HomeMy Public PortalAboutAgreement_2019-04-09_Fairbank, Maslin, Maullin, Meta & Associates (FM3)FAIR
F _M3 MAUBLIN,
LLIN, METZ
RESEARCH &ASSOCIATES
LETTER OF AGREEMENT
CITY OF TEMPLE CITY ISSUES SURVEY
PROJECT 921-5127
APRIL 9, 2019
1. It is agreed that Falrbank, Maslin, Maullin, Metz & Associates, Inc. (FM3) will provide public opinion research
services (Services) for the City of Temple City (Client) for a total cost not to exceed $37,500.
2. These Services Include all professional and staff time, questionnaire design, sample acquisition, survey
programming, email invitations, survey hosting, telephone interviewing, data entry and analysis, and
reporting necessary to complete a dual -mode survey, averaging 20 minutes per Interview, of 420 (300
voters, 120 property owners) Base sample of 300 Temple City registered voters with an oversample of 120
additional temple city property owners.
3, Both parties will reach a mutual agreement on the contents of the research Instruments. Client 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.
4. As compensation for Services under this Agreement, Client agrees to pay FM3 the final cost agreed upon by
both parties in writing upon completion of the agreed upon scope of work. Invoices are due and payable
upon receipt and will be considered past due fifteen (15) days after each Invoice's date.
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, This Letter of Agreement will tape effect when Client returns a signed copy of this Letter of Agreement.
7, 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.
8, 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
Client.
12100 Wilshire Boulevard, Suite 350 1 Los Angeles, CA 90025 1999 Harrison St., Suite 2020 1 Oakland, CA 94612
Phone: (310) 828-1183 1 Fax: (310)453-6562 Phone: (510) 451-9521 1 Fax: (510) 451-0384
FM3
RESEARCH
9. 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.
10. 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.
11. This Letter of Agreement may be signed in one or more counterparts, each of which shall he deemed an
original and shall be effective when the other parties have executed a counterpart.
12. 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.
13. It is understood and agreed that Client 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 Client 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 Client in defense of such matter.
14. 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 mall, postage prepaid, registered or certified, addressed as follows:
A. All notices, demands, requests or approvals from FM3 to Client shall be addressed to:
Bryan Cook
9701 Las Tunas Dr.
Temple City, CA 91780
Telephone:
E-mail:
B. All notices, demands, requests or approvals from Client to FM3 shall be addressed to:
John Fairbank
City of Temple City Issues Survey (921-5127) Page 2
Fairbank, Maslin, Maullin, Metz & Associates, Inc.
1999 Harrison Street, Suite 2020
Oakland, CA 94612
Telephone: 510-451-9521
E-mail: @FM3Research.com
Bryan Cook Date
City of Temple City
Date
Maslin, Maullln, Metz & Associates, Inc.
FM3
RESEARCH
City of Temple City issues Survey (921-5127) Page 3