HomeMy WebLinkAbout1989-089
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RESOLUTION NO.
89-89
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH MICHAEL LOEHR TO PERFORM
CONSULTING SERVICES FOR THE PLANNING DEPARTMENT, AND
4 REPEALING RESOLUTION NO. 89-11.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino
8 is hereby authorized and directed to execute on behalf
9 of said city an agreement with Michael Loehr to perform
10 consulting services for the Planning Department, a copy
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of which is attached hereto marked Exhibit "A" and
12 incorporated herein by reference as fully as though set
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forth at length.
SECTION 2. Resolution No. 89-11, authorizing the
execution of an agreement with Michael Loehr to perform
Planning Services for the Planning Department, is hereby
repeal led.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the city
of San Bernardino at a reqular
meeting thereof,
held on the
3rd
April
1989, by the
day of
,
following vote to wit:
AYES:
Council Members Estrada, Flores,
Minor, Pope-Ludlam
NAYS:
Council Member Maudsley
ABSENT:
Council Members Reilly, Miller
~~.$
./ city Clerk
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Resolution of the City of San Bernardino Authorizing the
3 Execution of an Agreement with Michael Loehr to Perform
Consulting Services For the Planning Department.
The foregoing resolution is hereby approved this
-'leU day of April , 1989.
(j /J~?)1 .
~Ox, ~6/4
city of San Bernardino
Approved as to form
and legal content:
11/)'
i~ :;.!;~
~y Attorney
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AGREEMENT
THIS AGREEMENT is made and entered into this 5/&~/
tija/a/
, 1989 by between the CITY OF SAN
day of
BERNARDINO,
a municipal corporation, 300 North "0"
california,
San Bernardino,
referred to as
Street,
"CITY", and Michael Loehr, referred to as "CONSULTANT"
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CITY and CONSULTANT agree as follows:
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General Descriotion of Work to be Done.
CITY
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retains CONSULTANT to perform planning services for the
Such planning services
shall
Planning Department.
include, but are not necessarily limited to, a report on
General Plan matters noting any outstanding issues from
a specific plan
for
July through December
1988,
development code adoption by June or September 1989 as
well as other related planning services which may be
required by the Acting city Administrator.
2.
Termination of Aqreement.
Either party may
terminate this agreement without cause and for any
reason by giving five days advance written notice of
termination to the other party.
3.
Term.
The term of this agreement is for a
period of
23
days.
This agreement shall commence on
December 27, 1988 and terminate on January 26, 1989.
4. provision for Pavment.
Payment to CONSULTANT
for services provided under this agreement shall be at
the rate of $26.0538 per hour and in no event shall
exceed $26.0538 per hour.
CONSULTANT shall maintain and
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file with the City Administrator's Office a record of
hours expended on assigned projects and the City
Administrator's Office shall submit a claim or request
for payment to the Finance Department every two weeks.
The parties estimate that the services hereunder will
require approximately forty-four (44) hours. Notwith-
standing the foregoing, CONSULTANT shall devote all
hours necessary to the projects assigned by the City
Administrator to insure adequate performance hereunder.
CONSULTANT shall assume and pay all out-Of-pocket
expenses and costs of performing services under this
agreement and CITY shall not be liable for such costs
and expense.
5. Taxes. CITY shall withhold Social Security,
Federal and State income taxes from CONSULTANT's pay.
6. Amendments. This agreement may be amended or
modified only by written agreement signed by both
parties.
7. Assianment.
agreement shall not be
other person, firm or
written consent of CITY.
8. Attornev's Fees. In the event that an action
is filed by either party to enforce rights under this
agreement, the prevailing party shall be entitled to
recover reasonable attorney's fees in addition to any
other relief granted by the court.
CONSULTANT's rights under this
assigned by CONSULTANT to any
corporation without the prior
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9. Acknowledament.
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(a) CONSULTANT acknowledges and
agrees that
rights and
ideas and
CITY is the sole and exclusive owner of all
remedies in and to certain confidential
secrets concerning the operations ,of CITY, any products
or information resulting, in whole or in part, from the
work performed under this agreement, and all products or
information derived or to be derived from said work,
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regardless of whether CITY's or CONSULTANT's work is
subject to patent, copyright, or other protection.
(b) In the event that any work performed under
this agreement is or becomes the subject of a patent
application, patent, copyright, or other rights under
the laws of the united States or any other country,
CONSULTANT agrees and understands that CITY shall have
all of the rights and remedies available to CITY under
the laws as a result of such patent applications,
patents, copyrights, or other rights.
10. Entire Aqreement. This contract constitutes
the entire agreement between CITY and CONSULTANT and may
be modified only by further written agreement between
the parties.
IN WITNESS WHEREOF the parties have executed this
agreement on the day and year first above written.
CITY OF SAN BERNARDINO
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] ATTEST:
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S}(auna Clark
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4JJJJtJ /J
Michael Loehr
6 Approved as to Form and
Legal Content:
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