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2024-55 CH) PLANNING DEPARTMENT 993 TERRACE ST. MUSKEGON, MI 49440 EXPUNGEMENT CLINIC AGREEMENT AGREEMENT made the 11th day of June, 2024, between the City of Muskegon Planning Department, 993 Terrace St., Muskegon, Michigan (the “City”), Gaining UNITY Through Non-violent Solutions, with an address of , Muskegon, Michigan (“G.U.N.S.”), and Janet Robinson. RECITALS: Whereas, G.U.N.S. has made a proposal to the City and the parties desire to reduce the terms and conditions of the City funding and clinics to be produced by G.U.N.S. to writing. IT IS THEREFORE AGREED: 1. Payment to G.U.N.S.: The City shall pay to G.U.N.S. the amount of Fifteen Thousand Dollars ($15,000.00) for each expungement clinic produced by G.U.N.S. pursuant to this Agreement. The City shall render the first payment to G.U.N.S. on June 14, 2024. The City shall render payment for each subsequent expungement clinic produced by G.U.N.S. pursuant to this Agreement at least 30 days prior to the date of the respective clinic. 2. Activity; G.U.N.S. shall operate three (3) expungement clinics pursuant to the terms and conditions of this Section (the “Event(s)”): i. The first Event shall occur in June 2024: the second Event shall occur in the third or fourth quarter of 2024; the third Event shall occur in the first quarter of 2025. il. Each Event must include all services necessary to properly complete an application for, and obtain a hearing to, expunge any misdemeanor or felony offenses eligible to be expunged under state law, which includes but is not limited to: a. Obtaining and reviewing the Michigan State Police’s Internet Criminal History Access Tool (“ICHAT”). 0208 Obtaining certified copies of convictions. Determining if the conviction is eligible for expungement. Completing an application to set aside a conviction. Obtaining fingerprints. f. Properly filing the application and required attachments with the Court and serving the same to the Michigan State Police, local prosecuting agency, and the Michigan Attorney General’s office. g. Obtaining a hearing date and appearing at the hearing. h. Obtaining a copy of the order granting the expungement and verifying the Court clerk shall serve all necessary parties with the same. In addition to the Services set forth in this Section, G.U.N.S. shall provide City of Muskegon residents additional services such as obtaining money orders ($50 per court), paid certified records if agreeable to court staff, and stamps for mailing of the applications. All services set forth in this Section shall be rendered free of charge to all interested persons. For each Event, G.U.N.S. shall keep the following records and produce the same upon request from the City: a. The total number of applications filed by G.U.N.S. separated by City of Muskegon residents versus non-residents. b. The total number of applications granted separated by City of Muskegon residents versus non-residents. c. The total number of applications denied separated by City of Muskegon residents versus non-residents. d. The total number of participants at each event whether or not an application is filed. e. The expenses of each Event. G.U.N.S. shall advise the City of the date, time, and location of each Event at least 60 days prior to the Event. Vi. G.U.N.S. represents and warrants that all professionals providing services at the Events shall be properly licensed and adhere to the professional standards recognized by Michigan law and that all non-professionals have the requisite knowledge and experience to provide the services described in this Section. G.U.N.S. further agrees that City of Muskegon residents filing applications to set aside a conviction through any of the respective Events is designated as a third-party beneficiary to this Agreement—G.U.N.S. agrees to pursue all applications to set aside a conviction through the hearing and final disposition of the application regardless of when such hearing is scheduled by the Courts. Vil. G.U.N.S. shall contract for, carry out, and be responsible for all obligations of the Events including but not limited to the location, suppliers, expenses, volunteers, and advertising except as specifically excluded in this Agreement. G.U.N.S. shall comply with all the laws of the United States and the State of Michigan, all local ordinances of municipal authorities, and will obtain and pay all necessary permits and licenses applicable to each and will not suffer to be done anything during the term of this agreement or by product of an Event in violation of any such laws, ordinances, rules or requirements. Hold Harmless: G.U.N.S. shail indemnify, defend and save the City harmless from and against any and all claims, actions, damages, liability, attorney fees, and expense in connection with the Events or as otherwise occurring as a result of the Events. Assignment: G.U.N.S. shall not assign its rights or obligations hereunder without the written consent of the City. Termination: Either party may cancel this Agreement by giving to the other written notice at least forty-five (45) days in advance of any scheduled Event, if any. Personal Guarantee: Janet Robinson, agent of G.U.N.S., agrees to personally guarantee G.U.N.S.’s obligations under this Agreement. Janet Robinson and G.U.N.S. shall be jointly and severally liable for any breach of this Agreement. Authority: The parties represent and warrant that the undersigned representatives have the authority to enter into this Agreement. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties, by their duly authorized officers have executed this agreement. CITY OF MUSKEGON PLANNING DEPARTMENT: ‘ By: Mike Franzak Its: Director Date:__¢. - [gry G.U.N.S. By: Janet Robinson Its: Date: 6 [20 [DA Janet Robinson (as to Section 6, personally) Date:
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