Mayor's Commission on Communities of Color (Meets 2nd Monday of each month at 5:30 p.m.)

Office of the Mayor Jim Paine, Mayor Nick Raverty, Chief of Staff Phone: (715) 395-7212 1316 North 14th Street, #301 Fax: (715) 395-7590 Superior, WI 54880 TDD: (715) 395-7521 Website: www.ci.superior.wi.us E-mail: mayor@ci.superior.wi.us AGENDA MAYOR'S COMMISSION ON COMMUNITIES OF COLOR MONDAY, APRIL 12, 2021 5:30 P.M. – Virtual Attendance https://meet.google.com/iph-ahpt-qcq +1 617-675-4444 PIN: 916 541 950 1922# Members: Chair Deanna Reder, Deonne Nelson, Natasha Lancour, Jenny Van Sickle, Pat St. Germaine, and Kat Werchouski AGENDA: 1. Roll Call 2. Approval of March 8 minutes 3. Presentation from Linda Cadotte, Director of Parks, Recreation, & Forestry 4. Discuss city staff training 5. Any other business 6. Adjournment The City of Superior complies with the Americans with Disabilities Act of 1990. If you are in need of an accommodation to participate in the public meeting process, please contact Nick Raverty at (715) 395-7212 by 4:30 pm on Friday prior to the scheduled meeting. The City will attempt to accommodate any request depending on the amount of notice we receive. Notice is hereby given that a majority of the members of the Common Council may be present at the meeting, and although this may constitute a quorum of the Common Council, the Council will not take any action at this meeting. c: City Clerk’s Office Public Access – via e-mail  Office of the Mayor Jim Paine, Mayor Nick Raverty, Chief of Staff Phone: (715) 395-7212 1316 North 14th Street, #301 Fax: (715) 395-7590 Superior, WI 54880 TDD: (715) 395-7521 Website: www.ci.superior.wi.us E-mail: mayor@ci.superior.wi.us MINUTES MAYOR'S COMMISSION ON COMMUNITIES OF COLOR MONDAY, MARCH 8, 2021 5:30 P.M. – Virtual Attendance Members Present: Chair Deanna Reder, Deonne Nelson, Jenny Van Sickle, and Kat Werchouski Others Present: Mayor Jim Paine, Councilor Ruth Ludwig, Todd Janigo, Shelley Nelson, Nick Raverty, Michael Gendron, and Mary Stone-McConnell The regular meeting of the Mayor’s Commission on Communities of Color was called to order at 5:36pm on Monday, March 8. 1. Roll Call 2. Approval of February 8 minutes Motion to approve by Commissioner Werchouski, second by Commissioner Van Sickle, and approved unanimously. 3. Presentation from Ruth Ludwig, Superior Community Gardens Board Ruth Ludwig gave a short presentation on the work of Superior Community Gardens and asked for input on how to increase diversity amongst participants. Feedback was given from a variety of commissioners about targeted marketing, hosting events or having specific planters for culturally specific plants, starting a seed bank, etc. 4. Discuss city staff training Motion to postpone until the April 12 meeting by Commissioner Nelson, second by Commissioner Van Sickle, and approved unanimously. 5. Discuss the naming of Moccasin Mike Rd Mary Stone-McConnell spoke to the history of the point and its impact on the community. Commissioner Van Sickle also spoke to the community response she has received and the importance of acknowledging this culturally significant area correctly. Commissioner Van Sickle submitted several stories to be received with the minutes for this meeting. This conversation will now move to the May meeting of the Wisconsin Point Committee. c: City Clerk’s Office Public Access – via e-mail  6. Any other business 7. Adjournment The meeting was adjourned at 6:42pm. The City of Superior complies with the Americans with Disabilities Act of 1990. If you are in need of an accommodation to participate in the public meeting process, please contact Nick Raverty at (715) 395-7212 by 4:30 pm on Friday prior to the scheduled meeting. The City will attempt to accommodate any request depending on the amount of notice we receive. Notice is hereby given that a majority of the members of the Common Council may be present at the meeting, and although this may constitute a quorum of the Common Council, the Council will not take any action at this meeting. c: City Clerk’s Office Public Access – via e-mail Raverty, Nick From: Van Sickle, Jenny Sent: Wednesday, March 10, 2021 10:23 AM To: Raverty, Nick Subject: Fwd: Wisconsin point Jenny Van Sickle 907-738-2891 Superior City Council Begin forwarded message: From: Donna Ennis <donnaennis@yahoo.com> Date: March 6, 2021 at 3:37:37 PM CST To: "Van Sickle, Jenny" <VanSicklej@ci.superior.wi.us> Subject: Re: Wisconsin point Yes, please submit it. It is a pretty thorough history of the area.I have attached a photo of my great grandparents Albert “Leo” Lord and his wife Margaret Lucius Lord. Leo Lord was the first 1 postmaster in Superior. This is their wedding photo taken in Superior. Sent from my iPad On Mar 6, 2021, at 10:04 AM, Van Sickle, Jenny <VanSicklej@ci.superior.wi.us> wrote: Good morning, Donna! Thank you for sending this, you are a talented writer. Would it be ok with you if I submitted this in the council record to be preserved? Below is my cell, please feel free to call anytime so we can talk more. 2 Bob Miller and I are going to walk around the Point for a bit today to talk more ways to honor Native history, language preservation, tradition, art, music, food, dance... and hopefully returning the name of this road to reflect Ojibwe perseverance and respect. I’m often stunned at the cavernous void of Ojibwe culture in this town. We’ve got to do better. What are your thoughts? Gunalchéesh! Jenny Van Sickle 907-738-2891 Superior City Council On Mar 6, 2021, at 9:42 AM, Donna Ennis <donnaennis@yahoo.com> wrote: Hello I am a family historian and a descendent of Chief Osaugie. I have a scrapbook kept by my great grandfather who was a grandson of the chief. Anyway, I wrote the attached paper for a law class that I was taking. <Indian Right of Occupancy.docx> 3 Raverty, Nick From: Van Sickle, Jenny Sent: Wednesday, March 10, 2021 10:23 AM To: Raverty, Nick Subject: Fwd: Barron Essay and article Subject: Barron Essay and article 1 2 3 Jenny Van Sickle 907-738-2891 Superior City Council 6 Raverty, Nick From: Van Sickle, Jenny Sent: Wednesday, March 10, 2021 11:26 AM To: Raverty, Nick Cc: Paine, Jim Subject: Obit for minutes Let’s make note of the three generations of Michael Brights Jesse Bright, uncle of M.S. Bright, Sr Attorney M.S. Bright, Sr. arrived in Superior 1854 Attorney M. S. Bright Jr. lived in Superior 1890-1906 from the state of Indiana Michael C. Bright of Virginia, MN 1 3 Jenny Van Sickle 907-738-2891 Superior City Council 4 Raverty, Nick From: Van Sickle, Jenny Sent: Wednesday, March 10, 2021 10:23 AM To: Raverty, Nick Subject: Fwd: Wisconsin Point Road Suggestion Jenny Van Sickle 907-738-2891 Superior City Council Begin forwarded message: From: "Van Sickle, Jenny" <VanSicklej@ci.superior.wi.us> Date: March 1, 2021 at 7:24:57 PM CST To: Bruce Brunette <brucebrunettefl@gmail.com> Subject: Re: Wisconsin Point Road Suggestion Hello, Bruce! I really, really appreciate you sharing this history. I freely admit, I’m newer to the area and I am still learning so much about the rich and dynamic history of the founding First Nations people. Far too many aren’t taught clear history and word of mouth fades over time. I’m not clear how or if ‘Moccasin’ Mike best contributes to the Ojibwe story and heritage leading out to the point or more broadly, of NW Wisconsin/Superior. I hope to unite generations of Native voices during this recognition/process. Please keep in touch, I will be compiling this history over the next few months. Gunalchéesh! Thank you! Jenny Van Sickle 907-738-2891 Superior City Council On Mar 1, 2021, at 4:16 PM, Bruce Brunette <brucebrunettefl@gmail.com> wrote: Hi Jenny, 1 THANK YOU! I just read the Duluth Trib Feb 27 article that my brother Brian told me about where you want to change the name of WI Point Road. He still lives in Superior and said he knows you from working a short time at the Senior Center. I didn’t realize that Moccasin Mike was not Native, but just the son of a county commissioner. Thank you SO MUCH for bringing this history to light. My Dad is William Alexander Brunette, whose name is on the sign at the Chippewa Burial Ground that he created. He is also responsible for arranging the transfer of Native remains to St. Francis Cemetery. He was Chairman of the SIO, the Superior Indian Organization, and was a leader in helping Native Americans in the city. He was also very active in the city, serving on advisory committees, including the one that brought the SS Meteor to Superior. He owned a furniture store on Tower Ave and was a WWI veteran and a member of the VFW, Legion, Moose Club and others. I have attached his November 1989 Superior Telegram obituary with more details, including that Mayor Bruce Hagen named a day as William Brunette Day after he died. Bruce knew him well and can provide more details. Dad moved to Superior in about 1930 and married my Mom in 1936. Rather than just naming the road Wisconsin Point Rd, how about calling it William Brunette Road. It would be a huge honor to him and to our family and all the work he did for the Native and non Native community. I see you are also Native, so you know the importance to honoring our people. There are not many chances that we get and you have a golden opportunity to do just that. Dad was born and raised on the White Earth Reservation and Brian and I are both enrolled members. I now live in Sarasota FL but get back to Superior when I can. Brian said he may stop by this week and talk w you. I have also attached some photos, including one with my Mom at the lake cabin we had on the reservation. Thank you again Jenny for all you have done. Pls give me a call if you need more info or just want to talk. Bruce Brunette, 941‐223‐6373 brucebrunettefl@gmail.com <Wm A Brunette obituary.jpg> <Bill and Veronica at reservation cabin, 1979.jpg> <Mom Dad at Superior VFW.jpg> <Bill's Furniture Business card.jpg> 2 3/31/2021 Superior councilor hopes to end 'mockery' by changing Moccasin Mike Road name | Superior Telegram 18° Vaccine Tracker E-Paper Account SUBSCRIBE NOW Trending Articles $4 for 16 weeks CORONAVIRUS GOVERNMENT AND POLITICS G Douglas County will host community-based Workshop focuses on Superior's future COVID-19 vaccination clinic TRANSPORTATION Superior councilor hopes to end 'mockery' by changing Moccasin Mike Road name Van Sickle said she doesn’t have a particular name in mind for the road, but had considered offering Wisconsin Point Road, an extension of the road that traverses the point. Written By: Shelley Nelson | 4:00 pm, Feb. 25, 2021 A i k th b i l d Wi i P i t (J d C l / 2020 fil / S i T l ) https://www.superiortelegram.com/business/transportation/6904729-Superior-councilor-hopes-to-end-mockery-by-changing-Moccasin-Mike-Road-name 1/8 3/31/2021 Superior councilor hopes to end 'mockery' by changing Moccasin Mike Road name | Superior Telegram A sign marks the burial ground on Wisconsin Point. (Jed Carlson / 2020 file / Superior Telegram) 18° Vaccine Tracker No one’s really sure how the road between U.S. Highways 2/53 and Dutchman’s E-Paper Creek Account got its name. SUBSCRIBE NOW $4 for 16 weeks Long known as Moccasin Mike Road, councilor Jenny Van Sickle is hoping to change that after the Winterfest Medallion Hunt was canceled this year when those searching for the prize disturbed the G Indigenous burial ground on Wisconsin Point. “This kind of mockery leads to an absence of respect and knowledge,” Van Sickle said of the name of the road that leads to Wisconsin Point. To honor the sacred space, a newly recognized Wisconsin historical site, she said it’s time to change the name of the only road leading to Wisconsin Point. RELATED: After medallion hunters damage Indigenous burial grounds on Wisconsin Point, radio station cancels contest Newsletter signup for email alerts RELATED: Wisconsin Point named to state historic register Van Sickle consulted former Douglas County Board supervisor Terry White and conducted research into the name's history. She’s not convinced “Moccasin Mike” was Indigenous, she said. According to records compiled by the Works Progress Administration and interpreted by the Chequamegon History blog, the Douglas County Board and city of Superior saw the need for a year- round road to Lake Superior and Wisconsin Point in the early 1890s. Douglas County Board member Michael S. Bright Jr., son of “Moccasin Mike” S. Bright Sr., was active in building the road on the site of the old Osaugie Trail, named for Chief Joseph Osaugie. The younger Bright inherited his father’s nickname, and the Douglas County Board designated the new road as the Moccasin Mike Trail. The name stuck. Van Sickle said she doesn’t have a particular name in mind for the road, but had considered offering Wisconsin Point Road, an extension of the road that traverses the point. https://www.superiortelegram.com/business/transportation/6904729-Superior-councilor-hopes-to-end-mockery-by-changing-Moccasin-Mike-Road-name 2/8 3/31/2021 Superior councilor hopes to end 'mockery' by changing Moccasin Mike Road name | Superior Telegram 18° Vaccine Tracker E-Paper Account Renaming it for Osaugie might be confusing, she said. Superior’s waterfront trail along the bays was named for the chief who signed the Treaty of 1854 SUBSCRIBE at La NOWPointe on behalf of the Fond du Lac Band of $4 for 16 weeks Lake Superior Chippewa. G Jason Serck, Superior's economic development, port and planning director, said he has just begun researching the process for renaming roads, and he discovered a portion of unplatted city-county road was platted as Coolidge Drive. Changing the road's name is something Van Sickle said she thought about doing for a long time, but events surrounding the medallion hunt “illuminated” the need to make it a priority. “Whoever Mike was, he’s held this designation for a long time, and we’ve got to get it right,” Van Sickle said. Midwest Communications canceled its Winterfest Medallion Hunt on Feb. 12 after receiving word of “damage and disrespect” at the burial grounds on Wisconsin Point. Mayor Jim Paine said there was no permanent damage done to the site, and he’s not aware of anything being unearthed despite rakes and shovels being used to nd the medallion. The issue prompted the mayor to send police to the site that afternoon, and they stayed until well after dark, he said. “It was a lot of people trancing around the burial ground, not there to visit the burial ground,” Paine said. The proposal will go before the Mayor’s Commission on Communities of Color at 5 p.m. March 8. Van Sickle also wants members of the Wisconsin Point Committee to weigh in. Their next scheduled meeting is at 5 p.m. May 11. Ultimately, it would be the city's Plan Commission that would rename the road of cially. Related Topics SUPERIOR INDIGENOUS WISCONSIN POINT FOND DU LAC BAND OF LAKE SUPERIOR CHIPPEWA https://www.superiortelegram.com/business/transportation/6904729-Superior-councilor-hopes-to-end-mockery-by-changing-Moccasin-Mike-Road-name 3/8 3/31/2021 New conversations being had around Moccasin Mike Road | www.WDIO.com (/weather/?zip=55814) (/weather/?zip=54880) (/weather/?zip=55746) (/weather/?zip=54843) New conversations being had around Moccasin Mike Road New conversations being had around Moccasin Mike Road Michael Gendron Updated: March 08, 2021 09:17 PM Created: March 08, 2021 08:33 PM The City of Superior is considering changing the controversial name of the road leading to Wisconsin Point. The road intersecting with Wisconsin Point Road is currently named Moccasin Mike Road after M.S. Bright. Bright was a former supervisor to the county board who went by the name “Moccasin Mike” a tactic some claim was a disingenuous attempt to draw the support of Indigenous voters back in the 1890s. “Moccasin Mike” wasn’t the only politician who used this tactic. Contemporaries of his utilized other monikers such as “Firewater”, “Wigwam”, and “Tomahawk”. Bob Miller, a 7th generation descendant of Chief Osaugie who used to live in the area now known as Wisconsin Point, doesn’t feel the name “Moccasin Mike” actually reflects the people who used to call the area home. EMAIL Miller NEWSLETTERS said he used to come out to the area with his Uncle and hear stories about his grandmother’s upbringing out there. Email Address "I've spent a lot of time out here, this is like coming home," explained Miller, “As I got older, I got more and more interested in it so I started digging into the history Include andNews Breaking stuff of what happened to the village out here, why was it moved." Alerts × SIGN ME UP » https://www.wdio.com/superior-wisconsin-news/moccasin-mike-road/6036406/ 1/8 3/31/2021 New conversations being had around Moccasin Mike Road | www.WDIO.com One of those discoveries was a name for path that predated “Moccasin Mike”. "This was originally called the Osaugie Trail and that’s all it was; a trail,” said Miller, “There was no road out here." Miller believes that returning “Osaugie” to the name of the road would be appropriate, but that what he’s really looking for is just recognition of the people who settled there. "Personally, I think it should be reflective of the people who lived out here, not just Osaugie, but there were large number of families who lived out here,” said Miller, “What I would like is some kind of recognition that we were here. We did make contributions to Superior." To critics of the name change, Miller said he doesn’t think a name change would be erasing history, but the opposite. "We're not canceling culture, we're bringing ours out where it used to be." He also said that he’d tour anyone around the area, “even those who object to the name change; them especially,” said Miller, “I would invite them out to learn the history of this place before they come to any hard fast decisions." At the Mayor's Commission on Communities of Color Monday night, officials agreed to keep gathering information on the road and area, and will continue to have the conversation concerning the road’s name going forward. Credits Michael Gendron Copyright 2021 WDIO-TV LLC, a Hubbard Broadcasting Company. All rights reserved RECOMMENDED FOR YOU × https://www.wdio.com/superior-wisconsin-news/moccasin-mike-road/6036406/ 2/8 3/31/2021 City, indigenous leaders advocate to change the name of Moccasin Mike Road City, indigenous leaders advocate to change the name of Moccasin Mike Road 00:00 02:18 March 5, 2021 9:27 pm Natalie Grant NORTHWEST WISCONSIN, TOP STORIES 8 https://kbjr6.com/2021/03/05/city-indigenous-leaders-advocate-to-change-the-name-of-moccasin-mike-road/ 1/9 3/31/2021 City, indigenous leaders advocate to change the name of Moccasin Mike Road SUPERIOR, WI-- Wisconsin Point is a popular place to take in the sights and sounds of Lake Superior. A lot of people don't realize it's also rich in Native American history. Before the sandy beaches and hiking trails, Wisconsin Point was home to the Fond du Lac Band. "My family has been living out here, well they did live out here, for a couple of hundred years," said Bob Miller, a 7th generation descendant of Chief Osaugie. A satellite village used to occupy the end of the point, but was moved many years ago. Now, descendants of the original people who occupied the land are asking the city to better represent the point's history by changing the name of the road that leads to it. "It's kind of a recognition that we were here and that we still are," said Miller. According to Miller, Moccasin Mike was not an indigenous man, but rather the nickname given to a local politician. "One of the things that they had back then to try and build up support from the Native community was they would take nicknames, and Moccasin Mike was his nickname," said Miller. Now, Miller and his family want a new name for the road. They want it to be a collaborative decision. "It needs to be decided on by all the stockholders. The city government, the city councilors, the families that were out here. I think it needs to be something we can all agree on," said Miller. While nothing has been decided yet, Miller says a change like this could bene t everyone. "Social change is dif cult, and it always will be. In this time period right now, it's a time really to sit down and re ect before these changes come in," said Miller. Before the name change can happen, it must go through city committees before landing in front of the city council. Superior City Councilor Jenny Van Sickle has shown her support for the change. "This will be a slow, educational and healing process," said Councilor Van Sickle in a statement. "It is without question the duty of Superior to build a stronger relationship with the First Nations." https://kbjr6.com/2021/03/05/city-indigenous-leaders-advocate-to-change-the-name-of-moccasin-mike-road/ 2/9 3/31/2021 City, indigenous leaders advocate to change the name of Moccasin Mike Road According to Van Sickle, the public will be invited to a Wisconsin Point Committee meeting later this year to learn more about the proposed change and share their thoughts. Natalie Grant MORE STORIES Whitmer doubles Michigan’s daily vaccination goal to 100,000 March 31, 2021 8:34 am https://kbjr6.com/2021/03/05/city-indigenous-leaders-advocate-to-change-the-name-of-moccasin-mike-road/ 3/9  Indian Right of Occupancy Chief Joseph Osaugie was born in 1802 in Michigan. He was Chief and headman of the Fond Du Lac band of Ojibwa, he was chief of an Ojibwa village located variously on Wisconsin Point and at several sites in Douglas County, WI. He signed the 1854 treaty. As the Ojibwe Nation divided and expanded west from Sault St. Marie region, the southern branch came to the area known as Lac Vieux Desert. Osaugie’s father was Chief Kash-oshe, he was born in 1780 and signed the 1842 Treaty as first chief of the Vieux Desert Band. Chief Kash-oshe and his cousin Kaka-bachine (screech owl) were very skilled hunters and the members of his tribe were very jealous of them. They sprang his traps and ruined their caches to such an extent that they decided to leave this trapping ground and relocate on Wisconsin point.1 Joseph Osaugie, the name means “entry to river”. He was made chief by President Franklin Pierce. The Chief’s trapping lines ran from the Point to Lake Nebagamon. The line also extended over Lake St. Croix, which he called diving waters. He also came to dividing waters for roots and herbs of medicinal value as they could not be found in the lake country. The most desolate and at the same time the most expensive unimproved land in Wisconsin lies here, off of the Superior Harbor, a throwback to the primitive days of the United States conquest of the Indian lands, a bone of contention over which nearly $1,000,000 has been spent already…Two generations have been born, loved, fought, reared families and complete the human span in death since the conflict over Wisconsin Point had its inception. A third generation is springing up, grounded as firmly in the principles of aboriginal ownership of the Point as were those of old Chippewas under Chief Osaugie, who opposed the dickerings (sp) with the white man back in 1841.2 Wisconsin Point is 300 acres of desolation over which the snow-laden winds swirl from the long reaches of Lake Superior and the northland. A few jack pines dot its expanse. Wild grasses, brush and sand dunes cover it. It looks like a land that God forgot. Yet in the eerie winds that thresh the cones from the jack pines and whistle through the stubbles growth the red men of the white age hear the voices of a long line of ancestors about the council fires of the happy hunting grounds protest against the passing of the last of the Chippewa domains. Legends of great warriors and tales of mighty huntsmen ride every breeze that caresses the peninsula and in every gale that lashes the point the red children of a great Indian nation see the wrath of the mighty Chippewa aroused. 3 “Tradition has it that the Wisconsin Point cemetery dates back to a time prior to the coming of Father Allouez [1665]…” 4 The cemetery dates from the 17th century (ca 1680’s) and was the burial place of Chief Mongosit (Loon’s Foot) and Chief Joseph Osaugie and their families. Charles Lord, (great, great grandfather) who moved to Superior in 1854, said that he “had seen as many as two hundred Indians on the point.” An 1895 Superior Evening Telegram story indicated that some Ojibwe Indians still had habitations on both Minnesota Point and Wisconsin Point. The article went on to say that “over 100 graves in the Indian cemetery on Wisconsin Point are covered with little houses, some of which were made more than 50 years ago.” The article also gave the following description of the Wisconsin Point burial ground: “It is situated nearly a quarter of a mile east of the light-keeper’s residence and is environed by a grove of tall pines and balsam. As far as neatness of arrangement is concerned, there are not many cemeteries around the head of the lake that will compare with it. Of late years all of the graves that have been made there are enclosed by white picket fences. Nearly every grave is covered with live forever and forget-me-nots, two of the prettiest flowers that grow wild around Superior.” Chief Blackbird, head of the La Pointe band of Chippewas, gave an interview in 1915: “I came here first with the chiefs when I was a little boy, so high (designating his height with one hand) to attend a council of all of the Indians around here called to consider the plan to have the Indians further west,” said the chief. The council was held shortly after the signing of the Treaty of 1842 by which the Indians ceded Superior and the surrounding territory to the federal government. “There were Indians living all around this country, but the only village near where Superior is now was at the entry to the harbor,” went on Blackbird. “What is now the heart of the city then was covered with scrubby Norwood pine trees and much of it was swamp.” 5 In 1840 government began negotiation for possession of the land. The negotiations went through Chief Osaugie, Fond du Lac Band of Chippewa Indians, for possession of the land. In 1842 the overtures of the whites were successful, and a treaty was drawn up whereby the federal government obtained the 300-acre peninsula with the understanding that the Indians might continue to live there until ordered off by the President of the United States, after which homes would be provided on the Fond du Lac Reservation in Minnesota. The treaty marked the beginning of prolonged era of litigation and armed warfare. The United States Steel corporation envisioned enormous docks being built to handle its iron and steel shipments. Five years after the treaty was signed, Frank Lemieux married a daughter of Chief Osaugie and took up residence on the Point. Lemieux was half Indian and half French. Lemieux begin to resist the encroachment of the corporation. In 1853 land speculation was at its height in Northwest Territory. The American Land Company had estates in Indiana, Illinois, Michigan, Wisconsin, Mississippi, and Arkansas. The Preemption Act allowed individuals to claim federal land as their personal property. To preserve ownership, the claimant had to accomplish specific things to legitimize the claim. One way was to reside on the land. Another was to work consistently to improve the land for at least five years. It was not necessary that the claimant have title to the land. Living there and working toward improving the stake were enough. However, if the land remained idle for six months, the government could step in and take the property. 6 In 1854 Joseph A Bullen made proof of his preemption entry and got a receiver’s receipt for the land. A month later, in March, however the President ordered the land reserved for military purposes. And in the following May the land department issued an order suspending the entry of Bullen. In 1855 the land was released from the military reservation and the entry rights of Bullen were recognized by the government. Subsequently Bullen sold the Point to the Agate Land Company, a subsidiary of United Steel Corporation. Lemieux did not relish the idea of heir domain being converted into a forest machinery and devices. Lemieux continued over the years to contest Bullen’s entry and to obtain from the government the title to the land. In 1891 the patent was finally issued to Bullen on his entry in 1854. Lemieux appealed this decision to the Secretary of the Interior, but the decision was affirmed. Several of the heirs moved to the City of Superior but they always maintained some member of the family on Wisconsin Point to protect their title to the land through uninterrupted possession. In 1914, the federal government made plans to dig up the burial ground so that the land could be used by industry. Congress supplied $5000 to be used for such a project. Many Ojibwe Indians fought against the removal of the burial ground. There was a native couple who lived in a house on Wisconsin Point near the burial ground. The two had served as caretakers of the burial ground since the 1860’s. They had owned the property under old squatter’s laws but were ordered to leave their home in 1914. The man told the Duluth News Tribune that “I will die fighting” and inferred that after his death his spirit would continue to protect the sacred burial ground. Frank Drew, who was involved with the fight to remove the burial ground was quoted: “The white men have stolen the Indians’ land from them. Now, not satisfied, they would tear up the bodies of the Indian dead in order that they may have even the last resting place of our ancestors.” 7 The Lemieux heirs continued to lay fresh claim to the land, disregarding the Treaty of 1842 and pointing to their uninterrupted habitation of the land. In 1920 they sued the Agate Land Company. The Lemieux family claimed that a man had defrauded them out of their property. Following a lengthy hearing Judge W.R. Foley on October 28, 1924 rendered a decision stating that the Agate Land Company had clear title to the land. He did rule that the burial ground did indeed belong to the Lemieux’s. During the 1950’s, Wisconsin Point was an active area for powwows. In October of 1985, a monument was dedicated in honor of the deceased Ojibwe who were buried at the Wisconsin Point burial ground. The monument was placed at Wisconsin Point at the burial location. Its plaque reads: “HERE WAS THE BURIAL GROUND OF THE FOND DU LAC BAND OF THE CHIPPEWA PEOPLE DATING FROM THE 17TH CENTURY. IT WAS REMOVED IN 1918 TO ST FRANCIS CEMETERY.” Legal Analysis Johnson v. M’Intosh (1823) is a case primarily related to land issues and the interpretation of the Doctrine of Discovery in the United States. Doctrine of Discovery mean that ownership of lands lay with the government whose subjects explored and occupied that land whose inhabitants were not subjects of a European monarch. In the United States it meant that when Europeans “discovered” North America, their claim over North America superseded any American Indian claims. 8 When the government began negotiation for possession of the land on Wisconsin Point in 1840 it was clear that through the Johnson v M’Intosh decision that the Indians did not own land outright, but that they had rights to occupy lands and only the discovering nation (U.S.) could settle those land rights. Indians could not sell lands to individuals and states do not have legal standing to settle aboriginal land claims. It was ruled that only the federal government could negotiate with Indians over land rights. 9 In letters to President Woodrow William written by heirs of Chief Osaugie in 1914 it becomes apparent that the heirs were tricked and lied to by the government and the Indian Commissioners. PETITION To our Beloved and Most Honored President Woodrow Wilson…. Dear President Wilson and Commissioner Sells, Whereas , we respectfully and confidently approach the presence of President Wilson, whom we revere and love as a King Arthur, and Commissioner Sells, as a Sir Galahad, the first as a fighter of trusts, the second as too good to be bought with liquor, gold, and Whereas , the United States Steel Corporation has laid claim to title to our Wisconsin Point owned for over seven generations by our Osaugie family of the Fond du Lac Reservation of the Chippewa Tribe of Indians, and Whereas, we feel outraged that as to our property rights, secure, we thought, by right of squatters claim and by right of adverse possession on extending over a hundred and fifteen years, and also as to our hearts, insulted and wronged by the doings of traitor friends and conspirators, the Bardon Brothers, who have borrowed our papers which were given to Chief Osaugie of our Fond du Lac Band in the treaty of 1854 with the Ojibway and were destroyed and then our land was sold to various white men and then into the hands of the United States Steel Corporation….Whereas, Agent Cross of Cloquet, supposed to be our protector, states he recommended years ago to the Indian Office that the Government purchase the land from the United States Steel Corporation…but we the undersigned , to hereby register our remonstrance against the legality of the title to Wisconsin Point that the United States Steel Corporation holds. We quote from a letter from Congressman Clarence B. Miller: “The Government has the legal right to appropriate and use for their benefit money belonging to Indians and in the hands of the government, independent of the consent of the Indians. I do not think they have the moral right to do so, however, against the wishes of the Indians in any matter peculiarly within the sentiment of knowledge of the Indians.” We do bitterly remonstrate against the legality of the title of the United States Steel Corporation. We do ask investigation of this so-called title. We do enter vigorous claim to the land of our fathers and the graveyard of our ancestors in the name of right of occupancy. The United States Supreme Court developed the “Canons of Construction,” a set of rules to be used by all courts in the United States when dealing with treaty interpretation issues. The two main points are treaties are to be interpreted as the Indian participants understood them at the time negotiated; and ambiguous language is to be resolved in favor of the tribes, for a number of reasons—treaties were written in English and their terms not well understood, plus the American Indian signatories were often chosen by federal government negotiators. 10 Article II and III of the 1842 Treaty state: ARTICLE II. The Indians stipulate for the right of hunting on the ceded territory, with the other usual privileges of occupancy, until required to remove by the President of the United States, and that the laws of the United States shall be continued in force, in respect to their trade and inter course with the whites, until otherwise ordered by Congress. ARTICLE III. It is agreed by the parties to this treaty, that whenever the Indians shall be required to remove from the ceded district, all the unceded lands belonging to the Indians of Fond du Lac, Sandy Lake, and Mississippi bands, shall be the common property and home of all the Indians, party to this treaty. If the canons of construction were applied Wisconsin Point would have stayed in possession of the heirs of Chief Osaugie Citations 1. The Evening Telegram September 2, 1925 2. The Milwaukee Journal December 14, 1924 3. Harry Zander of the Milwaukee Journal staff 4. Superior Evening Telegram June 5, 1914 5. Superior Telegram February 17, 1915 6. Wikipedia 7. Superior Evening Telegram August 28, 1914 8. http://www.teachmyaamiahistory.org 9. Id 10. https://www.saulttribe.com/  Request for Proposal and Qualifications - 2021 Diversity and Inclusion Employee Training CITY OF SUPERIOR, WISCONSIN Cammi Koneczny Human Resource Director Bid #xx-xx-xx  TABLE OF CONTENTS 1. Advertisement for Proposals ................................................................................................ 3 2. Schedule of Activities ................................................................................................................ 4 3. Information for Prospective Service Consultant ........................................................ 5 4. Statement of Qualifications Requirements ...................................................................... 7 5. Scope of Services............................................................................................................................. 8 5.1 Purpose ........................................................................................................................................ 8 5.2 Background ................................................................................................................................ 8 5.3 Evaluation Criteria ..................................................................................................................... 9 6. Addenda Acknowledgement .............................................................................................. 11 7. Agreement....................................................................................................................................... 12 Employee Training 2  1. Advertisement for Proposals Request for Statement of Proposal and Qualifications City of Superior, Wisconsin Professional Services for Diversity and Inclusion Employee Training Proposals will be received by the City of Superior, at 1316 North 14th Street, 2nd floor, Attn: Contract Analyst, Superior, WI 54880. Proposals will be evaluated by City staff. Proposals Due: Proposal Due Date: <<Weekday>>, <<Month>> <<Day>>, 2018 at <<TIME>> PM Project: The purpose of this request for proposals (RFP) is to select qualified and experienced individuals and/or organizations to provide online Diversity and Inclusion Training to the City of Superior employees. The City of Superior has approximately 245 employees. All proposals must be prepared on the form provided and submitted in accordance to the Instructions to Consultant/Firm. Specifications may be obtained through the Internet at DemandStar.com via the City of Superior’s web page or by phoning Demand Star at 1- 800-711-1712. Proposal requirements may be viewed at the City of Superior, Government Center, 2nd Floor, 1316 North 14th Street, Superior, Wisconsin (715-395- 7557). The City of Superior encourages the participation of minority, women-owned and disadvantaged business enterprises. The City of Superior reserves the right to reject any or all proposals, to waive irregularities, or to accept such proposals, as in the opinion of the City, will be in its best interests. Cammi Koneczny Human Resource Director Superior Telegram: <<Weekday, Date>> and <<Weekday, Date>> Employee Training 3  2. Schedule of Activities Subject: Diversity and Inclusion Employee Training RFP#: xx-xx-xx Due Date: <<Weekday, Date>> Time Due: <<Time>> DATE EVENT <<Date>> RFP Released <<Weekday>>(s) <<Date>> Publication Dates and <<Date>> <<Weekday>> <<Date>> Pre-Proposal Conference: <<Time>> <<Weekday>>, <<Date>> Deadline for Questions <<Weekday>>, <<Date>> Final Addendum Issued <<Weekday>>, <<Date>> Sealed Proposals Due: <<TIME>> Week(s) of <<Date>> Potential Interview(s) and <<Date>> <<Weekday>>, <<Date>> City Council vote on firm recommendation Week of <<Date>> Sign Agreement Week of <<Date>> Training commences Employee Training 4  3. Information for Prospective Service Consultant 3.1 Proposals will be accepted until <<Time>> on <<Weekday>>, <<Date>>. Any proposals received after this time may not be considered. The proposal packet shall be placed in an envelope and shall be sealed. On the envelope shall be plainly written: the date of the opening, the title of the project and the name of the proposer. Respondent shall submit one (1) unbound original and two (2) bound copies of qualifications documents. 3.2 This is a qualifications based selection. The Proposal, Statement of Qualifications, Qualifications Reference Form, Qualification Evaluation Checklist, reference checks, and interviews (at the option of the City) will be used to identify the most competitive firm(s). The City reserves the right to identify competitive firm(s), as in its opinion, will be in its best interests. 3.3 The City of Superior and its designees will review the proposals and select the most highly qualified and cost competitive firm(s) to contact for further screening as it deems appropriate. 3.4 The consultant shall submit a list of their subcontractors as a part of their proposal, which list shall not be added to nor altered without the written consent of the City of Superior, and as specified in 66.0901 Wisconsin Statutes. 3.5 The RFP will detail costs, terms, and conditions. The City reserves the right to amend the Request for Proposal and will provide a written amendment to all known parties receiving the request. Respondents shall acknowledge all addenda received. 3.6 Firms must submit a proposed cost in accordance with the specifications. Proposed cost must be written out in words and also entered in figures. In case of conflict, the written word prices will prevail. In case figures do not match, the figure resulting in the lower price shall be deemed the price intended and applicable. 3.7 Firms not returning the completed RFP within the specified time frame may be disqualified. Irregularities in the completed RFP documents may be considered sufficient cause for disqualification. 3.8 Subsequent to the RFP deadline, the City will prepare a recommendation as to which proposal to award, if any. The recommendation of the City may be subject to the approval of the Superior Common Council. 3.9 The Consultant will be required to sign a standard City Service Agreement (example attached) and provide proof of insurance for errors and omissions, property damage, public liability and workman’s compensation. 3.10 Proposals may be amended and/or withdrawn prior to the proposal opening time. Proposals may not be withdrawn for a period of ninety (90) days after the submission deadline. 3.11 Proposals are prepared and submitted at the sole cost and expense of the respondent, and shall become the property of the City of Superior; proposal documents will not be returned. Employee Training 5 3.12 Respondents will indemnify the City of Superior from any and all debts, claims, and liabilities arising out of the proposal or the performance of the services as a result of the consultant’s error, omissions, neglect, etc. 3.13 The City reserves the right to negotiate with respondents on the scope of the services, fees, timelines, and all other components of the services, whether or not the proposal was deemed the lowest cost to the City. 3.14 Firms may not subcontract any work without prior written authorization by the City of Superior. 3.15 This shall in no way bind or prevent the City of Superior from performing, requesting quotes or proposals, bidding, or contracting any services separately. 3.16 Trade secrets and confidential information contained in a Proposal are not open to public inspection. Pricing is not confidential information. Proposers who include information in a Proposal that is legally protected as a trade secret or confidential information must clearly indicate the specific protected information by marking that information “Trade Secret” or “Confidential” at the appropriate place. The City will not be responsible for any public disclosure of the trade secret or confidential information if it is not marked as provided above. A Proposal in its entirety is not confidential. If a request is made under the Wisconsin Public Records Law Wis Stat. §§ 19.31-19.39 to inspect information designated as trade secret or confidential in a Proposal, the Proposer shall, upon request, immediately furnish sufficient written reasoning as to why the information should be protected from disclosure in order for the City Attorney to present the matter to the Attorney General of Wisconsin for final determination. 3.17 During this Proposal process, Proposer shall not contact any City Staff except those designated in the text of this RFP or subsequent addendums or correspondence. Questions should be addressed in writing to the Contract Analyst, via e-mail: darwinj@ci.superior.wi.us prior to <<Deadline for Questions Date>> at 12:30 PM. Please reference RFP #xx-xx-xx and line number being referenced. Non-compliance with this provision may result in rejection of the Proposal. Employee Training 6 4. Statement of Qualifications Requirements Respondent shall submit one (1) unbound original and two (2) bound copies of qualifications documents. 4.1 Submit a cover letter or executive summary with the name and contact information of the firm or individual with a brief history and description of the firm. Include resumes or bios of those who will be providing services. Any subcontracting of services must be described. 4.2 Describe the experience of the firm and its consultants in providing similar services for similar size government entities. Further, describe demonstrated outcomes as a result of the work performed in government organizations. 4.3 Provide a description of the approach you and your firm use when training with government entities on matters related to diversity and inclusion. Tell us what you believe most firmly in your practices and what guides your diversity and inclusion work. Provide sample copies of training materials used with and presentations made to similar government entities. 4.4 Provide a list of three verifiable government references, of similar size to the City of Superior that you have performed previous similar employee training. 4.5 Provide a proposed schedule of fees for all chargeable services including how fees are structured. Fees must be broken down to include, but not limited to, trainer fees, development of on-line training module, costs of supplies and materials, and other direct costs. 4.6 Provide any known facts which would or could create a conflict of interest with the City of Superior if you were awarded a contract. 4.7 Provide any other relevant information and/or additional services that can be used in the proposal evaluation process. Employee Training 7 5. Scope of Services 5.1 Purpose The purpose of this request for proposals (RFP) is to seek and select qualified and experienced individuals and/or organizations to provide one pre-recorded online Diversity and Inclusion Training to the City of Superior (City). Diversity and Inclusion Training allows for employees to recognize, respect and value the differences that lead to innovative approaches and diverse thought. The training should focus on building awareness and on building skills. The training must be designed to deliver the following elements to a wide range of job classifications within the City.  Understand the importance of diversity  Learn how to manage values that are linked to a diverse workplace  Understand how individuals and organizations build invisible walls  Comprehend the attributes of diversity  Develop an awareness of the factors that influence culture  Discover why communications is key  Building an inclusive environment with diversity and inclusion best practices  Unconscious Biases  Eliminate biases, judgments and preconceived notions  Working in a Multi-Generational Workplace  Understand how much we have in common  Develop techniques to build bridges to stronger relationships One pre-recorded online training is requested to be created. The pre-recorded training must not exceed 1.5 hours in length. The training will be scheduled with employees in an individual, self-directed format. The online training will not be used as live training. Training of all employees is to be completed by December 31, 2021. The City of Superior Director of Human Resources will be the primary contact and administrator of the training. 5.2 Background The City of Superior is located in northwestern Wisconsin, in Douglas County. The City of Superior has a population of 27,217. The City of Superior employs approximately 245 employees. No organization-wide training has been done in the area of diversity and inclusion in the past. Employee Training 8 5.3 Evaluation Criteria Proposals shall be evaluated by the Director of Human Resources, Contract Analyst, Finance Department staff, and any others deemed appropriate by the City. Evaluation of Proposals shall be based on the following criteria: 1. Understanding of and approach in providing services 2. Demonstrated qualifications and experience in this work and providing these services to government entities 3. References 4. Proposed fees City reserves the right to include any other items that is deemed appropriate at the time of evaluation. Employee Training 9 Employee Training 10 6. Addenda Acknowledgement (Must be submitted with Proposal) Diversity and Inclusion Employee Training I/we hereby acknowledge receipt of the following addenda(s): Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated I/we further certify that no agreement has been entered into to prevent competition for said work and that I/we carefully examined the site where the work is to take place, and the plans, specifications, form of contract and all other contract documents. I/we further agree to enter into the contract, as provided in the contract documents, under all the terms, conditions and requirements of those documents. * If no addenda were issued, the consultant/firm shall so indicate and sign this document. ________________________________________ Company Representative Signature Employee Training 11 7. Agreement (example for purposes of the RFP) Professional Services Agreement for the Diversity and Inclusion Employee Training This agreement, made this _____ day of_________________, 2021, by and between, _______________________________, an Incorporated business (herein known as ‘Consultant’), and the City of Superior, a municipal corporation (herein known as ‘City’). The parties to this Agreement shall be bound by the following terms and conditions. Purpose The purpose of this request for proposals (RFP) is to seek and select qualified and experienced individuals and/or organizations to provide pre-recorded online Diversity and Inclusion Training to the City of Superior (City) employees. Background and Objective <<Background and Objective>> Scope Consultant services include, but are not limited to, all of the tasks, activities and requirements included in Exhibit A, “Scope of Services” and other tasks and responsibilities as identified by the City of Superior. By reference, Exhibit A is hereby incorporated into this Agreement, but shall not in any way restrict the services provided by Consultant, nor prohibit the City from requesting other tasks or procedures germane to the Agreement. If there are other tasks identified by the Public Works Director that are beyond the scope identified in Exhibit A, these will be considered extra services and can be added to this agreement by an amendment. Term The term of this agreement shall be from the date of the agreement through December 31, 2021. Services and Fees Costs shall be full compensation for services performed or services rendered and for all labor, materials, supplies, equipment, incidentals, applicable taxes, fees and applicable expenses, necessary to complete the services for a not to exceed amount of __________________________, attached bid and incorporated herein by reference. All other expenditures shall be the sole responsibility of the Consultant. Changes to services and/or fees are agreed to by both parties and acknowledged in an amendment signed by both parties. Payments Consultant may invoice the City on a monthly basis during the progress of the work for partial payment on account for work completed and accepted to date, and shall not Employee Training 12 impose any penalties or interest for amounts invoiced. The invoice shall be itemized and in a form satisfactory to the City, of expenses incurred in the previous period. The City shall pay agreed upon amounts within thirty (30) days of receipt. Insurance Consultant shall provide up-to-date, accurate professional liability information on Consultant’s Data Record, including amount of insurance, deductible, carrier and expiration date of coverage. Consultant shall furnish the City with an endorsement for earlier notice of cancellation and/or non-renewal and the Certificate of Insurance showing the type, amount, deductible, effective date and date of expiration of such policy. Consultant shall not cancel or materially alter this coverage without prior written approval by the City. Consultant shall be responsible for consultants maintaining professional liability insurance during the life of their Agreement and for 2 years after final acceptance for the service. Consultant and its subconsultants retained under the terms of this Agreement shall procure and maintain professional liability insurance providing for payment of the insured's liability for errors, omissions or negligent acts arising out of the performance of the professional services required under this Contract. It is hereby agreed and understood that the insurance required by the City is primary coverage and that any insurance or self-insurance maintained by the City, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the agreement or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) The general aggregate must apply separately to this project/location 3. BUSINESS AUTOMOBILE COVERAGE A. $1,000,000 combined single limit for Bodily Injury and Property Damage Employee Training 13  each accident B. Must cover liability for Symbol #1 - "Any Auto" - including Owned, Non-Owned and Hired Automobile Liability. 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease - Each Employee 5. UMBRELLA LIABILITY - Provide coverage at least as broad as the underlying Commercial General Liability, Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. 6. ADDITIONAL INSURANCE PROVISIONS A. Primary and Non-contributory requirement - all insurance must be primary and non- contributory to any insurance or self-insurance carried by City B. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VII, and who are authorized as an admitted insurance company in the state of Wisconsin. C. Additional Insured Requirements - The following must be named as additional insureds on the General Liability and Business Automobile liability coverage arising out of project work - City, and its officers, council members, agents, employees and authorized volunteers. This does not apply to Workers Compensation Policies. D. Deductibles and Self-Insured Retentions - Any deductible or self-insured retention must be declared to and approved by the City. E. Evidences of Insurance - Prior to execution of the agreement, the Consultant shall file with the City a certificate of insurance (Accord Form 25-S or equivalent) signed by the insurer's representative evidencing the coverage required by this agreement. Agreement General Terms and Conditions 1. No Relationship. Consultant understands and agrees that the relationship of Consultant and the City arising out of this agreement is that of a contracted service provider, not an employee or contracted employee of the City or any other entity within the municipality, and therefore, is not entitled to any benefits provided to employees of the City. 2. Taxes. Consultant will act as an independent contractor and will be responsible for all federal, state and local taxes arising in accordance with this contract, as well as any other taxes, fees or licensing expenses pertaining to these services. Employee Training 14 3. Confidentiality. Consultant shall diligently protect the confidentiality of any information, documentation or communication received from the City that contains personal, financial or other information of a confidential nature, and shall not disclose said information to any other persons, organizations or entities without the expressed written approval of the City. 4. Qualifications. By accepting this agreement, Consultant represents that they possess the necessary skills and qualifications to perform work under this agreement. Consultant will comply with all applicable local, state, and federal licensure requirements and will provide proof upon request. 5. Legal Relations. Recommendations, policies, procedures and other communications provided by the Consultant under this agreement will comply with all applicable laws, ordinances, rules and regulations promulgated and enforced by the City and any other proper authority having jurisdiction over the conduct of the operations of the City. The Consultant shall comply with and observe federal, state and local laws that may be applicable to the project. In carrying out provisions of this Agreement or exercising power or authority granted to the Consultant thereby, there shall be no personal liability to the City, it being understood that in such matters the City acts as representatives of the State. The Consultant is not an agent of the State. 6. Assignment of Agreement. The Consultant shall not subcontract, assign or transfer any part of this work to any other parties without the express written agreement of the City. 7. Claims. Claims, disputes and other matters in question arising from the performance of this contract shall be brought to the Director of Human Resources, whose decision shall be final. 8. Indemnifications. Consultant hereby agrees to indemnify, defend and hold harmless the City its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys' fees, costs, and expenses of whatsoever kind or nature in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of Consultant or of anyone acting under its direction or control or on its behalf, even if liability is also sought to be imposed on the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers. The obligation to indemnify, defend and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, shall be applicable unless liability results from the sole negligence of the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers. Consultant shall reimburse the City, its elected and appointed officials, officers, employees, Employee Training 15 agent or authorized representatives or volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. In the event that Consultant employs other persons, firms, corporations or entities (subcontractor) or volunteers as part of the work covered by this Agreement, it shall be the consultant’s responsibility to require and confirm that each sub-contractor enters into an Indemnity Agreement in favor of the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers, which is identical to this Indemnity Agreement. This indemnity provision shall survive the termination or expiration of this Agreement. 9. Final Payment. Prior to final payment, the Human Resources Department shall review project documents, recommendations, tasks and procedures, etc., and all other recommendations submitted by Consultant to determine the satisfaction thereof; it will be at the Human Resources Department’s sole discretion when the final payment is made. Final payment will be made to Consultant within thirty (30) days of the City’s acceptance of services as complete. 10. Deficiencies. Consultant shall not be entitled to payment for work found deficient or failing to conform to the requirements set forth in this agreement, and is not entitled to further payments until corrected to the satisfaction of the Director of Human Resources. The City will inform the Consultant of any deficiencies and/or items that do not conform to this agreement within thirty (30) days of receipt. 11. Termination. This Agreement may be terminated by either party without cause upon ten (10) days written notice to the other. In the event of termination, Consultant shall be paid for services performed to termination date. The results of the work by Consultant shall immediately be turned over to the City of Superior, and is a condition of final payment. 12. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the maters contained herein, and supersedes all other written and oral agreements between the parties with respect to such matters. 13. Modification. This Agreement is binding only when signed by both parties. Any modifications or amendments must be in writing and signed by both parties. 14. Force Majeure. Each party shall be excused from any breach of this Agreement which is caused by war, strike, act of Nature or other similar circumstances normally deemed outside the control of well-managed businesses. 15. Governing Law. The Agreement will be interpreted, and the rights and liabilities of the Parties determined, in accordance with the laws of the State of Wisconsin. 16. Headings and Captions. Headings and Captions appear solely for convenience of reference. Such headings and captions are not part of this agreement and shall not be used to construe it. Employee Training 16 17. Validity. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 18. Integrated Agreement. This Agreement contains the entire agreement and understanding among the Parties regarding the matters set forth herein and supersedes all previous negotiations, discussions, and understandings regarding such matters. The Parties acknowledge and represent that they have not relied on any promise, inducement, representation, or other statement made in connection with this Agreement that is not expressly contained herein. The terms of this Agreement are contractual and not a mere recital. 19. Safety And Security. The Consultant shall at all times perform in a safe and workmanlike manner to avoid injury or damage to any person or property. The Consultant shall comply with applicable requirements and specifications relating to the safety, health and sanitation measures applicable to the project. The Consultant shall exercise the applicable necessary precautions for the safety of its employees, and be in compliance with applicable federal, state and local laws, statutes, ordinances, rules and regulations. Including, but not limited to, the Wisconsin Labor Code, The U.S. Department of Transportation Omnibus Transportation Employee Testing Act, and OSHA standards. The Consultant shall provide its employees all necessary safeguards, devices and protective equipment, including but not limited to adequate life protection and lifesaving equipment, and shall ensure the proper inspection and maintenance of safety measures are current and in compliance. The City may halt progress on any project where appropriate safety measures and equipment are not being used or any safety regulations are not being followed. Services will not be permitted to resume until required safety provisions have been made and delays as a result of this provision will not be considered a basis for an increase in the Agreement price or an extension of the completion deadline. 20. Standard of Care. Consultant represents that it will perform the Services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same locality. To the extent Consultant’s services do not meet this standard of care; Consultant shall re-perform its work at no cost to the City. 21. Appropriation. State and/or Federal funds may be used to fund all or part of this Agreement. Allowances detailed in the Project scope shall be awarded at the City’s discretion, and is subject to available funding, project progress and other terms and conditions as identified by the City. The City will not be held liable for any damages incurred due to changes in State or Federal funding, including (but not limited to) a reduction, delay, or cancellation of the project. Employee Training 17 The parties, intending to be legally bound have executed this agreement on the day and year set forth above. Signatures Company: Address: Phone: _____________________________ __________________________________ President Vice President ATTEST: CITY OF SUPERIOR, WISCONSIN ___________________________________ City Clerk Mayor ___________________________________ Finance Director City Attorney Provision has been made to pay the liability that will accrue under this contract. *Approved by Superior Common Council on Employee Training 18  Exhibit A Employee Training 19