HomeMy WebLinkAbout33961 / 86-126June 5, 1986
(CARRIED
PURPOSE:
INITIATED BY:
LOST LAID OVER
#126 RESOLUTION
WITHDRAWN )
APPROVE CONSULTANT AGREEMENT - CABLE TV FRANCHISE
CITY ADMINISTRATION
WHEREAS, the Cable TV Negotiating Committee, deeming it essential
to obtain the services of a professional consultant in negotiating a
new cable TV francise, has interviewed and does recommend the employ-
ment of Herbst & Thue, Ltd. of Bloomington, MN.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the
City of Oshkosh that the proper City officials are hereby authorized
and directed to enter into the attached agreement with Herbst & Thue,
Ltd for consulting services regarding the negotiation of a cable TV
franchise in the City of Oshkosh. Money for this purpose is hereby appro-
priated from Account No. 001-560, City Council Professional Services.
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SUBMTTTED BY
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Resol. 126
AGREEMENT
CITY OF OSHKOSH, WISCONSIN
AND
HERBST & THUE, LTD.
AGREEMENT entered into this day of �
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
vices as may, irom time co �ime,
litate the negotiating process.
provide such other legal ser-
be require� by the CiCy to iaei-
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 t$80.00) per hour. In addition to the
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hourly rate, the Attorneys are entitled
reasonable costs and expenses which must
tified on their billing. Attorneys will
Oshkosh at a rate of Seven Hundred Fifty
day plus expenses.
Resol. 126
to reimbursement for all
be itemized and iden-
attend meetings in
Dollars ($750.00) per
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. Zn the event the services
provided by Attorneys exceed this contract price, City shall take
into account factors such as delays or circumstances bayond 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:
To the Attorneys at:
City of Oshkosh
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisconsin 54902-1130
Attention: Mr. John W. Pence
City Attorney
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
1986.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
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Resol. 126
Upon proper execution, this Agreement shall be a legal and
binding obligation upon the City of Oshkosh.
CITY OF OSHKOSH (CITY)
L•a
its:
HERBST & THUE� LTD (ATTORNEYS)
By
Zts:
STATE OF MINNESOTA)
)SS
COUNTY OF )
On this day of , 1986, before me,
a notary public within and for said County and State, personally
appeared , ,
and , to me known to be the persons
named in and who executed the foregoing Agreement and acknowledge
that they executed the same as their free act and deed for the
uses and purposes therein expressed.
tary Public
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