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AGREEMENT BETWEEN THE CITY OF MUSKEGON AND LAKESHORE CREATIVE SERVICES, LLC This agreement is made this 10th day of January, 2023, by and between City of Muskegon, a Michigan municipal corporation ("City") and Lakeshore Creative Service, LLC, a domestic limited liability company ("Lakeshore"), who agree as follows: RECITIAL 1. The City desires to have its City Commission meetings recorded and broadcasted on its cable television, public educational, and governmental ("PEG") access channels provided pursuant to federal law. 2. In exchange for broadcasting City Commission meetings, the City agrees to compensate Lakeshore and to encourage expansion of Lakeshore's responsibilities and access to City's Government Access Channel to broadcast programming consistent with PEG Channel purposes. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: SECTION 1. SCOPE OF SERVICES: Lakeshore shall provide the following services. 1.1 BROADCASTING LOCAL GOVERNMENT PROGRAMMING. Produce and broadcast, regularly scheduled, City Commission meetings, excluding work sessions, and meeting of other committees, boards and commissions that the City might require, and other reasonable programs or issues that the City Commission may deem necessary. 1.2 OTHER ACTIVITIES. Undertake other PEG access programming activities and services deemed appropriate by Lakeshore and consistent with the obligation to facilitate and promote PEG access programming and provide non-discriminatory access pursuant to an amendment( s) to this Agreement. SECTION 2. COMPENSATION: City shall compensate Lakeshore as follows: 2.1 CITY COMMISSION JvlEETINGS. Lakeshore shall be paid $450 per City Commission meeting. Payment shall be made in the calendar month following services provided. 2.2 EQUIPMENT Lakeshore paid up to $2,500 in 2019 for additional equipment, as approved in writing by the City Clerk. The equipment shall be owned by the City and shall be delivered to the City Clerk upon termination of this Agreement. 2.3 EXTRA SER VICES. City Clerk and Lakeshore may agree to additional services for a specified fee and insurance requirements. Such Agreement must be in writing and signed by both parties to be effective. SECTION 3. COPYRIGHT: 3.1 OWNERSHIP: The City shall own the copyright of any programs that the City requests Lakeshore to produce and Lakeshore agrees to assign all such rights to the City and shall execute all documents reasonably requested to effect such assignment and registration of copyrights assigned. Copyright of all other programs shall be held by the person(s) who produced the program. SECTION 4. NON-DISCRIMINATION IN: Lakeshore shall not discriminate in the delivery of services or against any person, employee, or applicant for employment or contract work on the basis of race, color, creed, religion, sex, sexual preference, marital status, ancestry, national origin or physical or mental disability. SECTION 5. INDEPENDENT CONTRACTOR: It is understood and agreed that Lakeshore is an independent contractor and that no relationship of principal/agent or employer/employee exists between the City and Lakeshore. If in the performance of this Agreement and third persons are employed by Lakeshore, such persons shall be entirely and exclusively under the control, direction and supervision of Lakeshore. All terms of employment, including hours, wages, working conditions, discipline, hiring and ยท discharging, or any other term of employment, shall be determined by Lakeshore and the City shall have no authority over such persons or terms of employment. SECTION 6. ASSIGNMENT AND SUBLETTING: Neither this Agreement nor any interest herein shall be assigned or transferred by Lakeshore, except as expressly authorized in writing by the City. SECTION 7. TERMS OF AGREEMENT: This Agreement shall be for a period of two years commencing January 10, 2023 and ending January 31, 2025, unless terminated earlier, as provided in this Agreement. SECTION 8. TERMINATION OF AGREEMENT/TRANSFER OF ASSETS: Either party shall have the right upon sixty (60) days written notice. SECTION 9. TIME: This is of the essence in this Agreement and for the performance of all covenants and conditions of this Agreement. SECTION 10. COOPERATION: Each party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement. SECTION 11. APPLICABLE LAW: This Agreement shall be interpreted and enforced under the laws of the State of Michigan. SECTION 12. NOTICES: All notices and other communication to be given by either paiiy may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows: TO: CITY OF MUSKEGON Attn: City Clerk 933 Terrace Street Muskegon, MI 49440 TO: LAKESHORE CREATIVE SERVICES, LLC Attn: Andy O'Riley NEED TO COMPLETE ADDRESS Any paiiy may change its address by written notice to the other party at any time. SECTION 13. ENTIRE AGREEMENT: This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or verbal. This Agreement may be amended only by written agreement and no purported verbal amendment to this agreement shall be valid. CITY OF MUSKEGON By ~ ~ Ken Johnson, Its Mayor ~ Ann Marie Meisch, Its Clerk LAKESHORE CREATIVE SERVICES, LLC ByM:- ~ner
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