of the Manager, such as a failure of, or an error committed by the Insurance carrier, the failure will not be deemed a material breach of the contract provided the Manager rectifies the changed circumstances within 5 business days. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Manager an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Manager agrees that any hourly or flat rate charged by it for its technical services contracted for the City's use herein and its rental rate shall be the same as other users and remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. Except as otherwise provided in Exhibit "B", the Manager shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Manager shall submit a voucher or invoice before the 5th day of the following month in the form specified by the City, including a description of what Services have been performed. The Manager shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Manager will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. Provided however, thirty (30) day notice will be given by the City before such termination takes effect. 5. INDEMNIFICATION. 5.1 Manager Indemnification. The Manager agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Manager in performance of this Agreement, except for that portion of the claims caused by the City's negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by THEATRE MANAGEMENT AGREEMENT - 2 - K:/Agreements\Parks\2009\Theatre Management 6/8//09 ,~ federal Way CITY HALL 333258th Avenue South' PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 .vww Cltyoffederaiway com or resulting from the concurrent negligence of the Manager and the City, the Manager's liability hereunder shall be only to the extent of the Manager's negligence. Manager shall ensure that each sub-Manager shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Manager pursuant to this paragraph. The City's inspection or acceptance of any of Manager's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Manager waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Manager's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Manager, its officers, directors, shareholders, partners, employees, agents, representatives, insurers, attorneys, and volunteers and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Manager agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Manager, their agents, representatives, employees or subcontractors, as provided in Exhibit "C" , attached hereto and incorporated by this reference, for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. BOOKS AND RECORDS. The Manager agrees to maintain books, records, and documents at the Theatre which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, upon forty-eight (48) hours notice to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. The City intends to review these records at least quarterly and report to the City Council. 8. INDEPENDENT CONTRACTOR. The Parties intend that the Manager shall be an independent contractor and that the Manager has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Manager sick leave, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Manager shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Manager's own risk, and Manager shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Manager shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Manager, shall not be deemed to convert this Agreement to an employment contract. THEATRE MANAGEMENT AGREEMENT - 3 - K:/ Agreements\Parks\2009\ Theatre Management 6/8//09 ,~ Federal Way CITY HALL 333258th Avenue South. PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 WW,v.cltyoffederalway com 9. CONFLICTS. 9.1 Service. It is recognized that Manager mayor will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Manager's ability to perform the Services under this Agreement. Manager agrees to resolve any such conflicts of interest in favor of the City. 9.2 Financial Interest. Manager confirms that Manager does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Manager's selection, negotiation, drafting, signing, administration, or evaluating the Manager's performance. 10. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Manager or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Manager shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973,49 CFR Part 21,21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 11. GENERAL PROVISIONS. 11.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevaiL The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modifY or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 11.2 Assignment and Beneficiaries. Neither the Manager nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. THEATRE MANAGEMENT AGREEMENT - 4- K:/ Agreements\Parks\2009\Theatre Management 6/8//09 ~ Federal Way CITY HALL 33325 8th Avenue South' PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 WViW cityoftedemlway com 11.3 Compliance with Laws. The Manager and the City shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, liquor licenses as applicable, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 11.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Manager's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 11.5 Execution. Each individual executing this Agreement on behalf of the City and Manager represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon ,:hich the last of all of the Parties have executed a counterp~:t;of~};, Agreement shall be the "date of mutual executIOn" hereof. ,,:,:;.(tC" ~ .,,"";,%;. .. '" " -.,,# '." 11..; .. .... l.f " '....- ~ It>... \ ./ ",";,1\'" .,....~ '. f'. .,. [Signature page follows] ,.\. ,.~"~ c... 1;:' ~.... " ",,~, ...t~ ;,.~ ':._ ...'fI'i- '. 1 ,- ...... THEATRE MANAGEMENT AGREEMENT - 5 - K:/ Agreements\Parks\2009\ Theatre Management 6/8//09 fII'~ federal Way CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 wwwCityoffederalvvaycom IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: -ift; By: l' ~ Brian j ilson Interim City Manager APPROVED AS TO FORM: DATE: 7/1 J/~oJ '1 r~~~~ City Attorney, Patricia A Richardson By' te of Washington non profit corporation ~ Title: {?~T j?tJt1M uice-~/lR.r//J.e",/ / DATE::!t.tLr f)/ ~t>t)r tlb STATE OF WASHINGTON) ) ss. COUNTY OF ~\"q ) On this day personally appeared before me ~o:rer Wood , to me known to be the C~T 'Bcn~d vI. c.... -'P.-"5~~f Centerstage that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this d- day of ~ d 1 A , 200Cf. ~"""""\"tl ~ r\r.. ~.~l /~"J\f~t)p,tur ~ LlJ ~ f d;~&ffl+iE!i:ed name \b~'o-. ~ roL-\c/ . . ~~~ -r' 4~J ~\t" Notary PublIc m and for the State ofWashmgton. ~,~.;; . ~_ . ... ~ '. My commission expires tu -JI-~o09 "', '" ,;',. '91.,{' " THEATRE MANAGEMENT AGREEMENT - 6- K:/ Agreements\Parks\2009\Theatre Management 6/8//09 ...~ federal Way CITY HALL 33325 8th Avenue South' PO Box 9718 Federal Way, VVA 98063-9718 (253) 835-7000 wwwcityoffederafwaycom EXHIBIT "A" SERVICES I. THEATRE MANAGEMENT A. Theatre Management The Parties recognize that the use of Dumas Bay Center will likely affect the use of the Theatre. To the extent possible, the City will use its best efforts to avoid a use at Dumas Bay Center that is incompatible with Manager's management of the Theatre. Manager shall manage the day-to-day operations of the Knutzen Family Theatre ("Theatre") for the City, including booking of performances and rental of the facility, and selection and management of the contracted concessionaires. Manager shall provide all of the staff support necessary to meet the needs of City in conducting City's activities at theTheatre. Manager will be responsible for implementing and carrying out all personnel support functions necessary to ensure successful accomplishment of its tasks and activities. The Manager shall communicate and work with the Parks Director's designee on such tasks and activities, which will include, but are not limited to the following: (1) Coordination of use with Dumas Bay Centre including, but not limited to: . Shared use of common areas such as hallways and bathrooms. . Shared use and management of parking area . Coordination of events and rentals with other uses on the premises. . Consideration of the quiet hours established for the comfort of overnight guests from the hours of 11 :00 p.m. - 8:00 a.m. (2) Coordination of City recreation and civic programs; (3) Provision of monthly schedule use to Dumas Bay Centre two (2) weeks in advance of the upcoming month. The Manager shall be reslJonsible for the following: (1) Scheduling rental use of the theatre including local non-profit arts organizations; (2) Scheduling artists, performances, educational endeavors, and presentations; (3) Marketing and promotions of the Theatre. City will provide a link to the City's website for the purpose of advertising events at the Theatre and contact information for use of the THEATRE MANAGEMENT AGREEMENT - 7 - K:/ Agreements\Parks\2009\Theatre Management 6/8//09 ~ Federal Way CITY HALL 33325 8th Avenue South' PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 wwwotyoffederatwaycom Theatre. It is understood that the.link will not otherwise provide advertisement for the Manager; (4) Establishing rental rates and guidelines for the use of the Premises; (5) Providing box office and customer services; (6) Providing technical theatre support, including proper maintenance of theatre equipment; (7) Hiring of or contracting for all necessary personnel; (8) Financial management for the facility operations; (9) Janitorial, housekeeping, general repairs and maintenance, (excluding the City's responsibilities as set forth in Section C(1) below) shared utilities; replacement of consumable items such as light bulbs, lamps, batteries, paint, gaffe tape and other items used in the normal operation ofthe theatre spaces and cleaning of the men's and women's bathrooms nearest to the lobby on the first floor. (10) Facility management. The City's following theater events scheduled in 2009 shall continue: . Summer Youth Theater; July 6 -31; Mon.-Fri. 8:30 - 5:00 . Summer Youth Performance; July 31 - Aug 1;,7,8,14 & 15 5:30 -9:30 pm and Sun Aug. 2,9 & 16 12:00 - 4:00 pm. . Summer Youth Theater; Aug 3 -7; Mon- Fri 12:30 - 5:00 pm . Dance recital rehearsal; Nov. 10,11, 12 & 13 3; 5:00 - 9:00 pm . Dance recital; Nov. 17 &18; 4:00 - 9:30 p.m. The City's recreation and cultural services programs have historicallv been scheduled as follows, which is the best estimate at this time, but will be subiect to written confirmation from the Manager annuallv bv September rt: . Arts Commission annual events; two nights - one in the 15t quarter and one in the 3rd quarter (Friday or Saturday) 5:00 - 10:00 pm; dates to be determined . Arts Commission Writer's Retreat; Apr 23,2010 5:00 - 1O:00pm; Apri.24 8:00 -5:00 pm . Friendship Theater rehearsals; June 14, 2010 1:00 - 10:00 pm.; June 15, 16, 17, 20105:00 - 10:00pm;* . Friendship Theatre Performance; June 18,20105:00 - 10:00 pm; June 19,2010 12:00 - 10:00 pm.; and June 20, 2010 1 :00 - 6:00pm . Dance Recital Rehearsal; June 1 - 4,2010; 5:00 - 9:00 pm THEATRE MANAGEMENT AGREEMENT - 8 - K:/Agreements\Parks\2009\Theatre Management 6/8//09 ~ Federal Way CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 WVIW Cltyoffederafwaycom . Dance Recital pictures (rehearsal hall only) June 7, 2010 4:30 - 8:00 pm. . Dance Recital; June 8 - 9,2010; 4:00 -98300 pm . Dance Recital Rehearsal; Nov. 9,10, 11 & 12,2010; 5:00 -9:00 pm . Dance Recital; Nov. 16 17,2010; 4:00 - 9:30 pm. *Friendship Theatre is a 9-month program and some rehearsals will be scheduled on occasion throughout the year (10 hours). The City retains the right to request additional dates as needed for recreation, civic and cultural events. The City will not pay rental fees for the use of the Theatre and agrees not to exceed twenty-five (25) additional hours per year for City use. For any additional time above said twenty-five (25) hours, the City will pay the established non-profit rental rate. Thereafter, each year Manager shall confer with Parks Director's designee regarding scheduling and coordination of City recreation and civic events. B. Staffing Manager shall provide a list of staff and their responsibilities to the Parks Director's designee for the purpose of assisting coordination. Manager's employee and/or designee shall be in the building during the use of the Theater. C. Property Maintenance 1. City Responsibilities. The City shall remain responsible for the routine maintenance of the following property: A, The Structure of the Building (i.e. roof, heating, walls, windows) and exterior areas including but not limited to the parking areas, landscaping and other exterior areas. B. The rigging system. C. The fire suppression system. D. The lighting and sound systems. The condition has been assessed by Stagecraft Industries. (See attached Appendix I, which is incorporated herein). The assessment will be used to determine the condition and life expectancy of the systems at the commencement of this Agreement. The City will provide the Manager a copy of the initial assessment. An assessment of the systems will be performed annually by the City and a copy will be provided to the Manager. The Manager will have ten (10) days to submit a written statement detailing any dispute regarding the assessment. The Parties will meet and discuss the dispute. E. Planned capital replacements of equipment and the structure. The Staff has conducted an inventory of Theatre, which is reflected in the attached Appendix II, which is incorporated herein. Additionally, a report as to the values and condition of the upright grand piano and the grand piano has been completed, which is attached as Appendix III, which is incorporated herein. THEATRE MANAGEMENT AGREEMENT - 9 - K:/ Agreements\Parks\2009\ Theatre Management 6/8//09 A federal Way CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 Ww,y.CltyoffederaMay. com F. The City will provide access to the building with five (5) front entrance keys and provide an access code for the theatre spaces. Keys for the building will be maintained by the City, and the Manager is not allowed to duplicate. Any lost or stolen keys must be immediately reported to the City. Manager will be responsible for any cost incurred to re-key the entrance area and key replacement costs provided the need for re-keying is caused by the Manager's actions. Any cost of re-keying for the commencement of this Agreement and for the termination of this Agreement shall be the responsibility of the City. G. Commencing September 1, 2009, the City shall be responsible for two-third (2/3) of the utilities, which include water, electric, gas, and sewer. The City provided Manager historical data concerning the utilities. Upon receipt of the billing, City shall fax a copy to the Manager within 24 hours. The Manager must remit complete payment its 1/3/ share of the total cost for utilities to the City within fifteen (15) days after receiving the bill each month to ensure that the City is timely with its payment obligation. 2. Manager Responsibilities. A. The Manager agrees during the term of this Agreement to keep the Premises in a condition and state of repair as good as the same shall be on the date of the Manager's possession of the Premises excluding normal wear and tear. Manager will provide the City with a full photographic record of the facility, dated July 1,2009. B. The Manager shall pay the full cost of all repairs and maintenance to the Premises except for the routine maintenance to the property identified in Section C(1) above, Manager is responsible for all consumable routine items to operate equipment such as light bulbs, lamps, batteries, tie lines, gaff tape and other products used to operate equipment. Manager will also be responsible for any damages or replacement of equipment due to mis-use or accident. C. The Manager shall pay for de-icing in the parking lot when the only event is at the Theatre, but shall not pay when there are also events at Dumas Bay Centre. D. The City shall not be required to make any repairs unless and until written notice of the need for said repairs shall have first been given by the Manager to the City in writing at the City's address specified above. Upon receipt of written notice the City will attempt to make repairs in a reasonable time period to not interfere with the use of the Theatre. E. The Manager shall provide its own cleaning and custodial services, including waste disposal, in accordance with RCW 39.12.020 by paying prevailing wage at its expense. In the event the Manager undertakes remodeling and/or construction projects at the Theater, the Manager shall pay prevailing wages at its own expense for any construction work. F. Manager is not allowed to duplicate keys, Any lost or stolen keys must be immediately reported to the City. Manager will be responsible for any cost incurred to re-key the entrance area and key replacement costs. THEATRE MANAGEMENT AGREEMENT - 10 - K:! Agreements\Parks\2009\ Theatre Management 6/8//09 A Federal Way CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 wv/w dtyoffedemMay com G. Commencing September 1,2009, the Manager shall be responsible for one-third (113) of the utilities for the building, which include water, electric, gas, and sewer. When Manager receives copy of billings from the City, Manager will timely remit its complete 1/3/ portion to the City within fifteen (15) days of each month to ensure that the City is timely with its payment obligation. The City will submit payment to the utilities. In the event there is a late charge for a utility payment due to the Manager, the Manager shall be responsible for the extra charges. H. Theater use policies: a. Manager shall submit all requests for signs, cards, or displays beyond the Theatre lobby and Box Office to the Dumas Bay Centre Coordinator. b. Manager agrees to use sandbags and counterweights to support pieces. No nails, screws or fasteners of any kind shall be attached to any part of the stage, rehearsal space, workroom or any other backstage area. c. Manager may paint the stage floor and back theater with approved latex paint under the following conditions: (1) drop cloths are used and appropriate care is taken so as not to get paint on carpet, drapes, or rigging; (2) metal floor pocket covers are not to be painted; (3) stage surface and/or wall are professionally repainted at Manager's expense. d. Manager will not allow any vehicles or heavy equipment (i.e. forklift) on the stage floor. e. Manager will ensure that all braces, platforms, etc that come into contact with the stage floor are padded with non-abrasive carpet or other material; and that staples or nails used to affix the pads are sufficiently indented so as not to protrude and damage the floor. Manager is not allowed to remove any fixed item from the stage or theatre complex such molding, fixtures, seating, etc. f. Manager will ensure that all heavy materials (i.e. furniture, platforms, etc) are lifted or rolled to avoid damaging the stage floor. g. Manager will ensure that enamel or spray paint is used only in the workroom. h. Manager may permit open flame provided that the use complies with the City of Federal Way Fire Code; the use is permitted via a flame permit; and the Fire Marshall of South King Fire and Rescue inspected the area. i. All Theatre spaces must be maintained for intended use, rehearsal hall as a rehearsal; meeting and banquet space; workroom as a temporary work space for upcoming productions; theatre space as production and meeting space. THEATRE MANAGEMENT AGREEMENT - 11 - K:/ Agreements\Parks\2009\Theatre Management 6/8//09 ,.~ federal Way CITY HALL 333258th Avenue South- PO Box 9718 Federal Way, VVA 98063-9718 (253) 835-7000 www'cityoffederaiwavcom II. PREMISES The floor plan of the Premises is attached as Appendix IV and incorporated by reference herein. A. The Premises under this Agreement shall include the following: 1. First Floor: . Office space - Current Theatre Coordinator Office . Box office . Theatre lobby/theatre . Workroom . Rehearsal hall . Dressing rooms . Restroom . Office space, which will be the Caretaker's apartment or other space as determined by the City in coordination with the Manager. 2. Second Floor: . Tech booth . Storage space for props and costumes as identified in highlight on the map. 3. Art Gallery There are commitments with artists for the City to maintain the lobby through 2009. The Arts Commission will vote in May whether to maintain the gallery. The City will maintain access and maintain the gallery through 2009 and notify the Manager of the Art Commission's decision for 2010. Manager shall maintain the Premises in good condition and shall not alter or change the premises without the prior written approval of City. Manager is not allowed to remove any city equipment, supplies or materials from the building. B. Smoking/Fires Prohibited. Pursuant to RCW 70.160.030 all smoking in the Theater is prohibited on stage or anywhere in the Premises. Smoking will be permitted outside so long as it is done more than twenty-five feet away from entrances, exits, windows that open, and ventilation intakes as required by RCW 70.160.075. Please use appropriate receptacles. C. Future Alterations or Improvements. 1. All alterations or improvements to the Premises undertaken by the Manager shall be constructed at the Manager's expenses, and the Manager agrees to bear full responsibility for insuring that all construction on the Premises is undertaken and conducted in a safe and professional manner, and that all alterations or improvements shall be of high quality construction. The Manager agrees that it will not allow any liens to attach to the Premises as a result of any construction preformed on the Premises. However, should a laborer's or material man's liens be filed per Chapter 60.04 RCW, the City agrees that this will not be considered a breach of this Agreement. The Manager further agrees to hold the City harmless from any and all claims, THEATRE MANAGEMENT AGREEMENT - 12 - K:/Agreements\Parks\2009\Theatre Management 6/8//09 A federal Way CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 w\1ItlCcityoffede.miway com including costs, attorney's fees, and expenses, arising in any way from any construction on the Premises undertaken by the Manager. Unless specifically agreed otherwise in writing signed by the City prior to construction or addition of any alterations or improvements to the Premises, all alterations and improvements shall become the property of the City upon termination or expiration of this Agreement. 2. The Manager shall not perform, or cause to be performed any alterations or improvements to the Premises without first providing written notice to the City and obtaining the City's review and approval of said alterations or improvements, including signage on the building, which must comply with the Federal Way City Code, and all applicable laws. All hours of work in performing alterations or improvements shall also be subject to the City's prior approval. 3. At the termination of this Agreement, the Manager shall ensure that the condition of the Premises is equal to or better than the condition existing at the commencement of this Agreement, excluding normal wear and tear as mutually determined by the City and the Manager. D. Fire or Other Casualty. In the event the Premises are damaged and/or destroyed by unavoidable casualty or risks covered by standard insurance to such an extent as to render any portion of the Premises untenantable, the City shall have the option to demolish, rebuild or repair the Premises. The City shall have thirty (30) days after the date of written notification by the Manager of the happening of any such contingency in which to notify the Manager of the City's intention to rebuild or repair the Premises or the parts so damaged. If the City elects to rebuild or repair said Premises, the City shall prosecute the work of such rebuilding or repairing without unreasonable delay. If the City fails to give said notice within said period, the Manager shall have the right to terminate this Agreement by written notice to the City at any time prior to commencement of reconstruction or repair of the Premises. E. Parking. Parking is shared with other building users and is provided in designated areas only with the exception ofload-in and load-out with advance coordination with Dumas Bay Centre Coordinator. Parking in non-designated areas (unless coordinated in advance) may result in ticketing and/or towing at the owner's expense. THEATRE MANAGEMENT AGREEMENT - 13 - K:/ Agreements\Parks\2009\Theatre Management 6/8//09 A Federal Way CITY HALL 33325 8th Avenue South' PO Box 9718 Federal Way, VVA 98063-9718 (253) 835-7000 wwwcityoffedemiwaycom EXHIBIT "B" COMPENSATION A. Management Fee The City shall pay Manager Compensation in monthly equal installments for Manager's management fee annually. The management fee of Seventy Thousand Dollars ($70,000) will be paid for twelve months beginnin~ on July 1, 2009. For the initial payment, the Manager will submit an invoice no later than July 15 in order to provide sufficient time for the City to remit the initial payment on or before August 1,2009. Effective July 1,2010 the management fee will include an eight percent (8%) increase for the amount of Seventy Five Thousand and Six Hundred ($75,600). Payments will be made in monthly equal installments upon receipt of the requisite invoice. Commencing September 1, 2009, the City will deduct from the monthly installments Eight Hundred Eight and 20/1 00 Dollars ($808.20) the monthly amount of back rent referenced in Section E below. B. Hourly Technician Fees Manager shall provide technical services for the premises at the published rate, which shall be paid by all renters including the City. C. Rental Income and Other Uses Income from rental of the facility shall be Manager income. The meeting/rental use by Dumas Bay Centre will be the established rate in accordance with rates charged to other non profit organizations. The Parties agree that the rental rate and other fees for the Theatre shall remain competitive with the Dumas Bay Centre's fees rental rates and other fees to avoid undercutting the other party. City recreation programs and/or civic events as outlined in Exhibit A shall not pay any rent, D. Future Rents Future rents for the Facility include: . Aria Dance Company; Oct 13, 16, 17,2009 . Rob Lalicker; Nov 14, 2009 . 9th Ave School of Dance; Dee 15, 17-20.2009 The City will notify the above renters that the City is terminating the rental agreement due to this Agreement and that the renter in order to hold the above dates is required to confirm in writing with the Manager prior to July 1,2009. E. Back Rent Manager owes the City the sum of Twenty Nine Thousand Ninety Five and 13/100 Dollars ($29,095.13) in back rent. The Parties agree that this amount may be paid over a thirty-six (36) month THEATRE MANAGEMENT AGREEMENT - 14 - K:/ Agreements\Parks\2009\Theatre Management 6/8//09 A federal Way CITY HALL 33325 8th Avenue South, PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 lVIi/tv. cityoffedemfwBY com period. In exchange for the extra time and in the interest of efficiency the Parties agree that for the first year of Agreement (July 1,2009 to June 30, 2010) the sum of Four Hundred Four Dollars ($404.00) shall be deducted from the monthly management fee referenced in Section A above; for the second year of the Agreement (July 1,2010 to June 30, 2011) the sum of One Thousand Dollars ($1,000) shall be deducted from the monthly management fee referenced in Section A above; and if the contract is extended for a third year (July 1,2011 to June 30, 2012) the sum of One Thousand Twenty-one Dollars ($1,021.00) shall be deducted from the monthly management fee referenced in Section A above. In the event this Agreement is terminated or the Parties do not extend the Agreement, the outstanding balance shall be due in full within sixty (60) days THEA TRE MANAGEMENT AGREEMENT - 15 - K:/ Agreements\Parks\2009\ Theatre Management 6/8//09 A federal Way CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 W\vwotyoffederaiwdY com EXHIBIT "c" INSURANCE 1. The Manager agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law for bodily injury, including personal injury or death, and property damage. 2. Manager's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Manager to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Manager's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Manager's insurance and shall not contribute with it. 3. The City shall be named as additional insured on all such insurance policies, with the exception of any professional liability insurance and any workers' compensation coverage(s) if Manager participates in a state-run workers' compensation program. Manager shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Manager's insurance policies are "claims made," Manager shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 4. The City will provide the Manager evidence of insurance coverage from its carrier Washington Cities Insurance Association within thirty (30) days from execution of this Agreement. THEATRE MANAGEMENT AGREEMENT - 16 - K:/ Agreements\Parks\2009\Theatre Management 6/8//09 APPENDIX I STAGECRAFT ASSESSMENT Theater E ui ment Inspections. Service. TraTrling Knutzen Family Theatre Federal Way, Washington ( Auditorium Stage Equipment ~nspection and Inventory Repo~ 2009 PO Box 4442 Portland, OR 97208-4442 www.stageserve.com 503.542.1495 1~...~~ I ~'~~~ . ~ ......- - :--. 1..... ~~T.4(jE\1.. , f{.1 "ICES ; .5EI!-. 1 i ~ _._ . , ~ ... Theater E u; ment Inspections. Service. Training Knutzen Family Theatre Attn. Julianne Briggs Re: Auditorium stage equipment Federal Way, WA Year: 2009 General Comments The stage rigging system at the facility listed above was visually inspected in April, 2009 by Craig Austin with Stage Services Company, a division of Stagecraft Industries, Inc. The sound and lighting equipment and system equipment was visually reviewed by Chris Woller. This classic, thrust style stage and proscenium theatre, remodeled around year 2000, is used for theatre performances and community functions. The space in general is in very good condition and gets high marks for maintenance and housekeeping, despite limited time being dedicated for it. Mr. Taylor represented the space technically for the inspection and demonstrated a thorough knowledge of the equipment and how to care for it. His leadership in these areas places this performance space at the high end of the scale for being clean and orderly and he should be commended. Items that Require Immediate Attention None. There were no serious issues discovered that would present an imminent threat to users or performers. Items that require attention: The main actions items are detailed in the notes section of the report. In no particular order they include: changing/filling the oil levels in the winches, removing the home- made rigging attached to the mid-stage floor block, address the rips and tears in certain curtains, and adjusting the clew guide wires. There is a lack of signage to limit the liability exposure of the facility and those too are in the notes section. The Operation and Maintenance manuals were not available and should be readily available for technicians to reference and record maintenance and service items on all of the equipment. PO B~~44~2nulp~~ti~~ld,1'()ft972d84442 www.stageserve.com 503.542.1495 Act Curtain- teal velour FAIL safe work event of an a, reported tails. Proof that the required spection and e tested samples e test result and films. This f the same fabric pass and is in - flame treated. urtain is to I to sustain a flame. 2 Careful recordkeeping is an invaluable tool in the ongoing pursuit of a environment, and an important way to protect the owner legally in the accident. A log book serves as a permanent record of the historical dat problems, repairs and maintenance, load limits and other equipment de operators have been trained properly to operate the rigging machine is docwnentation, as well as equipment service records outlined above. Informational Items Stage curtain samples were removed from named curtains during the in subjected to a flame resistance test. The results are listed below and th are enclosed in this report. Fabric Sam Ie NFP A 705 flam FAIL Act Curtain lining- beige denim Midstage traveler panels Masking Border # 1 Masking Leg #1 White Scrim-Leno FAIL PASS FAIL PASS . NFP A 705 is a recommended practice for a field flame test for textiles test is not a substitute for NFP A 701 tests which involve 10 samples 0 and specific laboratory conditions and equipment. Fabric that does not good condition may be a candidate for professionally laundered and re The simplest way to prolong the flame treated properties of any stage c vacuum them annually to remove the dust buildup that is often the fue (" Knutzen Family Theatre in Federal Way, W A Knutzen Family Theatre Federal Way, W A Select inspection photos _ ~.... u... Downstage winches, not shown above I' c,"'t. . - Inside a winch drum cavity Knutzen Family Theatre in Federal Way, W A 3 iJ . ,l~ .~)~ ~ I _ Inside winch control cabinet Oil shown dripping from hand winch gearbox, residue below -,. View into fly loft area Knutzen Family Theatre in Federal Way, W A 4 Knutzen Family Theatre in Federal Way, W A 5 Corrosion is evident on this cable termination and connection. The red arrow points to a substandard batten used to support eye lights. The yellow box is a quick link, no longer recommended for overhead lifting. Knutzen Family Theatre in Federal Way, W A 6 Some of the home made rigging- recommend removing from service IV tA " l The clothesline pulleys are connected with plastic zip ties- a rigging "no-no" Bottom of homemade rigging attached to mid-stage floor block Knutzen Family Theatre in Federal Way, W A 7 . ".I ,.!",,,.~, ;fl~c~"ff!~11;1;ft ,HUUt~~I.fU!l, i~.i'm~~~~t;:'.:'~:'~1;,C:~[L. '. ~:\,: . t-iJ Jf,'i!,J.;j7i-;iillllllUUllili{llI/Jil.. .';~.'.~r._.."jJi! il4, ".::--.~"..,.,c,~,J- This border batten has sustained a shock load- evidenced by the cable clips having slipped. The malleable cable clips are also no longer accepted as proper cable termination. I I l. Close up view of the above condition. Needs repair. Knutzen Family Theatre in Federal Way, W A 8 .. t. 'i: ~ ! SR Yz of the Act Curtain lining has been scorched by some lighting fixtures ~. l~ , J " ,f' ~ . f' i,1 i r I', i I r !, ~ I j I I I !. , 't i I l I For any questions or concerns about this report or any rigging issues, please contact Craig Austin, ETCP certified rigger-theatre at (503) 542-1495 or craig@stageserve.com ',. (Stage Services Company is a division of Stagecraft Industries, Inc.) '" f \~ ,:J J <End of Stage Rigging Report> Knutzen Family Theatre in Federal Way, W A 9 ( Select Equipment Photos from Sound and Lighting review Starting on next page. Knutzen Family Theatre in Federal Way, W A 10 ,".- . t'_!..&...i:.lll.:.k.....~____ ii:- . I~ .U . U ..' - .,' ." II) .!!'~ -.:- --,.. ._\ I) ~~~ 0..... \ ....j~ . ,-.! .~:~ ~~"~-' ... , ,',' '..."'.1.;...'.,.......\.'.'. "'," T ...... .~.-....- lj-.o1.;.;;,q~';9~h'i~ii i,i,i!""li""i(li,;g,,~ iJ\i},,~~ i] r n [;i r r r f: rr F f E t r"~ i "I i~ i~'l~!:" ~-;. F t i: ~~ "~~ E r:."~. 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"2 ~ IC ~ CD i - '2 ~ QI QI .~ g ~ j E ! e D:: :g- ~ ~ 8 ~ ~ ;; ~ ~ ;:l; ~ 16l APPENDIX II STAFF INVENTORY Knutzen Family Theatre Inventory Part A Sound Inventory Part B Lighting Inventory Part C General Inventory Part A Sound Equipment Inventory Portable Sound Equipment 1 x 25' 1xT 4 x adapters Speakon speaker cables 2 x 25' %" instrument cables 4 x 18' 2 x 21' 2 x 12' 1 x 15' %" patch cables 6x2' RCA audio/video cables 2 x 6' stereo 4 x 6' mono XLR to %" 4 (3',6', 10',15') 9' RCA to %" 6" RCA to XLR Various adapters (%" to mini, %" to RCA, RCA to mini, etc.) Microphones See Stage Services Listing Current Rack and Sound Board See Stage Services Listing See Stage Services Listing Disused Sound Equipment See Stage Services Listing Clear-com intercom system See Stage Services Listing Cabling Microphone stands XLR microphone cables 8 x 100' 8 x 50' 30 x 25' 10 x 10' 7 x 2' %" speaker cables 4 x 100' 6 x25' Speakon to %" speaker cables 6 tabletop stands 3 goosenecks Box of microphone clips See Stage Services Listing Monitors See Stage Services Listing See Stage Services Listing 112 C-c1amps 6 Side-arm clamps 6 Floor-mount bases 4 Lighting Trees Part B Lighting Equipment Inventory 10 Music Stand Lights (Manussen) Part C General Inventory Tools Furniture 1 DeWALT 18v Cordless drill w/ charger, 2 batteries, and case 4 swiveling office chairs w/ wheels 1 DeWALT 18piece drill bit set 2 swiveling bar-height arm-chairs (for followspot operators) 1 DeWALT 28piece drill/driver bit set 3 wooden bar stools 1 RIDGID 5hp Wet/Dry Vac 6 2' diameter bar tables in lobby 1 V-925 Party Fogger w/ juice 2 small rectangular tables in lobby 1 Peasouper dry ice fogger w/ extension hoses and splitter 10 upholstered armchairs in lobby General mismatched hand tools (pliers, channel- lock pliers, Philips screwdrivers, flathead screwdrivers, crescent wrenches, ratchet, socket wrench, utility knives, soldering iron) 2 concession bars in lobby 1 long rectangular table in control booth 1 small rectangular table in control booth 1 rolling tool chest in catwalk alcove 3 long rectangular tables backstage 3 medium toolboxes in lighting room 1 small, wooden rectangular table backstage Video Equipment 1 small, wooden rectangular table in lighting booth 1 Sony vpl-s600u multi-media projector Storage UnitslWork Benches 1 100' vga video cable 1 large black storage cabinet in catwalk alcove 1 vga signal amplifier/splitter 1 large black storage cabinet in a/v room 1 large remotely controlled retractable screen 1 medium black storage cabinet in control booth 1 Panasonic TV - 36" 1 large workbench in a/v room 1 Sony DVD player 1 gel-storage workbench in lighting room Music Equipment 2 gel filing bins in lighting room 15 music stands 2 electric storage bins in lighting room 1 Yamaha baby grand piano w/ bench and cover (black) 2 hardware storage bins in lighting room 1 gobo filing box in lighting room 1 upright piano w/ bench and cover (black) 3 6' shelving units in loading dock Miscellaneous Equipment Tape (spike tape, glow tape, gaff tape, masking tape, duct tape, scotch tape, packing tape, caution tape, flesh tape, console tape) 1 custom cut Marley dance floor in five pieces wI spare Marley roll Gels 4 desktop fans (varying condition) C-clamps 1 20' Little Giant "An ladder Grip clamps 1 6' step ladder Extension cords 2 Costume racks w/hangers Power strips 1 Iron with Ironing Board Plug adapters Janitorial Supplies Light Bulbs/Lamps 2 mops 1 mop bucket wI ringer 54 Phillips 100w Incandescent 44 Sylvania 100w Incandescent 4 Sylvania 150w Incandescent 2 Sylvania 15w Incandescent 31 Sylvania 34w Incandescent 1 Sylvania 25w Incandescent 1 Phillips 25w Incandescent 25 Sylvania Indoor Reflectors 300w/120v 2 Night Light 4w 23 Sylvania 10w Indicator - Clear 2 Sylvania Tubular 40w Inside Incandescent 2 Sylvania Decor Globes 40w 1 Sylvania Decor Globe 7-1/2 w 2 GE 500w Incandescent 1 Phillips 150w Outdoor Flood 89 JDC Halogen Bayonets 150w 19 Ushio BW-120v Halogen 11 Ushio BTN-120v Halogen 11 Ushio FFT-120v Halogen 20 Ushio HPL-115v Ceramic 22 Ushio BVW-120v Halogen 2 Thorn HX-610 Halogen 4 Sylvania 75w/120v Halogen 8 Sylvania 1 Ow/120v Halogen 3 Sylvania Bi-Pin 10w Halogen 18 Sylvania Capsylite Halogen CSP Par 38 4 Sylvania Deluxe T-EIN 26w Compo Fluorescent 6 Sylvania Deluxe DE 26w Compo Fluorescent 27 Sylvania Deluxe S 9v Compo Fluorescent 9 GE 18w Compo Fluorescent 6 Osram Halogen Photo-optic Lamps 2 SL - BA 575w 1 Wiko AV Photo Lamp FXL 410w/82v 2 dust mops 1 large push broom 1 broom 1 dustpan 1 dustpan w/upright handle 1 hand broom w/matching dustpan Large trash bins (5 nice, 3 functional) Small trash bins (6) Miscellaneous Supplies 2 pegboards Painting supplies (rollers, extended handles, brushes, trays, tray liners, paint) Blackwrap Zip-ties Tie-line Stage-pin circuit tester KFT Lighting Equipment Inventory ETC S4 Bases 48 units S4 Barrels (lenses) 190 - 6 260 - 16 360 - 24 500 - 5 Colortran Ellipsoidals (150-350 zoom) 10 units ETC Par Cans 8 units (6 wi wide lens in, 2 wi med lens in) 4 additional lenses (2 med, 1 diffusion, 1 clear) 8" Fresnels (Colortran) 14 units 6" Fresnels (Colortran) 2 units 6" Fresnels (Altman) 3 units 3" Fresnels (Pin Spots) 2 units Strip Lights 8 units Scoops 2 units 112 C-clamps 6 Side-arm clamps 6 Floor-mount bases 4 Lighting Trees 5 mercury-vapor work lights 4 metal scoop work lights 10 Music Stand Lights (Manussen) ETC Express 24/48 DMX Lighting control board American DJ Strobe Light (23-001-0577) KFT Sound Equipment Inventory Microphones 4 VEGA wireless handhelds wi receivers and boxes 4 Shure 57 dynamic mics wi sleeves 4 Shure 58 dynamic mics wi sleeves 3 Sennheiser 865 Condenser mics wi sleeves, clips, boxes 3 Sennheiser 906 Condenser mics wi sleeves, clips, boxes 4 Sennheiser 914 Condenser mics wi sleeves, clips, boxes 2 Crown CM31 Hanging mics wi boxes 1 Crown CM30 Hanging mic wi box 2 Crown PCC 160 Floor mics wi boxes 2 EV wireless lapel mics wi bodypacks 8 Sennheiser wireless handhelds wi clips 8 Sennheiser wireless headsets wi bodypacks 2 Sennheiser wireless lapel mics wi pouches box of microphone clips Cabling XLR microphone cables 8 x 100' 8 x 50' 30 x 25' 10 x 10' 7 x 2' l;4" speaker cables 4 x 100' 6x25' Speakon to l;4" speaker cables 1 x 25' 1 x 7' 4 x adapters Speakon speaker cables 2 x25' l;4" instrument cables 4 x 18' 2 x 21' 2 x 12' 1 x 15' l;4" patch cables 6 x2' RCA audiolvideo cables 2 x 6' stereo 4 x 6' mono XLR to l;4" 4 (3', 6',10',15') 9' RCA to l;4" 6" RCA to XLR Various adapters (l;4" to mini, l;4" to RCA, RCA to mini, etc.) Direct Boxes (5) Current Rack and Sound Board Sound Mate assisted listening system Syrnetrix leveling unit Ashley dual IS-band EQ Yamaha Rev-500 reverb unit power supply EV wireless microphone receivers (2) Sennheiser antenna splitters (2) Sennheiser wireless microphone receivers (8) Furman power conditioner Denon cd decks (2) Denon dual tape deck Presonus pre-amps (2) monitor selector unit Crown amps (3) lobby sound controls Yamaha LS9-32 digital sound board Portable Sound Equipment Large black box Mackie CFX-12 12-channel mixing board Denon cd deck Behringer 31-band EQ power supply Mackie amps (2) Small grey box Furman power conditioner Max500 amps (2) Behringer 31-band EQ Small black box TOA amp T ASCAM cd/tape deck Amplivox battery powered pia podium Behringer Eurorack UB802 mixers (2) Disused Sound Equipment Mackie 24-8 sound board Compression Unit Pre-amp Gating Unit EQ Patch bay Power supply Clear-com intercom system 1 Master control unit (booth) 7 Wall panels wi speakers (dressing room a, dressing room b, rehearsal hall, backstage left, backstage right, booth, box office) 12+ belt pack jacks 1 dual channel belt pack 8 single channel belt packs 9 headsets additional non-functioning headsets Microphone stands 6 tabletop stands 3 goosenecks 15 microphone stands 8 boom adapters 6 AKG boom stands 3 AKG mini boom stands Monitors 2 Ramsa WS-A80 4 EV SXI00 2 Peavey SP-4G various speaker stands APPENDIX III PIANO ASSESSMENTS 13ev-erfyi :J-t~J fJ<eyboardJ 13ettr(y .!J(,iH., ~err:rl 'Pi<<JW TcckucilOt 'PO 13D,x 6223 . 1iriemi'W'2j, 'Wa 98063 (2S3) 946-8860 T~-~W;3-:l&J1lir 28 April 2009 Julianne Briggs Dumas Bay Centre 3200 SW Dash Point Road Federal Way, WA 98023-2399 Dear Julianne, i Here is the information that you requested regarding the two piarlQs owned by the City of Federal Way. These are estimates since the market prices are always fluid. Yamaha C7 Grand. #B2630283 (1978) Ebony High Polish Bench and. Stage Truck Very good condition, case could use touch-up Replace new, $35,790 (MSRP) Replace used, $17-19,000 Kawai CS-40 Upright, #2201703 (1997) Ebony High Polish Bench and Stage Truck Very good condition, case could use touch-up Replace new, $10,350 (MSRP) Replace used, $5-6,000 Best wishes, ~'.~.f2-rr Beverly Kim, RPT . APPENDIX IV MAP OF THEATRE SPACE - ---------_._._--------------~---~---"" ~ Ex" a; <l> Sl LL "0 (/) ~~ <l> U 0:::0 co - co a.. >- ~ .!: (j) :;~~<{ (/) (f) <l> '" -~..cS: U 0 N ~O ~:>.8 co ..Cl ~ ~O:; ~ 0.. ::l tflIlS:_J, (f) 0... O~(/)~~ <l> -- >>E8~"" '- -0 :O:::JNQ)LO +-' <l> OOC'1LLN co '- 0 <l> co .c. .c. I- (f) '" . Q) :; fi 0 0::: Q) c. '" <> ;;:: '" W "0 OJ <i: c: ti :2 f~ '" ':; III u: CD + t C'1 c: d; ~ .c Ql '" :J ':; <l> J2 OJ 0 0'" "S c: "" c: c.. .~ i? E w u: <1l -o~ ~ ;;; . III <l> C< u: 15 Cll ~ '.; g>1~ - ~ w ...J ~ Q) '- -+-oJ col >-,c C ...,D Q) 1O,D U Q) 0 C c(.c.c....J " ~~ l- N (Un. Ql (() C :J 0 0'" en c: .... <1l (U co III E ::J U '~ :::J co 0 > W II) :J rT '-:..-' c: :>. III CD ~ .'1 ~~ r-- CO J.. 0) "--0 eO) 5LL.. I- ~ 0 0 LL ~ (/) l- iI: MX3 08/24/2009 15:23 2538351787 STANFORD #1993 P.002/003 ACORDnI CERTIFICATE OF LIABiliTY INSURANCE I DATI;(IONDDIYYYY) 06/0312009 PRODUCER STANFORD INSURANCE INC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGI-ITS UPON tHE CERTIFICATE 1010 S 336th 5t Suite #110 HOLDER. nus CERTIFICATE DOES NOT AMEND, EXTEND OR ALleR THE COVERAGE AFFORDED BY THE POLICIES BELOW. Federal Way WA 98003 ! , I MAle # INSURERS AFFORDING COVERAGE ," ,~ - IIlSURED Centerstage Theatre Art Conservatory Inc INSURER A: MUTl!.A.L OF ENUMCLAW ..._~,. POBox 3141 INSU~ Bo .- Federal Way WA 98063 ~.~NSURER c: . M..... ...;""'," : INSURER D: .' ,~'.'~. ,... INSURER E: COVERAGES THE POLICIES OF INSURANce LI$T1!!O BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THa ~OLlCY PERIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AtN CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DI:$CRIBED HEREIN IS SU8JECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICies, AGGR.EGATE LIMITS SHOWN MAY HAVE SeeN R.EDUCED BYPAlD CLAIMS. I~ =~ _r....*"'.......... ,;?..tm=Jg~E "gUCY EXPIRAlIQN I !'QUC't NUU8EFl l.lMIT$ ~NERAI. UAfIIUTY EACH OCCURRENCE S 1.000,000 X COMMERClALGIONl;RAlUA8IUTY ~~~s /Ea Da1JI'tlI1CeI $ 300,000 A I CLAIMS MADE 00 OCCUR MED EXP (Any one petSOll) $ 10.000 NC60083 06/03/2009 06/03/2010 PERSONAl. & AOV INJURY $ 1 000 000 ...- ...,.',......mM_ ~L~~ReGATE $ 2000 000 I ~'LAGGREnElIMrrAPnPE~; PRODUCTS -COMP/OP~_ $ 2 000 000 I POLICY p'~g: LOC I ~QlloaUUA8lUTY COMBINED SINGLE UMIT S 1,000,000 ARY AlJTO (Ea aea<lent) r- r- AU. OWNEDAlITOS BOOlL Y INJURY (Poltpenoo) $ A SCHEDUlBl Al1TOS 7 NC60083 06/03/2009 06103/2010 .--' ...- 7 HIREDAUTO$ I BQD1LYINJ~Y (Pc:r accident) $ NOIIl.QWNED AUTOS PROPERTY DAMAGE $ (Per aoc:idenQ ~EUABIUTY IWTO ONl. Y - EAACCIDENT $ ~Y AUTO OlltERTI-IAN EAACC $ , AUTO ONLY: AGG $ OESSIIJUBREI.LA I.IABlUTY EACH OCCURRENCE $ OCCUR 0 CLAIMSMAOE AGGRE.<JA TE S I S . R OeouC'nBLE $ RET1;rmON $ $ wOAJ(EllSCOUPEHSA11ON AND ... J.1~03mN" I x 10J.'t EMPLOYERS'LIA8IIJ1Y 1.000000 A AN'( PROPRlETORIPAR'll'lERlEXEClJT"M: NC60083 06/03/2009 06/03/2010 E.L. EACH ACCIDENT S OFF1CER/IIIEM8ER EXClUDED? E.L DISEASE - EA EMPLOYEE $ 1.000000 ~~~~~NS~ E.L DlSEASE-POUCYUMIT S 1 nnn nnn OlMER DESCRIPTlOH OFOPERATIOHS / L0CA11ONS/VEHlCLES/ EXCl.USIONS ADOIOD SY ENtlO~ENT , SPECIAL PROVISIONS CERTFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS TO INSURED'S OPERATIONS IN RELATION TO USE & MAINTENANCE OF PREMISES LOCATED AT 3200 SW DASH PT RD, FEDERAL WAY,WA. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF lHC' ASClVl! DaSCRIBED POUCIES BE CANCELLED BEfORE THE EXPlRA110N CITY OF FEDERAL WAY DAl10 TUEREOF, THE ISSUING INSURER WIll. ENDEAVOR TO MAIL 20 DAn ~ ATTN: TONIA PROCTOR NOTICE TO THE CER11FICATE HOLDER NAMIOO TO THE LEFT. SUT fAlI.URE 10 DO $Q Sf.IAU. IMPOSE NO O~7 N OA LIA8lLITY Of' 71 UPON THE INSURER. rrs AGafTS OR POBOX 9718 REPReSENTAll . /J FEDERAL WAY,WA. 98063 AUTHOPJZEDitt~~.,f J' ~LO<-- I ACORD 2S (2001/08) @ACORDCORPORATION1988 08/24/2009 15:23 2538351787 STANFORD #1993 P.003/003 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SU8ROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this oertificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer{s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) License Detail Page 1 of 1 License Detail Help us improve this online service License Information: Entity Name: Firm Name: License Type: J;nIDy~ UBI: Status CENTERSTAGE THEATRE ARTS CONSERVATORY CENTERSTAGE THEATRE ARTS CONSERVATORY INC Washington State Business Nonprofit Corporation 601241125 Business 10:001 Location 10:0001 To check the status of this company, go to Secretary of State.. Location Address: 1710 S 341ST PL STE B-1 FEDERAL WAY, WA, 98063 Mailing Address: PO BOX 3141 FEDERAL WAY, WA, 98063- 3141 Governing People: ROGER WOOD Information Current as of 06/30/2009 4:27AM Pacific Time New Search I This site is limited to searching for business and professional licenses issued by the Department of Licensing or through the Master License Service. You may wish to click on OTHER LICENSES to check for information on licenses issued by other agencies. Department of Licensing Home Privacy Policy Other Licenses Contact Us Use of lists of individuals provided on this site for commercial purposes is prohibited under Chapter 42.56 of the Revised Code of Washington. https:llfortress.wa.gov/dolldolprod/bpdLicenseQuery Ilq sLicenseDetail.aspx?SessID= 3482... 6/3012009