The URL can be used to link to this page

Home My WebLink AboutMunicipal Prosecutor/Priebe ~... -(...~ CITY HALL 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 City of Oshkosh ~ OJHKOfH City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5106 http://www.ci.oshkosh.wi.us September 20, 2007 Atty. Bradley J. Priebe, Managing Associate KOHLER, HART & PRIEBE 5517 WATERFORD IN STE B APPLETON WI 54913-8488 Re: Request for Civil Prosecution proposal Dear Mr. Priebe: Thank you very much for responding to the City of Oshkosh Request for Municipal Prosecution Services, for your time in both preparing a response and for meeting with Lynn and me. I am pleased to send this engagement letter for these services The Request dated August 15, 2007, provides the outline for this engagement. Please allow me to amplify several items that we discussed in our September 17, 2007, meeting in my office. If the terms in this letter conflict with the provisions of the Request, the terms in this engagement letter shall prevail. . Scope of Representation: as outlined in the Request, you will provide all municipal prosecution services to the City of Oshkosh, with one exception: the City Attorney's Office will represent the City of Oshkosh for all appeals stemming from decisions made by the Oshkosh Common Council concerning matters related to Chapter 125 (Alcohol Beverages) of the Wisconsin Statutes. This engagement does not apply to your current, but separate, legal education updates to the Oshkosh Police Department. . Term of the Engagement: October 1,2007 through September 30, 2008. The term shall be automatically renewed for additional 12-month periods, not to exceed two renewal terms, provided neither party gives a written 50-day notice of intent not to renew. . Fee for Service: The fee for this engagement shall be $48,000.00, billed at the flat monthly rate of $4,000.00. The City shall pay within 30 days of your invoice sent to the (} Atty. Bradley J. Priebe September 20, 2007 Page 2 above address. If you propose to increase this fee for any renewal term, such notice shall be given at least 90 days prior to the end of this initial term or any renewal term. Wherever possible, invoices for out-of-pocket expenses such as fees for transcripts, for filing appeals, etc., should be submitted to this office for payment directly to the invoicing entity. Upon request, the City shall provide stationary, envelopes, postage and business cards solely for any services rendered under this engagement. . Insurance: You will provide certification on appropriate letterhead that the requested insurance policies are in place . Release of Liability and Indemnification: Because this is an independent contractor relationship between you, not the law firm, and the City and because you will have complete discretion under the Rules of Professional Conduct for Attorneys, you hereby release the City of Oshkosh, its officers, employees and agents, of all liability arising from your services under this engagement letter, and further agree to indemnify and hold harmless the CITY, its officers, employees and agents from and against any and all claims, demands, penalties, fines, causes of action, liabilities, settlements, damages, costs and expenses, including without limitation, attorneys' and consultants' fees, investigation fees, court costs and litigation expenses, and other costs of defense, known or unknown, contingent or otherwise, arising out of or in any way related to the negligence or intentional acts of any employee or agent of the County in the performance of his/her duties under the terms of this agreement, including, but not limited to liability for: (a) any personal injury or bodily injury (including wrongful death) or property damage (real or personal); (b) any lawsuit brought or threatened, settlement reached, or local, state or federal government or agency order, including, but not limited to claims costs, liabilities, or expenses, arising under federal state or local law; (c) any violation of laws, orders, regulations, requirements, or demands of any governmental authorities; and (d) any breach or violation of any contractual provision of whatever kind with any third party. I . Representation and Conflicts: The Rules of Professional Conduct for Attorney shall govern all matters concerning litigation against the City of Oshkosh or representation of clients that have interests which are directly adverse to the City. Additionally, you have agreed not to represent defendants in any criminal matters in Winnebago County brought by prosecution by the Oshkosh Police Department. This does not apply to other members of the Kohler and Hart law firm provided appropriate screening is in place. . Assignment: In addition to the requirements contained in the Request, your law firm will provide appropriate back-up services, in the event you are unable to perform, at no additional fee or expense to the City of Oshkosh. . ",". . .. Atty. Bradley J. Priebe September 20, 2007 Page 3 If the terms of this engagement are acceptable, please sign below where indicated and return one copy to me for our files. Again, thank you very much. Sincerely, CITY OF OSHKOSH Accepted this ~ day of September 2007 ~ Warren P. Kraft City Attorney .------------ ------------ ---------;----- - ------ ----------:--'-- -------.---- ------r- Wisconsin Lawyers Mutual j'...... INSURANCE COMPANY ,~ 49 Kessel Court Madison, WI 53711 LAWYERS PROFESSIONAL LIABILITY INSURANCE CLAIMS MADE AND REPORTED WlSconsin Toll Free: 800.373.3839 Office: 608.288.1866 Fax: 608.288.9299 E-mail;wilmic@wilmic.com Web Site: www.wilmic.com Policy No. WIL0703022 CERTIFICATE OF INSURANCE NAMED INSURED: Kohler & Hart, LLP ADDRESS OF NArv1ED INSURED: 735 North Water Street Suite 1212 Milwaukee WI 53202-4105 EXPIRATION DATE: 3/1/2008 LIMIT OF LIABILITY EACH CLAIM: $ 2,000,000 LIMIT OF LIABILITY AGGREGATE: $ 2,000,000 DEDUCTIBLE: $ 2,500 Applicable to each claim, including Claim Expenses ~_._---- --------------------- ---..-- -------.-----.---.-- -