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HomeMy WebLinkAboutHerbst & Thue, Ltc AGREEMENT CITY OF OSHKOSH, WISCONSIN AND HERBST & THUE, LTD. AGREEMENT entered into this 6th day of June 1986, between the CITY OF OSHKOSH (hereinafter referred to as "City" ) and HERBST & THUE, LTD. (hereinafter referred to as "Attorneys" ) . W I T N E S S E T H Scope of Services 1 . Legal services and other consulting services will be provided by the Attorneys during the entire cable television negotiations process relating to the award of a cable television franchise. 2. Services will include advising the City of all needs and requirements pursuant to the state and federal law, including the Cable Communications Policy Act of 1984 , as well as other appli- cable rules and laws in the development of a franchise ordinance and representation in franchising negotiations. This will include the preparation of a model franchise, attendance on an as needed basis at meetings of the City, and participation with City officials and agents. 3 . The attorneys will also assist in the review of the Warner proposal, draft a franchise document to be submitted to Warner, assist the negotiating committee in reviewing any written objections and assist in negotiations with Warner. The Attorneys will develop a final franchise document and all other documents necessary for the granting of a cable television franchise. 4 . The Attorneys will also provide such other legal ser- vices as may, from time to time, be required by the City to faci- litate the negotiating process. 5 . All work shall be performed in a good and professional manner. Nothing in this Agreement shall be construed as creating a relationship between the City and Attorneys as other than an attorney-client relationship. Cost of Services 1 . Services will be provided by the Attorneys at an hourly rate of Eighty Dollars ($80 .00) per hour. In addition to the -1- hourly rate, the Attorneys are entitled to reimbursement for all reasonable costs and expenses which must be itemized and iden- tified on their billing. Attorneys will attend meetings in Oshkosh at a rate of Seven Hundred Fifty Dollars ($750 .00) per day plus expenses . 2 . Billings will be provided in detail to the City on a regular, monthly basis and the City agrees to promptly pay all such charges . 3 . In no event shall attorneys' s fees and expenses exceed Ten Thousand Dollars ($10 ,000 .00 ) without the prior written con- sent of the City. This price includes preparation of the draft franchise document, four (4) meetings with the negotiating com- mittee, including negotiations, and preparation of the final cable television franchise document. In the event the services provided by Attorneys exceed this contract price, City shall take into account factors such as delays or circumstances beyond the control of Attorneys. 4 . This Agreement is subject to termination by either party by providing thirty (30 ) days notice to the other party. Notices Any notices to be given under this Agreement, shall be given by certified mail, shall be mailed to the parties at the following addresses: To the City at: City of Oshkosh 215 Church Avenue P .O . Box 1130 Oshkosh, Wisconsin 54902-1130 Attention: Mr. John W. Pence City Attorney To the Attorneys at: Herbst & Thue, Ltd. 2030 Northwestern Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Attention: Adrian E. Herbst Effective Date This Agreement shall be effective as of June 6 1986 . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. -2- Upon proper execution, this Agreement shall be a legal and binding obligation upon the City of Oshkosh. CITY OF OSH OSH (CITY) 1 fly Oeert,fy that DIP provisions By: have tr- v ; ic}� will William D. Frueh, City Manager And•. 1/1111.x; L/ 11.0,(Xia<2/Donna C. Serwa City Clerk HERBST & THUE, LTD1 (ATTORNEYS NO CORPORATE SEAL 'c `4 By: � Its : i1 _�/ i STATE OF WISCONSIN ) SS WINNEBAGO COUNTY ) On this IC, 't day of June, 1986, before me, a notary public within and for said County and State, personally appeared William D. Frueh, City Manager, and Donna C. Serwas , City Clerk of the City of Oshkosh, a municipal corporation, to me known to be the persons who executed the foregoing instrument, and to me known to be such officers of said corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said corporation, by its authority. '\:).Litc)\CIIA '*< Notary Public, Winnebt 7 Co WI My Commission: (21--(--, /- / '4(-) STATE OF MINNESOTA) SS COUNTY OF On this /.•SL day of � � , 1986, before me, a notary public within and for said C6inty and State, personally appeared , to me known to be the person named in and who executed the foregoing Agreement and acknowledged that they executed the same as their free act and deed for the uses and pur- poses therein expressed. Notary Public —% PATRICIA M.STEINMAN APPROVED �' •�� NOTARY PUBLIC-MINNESOTA ' DAKOTA COUNTY My Commission Expires Jan I et CI MR. EY 0e111(0614,WISCONSIN -3- HERBST & THUE, LTD. ATTORNEYS AT LAW 2030 NORTHWESTERN FINANCIAL CENTER 7900 XERXES AVENUE SOUTH ADRIAN E. HERBST TELEPHONE DANIEL D. TRUE BLOOMINGTON, MINNESOTA 55431-1178 (012) 835-2434 GARY R. MATZ JOHN F. GIRNS TOM TOGAS June 13, 1986 DIANE M. SCHMIDT JOHN M. STANOCH RICK E. MATTOX REESE E. GHEZICK Donna C. Serwas City Clerk City Hall 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54902-1130 Re: Our File Number 86-0155G Dear Ms. Serwas: I have enclosed the signed consultant contracts that you have forwarded to us. We appreciate very much the opportunity of representing the City of Oshkosh and are confident that the work that we will do on your behalf will be of benefit to your city. Mr. Gary Matz of our office will be the primary attorney assisting you in this contract assignment. However, should you at any time be unable to reach Gary, please do not hesitate to contact me. Again, thanks for employing our law firm as your consultant. Very t ly you I, I I�� Adrian E. erbst AEH:pms Enc.