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CITY OF SAN BERtQRDINO - REQUEST ~R COUNCIL ACTION
From: James E. Robbins
Su~~: Contract for Planning Services --
Michael Loehr
Oept: City Administrator
Date: 12/15/89
Synopsis of Previous Council action:
Recommended motion:
Adopt resolution.
Contact person:
James E. Robbins
Phone: 5122
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Sourca: (Acct. No.!
(Acct. Descriotion)
Financa:
Council Notes:
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH MICHAEL LOEHR TO PERFORM
CONSULTING SERVICES FOR THE PLANNING DEPARTMElCT, 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
, 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
repealled.
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
1989, by the
,
fOllowing vote to wit:
AYES:
Council Members
NAYS:
ABSENT :
City Clerk
3/24/89
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Resolution of the City of San Bernardino Authorizing the
Execution of an Agre..ent with Michael Loehr to Perform
Consulting Services For the Planning Department.
The foregoing resolution is hereby approved this
day of
, 1989.
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and 1&981 content:
/l /2
i~)'f;~
r7'y A torney
3/24/89
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AGREEMENT
THIS AGREEMENT is made and entered into this
day of , 1989 by between the CITY OF SAN
BERNARDINO, a municipal corporation, 300 North "0"
Street, San Bernardino, California, referred to as
"CITY", and Michael Loehr, referred to as "CONSULTANT"
CITY and CONSULTANT agree as follows:
1. General DescriDtion 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 Aareement. 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 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
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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.
CONSULTANT's rights under this
assigned by CONSULTANT to any
corporation without the prior
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.
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9. Acknowledament.
(a) CONSULTANT acknowledges and agrees that
CITY is the sole and exclusive owner of all rights and
remedies in and to certain confidential ideas and
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,
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 Aareement.
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
Evlyn wilcox, Mayor of the City
of San Bernardino
3/24/89
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1 ATTEST:
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Shauna Clark
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4IJ,jJt; /,j
Michael Loehr
6 Approved as to Form and
Legal Content:
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3/24/89