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AGREEMENT BETWEEN THE CITY OF MUSKEGON
AND
LAKESHORE CREATIVE SERVICES, LLC
This agreement is made this 10th day of January, 2023, by and between City of
Muskegon, a Michigan municipal corporation ("City") and Lakeshore Creative Service, LLC,
a domestic limited liability company ("Lakeshore"), who agree as follows:
RECITIAL
1. The City desires to have its City Commission meetings recorded and broadcasted on
its cable television, public educational, and governmental ("PEG") access channels
provided pursuant to federal law.
2. In exchange for broadcasting City Commission meetings, the City agrees to
compensate Lakeshore and to encourage expansion of Lakeshore's responsibilities
and access to City's Government Access Channel to broadcast programming
consistent with PEG Channel purposes.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES: Lakeshore shall provide the following services.
1.1 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.
1.2 OTHER ACTIVITIES. Undertake other PEG access programming activities and
services deemed appropriate 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 JvlEETINGS. Lakeshore shall be paid $450 per City
Commission meeting. Payment shall be made in the calendar month following services
provided.
2.2 EQUIPMENT Lakeshore paid up to $2,500 in 2019 for additional equipment, as
approved in writing by the City Clerk. The equipment shall be owned by the City and
shall be delivered to the City Clerk upon termination of this Agreement.
2.3 EXTRA SER VICES. 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. COPYRIGHT:
3.1 OWNERSHIP: 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 4. NON-DISCRIMINATION IN: Lakeshore shall not discriminate in the
delivery of services or against any person, employee, or applicant for employment or
contract work on the basis of race, color, creed, religion, sex, sexual preference, marital
status, ancestry, national origin or physical or mental disability.
SECTION 5. 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 and 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
ยท 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 6. 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 7. TERMS OF AGREEMENT: This Agreement shall be for a period of two
years commencing January 10, 2023 and ending January 31, 2025, unless terminated
earlier, as provided in this Agreement.
SECTION 8. TERMINATION OF AGREEMENT/TRANSFER OF ASSETS: Either
party shall have the right upon sixty (60) days written notice.
SECTION 9. TIME: This is of the essence in this Agreement and for the performance of
all covenants and conditions of this Agreement.
SECTION 10. COOPERATION: Each party agrees to execute all documents and do all
things necessary and appropriate to carry out the provisions of this Agreement.
SECTION 11. APPLICABLE LAW: This Agreement shall be interpreted and enforced
under the laws of the State of Michigan.
SECTION 12. NOTICES: All notices and other communication to be given by either
paiiy 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
NEED TO COMPLETE ADDRESS
Any paiiy may change its address by written notice to the other party at any time.
SECTION 13. 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 purported verbal
amendment to this agreement shall be valid.
CITY OF MUSKEGON
By ~ ~
Ken Johnson, Its Mayor
~
Ann Marie Meisch, Its Clerk
LAKESHORE CREATIVE SERVICES, LLC
ByM:-
~ner