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Muskegon City Commission
Commission Meeting Date: April 14, 2020 Title: Televising Commission Meetings
Submitted By: Ann Meisch Department: City Clerk
Brief Summary: The agreement with Lakeshore Creative Services expires in April. Staff would like
to extend the agreement for one year. Currently the agreement is for $350 per meeting. Because
the length of meetings are longer than staff first indicated in the quote, it is requested the fee be
increased to $450 per meeting . This includes operating our television station as well as social
media platforms.
Detailed Summary:
Amount Requested :$450 per meeting Amount Budgeted:
Fund(s) or Account(s) : Fund(s) or Account(s):
Recommended Motion: To extend the agreement with Lakeshore Creative Services for one year to
film Commission Meetings at a rate of $450 per meeting .
Check if the following Departments need to approve the item first:
Police Dept. D
Fire Dept. D
IT Dept. □
For City Clerk Use Only:
Commission Action :
AGREEMENT BETWEEN THE CITY OF MUSKEGON
AND
LAKESHORE CREATIVE SERVICES, LLC
This agreement is made this Y'day of f\~/- ,~ f , 2019, by and between City of
Muskegon, a Michigan municipal corporation ("City) and akeshore Creative Service, LLC,
a domestic limited liability company ("Lakeshore"), who agree as follows:
RECITIAL
1. The City desires to provide supp01i for the use of cable television, public
educational, and governmental ("PEG") access channels provided pursuant to federal law.
2. The City has granted a franchise to Comcast ("Cable Company") to operate a
cable television system in the City of Muskegon ("Franchise Agreement").
3. The Franchise Agreement with Cable Company provides that certain channel
capacity be provided for PEG access, including a govemmental access channel for use by area
municipal governments served by Cable Company ("Government Access Channel").
4. Lakeshore, as the "access management entity" designated by the City, has
indicated its interest in serving the community by providing PEG access programming and
services on the Government Access Channel.
5. The City agrees to compensate Lakeshore in exchange for Lakeshore's
responsibilities and access to City's Government Access Channel to broadcast prngramming
consistent with PEG Channel purposes.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the pat1ies agree as follows:
SECTION 1. SCOPE OF SERVICES: Lakeshore shall provide the following services.
1.1 OPERATE THE GOVERNMENT ACCESS CHANNEL. Operate the Government
Access Channel for local govemment and conununity access programming purposes in the
manner consistent with the principles set forth in this Agreement and the Franchise Agreement
between the City and Cable Company, with the primary purpose being to administer, coordinate,
and assist the City of Muskegon in providing local government programming.
1.2 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.
1.3 DEVELOP OPERATING POLICIES AND PROCEDURES. Develop policies and
procedures for use and operation of the PEG access equipment, facilities, and channel and file
such policies and procedures with the City.
1
1.4 COMPLIANCE WITH LAWS, RULES AND REGULATIONS. Administer the
Government Access Channel and facilities in compliance with the Franchise Agreement between
the City and Cable Company.
1.5 OTHER ACTIVITIES. Undertake other PEG access programming activities and
services deemed apprnpriate 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 MEETINGS. Lakeshore shall be paid $350 per City
Commission meeting. Payment shall be made in the calendar month following services
provided.
•2.2 EQUIPMENT. Lakeshore shall continue to use the equipment owned by the City,
which was purchased in January of2019 pursuant to a Contract between the Parties dated
January 1, 2019, and delivered to the City pursuant to the Agreement to Tenninate Contract
dated March __, 2019. The equipment shall be returned to the City Clerk upon the termination
of this Agreement.
2.3 EXTRA SERVICES. 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. CHANNELS OPEN TO PUBLIC: Lakeshore agrees to keep the PEG
Government Access Channel open to all potential users regardless of their viewpoint, subject to
FCC regulations and other relevant laws. Neither the City, the Cable Company, nor Lakeshore
shall have the authority to contrnl the content of programming placed on the Government Access
Channel so long as such programming is lawful. Provided that, nothing herein shall prevent
Lakeshore, the City, or the Cable Company from producing or sponsoring programming, prevent
the City or the Cable Company from underwriting programming, or prevent Lakeshore, the City,
or the Cable Company from engaging in activities designed to promote production of certain
types of programming or use by targeted groups as consistent with such time, place, and manner
regulations as are appropriate to provide for and promote use of PEG access channels, equipment
and facilities.
SECTION 4. INDEMNIFICATION: Lakeshore shall indemnify, defend, and hold
harmless the City, its officers, agents, employees and volunteers from and against any and all
claims, suits, actions, "cause of actions, losses, damages, or liabilities of any kind, nature or
description, including payment of litigation costs and attorneys' fees brought by any person or
persons for or on account of any loss, damage or injury to person, property or any other interest,
tangible or intangible, sustained by or accruing to any person or persons, however the same may
be caused, whether directly or indirectly arising or resulting from any alleged acts or omission of
Lakeshore, its officers, employees, agents, or subcontractors arising out of or resulting from the
performance of this Agreement.
2
SECTION 5. COPYRIGHT: 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 6. INSURANCE: Lak.eshore shall maintain in full force and effect at all
times during the term of this Agreement insurance as required by this Section. The cost of such
insurance shall be borne by Lakeshore.
6.1 COMPREHENSIVE LIABILITY INSURANCE: Comprehensive liability
insurance, including protective, completed operations and broad form contractual liability,
prope1ty damage and personal injury coverage, and comprehensive automobile liability including
owned, hired, and non-owned automobile coverage. The limits of such coverage shall be: (1)
bodily injury including death, $1,000,000 for each person, each occurrence and aggregate; (2)
prope1ty damage, $1,000,000 for each occurrence and aggregate.
6.2 EQUIPMENT INSURANCE: Insurance shall be maintained on all equipment and
facilities, including fixtures, to replacement cost. The insurance shall include, at a minimum,
insmance against loss or damage beyond the users control, theft, fire or natural catastrophe. The
City shall be shown as the lien holder on all policies.
6.3 WORKER'S COMPENSATION: Full Worker's Compensation Insurance and
Employer's Liability with limits as required by Michigan law, provided through an insurance
carrier satisfactory to the City.
6.4 CABLECASTER 'S ERROR AND OMMISSJON INSURANCE: Insurance shall be
maintained to cover the content of productions which are cablecast on the Government Access
Channel in at least the following areas: libel and slander; copyright or trademark infringement
infliction of emotional distress, invasion, of privacy; plagiarism; misuse of musical or literacy
materials. This policy shall not be required to cover individual access producers.
6.5 CITY AS CO-INSURED OR ADDITIONAL INSURED: The City shall be named
as a co-insured or additional insured on all aforementioned insurance coverage's. The policies
shall provide that no cancellation, major change in coverage or expiration may be affected by the
insurance company or Lakeshore without first giving the City thhty (30) days written notice
prior to the effective date of such cancellation or change in coverage. Any insurance or self-
insurance maintained by the City, its officers, agents, employees, or volunteers shall be in excess
of the Lakeshore insurance and shall not contribute to it.
6. 6 NOTIFICATION OF COVERAGE: Lakeshore shall file with the City proof of
insurance coverage as follows: (1) Comprehensive Liability and Workers' Compensation; (2)
equipment insurance upon the acquisition of any equipment; (3) cable caster's error and
omission insurance within thhty (30) days of the cable casting of programming on the
Government Access Channel.
3
SECTION 7. NON-DISCRIMINATION IN: Lakeshore shall not discriminate in the
delivery of services or against any person, employee, or applicant for employment or any
contract work on the basis of race, color, creed, religion, sex, sexual preference, marital status,
ancestry, national origin or physical or mental disability.
SECTION 8. 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 any 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 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 9. 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 10. TERMS OF AGREEMENT: This Agreement shall be for a period of
one year commencing ______, 2019 and ending _ _ _ _ _, 2020, unless
tenninated earlier, as provided in this Agreement.
SECTION 11. TERMINATION OF AGREEMENT: Either party shall have the right to
terminate this Agreement upon sixty (60) days written notice.
SECTION 12. TIME: Time is of the essence in this Agreement and for the performance
of all covenants and conditions of this Agreement.
SECTION 13. COOPERATION: Eachpaity agrees to execute all documents and do all
things necessary and appropriate to carry out the provisions of this Agreement.
SECTION 14. APPLICABLE LAW: This Agreement shall be interpreted and enforced
under the laws of the State of Michigan.
SECTION 15. NOTICES: All notices and other communication to be given by either
party 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
4
Any pmiy may change its address by written notice to the other party at any time.
SECTION 16. 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 purpo1ied verbal amendment to
this agreement shall be valid.
By: ~ ~ _;,.,,,~ ~ <\
Ann Marie Meisch, City Clerk
Date: z;-/ - 1;). - / cy
5
AGREEMENT TO TERMINATE CONTRACT
This agreement to terminate contract made this 9,+\.-..day of ~ r·, \ 2019 ,
("Efffective Date"), between City of Muskegon, a Michigan municipal corporation ("City") and
Lakeshore Creative Service, LLC, a domestic limited liability company ("Lakeshore")
(collectively, the City and Lakeshore are referred to as the "Parties"), who agree as follows :
This agreement terminates the contract made between the Parties on the 1st of January,
2019, involving the broadcasting of the City's Commission meetings on cable television, public
educational, and governmental ("PEG") access channels provided pursuant to federal law
("Contract") as of the Effective Date, it being agreed that provision in that Contract regarding
notice are waived by the Parties.
The termination of the Contract on the agreed Effective Date shall not affect any of the
rights or obligations of either party to the Contract accruing prior to the Effective Date. Any
payments required or due from any party under the contract shall be made promptly on proper
invoice. Any equipment purchased by the City pursuant to the Contract must be delivered to the
City.
Acknowledgment and agreement to termination will be evidenced by the Parties'
signatures below.
IVE SERVICES, LLC -
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ACORD"
~ CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
I DATE (MM/DD/YYYY)
03/27/2019
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pDJicy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rlahts to the certificate holder In lieu of such endorsement{s}.
PRODUCER 800-638-8791 1.1\?UV,-cT Walterry Insurance Brokers
Walterry Insurance Brokers
7411 Old Branch Avenue iAJ8NJ0 E~tl: 800-638•8791 I
r.etNol:301-868-2611
Clinton, MD 20735 ~~n'l!b.,.,.
""" IRERISI AFFORDING COVERAGE ... ,c,,
INSURER A: Federal Insurance Companv 20281
INSURED INSURERB:
Lak~hore C$eativeC1ervices LLC
~3 errace treet 107 INSURERC•
us egon, Ml 494 4
INSURERD:
INSURERE:
INSURERF:
COVERAGES CERTIFICAiE NUMRER· REVISION NI IMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
1~-r: TYPE OF INSURANCE :WP.!- ,~.~~~ POLICY NUMBER POLICYEFF P~H~YEXP
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A X MediaGuard Liab 8235-7786 03/25/2019 03/25/2020 MED EXP IAnv one nersonl
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DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached If more space Is required)
MediaGuard Multimedia Llablliw Insurance covering the broadcast of Public
Access Programmlns for the C ty of Muskegon. The Certificate Holder Is added
as Additional Insure , as their interest may appear.
C
MUSKE-1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
CITY OF MUSKEGON ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: City Clerk
933 Terrace Street
Muskegon, Ml 49440
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