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Home My WebLink AboutAGMT - Fairbank, Masslin, Maullinm Metz, & Associates, Inc (FM3 - Community Survey) LETTER OF AGREEMENT CITY OF SEAL BEACH COMMUNITY SURVEY Between 3 SEA( 8> ��C�RPDfi4 s..,„ 1*1 %O fQj *137s, victi y60.,BF9 P7 19� ��O� ►► C P 01iNTV G_.= City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Fairbank, Maslin, Maullin, Metz, & Associates, Inc. Frank Fairbank 2425 Colorado.Avenue, Suite 180 Santa Monica, CA 90404 (310) 828-1183 This Professional Service Agreement ("the Agreement") is made as of June 18, 2014 (the "Effective Date"), by and between Fairbank, Maslin, Maullin, Metz & Associates, Inc. ("Consultant"), and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). r* NN Ainfq r■CM'414 i p r - r 61'thrRit.; • m " FiM3 ' Public Opinion Research &Strategy • LETTER OF AGREEMENT CITY OF SEAL BEACH COMMUNITY SURVEY PROJECT 220-3938 June 12, 2014 1. It is agreed that Fairbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) will provide public opinion research services (Services) for the City of Seal Beach for a total cost not to exceed $22,850. • 2. These Services include: all professional and staff time, questionnaire design, sample preparation, pre-test of interview, telephone interviewing, data analysis and cross-tabulation, and presentation of survey results as necessary to complete a voter sample list telephone survey, averaging 20 minutes per interview, of 300 registered voters, as outlined in our proposal dated Apr 21, 2014. 3. Both parties will reach a mutual agreement on the contents of the questionnaire instrument. The City of Seal Beach agrees that, when its approval is called for hereunder, it will promptly review and approve all such matters in good faith and in consultation with FM3, and that its approval will not be unreasonably withheld or delayed. 2425 Colorado.4venue. Suite 180 1999. Harrison Street Suite 1290 Santa eNonicd, CA 90404 Oakland, CA 94612 Phone: • (310)828-1183 Phone: (510)451-9521 Fax - (3/0) 453-6562 Fax: (510) 451-0384 City of Seal Beach Community Survey Page 2 Project 220-3938 4. As compensation for Services under this Agreement, the City of Seal Beach agrees to pay FM3 a minimum fee of$11,425 upon the signing of this agreement.. The remaining balance of the final cost agreed upon by both parties in writing, will be due and payable 30 days after completion of survey. The City of Seal Beach shall pay FM3's invoices for Services rendered within fifteen (15) days after each invoice's date. In the event that any invoice remains unpaid on the sixtieth (60) day after the date on the invoice, interest of 1.5 percent per month shall be payable on the unpaid balance. 5. - When FM3's Services conclude, all unpaid charges owed shall become immediately due and payable, according to the terms in the preceding paragraph. 6. Travel and other direct expenses, including, but not limited to, extra reproduction of reports and delivery fees, shall be identified separately on FM3's invoice and are payable upon presentation of the invoice on which they are included. Only the City of Seal Beach, or a person designated by the City of Seal Beach, shall have the authority to approve expenditures in excess of$500 on behalf of the City of Seal Beach. FM3 shall not commit the City of Seal Beach to any expenditure, nor incur any obligation on behalf of the City of Seal Beach, in excess of$500 without written approval from the City of Seal Beach. 7. This Letter of Agreement will take effect when the City of Seal Beach returns a signed copy of this Letter of Agreement. 8. The prevailing party in any action or proceeding to interpret or to enforce any provision of this Letter of Agreement will be awarded reasonable attorney's fees and costs incurred in that action or proceeding or in any efforts to negotiate the matter. Each party to pay their own attorney fees. 9. This Letter of Agreement shall be binding upon and inure to the benefit of the successors and assigns of each of the parties hereto. This Letter of Agreement cannot be assignable without prior written approval by the City of Seal Beach. 10. This Letter of Agreement is deemed to have been entered into in the County of Los Angeles, State of California, and shall be governed by the laws of the State of California. Any action or proceeding with respect to this Letter of Agreement or any matter arising therefrom shall be maintained exclusively in the Superior Court in.the County of Los Angeles, California, as the jurisdiction and venue of which each party hereby specifically consents. 11. This Letter of Agreement contains the entire agreement and understanding concerning the subject matter hereof between the parties, and supersedes and • replaces all prior negotiations, proposed agreements, written or oral. 3 s� " 5� ac:£r t', City of Seal Beach Community Survey Page 3 Project 220-3938 12. This Letter of Agreement may be signed in one or more counterparts, each of which shall be deemed an original and shall be effective when the other parties have executed a counterpart. 13. The individuals executing this Letter of Agreement on behalf of each of the parties hereby represent and warrant that each is duly authorized to do so. 14. It is understood and agreed that the City of Seal Beach is and shall be solely responsible for the use of the public opinion research provided by FM3 under this Letter of Agreement. It is understood and agreed that FM3 is solely responsible for the results of the public opinion research provided pursuant to this Letter of Agreement. FM3 shall.at all times comply with 'state and federal law, and any statute, rule„regulation or order from any governmental or regulatory agency. In the event that any state and/or federal, regulatory agency or any other person and/or entity shall make a claim against the City of Seal Beach or its' agents, employees, or affiliates which is in any manner related to this Letter of • Agreement, the services of FM3, or the results of any public opinion research provided by FM3, FM3 shall indemnify and hold harmless included but not limited to costs and attorney fees incurred by the City of Seal Beach in defense of • such matter. 15. All notices, demands, requests or approvals to be given under this Agreement, 'shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after deposit in the United States mail, postage prepaid,registered or certified, addressed as follows: A. All notices, demands, requests or approvals from FM3 to the City of Seal Beach shall be addressed to: Jill R. Ingram City of Seal Beach 211 8th Street Seal Beach, CA 90740 Telephone: (562)431-2527 Ext. 1303 E-mail: jingram @sealbeachca.gov mma,+c : 415r4... 4 au la: aa: xAuoeia;,x.� City of Seal Beach Community Survey Page 4 Project 220-3938 B. All notices, demands, requests or approvals from the City of Seal Beach to FM3 shall be addressed to: John Fairbank Fairbank, Maslin, Maullin, Metz& Associates, Inc. 2425 Colorado Avenue, Suite 180 Santa Monica, CA 90404 Telephone: 310-828-1183 E-mail: Y gram . Date / City Manager City of Seal Beach (13i 'ct Curt Below Date Fairbank,Maslin, Maullin, Metz & Associates, Inc. . aeir 4t Waglik 44 4%, 1:-LF ICI 3 L44