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HomeMy Public PortalAbout13) 9A Contract with Fairbank, Maslin, Maullin, Metz and AssociatesDATE: TO: FROM: MANAGEMENT SERVICES DEPARTMENT MEMORANDUM April16, 2019 The Honorable City Council Bryan Cook, City Manager AGENDA ITEM 9.A. SUBJECT: CONTRACT WITH FAIRBANK, MASLIN, MAULLIN, METZ & ASSOCIATES RECOMMENDATION: The City Council is requested to: 1. Authorize the City Manager to negotiate and execute a not-to-exceed $37,500 contract for professional services with Fairbank, Maslin , Maullin, Metz & Associates (Fairbanks) to conduct a comprehensive survey on community serv ices needs and potential fiscal measures; and 2. Appropriate $52 ,500 for survey and related support services from undesignated General Fund Balance . BACKGROUND: At the City Council meeting of April 2, 2019 , the City Council gave direction to the City Manager to return with a budget amendment and contract for polling services related to the issues of assessing community needs and fiscal measures to address public services . A scientifically based survey of community needs and potential fiscal measures to address those needs will give the City Council and City Staff important information as to the community's opinions of various City services, infrastructure needs , and the willingness to consider fiscal measures to address them. Fairbanks is a well-established survey and research firm that will use a combination of on-line, phone and multi-lingual services to conduct a statistically valid survey . CITY STRATEGIC GOALS: Conducting a poll and associated work is consistent with City Strategic Goals of Publ ic Health and Safety, Quality of Life, Sustainable Infrastructure, and Fiscal Sustainability . City Council April 16, 2019 Page 2 of 2 FISCAL IMPACT: Should City Council approve this item , a budget amendment in the amount of $52 ,500 from Undesignated General Fund Reserves will be necessary. ATTACHMENT: A. Fairbank, Maslin, Maullin, Metz & Associates proposal for polling services Ap r il 8, 2019 Br ya n Co ok City M anager City of Temple City 9701 Las Tun as Dr ive Templ e City, CA 91780 Dear Mr. Cook, FM3 RESEARCH FAIRBANK, MASLIN , MAU LLI N, M ETZ & ASSOCIATES ATTACHMENT A On behalf of Fairb ank, M as lin, Ma ullin, Metz, & Asso ci at es (F M 3), thank you fo r t he oppo rtun ity to wo rk with th e Ci ty of Temple City o n your Co m munity Nee ds & Fis cal Challenges St ud y. As you know, FM3 is no st range r to Templ e City, ha v ing provided si mila r research for the City in 2016. W e bel ieve t hat workin g w ith FM3 on your current survey project w ill prov id e a number of specific ad v antages , including: ~ FM3 routinely conducts research among Temple City voters and residents on a wide variety of issues, and we will leverage this local knowledge and familiarity to improve the research we conduct for the City. ~ FM3 is a recognized leader in conducting resident (and/or customer) satisfaction, budge t priority, and strategic and long-range planning survey research for cities and other local government agencies, including Temple City's neighbors throughout the San Gabriel Valley. ~ FM3 stays abreast of the latest issues facing local governments through its work as the public opinion research firm for the league of California Cities. ~ FM3's approach to citizen satisfaction research is innovative and strategic. ~ FM3 possesses in-house Spanish language capability and provides some of the highest-quality English- Spanish -Chinese multilingual research available, befitting you r City's diverse population. ~ FM3 is an industry leader in conducting accurate, reliable research that incorporates innovative digital methodologi es, including our dual mode internet & telephone interviewing methodology. ~ FM3 always provides personalized servi ce from company Partners and senior personnel; we will collaborate by personally designing, drafting, and interpreting every aspect of your research. ~ FM3 features a local presence & accessibility, with all the benefits that these provide. Althoug h FM 3 r egularl y condu cts opinion r ese arch in communities throughout Califo rn ia, the Un it ed St ates, and ov ersea s, our firm is he adqu artered just a short drive from Tem pl e Cit y in Lo s Ange les. Our tea m is always willing to make the drive out to Temple City to m eet with you in perso n t o dis cuss yo ur project , pres ent res ults, or help you in other way s to lev erage o ur r es ea rch f o r m axi mu m success. 12100 Wilshire Bouleva rd, Suite 350 I Los Angeles, CA 90025 Ph o n e: (3 10 ) 828-1183 I Fax: {3 10) 4 53-6562 1999 Harrison St., Suite 20 20 I Oa kland, CA 94 61 2 Phone : (5 10) 4 51-9521 I Fax : (510) 45 1-03 84 RESEARCH As an FM3 Partner, I am authorized to contractually obligate and negotiate on behalf of our firm, and I wil l be delighted to serve as Project Manager for the research we conduct for your City. Our team would be very pleased to work with the City of Temple City to help ensure the success of this important project. If you have any questions regarding this proposal or would li ke any additional information, please do not hesitate to contact me directly. We appreciate your time evaluating our submission, and we thank you very much for your consideration. Sincerely, John Fairbank, Partner Fairbank, Maslin, Maullin, Metz & Associates (FM3) 12100 Wilshire Boulevard, Suite 350 Los Angeles, CA 90025 Phone: (310) 828-1183 Ext. 101 Cell: (310) 463-2230 Fa x: (310) 453-6562 E-mail: John@FM3Research .com Page 2 FAIRBANK, MASLIN , MAU LLI N, M ETZ RESEARCH &ASSOCIATES LETTER OF AGREEMENT CITY OF TEMPLE CITY ISSUES SURVEY PROJECT 921-5127 APRIL 9, 2019 1. It is agreed that Fairbank, 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 i nstruments. Client agrees that, when its approval is called for hereunder, it will promptly review and approve all such matters i n 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 preced ing paragraph. 6. This Letter of Agreement will take 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 I Los Angeles, CA 90025 Phone: (310) 828-1183 I Fax: (310) 453-6562 1999 Harris on St ., Suite 2020 I Oakland, CA 94612 Phone: (510) 451-9521 I Fax : (510) 451-0384 RESEARCH 9. This Letter of Agreement is deemed to have been entered into in the County of Los Angeles, State of California, and sha ll be governed by the la ws 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 jurisd iction and venue of which each party hereby specifically consents. 10. This Letter of Agreement contains the entire agreement and und erstanding concerning the subje ct matter hereof between the parties, and supersedes and replaces all prior negotiations, proposed agreements, written or oral. 11. This Letter of Agreement may be sig ned 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. 12. The individuals executi ng 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 respon sible for the use of the public opinion research provided by FM3 und er 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 en tity 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 i ncluded but not limited to costs and attorney fees incurred by Client in defense of such matter. 14. All notices, demands, reque sts 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, reg istered 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 Telephon e: E-mail : B. All notices, demands, requests or approvals from Client to FM3 shall be addressed to: John Fairbank City of Temple City Is sues Survey (921-5 127) 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 City of Temple City Fairbank, Maslin, Maullin, Metz & Associates, Inc. City ofT em pie City Issues Survey (921-5127) R E SEARCH Date Date Page 3