Approved Agreements and Contracts 2025/06/10 Expungement Clinic Agreement with G.U.N.S.

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                                                CITY OF


                                     id         MUSKEGON

                                Agenda Item Review Form
                            Muskegon City Commission

Commission Meeting Date: June 10, 2025              Title: Contract for exoungement clinics with
                                                    G.ULNS.


Submitted by: Mike Franzak, Planning Director       Department: Planning


Brief Summary:
The City has partnered with G.U.N.S. (Gaining UNITY through Non-Violent Solutions) for the past two
years to provide expungement clinics. This contract is for another three expungement clinics to be
held over the next year.

Detailed Summary & Background:
The City has partnered with G.U.N.S. (Gaining UNITY through Non-Violent Solutions) for the past two
years to provide expungement clinics. These services are paid for by the Muskegon Social Equity
Program, which is funded through excise tax dollars from adult-use marihuana. This contract is for
another three exoungement clinics to be held over the next year. These services are free of charge
to all residents of the city.


At their May 28 meeting, the Legislative Policy Committee recommended entering into an
agreement with G.U.N.S. to provide expungement clinic services.

Goal/Focus Area/Action Item Addressed:

Key Focus Areas:



Goal/Action ltem:
2027 Goal 3: Community Connection

Amount Requested:                                   Budgeted Item:
$45,000                                              Yes       X | No            N/A


Fund(s) or Accouni(s):                              Budget Amendment Needed:
101-701-801-002080                                   Yes           No       X | N/A


Recommended Motion:
| move to approve the contract with G.U.N.S. as presented.

Approvals:                                          Guest(s) Invited / Presenting:

 Immediate Division             Xx
                                                      No
 Head
                                                                 08S-~ 947 CH)


                            PLANNING DEPARTMENT
                               993 TERRACE ST.
                              MUSKEGON, MI 49440

                     EXPUNGEMENT CLINIC AGREEMENT

AGREEMENT made the lOMday of Juve, 2025, between the City of
Muskegon Planning Department, 993 Terrace St., Muskegon, Michigan (the
“City”), Gaining UNITY Through Non-violent Solutions, with an address of
95~ tO Beapduwoay                         , 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 payment for each expungement clinic produced by G.U.N.S.
       pursuant to this Agreement at least 15 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 the second quarter of 2025, the
              second Event shall occur in the third or fourth quarter of 2025;
              the third Event shall occur in the first quarter of 2026.

       ii.    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”).
                 Obtaining certified copies of convictions.
              0208




                 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. shall indemnify, defend and save the City
    harmless from and against any and ail 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 WHEREOPF, the parties, by their duly authorized officers have
executed this agreement.


CITY OF MUSKEGON PLANNING DEPARTMENT:



        ZLy
By: Mike Franzak
Its: Director /
Date.     (a/Awl I~




S CL.
G.U.N.S




ie Robinson /

i é TXé La        L.




Janet Robinson (as to Section 6, personally)
City of Muskegon/G.U.N.S Expungement Fair Estimates (6 fairs)

Date               Eligible/Partially | Ineligible | Blank     Total no. of
                   Eligible                         ICHATs | people
                                                               screened




6-10-23 City of    79 (44%)             71 (40%)    28(16%)   | 178
Muskegon
Expungement Fair


10-19-23 City of   Al (51%)             30 (88%)    8 (10%)    79
Muskegon
Expungement Fair


2-23-24 City of    32                   17         2           51
Muskegon           (63%)                (383%)      (4%)



6-22-24 City of    32                   14         6           52
Muskegon
Expungement Fair | (61%)                (27%)      (12%)



10-10-24 City of   39 (48%)             37 (47%)   4 (5%)      80
Muskegon
Expungement Fair


2-15-25 City of    89 (53%)             70 (42%)   9 (5%)      168
Muskegon
Expungement Fair


Total number of | 312 (51%)             239 (40%) | 57 (9%)    608
people screened

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