06-0821_FAIRBANK , MASLIN ,MAULLIN & ASSOCIATES_Personal Services Agreement• 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 21st day of August, 2006, by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and
Fairbank, Maslin, Maullin & Associates, Inc. (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS,
A. City requested a proposal from Consultant to perform services including two
focus groups and one voter opinion survey to assess City voters' perceptions and
attitudes towards open space issues as well as their willingness to pass a revenue
measure that would fund the purchase and protection of open space in the City.
B. In response to the City's request, Consultant submitted a proposal, and,
after, negotiations, Consultant agreed to perform the services more particularly
described in Exhibit' A," in return for the compensation described in this Agreement.
C. In reliance upon Consultant's documentation of its qualifications, the City
finds that Consultant has demonstrated the requisite qualifications, experience,
training, and expertise to perform the requested services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the city shall consist of those tasks as set
forth in Exhibit "A," attached and incorporated herein by reference.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required and with a minimum of 15 days notice.
Section 3. Compensation.
3.1 Amount.
Compensation for the scope of services for this Project shall be in accordance with
the terms and conditions of the Agreement, in an amount of $39,150 ($16,000 for the focus
groups and $23,150 for the voter survey), with any additional direct incidental expenses
such as extra reproduction of reports and travel to the focus groups facility and to present
findings, to be billed at cost.
• 0
3.2 Method of Payment.
Consultant shall submit invoices to the City identifying the services performed and
the charges therefor. Under this Agreement, the City agrees to pay Consultant $8,000
upon signature of the Agreement (one-half the cost of the focus groups). The remaining
balance for the focus groups will be due and payable upon presentation of the focus
groups' findings. Upon completion of the focus groups, the City agrees to pay Consultant
$11,575 (one-half the cost of the survey), and the remaining balance will be due and
payable upon presentation of the survey's findings.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to this
Agreement setting forth with particularity all terms of the new agreement, including but not
limited to any additional Consultant's fees.
Section 7. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 8. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
0 0
Section 9. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 10. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the City.
Section 11. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 12. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for errors and omissions committed by
Consultant arising out of or in connection with the work, operation or activities of
Consultant, its agents, employees and subcontractors in carrying out its obligations under
this Agreement.
3
0 0
Section 13. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
13.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
13.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
13.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
13.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990)
to the City's General Counsel for certification that the insurance requirements of this
Agreement have been satisfied.
4
0
E
13.5 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
13.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
13.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 14. Termination.
City and Consultant shall have the right to terminate this Agreement without cause
by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10) days'
notice to the other party of a material breach of contract. If the other party does not cure
the breach of contract, then the agreement may be terminated subsequent to the ten (10)
day cure period.
Section 15. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Administrative Services
0
0
To Consultant: Fairbank, Maslin, Maullin & Associates, Inc.
2425 Colorado Avenue, Suite 180
Santa Monica, CA 90404
Attn: John Fairbank and Richard Bernard
Section 16. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 17. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
0
0 0
Section 18. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
David M. Swerd in, Mayor
CONSULTANT
M
ATTEST:
L
R. Monahan, City Clerk
AS TO FORM:
C
John I SKaw, City Attorney
1--�J vy,Q Q9 �,�..
PACity Manager\Attorney Shared\Agreements\PersonalServicesAgreement.doc
7
C -I
Exhibit A
TO: William Huber, Assistant City Manager
City of San Juan Capistrano
FROM: John Fairbank and Richard Bernard
Fairbank, Maslin, Maullin & Associates
•
RE: Cost Estimate for Proposed Open Space Research
Date: August 15, 2006
This memo outlines various research options and their associated costs.
To remind you we originally proposed doing a 15 -minute survey of 400 voters at $19,950 or a
20 -minute survey at $23,150. We do not know how long it will ultimately end up being, so it
could fall into a middle range.
Since our last meeting we understand the needs of the city are more defined to include:
✓ 2 focus groups about general open space issues
✓ 1 survey about general open space issues
✓ 1 open space revenue measure survey
✓ 1 or 2 optional focus groups to refine messages based on the findings of the Open Space
Revenue Measure Survey (to be determined later and no included in the contract we are
sending you, unless the City would like it to be)
In order to include the correct dollar figures in the contract I have included our pricing below for
each component. If you can please give me some direction it will help in promptly completing
the contract and sending it back to the City for its approval.
Costs
If I understand what the City would like, here are the following costs:
1) Open Space Focus Groups:
Two groups $8,000 each, for a total of $16,000.
2) Open Space Survey:
One open space survey of 400 random voters, ranging in length from 15- to 20 -minutes,
costing $19,950 to $23,150.
However, if the City would like to conduct this survey with all residents 18 years of age or
older the cost of a 400 Random Digit Dial (RDD) survey ranges from $22, 295 to $26,518
depending on the length of the survey - between 15- and 20 -minutes.
0
The variation in cost is a result of the difference in samples. In the case of the voter survey,
we call a list of all voters. Within this list we have all relevant contact information and we
only call homes that are eligible and we ask to speak to specific individuals.
In the case of a RDD survey we randomly call all households in San Juan Capistrano and
attempt to get one person in the household to respond to the survey. But since we do not have
an exact name, the number of calls needed to achieve the 400 is often greater.
The advantage of conducting an open space voter survey is that it will provide FMM&A with
a significant amount of information going into the second survey, which will focus on an
open space ballot measure. The advantage of doing a resident survey is that we will get a
better cross-section of residents' views of open space issues in the City. However, but we
will have a smaller sample of voters with which to conduct the analysis.
3) Open Space Revenue Measure Survey:
For the second survey, we recommend conducting a voter survey. Since only voters can vote
on a financial measure, it obviously makes sense to go to the source.
4) Optional Post Open Space Revenue Measure Survey Focus Group or Groups:
One or two groups will allow FMM&A to fine tune messages based on the findings of the
Open Space Revenue Measure Survey. It will also allow FMM&A to test the refined
messages on undecided voters, who will be identified from the survey analysis, to see which
messages persuade them to support an open space revenue measure. This component of the
research can be discussed after the second survey or included in this contract at the discretion
of the City.
Summary
Option #I
Total Cost with 2 Focus Groups and 2 Voter surveys, excluding optional Post survey Focus
Groups.
Table 1: Cost Estimates for Option #1
Method
Maximum Cost
Two Open Space Focus Groups
$16,000
One 20 -Minute Open Space Voter Survey
$23,150
One 20 Minute Open Space Revenue Measure Survey
$23,150
Total
$62,300
Option #2
Total Cost with 2 Focus Groups and 2 Voter surveys, excluding optional Post survey Focus
Groups.
Table 2: Cost Estimates for Option #2
Method
Maximum Cost
Two Open Space Focus Groups
$16,000
One 20 -Minute Open Space Resident Survey
$26,518
One 20 Minute O en S ace Revenue Measure Surve
$26,518
Total
$69,036
If the City would like to include the optional focus groups, they would cost $8,000 per group.
Please note that the cost of the surveys does not include translation of the surveys into Spanish. In
addition, direct incidental expenses such as extra reproduction of reports and travel to the focus
groups facility and to present findings are not included, but will be billed at cost.
FMM&A is prepared to begin work on the proposed research immediately. Of course, any number
of alternative survey structures are possible, which might result in higher or lower costs. FMM&A
will be happy to tailor the structure of the survey to meet both your budget and research needs.
Please let us know if there is any further information we can provide. We look forward to having the
opportunity to work with you on this project.
iN
9/19/2006
D7
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Dave Adams, City Manager 9k
SUBJECT: Consideration of Consultant Services for Open Space Survey with
Fairbank, Maslin, Maullin and Associates -City Council Priority la
RECOMMENDATION
By motion; Approve a personal services agreement with Fairbank, Maslin, Maullin and
Associates (FMMA) at a cost of $ 39,150 to provide a resident survey for the city's open
space needs
A. Summary and Recommendation
The Northwest Open Space Strategies Committee (Committee) has reviewed proposals
for performing citizen surveys to gather information necessary to determine the
community's interest and perceptions of our open space needs. After interviews and
review by a sub -committee the Committee is recommending Council approve entering a
contract with the firm of Fairbank, Maslin, Maullin and Associates to perform the work.
B. Background
As part of the work of the city's Northwest Open Space Strategies Committee the need
to provide a survey to test the community's interest and needs in relation to open space
has been identified as a first order of work and a priority for the Committee.
On July 31, an open space sub -committee consisting of Brad Gates from the Finance
sub -committee; Mark Neilson from the Land Use/Planning sub -committee; Larry Kaplan
from the Trust for Public Lands; and City staff members Karen Crocker and Bill Huber;
met to interview the consultants for the Open Space survey efforts.
City staff had initially met with and discussed the city open space polling needs with
three qualified firms. Those firms were Fairbank, Maslin, Maullin & Associates (FMMA),
Network Research Limited and Lawrence Research. After talking to the firms regarding
the background and needs of the polling work, staff determined that Lawrence
Research could have a conflict, as the firm did most of its work for large developers.
The remaining consultants were asked to submit a proposal with a scope of work and
fee schedule for consideration.
0
The city included a park and recreation needs study survey with the proposals to
potentially save money from combining the two surveys. While not a part of the
committee's effort, it is an identified City Council priority.
During the interviews, the consultants gave presentations on their backgrounds and
proposed scopes of work, which was followed by a question and answer period. Upon
conclusion of the interviews, the review sub -committee determined the following:
1) The two consultants had very different proposals and company strengths. FMMA
had great strength working with proposed bond measures and polling efforts relative to
the type of work we anticipate. Network Research was strong in data gathering and
analysis for the park needs and has performed numerous similar surveys.
2) FMMA has worked with the Trust for Public Lands (TPL) in the past and is
supported by the TPL staff.
3) After discussion among the review committee members, it was determined that it
would be better to conduct the surveys for the open space separately from the park and
recreation needs assessment.
4) FMMA was determined to be the best firm to perform the open space survey,
while Network Research should handle the park and recreation needs assessment
survey.
Scone of Work
FMMA's scope provides for two focus group sessions to gather initial information. It also
provides for working closely with the committee and city to provide a custom survey and
questions tailored to meet our needs. FMMA will also provide numerous tables and
graphics of results, which will clearly list the necessary demographic information. FMMA
will conduct a statistically significant survey that will have a margin of error of 4.4
percent.
FMMA has estimated it can conduct the research and provide results approximately six
weeks after the proposal has formally been approved. Because of the team -based
nature of this effort and the city approval cycles we are accountable to, we believe it is
realistic to expect results in October/November. We will do everything possible to keep
the process moving quickly and efficiently.
Costs
The total fee proposed by FMMA is $ 39,150. Currently $60,000 is budgeted for
consultant work on the Open Space effort.
0
0
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS
The Northwest Open Space Strategies Committee at its August 7 meeting reviewed the
issue and approved forwarding a recommendation to the City Council to engage the
services of the Fairbank, Maslin & Maullin and Associates to perform the open space
survey services.
FINANCIAL CONSIDERATIONS
As stated in the report the contract is for $39,150. The city budget provides a total of
$60,000 for contract services to support the Committee's efforts.
PUBLIC NOTIFICATION
The following people received notification of this item from the City Manager's
Department:
Northwest Open Space Committee Members
Northwest Open Space Interested Parties List
RECOMMENDATION
It is recommended City Council engage the services of Fairbank, Maslin, Maullin and
Associates (FMMA) at a cost of $ 39,150 to provide a resident survey for the city's open
space needs
Respectfu ly submitted,
William uber
Assistant City Manager
DA:wmh
Attachments: 1. Consultant Agreement
0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 21st day of August, 2006, by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and
Fairbank, Maslin, Maullin & Associates, Inc. (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS,
A. City requested a proposal from Consultant to perform services including two
focus groups and one voter opinion survey to assess City voters' perceptions and
attitudes towards open space issues as well as their willingness to pass a revenue
measure that would fund the purchase and protection of open space in the City.
B. In response to the City's request, Consultant submitted a proposal, and,
after, negotiations, Consultant agreed to perform the services more particularly
described in Exhibit' A," in return for the compensation described in this Agreement.
C. In reliance upon Consultant's documentation of its qualifications, the City
finds that Consultant has demonstrated the requisite qualifications, experience,
training, and expertise to perform the requested services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the city shall consist of those tasks as set
forth in Exhibit 'A" attached and incorporated herein by reference.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required and with a minimum of 15 days notice.
Section 3. Compensation.
Compensation for the scope of services for this Project shall be in accordance with
the terms and conditions of the Agreement, in an amount of $39,150 ($16,000 forthe focus
groups and $23,150 for the voter survey), with any additional direct incidental expenses
such as extra reproduction of reports and travel to the focus groups facility and to present
findings, to be billed at cost.
Attachment 1
0 0
3.2 Method of Payment.
Consultant shall submit invoices to the City identifying the services performed and
the charges therefor. Under this Agreement, the City agrees to pay Consultant $8,000
upon signature of the Agreement (one-half the cost of the focus groups). The remaining
balance for the focus groups will be due and payable upon presentation of the focus
groups' findings. Upon completion of the focus groups, the City agrees to pay Consultant
$11,575 (one-half the cost of the survey), and the remaining balance will be due and
payable upon presentation of the survey's findings.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to this
Agreement setting forth with particularity all terms of the new agreement, including but not
limited to any additional Consultant's fees.
Section 7. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 8. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
2
Section 9. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 10. Copies of Work Product.
At the completion. of the contract period, Consultant shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Consultant's
findings, conclusions, and recommendations with any support documentation. All reports
submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and approval
of the City.
Section 11. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 12. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or damages
of any nature, including attorneys' fees, for injury or death of any person or damage to
property or interference with use of property and for errors and omissions committed by
Consultant arising out of or in connection with the work, operation or activities of
Consultant, its agents, employees and subcontractors in carrying out its obligations under
this Agreement.
0 0
Section 13. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
13.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
13.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to contractual
period;
$1,000,000 injury to more than one person/any one occurrence/not limited to
contractual period
13.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
13.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990)
to the City's General Counsel for certification that the insurance requirements of this
Agreement have been satisfied.
El
E
0
13.5 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
13.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
13.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 14. Termination.
City and Consultant shall have the right to terminate this Agreement without cause
by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10) days'
notice to the other party of a material breach of contract. If the other party does not cure
the breach of contract, then the agreement may be terminated subsequent to the ten (10)
day cure period.
Section 15. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Administrative Services
To Consultant: Fairbank, Maslin, Maullin & Associates, Inc.
2425 Colorado Avenue, Suite 180
Santa Monica, CA 90404
Attn: John Fairbank and Richard Bernard
Section 16. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys'. fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 17. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 18. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
CONSULTANT
By.
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
AJohnOaMC�—ityAttorney
P:\City ManagertAttorney Shared\Agreements\PersonalSewicesAgreement.doc
7
0
Exhibit A
TO: William Huber, Assistant City Manager
City of San Juan Capistrano
FROM: John Fairbank and Richard Bernard
Fairbank, Maslin, Maullin & Associates
0
RE: Cost Estimate for Proposed Open Space Research
Date: August 15, 2006
This memo outlines various research options and their associated costs.
To remind you we originally proposed doing a 15 -minute survey of 400 voters at $19,950 or a
20 -minute survey at $23,150. We do not know how long it will ultimately end up being, so it
could fall into a middle range.
Since our last meeting we understand the needs of the city are more defined to include:
✓ 2 focus groups about general open space issues
✓ 1 survey about general open space issues
✓ 1 open space revenue measure survey
✓ 1 or 2 optional focus groups to refine messages based on the findings of the Open Space
Revenue Measure Survey (to be determined later and no included in the contract we are
sending you, unless the City would like it to be)
In order to include the correct dollar figures in the contract I have included our pricing below for
each component. If you can please give me some direction it will help in promptly completing
the contract and sending it back to the City for its approval.
Costs
If I understand what the City would like, here are the following costs:
1) Open Space Focus Groups:
Two groups $8,000 each, for a total of $16,000.
2) Open Space Survey:
One open space survey of 400 random voters, ranging in length from 15- to 20 -minutes,
costing $19,950 to $23,150.
However, if the City would like to conduct this survey with all residents 18 years of age or
older the cost of a 400 Random Digit Dial (RDD) survey ranges from $22, 295 to $26,518
depending on the length of the survey - between 15- and 20 -minutes.
1.1
0 0
The variation in cost is a result of the difference in samples. In the case of the voter survey,
we call a list of all voters. Within this list we have all relevant contact information and we
only call homes that are eligible and we ask to speak to specific individuals.
In the case of a RDD survey we randomly call all households in San Juan Capistrano and
attempt to get one person in the household to respond to the survey. But since we do not have
an exact name, the number of calls needed to achieve the 400 is often greater.
The advantage of conducting an open space voter survey is that it will provide FMM&A with
a significant amount of information going into the second survey, which will focus on an
open space ballot measure. The advantage of doing a resident survey is that we will get a
better cross-section of residents' views of open space issues in the City. However, but we
will have a smaller sample of voters with which to conduct the analysis.
3) Open Space Revenue Measure Survey:
For the second survey, we recommend conducting a voter survey. Since only voters can vote
on a financial measure, it obviously makes sense to go to the source.
4) Optional Post Open Space Revenue Measure Survey Focus Group or Groups:
One or two groups will allow FMM&A to fine tune messages based on the findings of the
Open Space Revenue Measure Survey. It will also allow FMM&A to test the refined
messages on undecided voters, who will be identified from the survey analysis, to see which
messages persuade them to support an open space revenue measure. This component of the
research can be discussed after the second survey or included in this contract at the discretion
of the City.
Summary
Option #1
Total Cost with 2 Focus Groups and 2 Voter surveys, excluding optional Post survey Focus
Groups.
Table 1: Cost Estimates for Option #1
Method.
Maximum Cost
Two Open Space Focus Groups
$16,000
One 20 -Minute Open Space Voter Survey
$23,150
One 20 Minute Open Space Revenue Measure Survey
$23,150
Total
$62,300
Option #2
Total Cost with 2 Focus Groups and 2 Voter surveys, excluding optional Post survey Focus
Groups.
0
0
Table 2: Cost Estimates for Option #2
Method Maximum Cost
Two O en Space FocusGrou s $16,000
One 20 -Minute Open Space Resident Survey $26,518
One 20 Minute Open Space Revenue Measure Survey $26,518
Total $69,036
If the City would like to include the optional focus groups, they would cost $8,000 per group.
Please note that the cost of the surveys does not include translation of the surveys into Spanish. In
addition, direct incidental expenses such as extra reproduction of reports and travel to the focus
groups facility and to present findings are not included, but will be billed at cost.
FMM&A is prepared to begin work on the proposed research immediately. Of course, any number
of alternative survey structures are possible, which might result in higher or lower costs. FMM&A
will be happy to tailor the structure of the survey to meet both your budget and research needs.
Please tet us know if there is any further information we can provide. We look forward to having the
opportunity to work with you on this project.
10
32400 PASEO ADEIANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www sanjuancapvstrano. org
L
agift
•
1776 IAIOaV0AA1f4
' asraausnm 1961
PRE -MEETING NOTIFICATION
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano at 7:00 p.m. on September 19, 2006 in the
City Council Chamber in City Hall, will meet to consider the Services of Fairbank,
Maslin, Maullin and Associates (FMMA) at a Cost of $39,150 to Provide a Resident
Survey of the City's Open Space Needs.
If you have speck thoughts or concerns
participate in this decision making process.
through correspondence and/or by attendi
during the public meeting.
regarding this item, you are encouraged to
You can communicate with the City Council
Ig the meeting and speaking to the Council
Correspondence related to this item must be received at City Hall by 5:00 p.m. on
Monday, September 18, 2006 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Bill Huber,
Assistant City Manager. You may contact him with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sani uancapistrano. orq.
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on recycled Paper
C
32400 PASEO ADEI ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano. org
d«la, •
1776 IOf0a1AAlIFO
• Islamsam ' 1961
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on September 19, 2006
in the City Council Chamber in City Hall, to consider: "Consideration of Consultant
Services for Open Space Survey with Fairbank, Maslin, Maullin and Associates -
City Council Priority la" — Item No. D7.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, September 18, 2006 to allow time for the Council to consider its
content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member William Huber,
Assistant City Manager. You may contact that staff member at (949) 949-443-6336 with
any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancaoistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council -agendas cbsanivancaoistrano.org.
Meg Monahan, CMC
City Clerk
cc: Norhtwest Open Space Committee Members; Norhtwest Open Space Interested
Parties List;; William Huber, Assistant City Manager
Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on 100% Recycled Paper
CERTIFICATE •INSURANCE September 8, 2006
Re: FAIRBANK, MASLIN, MAULLIN & ASSOCIATES
In accordance with your request, we are enclosing a renewal Certificate for the insured
captioned above.
1. Acord 25 — Certificate of Liability that includes the City of San Juan Capistrano
as an Additional Insured.
2. CG 20 10 10 01 — Additional Insured Endorsement. The insured's coverage is
written on a BOP form with the Hartford Ins. Company and this is the only
Additional Insured Endorsement available under this type of policy.
CITY OF SAN JUAN CAPISTRANO
Attn: Director of Administrative Services
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
O'KANE & TEGAY
Insurance Brokers
P.O. Box 27556
San Francisco, CA 94127
Ph #415-242-8777 FAX #415-661-2540
cc: Fairbank, Maslin, Maullin & Associates — Colleen Kennedy — Fax #310-453-6562
ACORD. CERTIFICA7
PRODUCER (415)242-8777
O'KANE & TEGAY INSURANCE BROKERS
P.O. BOX 27556
SAN FRANCISCO, CA 94127
INSURED FAIRBANK, MASLIN, MAULLIN &
2425 COLORADO AVENUE, SUITE
SANTA MONICA, CA 90404
(310)828-1183 Ext.
COVERAGES
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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
LTROF
ADUL
INSURANCE TYPE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
A
X
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE T OCCUR
57 SBA DF6491
06/24/2006
06/24/2007
EACH OCCURRENCE $ 1,000,000.
pgEMlsEs Eeoccererwe s 300,000.
MED EXP (Any one person) $ 10,000.
PERSONAL B ADV INJURY $ 1,000,000.
GENERAL AGGREGATE $ 2,000,000.
GEN'L AGGREGATE
X7 POLICY
LIMIT APPLIES PER:
PRO JECT El LOC
El
PRODUCTS - COMP/OP AGG $ 2,000,000.
A
X
AUTOMOBILE
X
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULEDAUTOS
HIRED AUTOS
NON -OWNED AUTOS
57 SBA DF5491
06/24/2006
06/24/2007
COMBINED SINGLE LIMIT E 1,000,000.
(Ee emident)
BODILY INJURY E
(Per person)
BODILY INJURY E
(Per amident)
PROPERTY DAMAGE E
(Per eoadem)
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
AUTO ONLY: AGO $
A
X
EXCESSIUMBRELLALIABILITY
T OCCUR CLAIMS MADE
DEDUCTIBLE
X RETENTION E 10,000
57 SBA DF5491
06/24/2006
1
06/24/2007
EACH OCCURRENCE $ 1,000,000.
AGGREGATE $ 1,000,000.
$
$
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOWPARTNEWEXECUTIVE
OFFICEWMEMBER EXCLUDED?
II yes, describe under
SPECIAL PROVISIONS below
TWO STATUS.. LIMITS OTH-
E. L. EACH ACCIDENT Is
E.L. DISEASE - EA EMPLOYEE $
EL. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
ADDITIONAL INSURED: CITY OF SAN JUAN CAPISTRANO
CITY OF SAN JUAN CAPISTRANO
ATTN: DIRECTOR OF ADMIN. SERV.
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO CA 92675
FAX #949-493-1053
ACORD 25 (2001/78)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL30etaMOM MAIL 30 DAYSWR=N
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, K1( IIL
OR
,,,r_ __ _ _. — — . — _ _ _ \ 0 ACORD CORPORATION 1988
r
0
FAIRBANK, MASLIN, MAULLIN & ASSOCIATES
POLICYNUMBER: 57 SBA DF5491 SC
COMMERCIAL GENERAL LIABILITY
CG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following: EFFECTIVE 9/8/06
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
ATTN: DIRECTOR OF ADMINISTRATIVE SERVICES
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorse-
ment.)
A. Section II — Who Is An Insured is amended to include as an
insured the person or organization shown in the Schedule, but
only with respect to liability arising out of your ongoing opera-
tions performed for that insured.
B. With respect to the insurance afforded to these additional
insureds, the following exclusion is added:
2. Exclusions
This insurance does not apply to "bodily injury" or "prop-
erty damage" occurring after
CG 20 10 10 01
(1) All work, including materials, parts or equipment
furnished in connection with such work, on the
project (other than service, maintenance or e -
pairs) to be performed by or on behalf of the ad-
ditional Insured(s) at the site of the covered op-
erations has been completed; or
(2) That portion of "your work" out of which the injury
or damage arises has been put to its intended
use by any person or organization other than m-
other contractor or subcontractor engaged in per-
forming operations for a principal as a part of the
same project.
Copyright, Insurance Services Office, Inc., 2000
Page 1 of 1
w
CERTHOLDER COPY NA
STATE P 0. BOX 420807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 09-07-2006 GROUP:
POLICY NUMBER: 1715497-2006
CERTIFICATE ID: 3
CERTIFICATE EXPIRES: 05-22-2007
08-28-2006/05-22-2007
CITY OF SAN JUAN CAPISTRANO NA
ATTN: DIRECTOR OF ADMINISTRATIVE SERVICES
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO CA 92675-3603
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer.
We will also give you 10days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy aid does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
a0T`1ORIZeD REPRESENTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
EMPLOYER
FAIRBAW, MASLIN, MAULLIN 8 ASSOCITS INC NA
2425 COLORADO AVE STE 180
SANTA MONICA CA 90404
[AJC,CN]
IREV.2-051 PRINTED : 09-07-2006
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 493-1053 FAx
www. sanJuancapistrano. org
September 21, 2006
Fairbank, Maslin, Maullin & Associates
2425 Colorado Ave, Ste 180
Santa Monica, CA 90404
Attention: John Fairbank and Richard Bernard
Dear Mr. Fairbank and Mr. Bernard:
11
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A Personal Services Agreement related to performing focus groups and a voter opinion
survey concerning open space issues is in the process of being executed. It will be
issued upon receipt of required documentation related to contract terms under Section
13. Insurance.
Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK --
followed by original signed documents. I have enclosed a copy of the agreement terms
for your reference in supplying this documentation.
If you have questions specific to the contact, please contact the project manager,
William M. Huber, Assistant City Manager (949) 443-6336. Please call Christy
Swanson, Secretary, (949) 443-6310 if you have questions regarding the forms of
insurance needed.
Thank you,
,CMC
Clerk
cc: William M. Huber, Assistant City Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
c P,�„.� o., ,«,•,. Bxa.�c,eA P,�,
4
Fairbank,
Maslin,
Maullin &
Associates
Opinion Research
Public Poli(yAnalvsis
September 1, 2006
City of San Juan Capistrano
Attn: Mr. William Huber, A:
32400 Paseo Adelanto
San Juan Capistrano, CA 92,
Re: Contract Signatures
Dear Mr. Huber:
Enclosed are two (2) original wpics Vi uic ICV16CU cvniraUL iUr puonc opinion resrumn services
we are providing on behalf of the City of San Juan Capistrano, projects 220-2174 and 230-317.
This contract supersedes the contract sent on August 22. Per our email correspondence, the
section regarding errors and omissions coverage has been deleted. Please note that the initial
invoice for the focus groups was sent with the previous version of the contract.
Please sign, or have signed, both copies of the contract and return one (1) of the contracts back to
our office for our files at your earliest convenience. Mail the signed copy of the contract to:
Fairbank, Maslin, Maullin & Associates, Inc.
Attention: Accounting Department
2425 Colorado Ave., Suite 180
Santa Monica, CA 90404
Thank you,
6A&�
Colleen Kennedy
Accounting Clerk
Enclosures
2425 Colorado Avenue. Suite 180
Santa Monica, CA 90404
Phone: (310) 828-1183
Fax: (310) 453-6562
1999 Harrison Street Suite 1290
Oakland, CA 94612
Phone: (510) 451-9521
Far: (510) 451-0384
2006
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
TRANSMITTAL
TO
l
IA[OAIIIRO
FSIAILISA[A � 1961
1776
Fairbank, Maslin, Maullin & Associates
2425 Colorado Ave, Ste 180
Santa Monica, CA 90404
Attention: John Fairbank & Richard Bernard
FROM: Meg Monahan, MMC — City Clerk (949) 443-6308
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
RE: Personal Services agreement— Perform focus groups & voter opinion survey/Open space
issues
Enclosed:
Original, executed personal services agreement as approved by the City Council on
September 19, 2006. Thank you for forwarding certificates of insurance.
If you have questions regarding the agreement, please contact William M. Huber, Assistant
City Manager (949) 443-6336.
CC: William M. Huber, Assistant City Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
CJ PAintOd on 100%Recycled Paper