history and current status report - city of bowie

History andCurrent Status Report

The Bowie Center for the Performing Arts

...is intended to be utilized as an instructional and civic facility for the Performing Arts and to be available for multiple activities, including but not limited to: music, dance, theater, drama, creative arts therapy, stage crafts, lectures, films, meetings, workshops, and concerts. The Bowie Center for the Performing Arts is open for appropriate use by all persons, regardless of race, color, disability, religion, gender, sexual orientation, or national origin.

...So all may enjoy

The Center is a public / private partnership operated under a memorandum of understanding (the “Joint Use Agreement”) between Prince George’s County Public Schools, the Maryland-National Capital Park and Planning Commission, the City of Bowie, and the Bowie Regional Arts Vision Association, incorporated.

History of the BCPA

1965 Bowie High School Constructed. 1976 Auditorium added to the CIP but not funded. 1995 Partnership established. 2006 Governance Board formed. 2006 BRAVA began running “test” events. 2007 F/T Staff hires and regular operations began. 2008 Ownership of the facility transferred to PGCPS.

Center Governance and Operations

The Center operates under provisions of The Joint Use Agreement For The Bowie Center For The Performing Arts (revision 27)

The JUA establishes a Governance Board for the Facility consisting of membership from each of the partner organizations.

Day to day operations are handled by an Executive Director and Center staff members.

Priority this year: strategic plan.

Center Fiscal Policies

Center Finances are handled through PGCPS. The Annual Operating Budget for the Center is

$480,000.– $400,000 (PGCPS)– $80,000 (City of Bowie, invoiced by PGCPS)

Expenses over $480,000 must be paid for by event income.

Event income in excess of expenses is deposited for use as building and theatre systems come up for repair or replacement. (Recapitalization Account.)

FY14 Center Finances

Center operating costs for FY14 ran to about $570,000.

Center income deposited for FY14 totaled $89,965.

Deposit to the Recapitalization Account: $2,257 Priority this year: fee analysis.

Center Staffing

The Center employs between forty-five and sixty people.– Two full-time– Two “regular” part-time positions (with benefits)– The balance (currently 45) are in “temporary” p/t

positions. Priorities this year

Establishment of two to three more regular part-time positions in lieu of temps.

Planning for salary increases in keeping with County policies that will see the minimum wage rising to $10.18 by 2018.

Events

In FY2014, BCPA hosted more than 44,000 people in about 250 concerts, plays, ballets, meetings, play readings, art displays, rehearsals, rehearsals, and other events

The Center currently sponsors a Military Band Series, Local Artists’ Series, Play Reading Series, and Children’s Series.

The Board has also approved a pilot residency for Bowie’s Restoration Stage.

Priority this year: codification of residency policies.

The Partnership

Status: The partnership with the City continues to grow, with both partners actively contributing to the performing arts and the economy of Bowie.

2014 Events (Calendar Year Scheduling)

Ballet Theatre of Maryland*, Pirates of the Chesapeake Bay, Feb.8, 1 day.

Ballet Theatre of Maryland*, Edges, Apr. 26, 1 day. Bowie Senior Chorale, May 21, 1 day. St. Stephan’s Orchestra, July 10, 1 day. Frontline: Women of a Forgotten War, ballet, Oct. 3 & 4, 3 days. Blackbyrds, Nov. 11, 1 day Ballet Theatre of MD, Nutcracker, Dec. 4-7 (tent), 3 days. Bowie Senior Chorale, Dec 19, 1 day. Maryland Community Band, Dec. 13, 1 day.

*3 days in the facility. In partnership with BTM and BCPA.

2015 Events(10 Events Currently Scheduled)

Maryland Community Band, Apr. 12, 1 day. My Little World, Feb. 10, 1 day. Veterans Art festival, April 26, 1 day. Celebration of Nature, Apr. 18, 1 day. Bowie Senior Chorale, May 20, 1 day. Bowie Senior Chorale, Dec. 18, 1 day. Ballet Theatre of Maryland fall residency, TBD, 1 day. Ballet Theatre of MD, Nutcracker, dates TBD, 3 days.

Bowie Center for the Performing Arts 2014 Annual Report

Gerald D. George, PhD

Executive Director

2 BCPA Annual Report – FY2014


Introduction

Center Mission and Staff Priorities …So That All May Enjoy The Bowie Center for the Performing Arts is intended to be utilized as an instructional and civic facility for the Performing Arts and to be available for multiple activities, including but not limited to: music, dance, theater, drama, creative arts therapy, stage crafts, lectures, films, meetings, workshops, and concerts. The BCPA is open for appropriate use by all persons, regardless of race, color, disability, religion, gender, sexual orientation, or national origin. BCPA Center staff members have as their primary mission the completion of scheduled events with the following priorities:

• At all times, Center staff and volunteers will carry as their first priority the safety of all patrons and staff.

• At all times, Center staff and volunteers will carry as their second priority the protection of Center and Event-owned property.

Center History and Operations In 1995, in response to an overwhelming need by Bowie High School and the community for an arts-based performance space, a volunteer organization was formed representing all parties interested in the construction of such a facility. An auditorium for Bowie High School had been on the CIP for over 30 years but not funded through the Board, due in part to Maryland State Department of Education restrictions on State funding for the building of additions or auditoriums. The Bowie Regional Arts Vision Association, Inc. (BRAVA) was authorized by the Board of Education of Prince George’s County (Board) in 1996 to construct what became the Bowie Center for the Performing Arts (Center). The Center was constructed using no Board of Education funds. Figures from BRAVA indicate that funding was provided as follows:

BCPA Construction Funding Sources Source Amount State of Maryland $5,250,000.00 M-NCPPC $3,520,000.00 County $1,026,000.00 City $3,350,000.00 Private $952,000.00 Federal $543,000.00 Total $14,641,000.00

Figure 1. BCPA Funding Sources


The Center is operated under the provisions the Joint Use Agreement for the Bowie Center for the Performing Arts (JUA), revision 27, dated 4/10/2006. The JUA is an agreement between Board, the Maryland-National Capital Park and Planning Commission (Commission), the City of Bowie (City), and BRAVA that provides operational guidelines for the facility and applies to:

the use of the Facility constructed at the Site by the Association [BRAVA] with financial assistance from the City, the Commission, the County, the State, private donors and the federal government… [and]… to the management of the Facility to be operated with financial assistance from the City and the Board… (1.1)

The JUA is structured in such a way that, in return for the facility and a large percentage of the use, PGCPS provides eighty-three percent of the operating funds. According to BRAVA documentation, the Board’s annual contribution of $400,000 was agreed to by the Board as it was the estimated funding support provided to other high school auditoriums based upon calculations from the offices of Dr. David Lever and Mr. Don Lee, at that time both from what is now PGCPS Supporting Services. The JUA was executed by then Superintendent of Schools, Dr. John Deasy on 6/2/2006 and full time Center Staff consisting of an Executive Director (Dr. Gerald George) and a Technical Director (Mr. Randal Whitcomb) were hired in February, 2007. An additional memorandum of understanding transferring ownership of the facility and contents to PGCPS was executed by Dr. Deasy on 11/10/08. Due to the nature of its operation and funding, the Center is unique in Prince George’s County. The JUA is intended to ensure that the, “citizens of Bowie and the community-at-large would benefit from [the] facility.” This is in addition to providing support for, “the educational needs of every Bowie-area K-12 student, including enhancing their arts education and performance opportunities,” (BRAVA, Letter to Dr. Beatrice Tignor, 4/22/2004). In 2014 BCPA continued to support the Joint Use Agreement partners, while at the same time expanding Center series production and partnerships with locally-based arts organizations. Not including Bowie High School assemblies, the Center hosted almost 270 performances, readings, rehearsals, and meetings with almost 45,000 people in attendance or directly involved. As of June 30, 2014, members of the Governance Board are:

PGCPS Ms. Darlene Houze, Budget Analyst Maryland-National Capital Park and Planning Commission Ms. Darlene Watkins, Acting Division Chief, Arts and Cultural Heritage Division (Ms. Kirsten Hein, Arts Coordinator, alternate) City of Bowie Ms. Annette Esterheld, Community Outreach Specialist (Arts & Education) (Dr. Garrett Hyde, Technical Director, Bowie Playhouse, alternate) Bowie Regional Arts Vision Association Ms. Kelly Pierce, Chair, Bowie Center for the Performing Arts Governance Board


In 2014, the Governance Board met during the first and third quarter, and conducted a work-session in May. The Board approved a motion requested by the Center formally establishing the Military Band Series, Local Artists’ Series, Play Reading Series, and the Children’s Series. The Board also approved a pilot residency for Bowie’s Restoration Stage. Discussions of the appropriate foci for Center operations for the period FY-2016 through FY-2020 began and will form the basis of Board plans to establish a five-year plan for that period that includes the establishment of policies for sponsorships, residencies, and other Center-supported activities.

Staffing The Center employs about sixty people in two full-time, two part-time postions with benefits, and the balance in “temporary” (on-call) part-time positions. Current staffing, fifty, and open positions are detailed in figure 1. The actual number of staff members varies depending upon how many temporary positions are filled at any given time. All Center staff received a pay increase this year and, in fact, the Center pays all positions at better than minimum wage with the temporary part-time wage ranging from $7.40 to $22.44. As priorities this year the Center plans to work with PGCPS to establish two to three more regular part-time positions in lieu of several of the temporary Technician IV positions. Additionally, the Center intends to plan for salary increases in keeping with Prince George’s County policies that will see the minimum wage rising to $10.18 by 2018. The Center intends to examine all of the temporary wage rates although it appears that only the Front-of-House and Tech I rates may be affected. There were two staffing changes of note this year. Long-time House Manager Jessica Seaman-Madden resigned and has moved to Alaska. The Center has hired Custodian Elliot Sampson into the position that has largely been vacant since the departure of David Powell.


Figure 2. Table of Organization


Fiscal Year 2014 Center Usage Data In Fiscal Year 2014, the Center continued to host events running the gamut from simple meetings, to rehearsals, dance recitals of various sizes, full blown musicals, and concerts. Business hours remain from 9AM to 7PM, Monday through Friday. Production requirements occasionally preempt these hours as Center policy places the priority for resources with the events in general, and with the event on stage specifically. Additionally, events continue to be scheduled independently of the core hours and can occur seven days a week. The facility was open for or for one, or more, events or rehearsals on 252 days this year, and for maintenance calls, or administrative duties only during the core business hours on an additional 85. The Center was closed for only 68 days. The Center hosted about 267 events or rehearsals in FY14, with about 40 instances of multiple happenings on a given day. Approximately eighty percent of Center usage came from our JUA Partners and twenty percent by non-partners. Over fifty percent of Center use is through PGCPS, with the large majority of that time used by Bowie High School. Center series and collaborations accounted for slightly over 22% of FY14 use. With the approval of the Governance Board, the Center has formalized several series and types of partnerships. These include Joint Use (JUA) Partners, Center Series, Producing Partnerships, and Residencies. The JUA parters are defined in the Joint Use Agreement for the facility and specify that the M-NCPPC and City of Bowie each get fourteen days of free use, with the value of each day capped by the Governance Board at $2,500 or, per the JUA with an aggregate value not exceeding $21,000 per year. The Center series include performances sponsored by the Center by Military bands, local artists, children’s performers, and a play reading series. Producing Partnerships are currently limited to the Ballet Theatre of Maryland, and the Prince George’s Philharmonic. Producing partners receive credits for rehearsal time and equipment, but pay rent for performances. Resident companies receive credit for rehearsal time and performances, the idea being that after a one or two year residency, a company will become a producing partner.

City Dates for 2014 (Calendar Year, 13 days) • Ballet Theatre of Maryland*, Pirates of the Chesapeake Bay, Feb. 8, 1 day. • Ballet Theatre of Maryland*, Edges, Apr. 26, 1 day. • Bowie Senior Chorale, May 21, 1 day. • St. Stephan’s Orchestra, July 10, 1 day. • Frontline: Women of a Forgotten War, ballet, Oct. 3 & 4, 3 days. • Blackbyrds, Nov. 11, 1 day • Ballet Theatre of MD, Nutcracker, Dec. 4-7 (tent), 3 days. • Bowie Senior Chorale, Dec 19, 1 day. • Maryland Community Band, Dec. 13, 1 day.

*3 days in the facility. In partnership with BTM and BCPA.


City Dates for 2015 (10 Events Currently Scheduled) • Maryland Community Band, Apr. 12, 1 day. • My Little World, Feb. 10, 1 day. • Veterans Art festival, April 26, 1 day. • Celebration of Nature, Apr. 18, 1 day. • Bowie Senior Chorale, May 20, 1 day. • Bowie Senior Chorale, Dec. 18, 1 day. • Ballet Theatre of Maryland fall residency, TBD, 1 day. • Ballet Theatre of MD, Nutcracker, dates TBD, 3 days.M-NCPPC Dates for FY-2014

M-NCPPC Dates for 2015 (Calendar Year, 14 days)

• Senior Shining Stars, September 26 and 27 (1) • Step Show, January 28 (1) • Seniors on Stage, January 15 and 16 (1) • Shakespeare Camp, (9) • Expressions 2014, July 12 (1)

Military Band Series (Fiscal Year) • USNA Band, February 17 • US Navy Concert Band, March 23 • United State Marine Band, April 17 • US Army Orchestra, June 22 • US Navy Concert Band, September 20 • US Air Force Orchestra, September 25 • US Army Strings, November 22

Play Reading Series (Fiscal Year)

• Restoration Stage—Chocolate Covered Ants • Jim Wise—Caterpillar Club

Children’s Series (Fiscal Year)

• Beale Street Puppets, November 22, 2013 • Kidsinger Jim, April 17, 2014

Local Artist’s Series (Fiscal Year)

• Facepaint Lady Live, November 22, 2013 • Colonial Handbells, December, 2013 • Janna Ryon, April 14, 2014

Other Partnerships

• Restoration Stage (Residency) • World Artists’ Experience (one-off) • 2014 Celebration of the Arts (one-off) • Prince George’s Philharmonic (Producing Partner) • Ballet Theatre of MD (Producing Partner)


Center Financial Status

Figure 3--FY-14 Balance Sheet (as of 6/30/2014)

FY-14 Balance Sheet (as of 6/30/2014) Income

PGCPS $400,000.00 City of Bowie $80,000.00 Event Income Deposited $ 89,965.25

Total Income $569,965 Expenses

Staffing $484,227 Building $40,934 Equipment $8,578 Supplies $27,985 Advertising and Publicity $1,903 Other $4,081 Estimated rollover to 3079 fund FY2015 $2,257

Total Expenses $569,965

Center Financial Operations The Center operates using PGCPS business services. That is to say that all purchasing is accomplished through their Purchasing Office, and all income is deposited with the Cash Management office, and budgetary services through two different departments in the Budget Office. The Center is subject to all PGCPS procedures and policies. The Annual Operating Budget for the Center is $480,000 of which $400,000 is provided by PGCPS, and $80,000 by the City of Bowie, through PGCPS. These funds are administered as Fund 9715 through the PGCPS Budget Office. The Joint Use Agreement specifies that these amounts are the limit of partner responsibility, and that all expenses over $480,000 must be paid for through Center income. The JUA does not provide a methodology for paying those expenses; nor is there a means to replace infrastructure or repair or update facility and theatre systems. To address that, the Center deposits all event income in excess of expenses to an account operated through the PGCPS Grants Office. That account is referred to as the Recapitalization (“Recap”) Account or “Fund 3079.” Unlike funds from the operating budget, monies in the 3079 fund roll over from year to year.

Center Operations (Fund 9715) Center operating costs this year ran to between $565,000 and $570,000. Total event income deposited with PGCPS is $101,980. This figure includes two payments totaling 16,997.50, deposited in July, 2013, that were income from FY13, and a $12,014.75 deposit made in July, 2014. Center HVAC service and maintenance ran about $10,000 above FY13.


Recap / Deposit Account (Fund 3079) Center staff continues to try to work with PGCPS regarding the status and balance of the deposit monies located in fund 3079. Center records indicate that as of this writing, deposits with PGCPS1 total $396,241.19. Since 2009, there have been monies expended from the 3079 fund for the wireless microphone system upgrade, and the lighting system update, and these will need to be reconciled with the fund. Additionally, this year Center staff is making a more concerted effort to ensure that, per the JUA, expenses over the budgeted $480,000 be reallocated from the PGCPS operating budget (9715 fund) to the 3079 fund. To this end Center staff has requested of the PGCPS Grants Office that they update the 3079 fund account to ensure that all of the deposits have been included, and that all of the funds are rolled to FY-2105. The Center has also requested that several lines be created in 3079 to allow access after the funds from 9715 have been expended and to allow reconciliation for FY-2104.

Figure 4--Aggregate Deposits FY09-Present

DATE OF DEPOSIT AMOUNT SUBTOTAL

FY2009

3/15/2009 $ 2,724.50

4/7/2009 $ 1,464.00 $ 4,188.50

FY2010

10/14/2009 $ 5,861.50 11/6/2009 $ 8,330.34 12/4/2009 $ 3,368.00

10/14/2009 $ 5,861.50 11/6/2009 $ 8,330.34 12/4/2009 $ 3,368.00 1/15/2010 $ 1,537.95

3/8/2010 $ 4,158.50 3/29/2010 $ 4,553.00 5/25/2010 $ 4,431.50

6/9/2010 $ 535.50 6/16/2010 $ 3,674.00

$ 54,010.13

1Center deposits prior to March, 2009 were made with BRAVA.


FY2011

7/29/2010 $ 14,813.95 8/26/2010 $ 3,174.00 9/30/2010 $ 3,837.95

10/26/2010 $ 11,662.50 11/4/2010 $ 1,000.00

11/19/2010 $ 1,300.00 12/2/2010 $ 2,195.00 1/19/2011 $ 3,600.00

3/2/2011 $ 3,067.00 4/29/2011 $ 10,644.13

5/5/2011 $ 8,928.75 5/16/2012 $ 500.00 5/19/2011 $ 4,000.00 5/26/2011 $ 5,062.00

6/2/2011 $ 1,412.50 6/28/2011 $ 16,841.87

$ 92,039.65 FY2012

7/21/2011 $ 2,763.13 8/24/2011 $ 4,852.70 10/3/2011 $ 600.00

10/27/2011 $ 5,000.00 12/5/2012 $ 2,172.50

12/13/2011 $ 2,730.00 12/15/2011 $ 3,577.50

2/27/2012 $ 1,025.00 4/5/2012 $ 6,097.50 5/4/2012 $ 3,248.33

5/23/2012 $ 11,881.25 6/1/2012 $ 15,971.25

6/18/2012 $ 3,076.00 $ 62,995.16


FY2013

9/25/2012 $ 10,736.25 12/12/2012 $ 4,427.50

2/22/2013 $ 9,430.00 2/22/2013 $ 2,022.50

5/7/2013 $ 11,260.00 5/7/2013 $ 11,542.50 6/5/2013 $ 13,611.50

6/27/2013 $ 15,997.50 6/28/2013 $ 2,000.00

$ 81,027.75 FY2014

7/1/2013 $ 14,997.50 7/1/2013 $ 2,000.00

10/22/2013 $ 13,987.50 1/6/2014 $ 10,408.50 1/8/2014 $ 12,106.00

4/23/2014 $ 14,462.00 5/7/2014 $ 1,858.75

5/28/2014 $ 20,145.00 $ 89,965.25

FY2015

7/31/2014 $ 12,014.75

$ 12,014.75

Grand Total $ 396,241.19


Physical Plant

Theatre Systems In June, 2014, during the Starmakers dance recital, the Center took what staff members speculate was a direct lightning strike. Immediate damage was apparent in that the Main Hall Unison (architectural lighting) system ceased to function. Quick thinking by Center staff (Kerry Brandon, David Kreibs, and Dion Proctor) restored the systems to minimal function and the show was completed. The system is currently operational in the Main Hall however the repairs necessitated cannibalization of the Recital Hall system. Restoration of the system to full function is a priority for the first quarter of FY2015. The Center lighting consoles are all functional although each requires minor repairs which will be accomplished on an individual bases. The Sound system is functioning properly and Center staff continues with the process of replacing the Main Hall console. The rigging systems are functioning normally, and Center staff is in the process of scheduling a rigging inspection. It has been three years since the last and the Center intends to return to annual inspections when a suitable contractor has been located.

Interior The interior of the facility continues in good condition. The lobby carpet continues to wear, and replacement is becoming a priority. The Center has looked at options. Repairs of the seams had been proposed to a carpet contractor, and the job was deemed possible but unwarrantable. Discussions with local contractors indicate that other alternatives are extremely limited, and would not be recommended either. Staff is undecided on how to proceed. Replacement is estimated at $21,000 +/- 10% and Center staff is looking at options for replacement, including non-carpet based flooring. Center staff is looking at painting the interior of the back hallway and the knee walls in the Main Hall during FY2015. Exterior

• The Center replaced two outdoor trash receptacles outside at a cost of about $900. • The exterior metalwork is in the process of being painted, with Center staff doing the work.

Center staff has also begun pressure washing the exterior especially where run-off has been accumulating for the past 8 years.

• Water damage to soffits located on exterior exit overhangs will be repaired in FY15. • A continuing problem is the grade of the courtyard, which causes water to pool outside the

backstage hallway / courtyard exit during heavy rains and when the snow melts. The Center is working to resolve the issue with PGCPS. Additionally, Center staff is replacing the door seals and the sweep on that door in an attempt to mitigate leakage that may be occurring during very heavy rains.

• Continued weather damage to the concrete and masonry has been examined by a mason who notes that the damage is generally cosmetic in nature, will require the services of a concrete


contractor to repair, and that such repairs will not last for an extended period of time. The Center is waiting for a reference on a concrete contractor and will follow up during the first quarter of FY-2015.

• Center staff has noted some additional cracking in the masonry (as opposed to the concrete work, and intends to have the mason back to quote repointing and any other necessary repair work to be completed before winter.

IT and Phone Systems • IT and phone systems remain functional although due to a cable issue, there was an intermittent

problem with the fiber connection into the Center. Center staff isolated the issue and it appears to have abated.

• PGCPS replaced the building Ethernet switch and it is now fully compatible with PGCPS network infrastructure. The switch was replaced due to some intermittent looping that was occurring but would have been necessary in any case to support the Telephone Systems change-over. (See below.)

• PGCPS phone systems are being switched to Voice over Internet Protocal (VoIP) and the Center is in the process of switching now, with the main line having been moved. When the transition is completed, the system will look similar from the outside but will involve new handsets and a new control system. BCPA will lose the direct dial numbers for the Executive Director and Technical Director’s offices, however, this will not impact operations, as those numbers will be forwarded to the main number. PGCPS will maintain the analogue lines with Verizon for the elevator, the utilities and the fax machine.

• The Computer in the Executive Directors’ office failed at about the same time as the Architectural Lighting system and Center staff speculates that it took a surge at the same time. The system was about ten years old and scheduled for replacement in FY2105 in any case.

• The Center did not replace any desktop computers in FY 2014 but has ordered two in 2015 with a cost on the order of $1,300. One will replace the building file server and one the Executive Director’s. The current file-server will be re-imaged and moved to the House Managers’ / Security office.

• Ongoing issues with Center access to the security cameras are being investigated. PGCPS security personnel have been unable to locate an issue upstream of the Center. There are no apparent issues with the network. Center staff has suggested that the front-of-house computer is causing the issue and trouble-shooting is on hold pending the replacement of that unit.

• The Center purchased an additional laser printer for the Technical Director’s office at the cost of about $450.

• The Center replaced all Ethernet switches in the lighting and audio networks at a cost of about $250, and does not anticipate any additional expenses in those networks in FY 2015.

• The Center will replace the existing leased copier during FY 2015. Cost is unknown and options will be explored starting in July. Continuing issues with the Ricoh lease make it unlikely that the Center will continue with them despite the PGCPS contract.

Software

• The Center has begun to explore potential replacements for the FASTBook scheduling software.


• Center backups continue to be maintained on-site. Staff is working to de-centrallize the backups and moving them off-site.

• The Center updated Adobe Creative Suite software at a cost of about $3,300.00

HVAC Systems Center HVAC system costs are up by about $10,000 over FY2013. HVAC systems are currently functioning normally with the exception of RTU 2 (Recital Hall). Quarterly preventative maintenance was performed by Shapiro and Duncan. Minor issues were quickly repaired with events and patrons being largely unaffected. Issues out of the norm included:

RTU #2 Cooling Issues Originally reported last year, the issues with the RTU #2 cooling systems were resolved and the unit converted to R-422b. Issues with the conversion were resolved in July and August, 2013, however multiple other issues affected that unit this year. As a result of the surge, in fact, the unit required a service call to replace several fuses. At the direction of PGCPS Purchasing, the Center is in the process of obtaining bids for PMs (due next in September or October) and service calls and may switch contractors.

Other Issues • The wall unit in the balcony dimmer room required a fan assembly replacement. • In November, the heater coil in the backstage hallway wall unit by the entrance shorted out in a

rather spectacular manner, apparently due to a piece of user equipment being placed against it and blocking the airflow.

• The igniter assembly in RTU #5 (Backstage hallway and Green rooms) required replacement in early January.

The Center has been directed to assemble a bid for the HVAC preventative maintenance and service calls for the FY 2015. Plumbing All plumbing systems are currently running well and there have been no major issues this year. An issue with the building backflow valve led to the discovery that it was not being inspected annually as required by code. The PGCPS Plumbing shop repaired it and will inspect it as required. The Center will coordinate the inspections as necessary. The PGCPS Plumbing shop also responded to a running toilet in a backstage rest-room. BCPA staff attempted to shut the water off to the toilet but loosened a fitting instead and caused a flood backstage. Quick thinking allowed Custodian Elliot Sampson to shut the water off at the main long enough to reassemble the fitting. BHS staff pitched in with BCPA staff and the event on stage was not affected.


Project Status

Box Office The Box Office project continues to move at a glacial pace. The Center assumed responsibility for the project and the memorandum of understanding between the Center, PGCPS, and BRAVA was signed in May, 2013, however little additional progress has been made since. BRAVA remains ready to fund the project and as of the fourth quarter of FY2014, the project has once again been sent to a contractor. The Center is awaiting a site visit. The Center will explore options for ticketing software and hardware as well as other necessary equipment once the schedule for that project has firmed up.

Audio Console As of July, the Center was advised that a brand-specific bid is not going to be permitted, and is proceeding 'to write the invitation to bid for review by the PGCPS Purchasing department.


Appendix • Joint Use Agreement • MOI Transferring the Facility • Brava Materials


JOINT USE AGREEMENT FOR THE BOWIE CENTER FOR THE PERFORMING ARTS

THIS AGREEMENT is made this 19th day of April 2006, by and between the Maryland-National Capital Park and Planning Commission (the "Commission"), the City of Bowie, a municipal corporation of the State of Maryland (the "City"), the Board of Education of Prince George's County (the "Board") and the Bowie Regional Arts Vision Association Inc. (the "Association" or "BRAVA") (hereinafter collectively referred to as the "Parties"). WHEREAS, the Association is a non-profit 501(C)(3) corporation that was formed in response to the community's request for the creation of a Bowie civic facility for the performing arts known as the Bowie Center for the Performing Arts ("Facility") for use by the school system and the greater Bowie community; and WHEREAS, the State of Maryland ("State"), Prince George's County ("County"), federal government, the Commission, the City, and the Association have committed funds toward the construction of the Facility; and WHEREAS, the Board owns certain property located within the City of Bowie in Prince George's County, Maryland, in trust for the benefit of the school system, known as the Bowie High School; and WHEREAS, it was mutually desired by the Parties to this Agreement that a portion of the Bowie High School site located at 15200 Annapolis Road, Bowie, Maryland (the "Site") be utilized for the express purpose of establishing the Facility for the use of the Prince George's County school system, the Parties hereto and the greater Bowie community; and WHEREAS, the Parties hereto desire to enter into this Agreement for the purpose of creating standards governing the maintenance, operation and use of the Facility. NOW, THEREFORE, for and in consideration of the mutual covenants and premises herein it is agreed by and among the Parties hereto as follows:

ARTICLE 1. SCOPE OF AGREEMENT

1.1 This Agreement shall apply: (A) to the use of the Facility constructed at the Site by the Association with financial assistance from the City, the Commission, the County, the State, private donors and the federal government in the manner specified in Exhibit A, and (B) to the management of the Facility to be operated with financial assistance from the City and the Board in the manner specified in Exhibit A

ARTICLE 2. PERIOD OF AGREEMENT

2.1 This Agreement shall be for an initial term of thirty (30) years from the date it is executed by the parties, with two thirty year automatic renewal terms (“Renewal Term”) unless one of the parties provides an eighteen month notice of an intent not to renew the Agreement. A notice received from any of the parties regarding an intent not participate in the Renewal Terms shall be deemed a withdrawal in accordance with Section 13, with all the rights and remedies contained therein.

ARTICLE 3. DEFINITIONS 3.1 Except as otherwise clearly indicated by the context, the following words, terms, and phrases shall have the following meanings:

(A) “Board Representatives” shall mean the two (2) persons designated by the Board to represent its interests in matters relating to the Facility. (B) “Commission Representative” shall mean the person designated by the Commission to represent its interests in matters relating to the Facility. (C) “Association Representative” shall mean the person designated by the Association to represent its interests in matters related to the Facility. (D) “City Representative” shall mean the person designated by the City to represent its interests in matters related to the Facility. (E) “Facility” shall mean a civic facility for the performing arts for use by the Parties hereto and the greater Bowie community. The Facility shall be comprised of those buildings and/or structures as shown on the Site Plans/Floor Plans (the “Plans”) forming a part of the Schedule attached to this Agreement as Exhibit B.


(F) “Shared-Use Space” shall mean those common areas available for use by all Parties based upon a mutually agreed schedule in accordance with this Agreement and the policies established by the Governance Board. The Executive Director manages and controls Shared-Use Space in accordance with the policies of the Governance Board. (G) “Executive Director” shall be an employee of the Prince George’s County Board of Education, selected and approved by the Governance Board, to manage the Facility and who shall perform various tasks assigned by the Governance Board, such as screening applicants for use, coordinating schedules, promoting the Facility, and preparing the annual report and proposing pricing to the Governance Board. The Executive Director’s salary shall be established solely by the Board, and he/she shall be paid said salary, and fringe benefits, as a Board employee, out of the Annual Operating Funds for the Facility. (H) “Governance Board” shall mean the body comprised of representatives defined herein responsible for establishing overall general policies for operation of the Facility. (I) “Controlled-Use Space” shall mean those areas indicated on the Plans for use by the Facility for maintenance and normal Facility operations which are not normally available for public or scheduled use. The Executive Director manages and controls Controlled-Use Space in accordance with policies set by the Governance Board. Nothing in this provision shall prevent appropriate Board personnel from gaining access to any area of the Facility at any time.

ARTICLE 4. GOVERNANCE BOARD

4.1 The Governance Board shall consist of five (5) members and include the Board Representatives, the Commission Representative, the Association Representative and the City Representative. The Governance Board shall meet at least quarterly for the purpose of establishing overall general policies for operation of the Facility, and shall be responsible for taking those actions required of it pursuant to this Agreement. Further, the Governance Board shall not take any actions that are contrary to the terms and conditions of this Agreement. 4.2 The initial meeting of the Governance Board shall occur within forty-five (45) days after the execution of this Agreement by all parties. 4.3 The Governance Board meetings shall achieve a quorum when the Commission Representative, the City Representative, the Association Representative, and at least one of the two Board Representatives are present. The Governance Board shall establish meeting rules and procedures by unanimous consent. The Governance Board may elect to allow majority consent for some items under their jurisdiction. 4.4 The Bowie High School Principal and the Executive Director shall attend all Governance Board meetings as non-voting members.

ARTICLE 5. USE OF THE FACILITY

5.1 General. The Parties acknowledge that the Facility is designed to be utilized as an instructional and civic facility for the Performing Arts and shall be available for multiple activities, including but not limited to: music, dance, theater, drama, creative arts therapy, stage crafts, lectures, films, meetings, workshops, and concerts. 5.2 Use of the Facility by any party must be in a manner compatible with the policies established by the Governance Board. In addition, use of the Facility by or organizations sponsored by the Prince Georges County Public Schools shall be in accordance with the policies and procedures of the Prince Georges County Public Schools. 5.3 The Facility shall be open to entry and use by all persons, regardless of race, color, disability, religion, gender, sexual orientation, or national origin, and shall be operated in compliance with the terms and intent of all Federal, State and local laws, ordinances and regulations. 5.4 Public Use. The Parties hereto agree that the Facility shall be open for public use at all reasonable hours and times of the year, except as otherwise defined in the scheduling priorities of this Agreement. Such use shall be scheduled in accordance with the policies established by Prince George's County Public Schools and the Governance Board and in strict adherence to the terms of this Agreement. The portions of the Facility designated as Controlled-Use Space shall be for the sole use of the Facility for maintenance and normal Facility operations. Such portions of the Facility shall not be available for use by the public or the Parties to this Agreement without prior approval of the Executive Director. 5.5 Keys. Distribution of the keys to the Facility shall be limited to persons authorized by the Board and designees of the Governance Board and the Executive Director.


5.6 Scheduling Commitments. Except for the scheduling priorities as defined in this Article, all Parties to this Agreement shall endeavor in good faith to ensure that confirmed reservations for the Facility will be honored in the order that they are received so as to assure that the Facility’s schedule may be predictable and reliable. 5.7 Scheduling Agreement. All scheduled events will have a written agreement between the Facility and the scheduled user which specifies the dates and times of the scheduled use, Facility-owned equipment and system requirements, event staffing requirements, and any special provisions associated with Facility use. Scheduled users of the Facility may only re¬assign their scheduled time to other users with approval of the Executive Director. 5.8 Scheduling Priorities. Except as otherwise defined herein, the Facility shall be made available in an equitable fashion for use by the Parties hereto, the Prince George’s County school system, community organizations and other groups, pursuant to reasonable rules and regulations as established by the Governance Board and in accordance with this Agreement. Scheduling will be for distinct events and not blocks of time in accordance with the following:

(A) For purposes of scheduling the following definitions apply: (1) The school year is defined as the dates between the first day of scheduled classes in the fall through the last day of scheduled classes in the spring. (2) School hours are defined as between 7:00 AM and 4:00 PM. (3) School days are defined as those with students scheduled to attend. (4) Non-school days include all days when students are not scheduled by the Board to attend classes including weekends and vacation periods.

(B) Use of the Facility during school hours on school days during the school year must not adversely impact the normal operation of Bowie High School. For Facility use, the Bowie High School principal has the authority to deny scheduled use of the Facility for any use during school hours on school days if that use is determined detrimental to normal school day operations. (C) Bowie High school has priority for use of the parking lot during school hours on school days during the school year and of the staff parking area on non-school days on which the school staff is scheduled to report to work. (D) During the school year during school hours on school days scheduling priority shall be for the following groups in the order listed:

(1) Arts based educational programs of Bowie High School (2) Arts based educational programs of the Region IV Group of Schools (3) Commission sponsored, and City sponsored non-profit performing arts groups (4) County non-profit performing arts groups (5) Remaining Prince Georges County public schools arts based educational programs and other appropriate users as further defined by the Governance Board.

(E) During non-school hours on school days and between 5:00 AM and midnight on non-school days, scheduled use of the Facility shall be divided between the Parties to this Agreement, Bowie High School, the Region IV Group of Schools and various community groups and other users, to include professional performers in the manner defined below. A day of use is defined as any portion of the hours between 4:00 PM through 11PM on school day evenings and any portion of the time between 5:00 AM and midnight on non-school days. All events requesting scheduling must be in accordance with policies, procedures, and meet the event preparation requirements established by the Governance Board.

(1) During the school year, groups 1 and 2 above shall have first priority for up to 120 days of use. Requests for priority consideration shall be submitted between January 1 and 31 for the following calendar year. Should groups 1 and 2 not schedule the full allocation of days, the Executive Director will open the unscheduled time to lower priority groups. The Executive Director will notify the Bowie High School Principal when scheduling of lower priority groups would preclude groups 1 and 2 above from scheduling their unused allocated time prior to scheduling those groups.

(a) Within this 120 day first priority allocation, the arts based educational programs at Bowie High School will have priority for scheduling the first 60 days of the allocation.


(2) During the school year, groups 3, 4, and 5 will have second priority to schedule up to 45 days of use following the scheduling of first priority groups. Requests for priority consideration shall be submitted between March 1 and 31 for the following calendar year.

(a) The City may, at its discretion, exercise any remaining days of their 14 day annual allocation as first priority within this allocation.

(3) Any remaining schedule availability during the school year, following scheduling of first and second priority allocations, shall be on a first come first served basis.

(4) Outside the school year scheduling priorities shall be as follows:

(a) The Commission shall have first priority, for up to 14 days of use each year. No other groups may reserve any space in the Facility during this time period until after the Commission has requested and received confirmation from the Executive Director of their requested dates, or without obtaining the prior written approval from the Commission. The Commission will submit its reservation schedule no later than June 1 for the following calendar year. Once the Commission’s reservations are submitted and approved by the Executive Director, the time periods and scheduled areas of the Facility may not be altered by any party other than the Commission. Any dates and times not utilized by the Commission may be utilized by other groups as defined in this Agreement. (b) The City shall have second priority in this time period, for any remaining days of their 14 day annual allocation except as provided for the Commission above. The City will submit its reservation schedule no later than June 1 for the following calendar year. Except for the Commission as described above, no other groups may reserve any space in the Facility during this time period until the City has requested and received confirmation from the Executive Director or waived their right to priority in writing. Once the City’s reservations are confirmed by the Executive Director, the City’s time periods and requested areas of the Facility may not be altered without the written approval of the City. Any days not scheduled by the City within the City’s allocation and within the timeline stated above may be utilized by other groups. (c) Groups 3, 4, and 5 will have third priority to schedule. Requests for priority use shall be submitted between June 1 and 30 for the following calendar year. Date of submission within this submission period will be factored into determining priority among these groups.

(5) The Executive Director will, at his/her discretion, assign a group to either the recital hall or the main hall based on the type of use and audience expected for the scheduled program/performance.

5.9 Scheduling Procedures and Review. The Executive Director will establish scheduling procedures that implement the intent of the above provisions for review and approval by the Governance Board. These procedures shall be reviewed periodically by the Governance Board and changes may be made that maintain the overall intent of the scheduling and allocation provisions of this Agreement. The representatives to the Governance Board of the Parties to this Agreement will be empowered to approve changes to the scheduling provisions but not the allocation provisions of this Agreement. No changes may be made without the consent of the Governance Board representatives of all the Parties to this Agreement.


5.10 Schedule transition. The Governance Board and the Executive Director shall develop interim scheduling provisions to establish an event schedule until such time as the advance scheduling timelines of this Agreement can be achieved. The interim schedule provisions shall endeavor to support the scheduling priorities and intent of this Agreement. 5.11 Stage Use. The Facility main hall and front portion of the stage will remain available for student use on school days when other groups are preparing for performances. Subject to the provisions of Section 5.8(B), if any group is scheduled to use the main hall of the Facility for performances over a period of time during their allocated time, other groups may schedule use the front portion of the stage in front of the curtains/sets provided they cause no disturbance to or exposure of the props/equipment of the reserved group. 5.12 Facility Equipment and Systems. Facility owned equipment and installed operating systems will typically be made available to scheduled users. Fees may be charged for the use of Facility Equipment and Systems as defined in this Agreement. The Facility staff will provide sufficient training to scheduled user staff for the safe operation of Facility-owned equipment and installed systems. Scheduled events will be required to include sufficient training time in their schedules prior to their event. Agreement as to the availability and extent of use of all Facility-owned equipment and installed systems will be included in scheduling agreements. The Executive Director has the responsibility and authority to withhold use of any Facility Equipment or System from any scheduled user if it is determined that use of the Facility Equipment or system by the scheduled user could result in damage to or misuse of the Facility, Facility Equipment or System, or hazard to patrons or scheduled user personnel. Specific Facility Equipment and Systems may change due to changing technology and normal wear and tear. Typical Facility Equipment and Systems include:

(A) Theatrical lighting system to include lighting instruments, lighting controls, and spare lamps due to normal wear and tear. Lighting gels, other than the house hang, are the responsibility of the scheduling party. (B) Theatrical sound systems to include use of Facility microphones, installed recording and playback equipment, and user control systems. Recording media and batteries for wireless systems are the responsibility of the scheduling party. (C) Theatrical intercom systems. Batteries for wireless intercom systems are the responsibility of the scheduling party. (D) Stage Fly System. Open battens will be made available as appropriate for the item(s) to be flown. Use of battens will be included as part of the scheduling agreement. The Executive Director or designee must inspect and approve all items to be flown before installing on battens and must approve counter weighting before use. Facility equipment permanently installed on battens will generally not be relocated to accommodate a scheduled user. (E) Facility telephone systems including local service during scheduled use and access to instruments in available spaces. (F) Heating and/or air conditioning systems during scheduled use. System control will remain with the Facility Manager.

5.13 Disputes. Any dispute concerning the terms of this Agreement, scheduling, or actual operation and maintenance expenses that cannot be resolved by the Executive Director shall be referred to the Governance Board in writing for resolution. Pending final resolution, each Party shall proceed diligently with the performance of all provisions under this Agreement. The Governance Board shall attempt to resolve such dispute by meeting for direct negotiations within 30 days after written notice of a dispute is delivered. In the event such dispute is not resolved by direct negotiations within such 30-day period, the dispute shall be submitted to the signatories of this Agreement

ARTICLE 6. OPERATING FUNDS AND STAFFING

6.1 Operating Funds. Operating funds shall be provided by the Board, the City. (A) The Board shall provide yearly support to the maximum amount of $400,000, pending funding availability and subject to approval by the County Executive and County Council. (B) The City shall provide yearly support to the maximum amount of $80,000, pending funding availability, subject to the discretion of the City Council to appropriate funds, to supplement the Board’s budget.


6.2 Any costs, directly attributable to the normal operation of the Facility as provided in this Agreement, which have not been recovered through user fees for the facility, shall be paid by the Board and the City in a manner proportionate to the funds provided by each entity. The City’s payment shall be limited as provided in Section 6.1 and shall be payable on or before June 1 of each year in equal monthly installments beginning on the 1st day of each month. At the end of the fiscal year, any unexpended funds shall be credited proportionately to the respective entities proportionately to their contribution and applied to the ensuing fiscal year. The City shall be entitled, upon written request, to a detailed statement of operational revenues and expenditures made pursuant to this Section which shall be provided by the Board within 30 days of the date of the request. 6.3 Staff Expenses. The expense of Facility staff for the operation of the Facility shall come from operating funds and be divided as provided for in paragraph 6.2 by the Board and the City.

(A) The cost for any additional production staff necessary to operate installed or Facility owned theatrical equipment for scheduled events shall be the responsibility of the scheduling party except as provided for in Section 6.5. These persons may be part time Board employees with costs reimbursed to Board by the scheduling party in accordance with Board procedures.

6.4 Personnel Policies. Facility staff personnel will be employees of the Board. The Governance Board will establish policies regarding the necessary qualifications for the personnel working at the Facility and provide them to the Board for personnel hiring and administration. The Governance Board will participate in evaluating candidates for staff positions at the Facility and the hiring of the Executive Director and the Technical Director requires approval by the Governance Board. 6.5 Personnel. The full time Facility staff will include an Executive Director and a Technical Director. The Executive Director shall report to and be evaluated by the Principal of Bowie High School, and shall also report to the Governance Board, which may provide input to the Principal as part of the Evaluation process. The Technical Director shall report to the Executive Director.

(A) At all times when the Facility is occupied, there must be at least one individual onsite familiar with building operations and emergency procedures and authorized by the Executive Director in writing to supervise the Facility. This individual may be either the Executive Director or the Technical Director in the course of their normal day-to-day duties. In order to accommodate the potential for 16 hour per day, seven day per week operation for scheduled events, part time staff may be employed to provide the support normally provided by the Executive Director and Technical Director beyond normal duty hours, on days off, during full time staff vacations, or at other times when the full time staff may not be available within the personnel policies of the Board. The Executive Director will include costs for these personnel in the Facility annual budget. The responsible person will be designated the Facility Manager while acting in this capacity regardless of other positions held. The costs associated with this section shall be borne entirely by the Board during school hours on school days and on non-school days during the hours school staff is scheduled to report to work. At all other times, such costs shall be the responsibility of the scheduled users, except as otherwise provided in this Agreement. Costs for a part time Facility Manager for these extended hours of normal operations will not be charged to the Commission or the City during their 14 day annual allocation.

6.6 Expense of Board Programs. The Board shall provide at its sole cost and expense production staffing in addition to the full time Facility staff it deems necessary to operate and supervise Board programs at the Facility. The Board will consult with the Executive Director regarding the minimum staffing necessary for any individual event and the Board will provide the minimum staffing level typical for similar events held at the Facility in accordance with policies and procedures established by the Governance Board. 6.7 Any staff shared between Bowie High School and the Facility shall report to the Bowie High School Principal.

ARTICLE 7. FACILITY OPERATION AND MAINTENANCE

7.1 Operation Responsibility. Operation of the Facility shall be the responsibility of the Executive Director and the Bowie High School Principal in accordance with policies and procedures established by this Agreement. 7.2 Maintenance Responsibility. The Facility shall be maintained by the Board in accordance with maintenance policies and procedures of the Board and the Governance Board. The Facility and Site shall be maintained so as to appear safe, attractive, and inviting to the public in accordance with all applicable State and County health standards, and in accordance with all applicable Federal, State and County laws and regulations. Costs for any


maintenance above the standard normally associated with Board policy will be funded by event generated operating revenue and operating funds provided by the City per section 6.1B. 7.3 Maintenance Transition. The Governance Board will develop a plan for an orderly transition of maintenance responsibility from the Association to the Board. The maintenance transition will begin with the signing of this Agreement and complete following completion of Facility construction by the Association. Maintenance costs will be borne by the Association prior to transition to the Board and will be incrementally transferred to the Board as transition occurs for specific systems or functions. Documentation of the maintenance transition will form the Maintenance plan for the Facility. 7.4 Operations Transition. Transition to full operations shall begin as soon the Executive Director is functioning in that position. The Executive Director and the Governance Board shall develop a transition plan to transition Facility operations from the Association’s construction and testing phase to full scheduled operations. This transition plan shall be coordinated with interim scheduling provisions, completion of construction, and the transition of Facility maintenance. Documentation of the operations transition will form the basis of the operational plan for the Facility. 7.5 The Governance Board shall meet quarterly at the Facility for the purpose of inspecting the Facility. The Governance Board shall prepare a written report of maintenance issues and expected funds needed for repairs. 7.6 Construction Warranties. The Board shall be entitled hereunder to enforce any warranty, indemnity, or other representation arising under any contract involving construction of the Facility to which the Association is a party, it being understood that the Association shall execute such other documents, instruments or further assurances as may be reasonably requested in order to vest in the Board, all of the Association’s legal or equitable rights pertaining thereto, as the same may be necessary and sufficient to entitle the Board to prosecute in its own name any such claim accruing otherwise to the Association. 7.7 Restrictions on Facility Expenses. The Commission and the City shall not have any responsibility for providing any continued funding or for any expenses for the Facility except as defined in this Agreement. Without limiting the generality of the foregoing, the Commission and the City shall have no obligation or financial responsibility for: (i) the cost or expense of any Normal Operations (described herein below); or (ii) any cost, charge, fee, damages or expense arising, caused by, resulting from or associated with the use of the Facility by any third-party (except for those third parties utilizing the Facility for activities scheduled by the Commission or the City) 7.8 Normal Operations. Normal operations include the routine day-to-day operating and maintenance tasks necessary to provide access to the Facility and installed systems by scheduled users and to maintain the Facility. Normal Operations includes the work typically performed by the Executive Director, Technical Director, and maintenance and routine custodial services. Costs of Normal Operations will not be included in any fee charged for Board sponsored events or in fees charged the Commission or the City for scheduled events within their 14 day annual allocation. Normal Operations also includes:

(A) Access to parking, as described in this Agreement, on a space available, first-come first-served basis (B) Snow removal for parking and access to the Facility (C) Access and scheduled use on a per day basis for periods of up to sixteen (16) hours, scheduled to begin not earlier than 5 A.M. and to end not later than 12:59 A.M. (if on the following day). (D) Access and scheduled use on a per day basis for any day of the week, including Friday, Saturday, or Sunday.

7.9 Normal Operations and associated costs exclude: (A) Event specific staff, equipment, and consumables. (B) Operation and technical support for rental of equipment or compensation of operators for equipment that is not standard equipment for the Facility. (C) The cost of group or individual liability insurance for the scheduling party naming the Board as an additional insured as required in this Agreement. (D) Ticketing costs and ushering staff. (E) Use of outside security

These excluded costs will be the responsibility of all scheduled users including the Commission or City for all activities scheduled respectively on their behalf except as provided for in Section 14.5


ARTICLE 8. FOOD SERVICE 8.1 Food and beverages shall not be permitted in the main seating area of the Facility. 8.2 Food service may be provided by groups reserving space in the Facility in areas other than the main seating area of the Facility, for a fee. 8.3 A security deposit for potential damage from food and beverages may be required of groups providing food services.

ARTICLE 9. SECURITY AND SAFETY FOR NON PRINCE GEORGE'S COUNTY PUBLIC SCHOOLS SCHEDULED ACTIVITIES

9.1 The Executive Director shall be responsible for maintaining safety and order. The Executive Director, or the person authorized by the Executive Director to supervise the Facility, has the responsibility and authority to terminate any event that is placing the Facility or patrons at risk. 9.2 The Parties hereto may, if approved by the Governance Board, hire a firm to provide security for the Facility. Such expense shall be treated as an Excluded Normal Operating Cost, and shall not be paid for by the Board. 9.3 Police and Fire Protection. All police and fire incidents will be recorded and a copy of the resulting report(s) will be provided to the members of the Governance Board by the Executive Director, at each meeting of the Governance Board, but not provided less than on a quarterly basis.

ARTICLE 10. ADDITIONS, RENOVATIONS

10.1 Consent. No Party shall make any change, alteration, or replacement of any structure, constituting any portion of the Facility, other than in the course of ordinary repair, without prior written notification to and written approval of all Parties to this Agreement. 10.2 Safety. Notwithstanding the above, portions of the Facility may be repaired or replaced if required for product safety or similar reasons. In such event the other Parties must receive written notification as soon as possible, but no later than the next meeting of the Governance Board nor less than on a quarterly basis. 10.3 Donor Named Spaces. Naming rights for certain spaces granted to certain donors by the Association, as listed in Exhibit C, are to remain in perpetuity unless changed at the request of the named donor or its successor. No alterations to space designations will be accomplished without the prior consent of the named donor. The Association may continue to designate naming rights to Facility spaces with any donations received applied to the cost to complete the Facility until the Facility is turned over to the Board by the Association. When the Facility is turned over to the Board by the Association, the Governance Board will have the exclusive rights to continue to designate naming opportunity for spaces, with naming rights not previously designated, with any donations going to the reserve account identified in Article 14 of this Agreement. 10.4 Donor Named Seats. Seats in the Main Hall are designed to have naming plates installed. Those seats with designated name plates attached, when the Facility is turned over to the Board by the Association, will remain so named in perpetuity. The Association may continue to designate naming rights to seats with donations applied to the cost to complete the Facility until the Facility is turned over to the Board by the Association. When the Facility is turned over to the Board by the Association, the Governance Board will have the exclusive rights to continue to designate naming opportunities for the remaining seats with any donations going to the reserve account identified in Article 14.

ARTICLE 11. INSURANCE

11.1 The Facility shall be insured by the Board. The Board is self-insured and agrees to the repair or replacement of the Facility or any Facility items caused by damage or destruction by any means. The Board reserves the right to seek restitution via subrogation action against the party using the Facility during the time of the damage or destruction, where deemed appropriate by the Board or its underwriter, which shall be, without waiver, abrogation and subject in all events to, the limitations, notice and other requirements set forth under Sections 5-301 et seq. of the Courts and Judicial Proceedings Art., Ann. Code of Md. 11.2 With the exception of Board events and when prohibited by one of the Parties’ self-insurance fund, scheduled users shall be required to provide certificates of insurance for their period of use naming the Board as an insured.


ARTICLE 12. INDEMNITY 12.1 Without waiver, abrogation and subject in all events to, the limitations, notice and other requirements set forth under Sections 5-301 et seq. or Section 5-518 of the Courts and Judicial Proceedings Art., Ann. Code of Md., each party to this Agreement shall defend, indemnify and hold harmless the other Parties, elected or appointed officials, officers, directors, agents, servants and employees, and their respective successors and assigns, from and against any and all claims, threats, liabilities, taxes, interest, fines, penalties, suits, actions, proceedings, demands, damages, losses, costs and expenses (including attorneys’ and experts’ fees and court costs) or every kind and nature arising out of, resulting from, or in connection with:

(A) The indemnifying parties activities or use of the Facility pursuant to this Agreement, including, without limitation, any act or omission by employees, agents, guests and invitees of the indemnifying party and the indemnifying parties representative to the Governance Board; (B) Any misrepresentation or breach by the indemnifying party of any representation or warranty contained in this Agreement; (C) Any non-performance, failure to comply or breach by the indemnifying party of any covenant, promise or agreement contained in this Agreement except as to any such non-performance, failure or breach approved in advance by the indemnified party or caused by the indemnified party’s contributory negligence; or, (D) Any debts, obligations, duties and/or liabilities of the indemnifying party not expressly assumed by the indemnified party pursuant to the provisions contained in this Agreement

ARTICLE 13. TERMINATION

13.1 Notwithstanding any other provisions of this Agreement, after this Agreement has been in effect for a period of not less than ten years, any party may withdraw from this Agreement upon eighteen (18) months written notice to the Governance Board. In addition, any party whose governing body fails to make the appropriations required to continue funding that party’s obligations with respect to the Facility shall be deemed to have withdrawn from this Agreement, whether it has given written notice or not. It is expressly acknowledged and agreed that the Commission does not have any obligations to provide future funding for the Facility except as defined in this Agreement. In the event that any party withdraws from this Agreement, its representatives shall be excluded from further participation in the Governance Board. Upon the withdrawal of any party or the occurrence of other events that, in the view of the Governance Board, affect the continued viability of this Agreement, the Governance Board shall recommend to the remaining parties whether to terminate the Agreement with respect to the remaining parties and to provide for the Commission’s usage as defined herein. Should the remaining parties decide to terminate the Agreement, they shall at that time address responsibility for post-termination operation and control of all portions of the Facility; provided however, if the remaining parties decide to sell or otherwise transfer the Facility, the sale or transfer shall be subject to the right of the Commission, at the Commission’s sole and exclusive option, to either: (a) use the Facility for fourteen (14) days per year without the responsibility for providing any continued funding or for any expenses for the Facility except as defined in this Agreement; or (b) obtain its proportionate share. 13.2 This Agreement shall be subject to periodic review by all parties, at which time amendments hereto may be made by unanimous agreement of the Parties.

ARTICLE 14. FEES AND CHARGES

14.1 The Executive Director will establish a budget plan for Governance Board approval that includes anticipated revenue, use of funds provided by the Board and the City, and proposed use of funds generated by fees. The Governance Board will set the schedule for budget preparation and submission. The Board shall direct its Chief Financial Officer to work with its external financial auditor and consult with the Executive Director to develop a fund accounting structure for the Facility that allows for the segregation of funds and establishment of reserves that recognizes the nature of this enterprise and is consistent with generally accepted governmental accounting principles. 14.2 The Governance Board shall establish a Fee Schedule to be charged to any entity or individual who uses the Facility. In establishing the fee, the Governance Board may establish different fees depending on the intended use of the Facility (e.g. lecture versus stage show), and the nature of the requesting organization. As a minimum such


fees in the aggregate must be sufficient to cover costs of the Facility in excess of the annual appropriations provided by the Board and the City for this purpose. Specific provision of the Fee Schedule will include:

(A) The Governance Board shall establish an hourly cost basis for normal operations as defined in this Agreement.

(1) The Board shall not be charged this fee for Board events. (2) All other users shall be charged this fee on an hourly use basis except as provided in Section 14.5 for Commission or City events using the 14 day annual allocation for the Commission and the City.

(B) The Commission and the City shall not be charged a fee for up to 14 days of use, annually, as provided in this Agreement, but shall be charged the established fee for use of the Facility beyond those 14 days. The Commission and the City shall be charged the appropriate fees for consumables and event specific expenses for all use per the terms of this Agreement. (C) All other users of the Facility shall be charged pursuant to the Fee Schedule established by the Governance Board.

14.3 All Revenue will be promptly deposited into an account by appropriate personnel of Bowie High School. On a periodic basis using procedures to be developed by the Board’s Chief Financial Officer and the Governance Board, the Board shall provide an accounting of expenses incurred during hours of scheduled use by other than Board events. 14.4 The Board of Education shall provide the Governance Board with an annual accounting showing revenues generated by the Facility and expenses the Board has incurred in the operation of the Facility. 14.5 Under the terms of this Agreement, the City and the Commission have each been granted an annual allocation of fourteen (14) days use of the Facility. The Parties agree that for that annual allocation, the City and the Commission shall not be charged a fee for any and all personnel, as defined under Section 6.5, or for Normal Operating Costs, as defined under Section 7.8, up to maximum amount of $1,500.00 per day, or an aggregate of $21,000.00 per year (the “Cap.”). The Parties acknowledge that at the time of the signing of this Agreement, the $1,500.00 figure is an estimate, not based on actual experience of operating the Facility. The Parties agree that within two (2) years of signing this Agreement, the Governance Board will analyze the actual costs of operating the Facility and will present to the Parties information regarding same, and, within thirty (30) months of the signing of this Agreement, the Parties will revisit the Cap agreed to herein, and make whatever adjustments are necessary after such a review and analysis; however, in no event shall this Cap be less than $1,500.00 per day, or an aggregate of $21,000.00 per year.

ARTICLE 15. MISCELLANEOUS

15.1. Supplies. No provision in this Agreement is meant to affect the Parties’ responsibilities to provide the necessary supplies for its sole use in its day to day activities. 15.2. Successors and Assigns. This Agreement and the rights and obligations herein shall inure to the benefit of, and be binding upon, the Parties hereto and each of their respective permitted successors and assigns. 15.3. Entire Agreement. This instrument contains the entire agreement among the Parties and shall not be modified except by written agreement signed by all Parties and attached hereto. 15.4. Severability. The invalidity or illegality of any provision of this Agreement shall not affect the remainder of this Agreement or any other provision contained herein. 15.5. Counterparts. This Agreement may be executed in three (3) or more counterparts, each of which shall be deemed an original copy of this Agreement, and all of which, when taken together, shall be deemed to constitute but one and the same Agreement. 15.6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland.


15.7. Notices. Any notices, requests, demands, consents, and other communications which are required or may be given under this Agreement shall be in writing and may be delivered in person (by hand or by messenger or courier service) or may be sent by certified or registered mail or by overnight courier or mail service that guarantees next-day delivery and provides a receipt, with postage prepaid, or by facsimile transmission, and shall be deemed sufficiently given if served in a manner specified herein. The following are the address(es) of the Parties for delivery or mailing of notice purposes:

If to the Commission: Executive Director Maryland-National Capital Park and Planning Commission 6611 Kenilworth Avenue, Suite 402 Riverdale, MD 20737 with copy to: General Counsel Maryland-National Capital Park and Planning Commission 6611 Kenilworth Avenue, Suite 403 Riverdale, MD 20737 If to the Association: Bowie Regional Arts Vision Association, Inc. P.O. Box 1044 Bowie, Maryland 20718 with copy to: Leo Green, Esquire 14300 Gallant Fox Lane Suite 120 Bowie, MD 20715 If to the City: David J. Deutsch City Manager City of Bowie 2614 Kenhill Drive Bowie, MD 20715 With copy to: Elissa D. Levan, Esquire Levan, Ferguson & Levan, P.A. 6325 Woodside Court, Suite 230 Columbia, MD 21046 If to the Board: Chief Executive Officer Prince George’s County Public Schools 14201 School Lane Upper Marlboro, MD 20772

15.8. Survival of Representations, Warranties and Agreements. All of the representations warranties, covenants, promises and agreements of the parties contained in this Agreement or any document delivered or to be delivered pursuant to this Agreement shall survive the execution, acknowledgement, sealing and delivery of this Agreement and the consummation of the transactions contemplated hereby. 15.9. Recitals. The recitals are hereby incorporated into this Agreement and made a part hereof. 15.10. Recording. No Party may record this Agreement at any time among the Land Records of Prince George’s County. Recording of this Agreement shall ipso facto terminate, without notice, this Agreement. Furthermore, no Party shall have the right to encumber, in any manner, the property on which the Facility is located. Violation of this provision of the Agreement shall ipso facto be a termination of this Agreement without further notice. The Parties recognize and acknowledge that nothing in this Agreement is intended to alter or modify any provision of Maryland law, including, but not limited to section 4-115 of the Education Article, Annotated Code of Maryland, which provides that the Board may only dispose of real property (a) upon a finding that any land, school site, or building is no longer needed for school purposes; and (b) only with the approval of the State Superintendent of Schools; and then (c) only by transferring same to the Prince George’s County Council.


emorandum of Undertanding for the Facility Transfer


BRAVA Letter to Tigner Letter (BCPA Vision)


BRAVA Project Timeline

Bowie Center for the Performing Arts 2014 Facility Usage Report

Gerald D. George, PhD

Executive Director


Event User / Partner Start Date End Date Attendance

Cast Audience Total

M-NCPPC Shakespeare Camp Partner 7/1/2013 7/5/2012 20 107 127 Artist Marian Shipman Outside 7/3/2013 9/16/2013 1 0 1 Jedi Live in LWKMD Outside 7/3/2013 7/3/2013 15 334 349 BHS SGA Meeting Partner 7/8/2013 7/8/2013 15 0 15 M-NCPPC Expressions Partner 7/12/2013 7/12/2013 30 133 163 An Evening of Ambiance Partner 7/13/2013 7/13/2013 20 76 96 Governance Board Meeting Partner 7/16/2013 7/16/2013 7 0 7 BHS Freshman Class Orientation Training Partner 7/17/2013 7/17/2013 26 0 26 Shakepeare in the Park Partner 7/21/2013 7/21/2013 7 160 167 Pinpoints Theatre-1001 Black Inventions Outside 7/22/2013 8/18/2013 0 0 0 Jerry McGuire Memorial Partner 8/3/2013 8/3/2013 3 212 215 BHS Department Heads Meeting Partner 8/7/2013 8/7/2013 30 0 30 Security Services Meetings Partner 8/12/2013 8/12/2013 12 45 57 Security Services Meetings Partner 8/13/2013 8/13/2013 12 155 167 Chocolate Covered Ants Reading Partner 8/14/2013 8/14/2013 15 0 15 Chocolate Covered Ants Reading Partner 8/15/2013 8/15/2013 15 0 15 Chocolate Covered Ants Reading Partner 8/17/2013 8/17/2013 15 0 15 Chocolate Covered Ants Reading Partner 8/19/2013 8/19/2013 15 47 62 Classical Guitarist, Joel Sharbaugh Partner 8/29/2013 8/30/2013 1 48 49 BHS "BEAUTY AND THE BEAST" Partner 9/3/2013 11/17/2013 35 2122 2157 BHS Senior Class Assembly Partner 9/13/2013 9/13/2013 15 630 645 Pain Through the Process Outside 9/13/2013 9/14/2013 27 75 102 Emily Casey Musical Performance Partner 9/15/2013 9/15/2013 3 132 135 US Navy Concert Band Outside 9/19/2013 9/19/2013 60 128 188 Casting Stones Outside 9/20/2013 9/21/2013 15 235 250 Dematha Catholic High School Outside 9/23/2013 9/29/2013 10 172 182 Senior Shining Stars Partner 9/26/2013 9/27/2013 15 680 695 BHS Anti-Bullying Seminar and Workshops Partner 9/30/2013 9/30/2013 11 82 93 Art Gallery w Michelle Johnson Outside 10/1/2013 10/30/2013 1 0 1 BHS 10th Grade Parent Night Partner 10/2/2013 10/2/2013 9 108 117 Ballet Theatre of Maryland Outside 10/3/2013 10/5/2013 57 324 381 BHS Class of 2015 Assembly Partner 10/8/2013 10/8/2013 5 584 589


Prince Georges Philharmonic Outside 10/9/2013 10/12/2013 68 238 306 Governance Board Meeting Partner 10/15/2013 10/15/2013 8 0 8 BHS Summit Information Mtg. Partner 10/17/2013 10/17/2013 7 189 196 The FacePaint FP Lady - Live!! Outside 10/20/2013 10/20/2013 6 44 50 Cantare-US Army Field Band-Master Class Outside 10/23/2013 10/23/2013 5 60 65 Caterpillar Club Partner 11/20/2013 11/20/2013 8 20 28 Beauty and the Beast Partner 11/8/2013 11/17/2013 50 2079 2129 M-NCPPC Auditions Partner 11/16/2013 11/16/2013 7 7 14 BHS Orchestra Concert Partner 11/18/2013 11/18/2013 60 137 197 BHS Poetry Out Loud Competition Partner 11/20/2013 11/20/2013 13 534 547 BHS College Signing Ceremony Partner 11/20/2013 11/20/2013 10 10 20 PG Philharmonic Concert Outside 11/20/2013 11/23/2013 67 201 268 BHS B'ball Coach/Jessica Brandt Partner 11/20/2013 11/20/2013 9 201 210 BHS Band Concert Partner 11/21/2013 11/21/2013 32 201 233 Beale Street Puppets Outside 11/23/2013 11/23/2013 1 201 202 Ballet Theatre of Maryland Outside 11/25/2013 12/8/2013 40 201 241 BHS Winter Dance Concert Partner 12/4/2013 12/5/2013 85 201 286 BHS V4 Music Assembly Partner 12/11/2013 12/11/2013

201 201

Play Reading - Caterpillar Club Partner 11/20/2013 11/20/2013 10 47 57 BHS Band Concert Partner 11/21/2013 11/21/2013 60 115 175 Beale Street Puppets Outside 11/23/2013 11/23/2013 3 54 57 Ballet Theatre of Maryland Outside 11/25/2013 12/8/2013 40 607 647 BHS Dance Recital Partner 12/3/2013 12/5/2013 85 692 777 V4 Music Assembly Concert Partner 12/11/2013 12/11/2013 3 260 263 STEM - BHS Lecture Partner 12/11/2013 12/11/2013 3 75 78 PGCPS Thomas Pullen Music Outside 12/12/2013 12/12/2013 72 204 276 Bowie Senior Chorale Partner 12/13/2013 12/13/2013 113 619 732 Category 5 Partner 12/15/2013 12/15/2013 50 238 288 Genesis Christian School Christmas Concert Outside 12/15/2013 12/16/2013 150 360 510 Benjamin Tasker Music Concert Partner 12/17/2013 12/17/2013 165 416 581 BHS Warm Hearts-Warm Hands Partner 12/18/2013 12/18/2013 3 50 53 Heather Hills Elementary School Partner 12/18/2013 12/18/2013 149 291 440 Samuel Ogle MS Band & Orchestra Partner 12/19/2013 12/19/2013 62 185 247 Samuel Ogle MS Chorus Partner 12/20/2013 12/20/2013 121 293 414


Shaun Brown Master Class Partner 12/20/2013 12/20/2013 1 150 151 Holiday Hand Bell Concert Outside 12/21/2013 12/21/2013 16 245 261 Artist Tom Kirby Outside 1/2/2014 2/2/2014 1 0 1 Best of the Best Coffee Houses Partner 1/4/2014 1/4/2014 58 312 370 Sylma Gottlieb Memorial Service Outside 1/5/2014 1/5/2014 15 314 329 BHS Drama Club Partner 1/6/2014 2/21/2014 6 0 6 Governance Board Meeting Partner 1/7/2014 1/7/2014 8 0 8 BHS Choir Concert Partner 1/7/2014 1/8/2014 98 175 273 Maryland Umpire Association Outside 1/11/2014 1/11/2014 4 105 109 BHS Drama Club - Play Reading Partner 1/13/2014 1/16/2014 6 0 6 Glenn Dale Elementary Partner 1/15/2014 1/15/2014 158 232 390 Fortis College Graduation Outside 1/16/2014 1/16/2014 60 345 405 BHS Winter Instrumental Concert Partner 1/27/2014 1/27/2014 112 203 315 Bowie High's Got Talent Partner 1/29/2014 1/31/2014 60 603 663 M-NCPPC High School Step Show Partner 2/1/2014 2/1/2014 155 610 765 Artist - Perry Photographer Exhibit Outside 2/4/2014 3/31/2014 1 0 1 Ballet Theatre of Maryland Outside 2/6/2014 2/8/2014 24 121 145 BHS Class of 2014 Senior Assembly Partner 2/11/2014 2/11/2014 4 650 654 PG Philharmonic Concert Outside 2/12/2014 2/15/2014 90 230 320 US Naval Academy Band Outside 2/17/2014 2/19/2014 65 360 425 Love, Chocolate and Jazz Partner 2/19/2014 2/19/2014 50 185 235 BHS 8th Grade Showcase &AP Infor Night Partner 2/20/2014 2/20/2014 15 233 248 Rockbridge Academy - The Music Man Outside 2/20/2014 3/1/2014 71 1648 1719 Dematha Catholic High School Outside 3/3/2014 3/9/2014 6 224 230 PG Philharmonic Concert Outside 3/21/2014 3/23/2014 190 365 555 US Navy Concert Band Outside 3/22/2014 3/22/2014 90 250 340 BHS Dance Recital -McGowen Partner 3/24/2014 3/29/2014 126 685 811 BCPA FM Training Partner 3/24/2014 3/24/2014 1 5 6 BHS Senior Class Assembly - 2014 Partner 4/1/2014 4/1/2014 15 610 625 BHS Motivational Seminar Partner 4/1/2014 4/1/2014 6 50 56 New Hope Academy Outside 4/4/2014 4/5/2014 56 334 390 PGCPS Thomas Pullen Dance Outside 4/8/2014 4/11/2014 65 1630 1695 Janna Ryon's Recital Partner 4/11/2014 4/14/2014 23 47 70 Seniors On Stage Partner 4/15/2014 4/16/2014 12 634 646


Kidsinger Jim Children's Concert Outside 4/17/2014 4/17/2014 1 125 126 US Marine Corps Band Outside 4/17/2014 4/17/2014 65 547 612 BHS Festival Choir Partner 4/22/2014 4/22/2014 53 238 291 Governance Board Meeting Partner 4/22/2014 4/22/2014 9

9

BHS SGA Elections Outside 4/23/2014 4/23/2014 8 1400 1408 BHS Art Exhibit Partner 4/24/2014 5/2/2014 0

0

Ballet Theatre of Maryland Partner 4/24/2014 4/26/2014 18 82 100 PGCPS Elementary Winter Festival Partner 4/28/2014 4/29/2014 602 35 637 2014 Gubernatorial Forum Outside 4/28/2014 4/28/2014 6 456 462 BHS POPSs 2014 Partner 4/30/2014 5/10/2014 95 525 620 BHS Senior Awards & Art Show Partner 5/2/2014 5/2/2014 7 500 507 BHS Tri-M Inductions Partner 5/12/2014 5/12/2014 47 35 82 BHS Band Concert Partner 5/13/2014 5/13/2014 58 185 243 BHS Orchestra Concert Partner 5/14/2014 5/14/2014 28 125 153 MD Occupational Therapy Forum Partner 5/15/2014 5/15/2014 7 167 174 Samuel Ogle Middle Spring Chorus Partner 5/16/2014 5/16/2014 189 411 600 Drama Kids Outside 5/17/2014 5/18/2014 215 215 Samuel Ogle MS Band & Orchestra Partner 5/19/2014 5/19/2014 156 247 403 Tasker Middle School Band Concert Partner 5/20/2014 5/20/2014 166 310 476 Bowie Senior Chorale Partner 5/21/2014 5/21/2014 75 528 603 PGCPS T G Pullen Elem & MS Chorus Partner 5/22/2014 5/22/2014 48 215 263 Paul Reed Smith Assembly Partner 5/23/2014 5/23/2014 1 158 159 National Ballet Student Performances Outside 5/23/2014 5/24/2014 31 100 131 Design in Motion Outside 5/28/2014 5/31/2014 57 542 599 Excelsior Academy Graduation Outside 6/1/2014 6/1/2014 485 485 Janna Zuber Art Exhibit Outside 6/2/2014 6/30/2014

0

Glenn Dale Elem Showcase Partner 6/3/2014 6/3/2014 146 292 438 Fortis College Graduation Outside 6/12/2014 6/12/2014 139 490 629 Genesis Arts "Cinderella" Outside 6/13/2014 6/14/2014 75 270 345 Spotlight Studio Outside 6/15/2014 6/15/2014 56 465 521 PGCPS Teachers Training Partner 6/16/2014 6/16/2014 0 1150 1150 Starmakers Dance Studio Outside 6/17/2014 6/21/2014 128 1653 1781 US Army Orchestra Outside 6/22/2014 6/22/2014 29 102 131 M-NCPPC Shakespeare Camp Partner 6/23/2024 6/30/2014 20

20


6075 39428 45503

Total Usage 247

Total Served 45503

Non-Partner

Non-Profit For-Profit

16 8

City of Bowie

M-NCPPC

PGCPS BCPA Other BHS Local Artists' Childrens Military Bands Play Reading Gallery Rehearsal Other

13 19 19 56 9 3 2 3 6 85 13

history and current status report - city of bowie

Documents