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HomeMy WebLinkAboutPriebe Law Office CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5115 FAX(920)236-5106 LETTER OF TRANSMITTAL To: Priebe Law Office Date: October 2, 2013 2800 E. Enterprise Avenue, Ste. 10 Project: N/A Appleton, WI 54913 From: David Praska Re: Contractor Agreement Attn: Bradley Priebe Please find: ® Attached ❑ Under Separate Cover El Copy of Letter ® Contracts El Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars El Change Order El Plans El Specifications El Estimates El Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Original signed contractor agreement These are being transmitted as indicated below: El For Approval El For Your Use El As Requested ❑ For Review& Comment Remarks: Signed: Cdi :g ,4 Carol Marchant cc: City Clerk (original) Human Resources (copy) City Attorney (copy) D t OCT 022013 CITY CLERK'S OFFICE AGREEMENT THIS AGREEMENT, made on the { day of October, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and PRIEBE LAW OFFICE, LLC, 2800 E. Enterprise Avenue, Suite 10, Appleton, WI 54913, party of the second part, hereinafter referred to as the (CONTRACTOR), WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following Agreement. ARTICLE I. ENGAGEMENT AS INDEPENDENT CONTRACTOR / CREDENTIALS The relationship between the City and Contractor created under this Agreement is that of principal and independent contractor. Neither the terms of this Agreement nor the performance thereof is intended to create an employer/ employee relationship. Contractor shall not delegate, transfer or assign its duties or responsibilities under this Agreement without written consent of the City. During the period of this Agreement and any extensions thereof, Contractor shall at Contractor's sole expense, maintain all necessary licenses and credentials for the performance of the duties and responsibilities contained herein. ARTICLE II. REPRESENTATIVES The City shall assign the following individual to manage this Agreement: David Praska, Assistant City Attorney Contractor shall assign the following individual to manage this Agreement: Attorney Bradley J. Priebe ARTICLE III. SCOPE OF WORK The Contractor shall provide all municipal prosecution services to the City of Oshkosh, including, but not limited to the review and prosecution of all municipal citations for adults and juveniles, civil procedure requirements, pre-trial and post-trial motions, trials, and appeals. The Rules of Professional Conduct for Attorneys 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 referred for prosecution by the Oshkosh Police Department without specific consent from the City Attorney. 1 ARTICLE IV. TERM The initial term of this Agreement shall be for a period of three(3) years and the Agreement shall automatically renew for additional one (1) year terms until terminated as provided herein. ARTICLE V. CITY REPONSIBILITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to perform Contractor's duties under this Agreement. The City may, as funding may allow, pay for continuing legal education classes or specialized subscriptions or other materials for Contractor/Consultant specific to the performance of this Agreement. ARTICLE VI. STANDARD OF PERFORMANCE The Contractor/Consultant shall perform the services under this agreement with reasonable diligence and expediency consistent with sound professional practices and the Rules for Professional Conduct. ARTICLE VII. CONSIDERATION A. Direct Payments. The City shall pay to the Contractor/Consultant for the performance of the contract Fifty-one Thousand One Hundred dollars ($51,100.00) per year billed in monthly fees of Four Thousand Two Hundred Fifty Eight dollars ($4258) per month. Contractor shall notify the City in advance of any weeks in which he will not be available due to vacations or other anticipated absences. B. Access to Medical Benefit Plan. Consideration for performance shall also include Contractor/Consultant's access to the City's self-funded Medical Benefit Plan as described in this Agreement. C. Method of Payment. The Contractor/Consultant shall submit monthly statements for services. The City shall pay the Consultant within 30 calendar days after receipt of such statement. D. No Additional Costs. The amount set forth in paragraph A shall include the entire amount due to Contractor for his/her services. Contractor shall not be entitled to any additional costs or expenses incurred in the performance of the work under this Agreement. E. Review of Fees. The parties may review and adjust the Contract Sum during any term of this Agreement. ARTICLE VIII. PARTICIPATION IN CITY OF OSHKOSH MEDICAL BENEFIT PLAN The City of Oshkosh shall permit Contractor's employee,Attorney Bradley Priebe, to participate in the City of Oshkosh Medical Benefit Plan as follows: 2 1. Eligibility criteria are specified in, and limited to, the City of Oshkosh's Master Plan Document definitions for "Employee", "Family Member", "Retired Employee" and "Surviving Family Member". 2. Criteria and eligibility dates, enrollment, termination and options to elect continuation of coverage are specified in, and limited to, the provisions of the Master Plan Document. 3. The Employee Portion of the Monthly Plan Cost as defined in the Master Plan Document shall be shown as a credit upon the monthly invoice from Contractor and is due each month for coverage for the next month. 4. Reporting of new"Family Members" and any changes thereto, or any changes in the status of any person participating in the Plan are due to the City as soon as possible, and no later than specified within the City's Master Plan Document using standard City enrollment forms. Contractor shall indemnify and hold harmless the City of Oshkosh for any non- compliance by the Contractor with State or Federal Law or Regulations, the Master Plan Document, the City's Stop Loss Policy, and/or any late reporting of enrollment changes to the City. Contractor acknowledges the City's right in its own discretion to amend the Plan including but not limited to amending coverage offered under the Plan and to changing the Monthly Plan Cost and share to be paid by employees and Contractor under the Plan. Contractor acknowledges the City's right in its own discretion to terminate the Plan. Upon expiration or termination of this Agreement, all eligible claims outstanding at the time of expiration or termination shall be paid in full. Should funds not be sufficient to cover all outstanding claims, the City shall assume the liability for payment of such claims. Any residual amount remaining in the Plan after payment of such claims shall be the property of the City. Participation in the Medical Benefit Plan does not confer any other rights or benefits otherwise available to a City employee, nor explicitly or implicitly classify the Contractor/Consultant as a city employee for any purpose. ARTICLE IX. CONTRACTOR TO HOLD CITY HARMLESS The Contractor/Consultant covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor/Consultant, his agents or assigns, or his employees related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. 3 Subject to any limitations contained in Sec 893.80 and any similar statute, of the Wisconsin Statutes, the City agrees to hold Contractor, its officers, officials, employees, and agents harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of the terms of this Agreement where such liability is founded upon or grows out of the acts of omission of any City's officers, employees, or agents while acting within the scope of their employment. Nothing in this Agreement is intended as a waiver of the municipality's right or opportunity to rely upon the municipal limitations and immunities contained within Wisconsin law. Municipal immunities and limitations include, but are not limited to, Sections 345.05, 893.80, and 893.83, Wisconsin Statutes. Such damage limits, caps and immunities are intended to be preserved and are incorporated into this agreement and shall govern all disputes, contractual or otherwise, as they apply to the municipality and its agents, officers, and employees ARTICLE X. INSURANCE The Contractor/Consultant shall carry insurance according to the attached City of Oshkosh Insurance Requirements. ARTICLE Xl. TERMINATION A. At Any Time For Cause. If either party shall fail to fulfill in timely and proper manner any of the obligations under this Agreement at any time, the other party shall have the right to terminate this Agreement by written notice. In this event, the Contractor/Consultant shall be entitled to compensation for any satisfactory work completed. B. After the Initial Term For Convenience. Either party may terminate this contract after the completion of the Initial Term at any time by giving written notice to the other party no later than 30 calendar days before the termination date. If the Agreement is terminated under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. C. At Any Time upon Agreement of the Parties. This Agreement may be terminated at any time upon mutual agreement of the parties. ARTICLE XII. ENTIRE AGREEMENT I AMENDMENTS This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement, and supersedes all prior proposals, negotiations, agreements and understandings with respect thereto. This Agreement may only be amended by a written document duly executed by both parties. ARTICLE XIII. GOVERNING LAW. This license Agreement shall be interpreted, enforced, and governed by the laws of the State of Wisconsin, and any disputes shall be resolved in Winnebago County, 4 Wisconsin. ARTICLE XIV. SEVERABILITY. The determination by a court of competent jurisdiction that any term of this Agreement is invalid, illegal, or unenforceable shall not invalidate the remainder of the Agreement. In the Presence of: CONTRACTOR - PRIEBE LAW OFFICE, LLC By: _ :rad - . Priebe (Specify Title) CITY OF OSHKOSH By: �a--- �-f - Mark Aohloff, City Manager I1JML4 And: , (Wipes.) Pamela R. Ubrig, City CI rk °- APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue `A:MA • under this contract. »ity Attorn- City Comptroller 5