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HomeMy WebLinkAbout35-City Attorney .. -~;::;;-. ''''''!'I''':-.. . .., 'I. CI,e OF SAN BERNARDI. - REQU'" FOR COUNCIL ACitoN From: RALPH H. PRINCE Subject: Fine Arts Commission Grant Allocations - Tri Counties Chapter of the American Theatre Organ Society Dept: City Attorney Date: June 21, 1985 Synopsis of Previous Council action: At the Council meeting of June 17, 1985, the Mayor and Common Council approved the recommendation of the Fine Arts Commission for a grant allocation of $6,750 to Tri Counties Chapter of the American Theatre Organ Society. Recommended motion: Adopt Resolution. ck Signature -~ ~ Contact person: Ralph H. Prince Phone: 5255 Supporting data attached: Yes Ward: n/a FUNDING REQUIREMENTS: Amount: $6.750.00 Souree: Arts Fundinq 01-212-251 Finance: tJ - ttt' r ~ Council Notes: 75-0262 Agenda Item No$f . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2~ 24 25 26 27 28 ",0, . . . RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR GRANT ALLOCATION FOR FISCAL YEAR 1984-1985 WITH TRI COUNTIES CHAPTER OF THE AMERICAN THEATRE ORGAN SOCIETY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an agreement with the Tri Counties Chapter of the American Theatre Organ Society relating to grant allocations for fiscal year 1984-1985, a copy of which is attached hereto, marked Exhibit "In and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1985, by the following vote; to wit: AYES: Council Members NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1985.. Mayor of the City of San Bernardino form' :/ //-<fa~' ".~ ..-' .--,--- .-.- . . I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 !I 28 ~ -~"".,~., '"",.....y'yo'>;.- c "'~'!f:-:"'- '~,"%!;~,_\;; . . . A G R E E MEN T --------- (Community Organization) THIS AGREEMENT is entered into between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and the TRI COUNTIES CHAPTER OF THE AMERICAN THEATRE ORGAN SOCIETY, a California nonprofit organization, referred to as "Organization" The parties agree as follows: 1. Recitals. (a) Organization has requested financial assistance from City for the fiscal year 1984-1985, in order to assist in defray- ing the expense of certain concerts, shows, festivals or events or activities sponsored by Organization as set forth in Organization's grant proposal approved by the Fine Arts Commission of the City and a copy of which is attached hereto as Exhibit "A" and hereby incorporated herein. The financial assistance provided for in this agreement is made on a one-time only basis, and receipt of said funds shall not imply a continuing obligation of the City beyond the term of this Agreement. (b) The expenditure is for a valid municipal public purpose to wit: for promotion of arts and culture, as outlined in Exhibit "A". 2. Payment. Upon presentation of a claim to the City Administrator, City shall pay to Organization from the budget for the 1984-1985 fiscal year, the total sum of SIX THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($6,750) at such time or times and in such periodic amounts as determined by the City Administrator and Finance Director of the City, consistent with the grant proposal approved by the Fine Arts Commission. EXHIBIT . . . 3. Use of Funds. The funds paid to Organization shall be used solely for the purposes set forth in Exhibit "A". Said funds shall be expended by September 30, 1985, and any unexpended funds shall be returned to City by Organization. 4. Accounting. At such time or times as may be requested by the City Administrator or Director of Finance of City, Organization shall submit to the City Administrator, with a copy to the Director of Finance and the San Bernardino Fine Arts Commission, an accounting of the proposed and actual expenditures of all revenues accruing to the Organization for the fiscal year ending June 30, 1985. Financial reaords shall be maintained in accordance with generally accepted accounting principles by Organization in such a manner as to permit City to easily trace the expenditures of the funds. All books and records of Organ~' ization are to be kept open for inspection at any time during the business day by the City or its officers or agents. 5. Hold Harmless. Organization covenants and agrees to indemnify and save harmless the City and its employees and agents from all liabilities and charges, expenses (including counsel fees), suits or losses however occurring, or damages arising or growing out of the use or receipt of the funds paid hereunder and all operations under this agreement. Payments hereunder are made with the understanding that the City is not involved in the !performance of services or other activities of Organization. Organization and its employees and agents are independent I contractors and are not employees or agents of the City in I performing said services. I 6. Termination. City shall have the right to terminate 2 : I IJ ----. ..;f;:V!;f"'~,.-.,:..-~'" ;..-,___'.T"""",....,.~-;..~.;:..:~""'^"". ,,,:,,,,.-,-'1"'-;-'-- .....,"'--,.."":'"."7,:.--:..:0;'77.., ,~~."""",'-':.r "":"~rr>~' '--''-'''''''''';'~C''1<::.<-r:::'--.~''<:'- . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . -'.~~f,,,;:,,,':o."';t~"'-"i";-':':~-"P-- . . this agreement and any funding remaining unpaid hereunder for any reason by mailing a ten-day written notice to Organization and this agreement shall terminate ten days after the mailing of such notice. In the event this agreement is terminated for r~asons of improper use of funds or use of funds for any purpose other than those authorized, any unexpended portion of the funds provided by City shall be returned to City. Inaddition, Organization shall reimburse to City any funds expended which were used for any purposes other than those authorized under this agreement. 7. Assignment. Organization shall not assign its interest in this agreement without the prior written approval of City. 8. Final Report. Prior to October 1, 1985, organization shall provide a final report on the project funded by this agreement in accordance withthe Criteria for Financial Support heretofore provided by.City to Organization. 9. Notices. All notices herein required shall be in writin and delivered in person or sent by certified mail, postage prepaid addressed as follows: City Administrator City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 DATED Tri Counties Chapter of tqe American Theatre Organ Society c/o Mr. and Mrs. Steven Pleasant Post Office Box 4283 Crestline, CA 92325 CITY OF SAN BERNARDINO ATTEST: City Clerk' I Appr.oved as to form::? I~~~U~ C~ty A orney By Mayor TRI COUNTIES CHAPTER OF THE AMERICAN THEATRE ORGAN SOCIETY By Title -3_ ,,"I '::"':'~~.:.('f_":.~..:~'P";"'" c~.,t~c . .' . . . SUMMARY OF PREVIOUSLY SUBMITTED GRANT APPLICATION FOR RESTORATION OF THE WURLJTZER THEATRE PIPE ORGAN INSTALLED AT THE CALIFORNIA THEATRE FOR THE PERFORMING ARTS The Tri Counties Chapter of the American Theatre Organ Society in cooperation with the California Theatre for the Performing Arts, also known as the San Bernar- dino Civic Light Opera Association, and at the invitation of Thelma Press, Liaison for the Fine Arts Committee, again requests funding for the restoration to concert condition of the California Theatre Wurlitzer pipe organ. The funds requested total $6,750 and will cover the following costs of the organ restoration project: $2,750 Purchase of a new Posthorn rank 1,500 Purchase of new chime action and tubes 500 Purchase of leather for pneumatic bellows 2,000 Labor for paid technicians and Honorarium for Restoration Project Director $6,750 As you may recall, the Posthorn rank and the chimes were "removed" from the organ chambers some time during the years the instrument lay dormant. The Posthorn rank provides the basic, rich, lush sound that distinguishes theatre organs and is considered a vital component to any concert quality instrument. Because there is currently a five-month waiting period from date of order to delivery, the Civic Light Opera Association wi 11 advance the 20 percent down payment required by the company to begin work on the Posthorn rank, if funding for this project is granted. The chime component and leather to recover the bellows will,~e rela- tively simple items to locate and procure. The basis for the restoration plan is the commitment of Dr. Donald Vaughan to direct the project. 'He will be available during the months of July, August, and September of 1985 to devote a great deal of his time to this organ. Dr. Vaughan is a professor of music at a local college and is an accomplished organist and organ builder. He has lovingly tended the California Theatre organ for over twenty years to the extent his time and resources permitted. It is largely due to his efforts in maintaining the instrument through the years that this organ can be restored so inexpensively and in so short a time. The $2,000 labor costs include an honorarium for his services and will pay the wages of two organ stu- dent-technicians. The Tri Counties Chapter of the American Theatre Organ Society will provide the services of its skilled technicians as well as its relatively unskilled but enthusiastic members on a volunteer basis. Once the restoration work is completed, a free dedication concert will be held featuring a concert theatre organist. We plan to work for a tentative concert date somewhere between October 19 and 26, 1985. For your information, holding a concert involves the following approximate costs which will be absorbed by the Association and the Society: fidlltill A SUPPLEMENTAL INFORMATION TO ITEM #8 . , . . ,c..' .,,' ';',0 . .. . SUMMARY OF PREVIOUSLY SUBMITTED GRANT APPLICATION P4ge Two APPROXIMATE CONCERT COSTS Use of the Theatre Sound - Recording Security Stage Technicians (4) Ushers Advertising Air Conditioning Insurance Free Reserved Seat Tickets Artist $ 525 50 50 350 50 1,200 150 100 100 1.000 $3,575 An ongoing maintenance program and periodic concerts sponsored by either or both our two organizations are in the planning stages. This instrument cO\lld also be made available for concerts sponsored by other musical clubs or groups. Should the project as described above have been commissioned to a firm specializ- ing in the restoration and maintenance of pipe organs, the cost would have been much greater, perhaps prohibitive. Therefore, the granting of the funds for this project by the Arts Commission is a prudent investment in this City's artis- tic heritage and will return to the people of this area a magnificent musical instrument which will be enjoyed and cherished for years to come. "