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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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