Approved Agreements and Contracts 2024/06/11 Expungement Clinic with GUNS

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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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