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INTEROFFICE MEMORANDUM
CITY OF SAN BERNARDINO
TO:
FROM:
SUBJECT:
DATE:
Lucy Martinez, Deputy -Qi~l CIl..YK
Marilyn Dixon, Executive Secretary
Agreement with Michael Loehr
January 30, 1989
Per our telephone conversation this date, the agreement for the
Planning services of Michael Loehr has not been signed. After
discussion between the Acting City Administrator and Mr. Loehr,
several items within the agreement could not be agreed upon.
It is our intention to have these matters resolved in the near
future. We will keep you informed.
~~
MARILYN DIXON
Executive Secretary
cc: James E. Robbins
Acting City Administrator
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3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MICHAEL LOEHR TO PERFORM
4 CONSULTING SERVICES FOR THE PLANNING DEPARTMENT.
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RESOLUTION NO.
83-11
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 Michael Loehr to perform consulting services
for the Planning Department, a copy of which is attached hereto
marked Exhibit "A" and incorporated herein by reference as fully
as though set forth at length.
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I HEREBY CERTIFY tha~ the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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reqular
Bernardino at an adiourned/ ~etlng thereof, held on the
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h day of
Januarv
, 1989, by the following vote to
wit:
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Council Members Reilly, Flores,
AYES:
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Pope-Ludlam, Miller
NAYS:
Council Members Maudsley, Minor
ABSENT:
None
ABSTAIN: Council Member Estrada
~~~a/~~0/
Ci t'y Clerk
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Resolution of the City of San Bernardino Authorizing the
Execution of an Agreement with Michael Loehr to Perform
Consulting Services For the Planning Department.
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The foregoing resolution is hereby approved this /9(~
January
, 1989. ~
lfth~ ~22t~
E lyn Wl ~ox, Mayor /
City of San Bernardino
Approved as to form
and legal content:
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AGREEMENT
~eJJ ~t Y'f/t1
THIS AGREEMENT is made and entered into this day of
, 1989 by and between the CITY OF SAN BERNARDINO
a municipal corporation, 300 North "D" Street, San Bernardino,
California, referred to as "CITY", and Michael Loehr, referred
to as "CONSULTANT".
CITY and CONSULTANT agree as follows:
1. General Description of Work to be Done. CITY retains
CONSULTANT to perform planning services for the Planning
Department. Such planning services shall include, but are not
necessarily limited to, a report on General Plan matters noting
any outstanding issues from July through December 1988, a
specific plan for 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 Agreement. 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 January 3, 1989 and
terminate on January 26, 1989.
4. provision for Payment. 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 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
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2 payment to the Finance Department every two weeks. The parties
3 estimate that the services hereunder will require approximately
4 twelve (12) hours. Notwithstanding the foregoing,
5 CONSULTANT shall devote all hours necessary to the projects
6 assigned by the City Administrator to insure adequate perfor-
7 mance hereunder. CONSULTANT shall assume and pay all out-of-
8 pocket expenses and costs of performing services under this
9 agreement and CITY shall not be liable for such costs and
10 expenses.
11 5. Taxes. CITY shall withhold Social Security, Federal
12 and State income taxes from CONSULTANT's pay.
13 6. Amendments. This agreement may be amended or
14 modified only by written agreement signed by both parties.
15 7. Assignment. CONSULTANT's rights under this agreement
16 shall not be assigned by CONSULTANT to any other person, firm or
17 corporation without the prior written consent of CITY.
18 8. Attorney's Fees. In the event that an action is
19 filed by ei ther party to enforce rights under this agreement,
20 the prevailing party shall be entitled to recover reasonable
21 attorney's fees in addition to any other relief granted by the
22 court.
23 9. Acknowledgment~"
24 (a) CONSULTANT acknowledges and agrees that CITY is
25 the sole and exclusive owner of all rights and remedies in and
26 to certain confidential ideas and secrets concerning the
27 operations of CITY, any products or information resulting, in
28 whole or in part, from the work performed under this agreement,
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2 and all products or information derived or to be derived from
3 said work, regardless of whether CITY'S or CONSULTANT'S work
4 is subject to patent, copyright, or other protection.
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(b)
In the event that any work performed under this
6 agreement is or becomes the subject of a patent application,
7 patent, copyright, or other rights under the laws of the United
8 States or any other country, CONSULTANT agrees and understands
9 that CITY shall have all of the rights and remedies available
10 to CITY under the law as a result of such patent applications,
11 patents, copyrights, or other rights.
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10. Entire Agreement.
This contract constitutes the
13 entire agreement between CITY and CONSULTANT and may be modified
14 only by further written agreement between the parties.
15 IN WITNESS WHEREOF the parties have executed this agreement
16 on the day and year first above written.
17 CITY OF SAN BERNARDINO
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Evlyn Wilcox, Mayor of the City
20 of San Bernardino
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21 ATTEST:
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Shauna Clark
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Michael Loehr
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Approved as to Form and
Legal Content:
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(;;Y Attorney
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