HomeMy WebLinkAboutA9057 - SYDNEY WISEMAN CONTRACT ABSTRACT
Contract
Company Name:
Company Contact:
Summary of Services:
Contract Price:
Funding Source:
Contract Term:
Sydney Weisman
Sydney Weisman
Communications Services for the Palm Springs
Homelessness and Affordable Housing
$10,000
10011050 50031
12 months
Contract Administration
Lead Department:
Contract Administrator:
Communications
Amy Blaisdell
Contract Approvals
Council/City Manager Approval Date:
Minute Order/Resolution Number:
Agreement Number:
n/a
Contract Compliance
Exhibits:
Signatures:
Insurance:
Bonds:
Business License:
√
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n/a
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Contract prepared by: Kim Baker
Submitted on: 1.27.2022 By: Kim Baker
DocuSign Envelope ID: 1809EDAC-AAC4-4A06-88EC-FBA826072A00
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JANUARY 25, 2022
SYDNEY WEISMAN
SENIOR PUBLIC RELATIONS COUNSEL
PALM SPRINGS, CALIFORNIA
Dear Sydney,
Letter Agreement for On-Call Communications Services for the Palm Springs Homelessness and
Affordable Housing
This letter shall be our agreement (“Letter Agreement”) regarding the On-Call Communications Services
described below (“Services”) to be provided by Sydney Weisman A SOLE PROPRIETORSHIP (“Consultant”)
as an independent contractor to the City of Palm Spring (“City”).
The Services to be provided include On-Call Communications Services related to Palm Springs
Homelessness and Affordable Housing. The Services to be provided are more particularly described in the
Scope of Services attached hereto as Exhibit “A” and are incorporated herein by reference. Services shall
begin upon execution of the contract and shall be completed in twelve months, unless extended by the City
in writing.
Consultant shall perform all Services in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the California, and
consistent with all applicable laws. Consultant represents that it, its employees and subconsultants have all
licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City business license, and such licenses and approvals shall be maintained throughout
the term of this Letter Agreement. Consultant shall keep itself fully informed of and in compliance with all
local, state and federal laws, rules and regulations in any manner affecting the performance of the Services.
All drawings, specifications, reports, records, documents, and other materials prepared by Consultant for
this Letter Agreement shall be the property of City.
Compensation shall be based on the actual amount of time spend in adequately performing the Services and
shall be billed at the hourly rate(s) described in the Consultant’s rate sheet, attached hereto as Exhibit “A”
and incorporated herein by reference. The total compensation shall not exceed $10,000.00 without written
approval of the Director of Communications. Consultant’s invoices shall include a detailed description of
the Services performed. Invoices shall be submitted to the City on a monthly basis as performance of the
Services progresses.
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq.,
as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”). If the
Services are being performed as part of an applicable "public works" or "maintenance" project , as defined
by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000
or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply
with such Prevailing Wage Laws, including, along with subcontractors, being registered with the
Department of Industrial Relations (Labor Code §§ 1725.1; 1771.1). It shall be mandatory upon Consultant
and all subcontractors to comply with all California Labor Code provisions, which in clude but are not
limited to prevailing wages (Labor Code §§ 1771; 1774; 1775), employment of apprentices (Labor Code §
1777.5), certified payroll records (Labor Code §§ 1771.4; 1776), hours of labor (Labor Code §§ 1813; 1815)
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and debarment of contractors and subcontractors (Labor Code § 1777.1). This Letter Agreement may be
subject to compliance monitoring and enforcement. Consultant shall defend, indemnify and hold the City,
its officials, officers, employees and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws.
Consultant shall take out and maintain: Automobile Liability Insurance for bodily injury and property
damage including coverage for owned, non-owned and hired vehicles, of at least $30,000.00 per occurrence
for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form
Number CA 00 01 covering automobile liability, Code 1 (any auto). Defense costs shall be payable in
addition to the limits. Insurance carriers shall be licensed and authorized to do business in California. Such
insurance carrier shall have not less than an "A:VII" rating according to the latest Best Key Rating unless
otherwise approved by City. Consultant shall add City, its officers, officials, employees, agents, and
volunteers as additional insureds on Consultant’s Commercial General Liability and Automobile Liability.
All insurance coverage maintained or procured pursuant to this Letter Agreement shall be endorsed to waive
subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers,
or shall specifically allow Consultant or others providing insurance evidence in compliance with these
specifications to waive their right of recovery prior to a loss. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required to
contribute with it. Consultant certifies that it is aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against liability for Workers’ Compensation or to
undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
City may terminate this Letter Agreement at any time with or without cause. If the City terminates this
Letter Agreement without cause before completion of the Services, Consultant shall be entitled to be paid
for those Services adequately completed prior to the notification of termination. Consultant may terminate
this Letter Agreement upon 30 calendar days’ written notice to the City but only in the event of City’s
failure to perform in accordance with the terms of this Letter Agreement through no fault of Consultant.
To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify
and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and
all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law
or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or
incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers,
employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s
Services or this Letter Agreement, including without limitation the payment of all expert witness fees,
attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by City, its officials, officers, employees, agents, or
volunteers. The only limitations on this provision shall be those imposed by Civil Code section 2782. If
Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance
as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the
extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s
indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication
by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall
not exceed the Consultant’s proportionate percentage of fault.
Consultant shall not discriminate against any employee or applicant for employment because of actual or
perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin,
immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity,
gender expression, physical or mental disability, or medical condition (each a “prohibited basis”).
Consultant shall ensure that applicants are employed, and that employees are treated during their
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employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to
enter this Letter Agreement, and in executing this Letter Agreement, Consultant certifies that its actions
and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited
basis in any Consultant activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is
in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without
limitation the provision of benefits, relating to non-discrimination in city contracting.
Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect
financial interest in this Letter Agreement nor shall Consultant enter into any agreement of any kind with
any such officer or employee during the term of this Letter Agreement and for one (1) year
thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third
party any money or other consideration in exchange for obtaining this Letter Agreement.
This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any
action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a
state or federal court situated in Riverside County, State of California. Consultant shall not assign, sublet,
or transfer this Letter Agreement or any rights under or interest in this Letter Agreement without the written
consent of the City. This Letter Agreement may not be modified or altered except in writing signed by both
parties. There are no intended third party beneficiaries of any right or obligation of the parties. This is an
integrated agreement representing the entire understanding of the parties as to those matters contained
herein, and supersedes and cancels any prior oral or written understanding or representations with respect
to matters covered hereunder. The unenforceability, invalidity or illegality of any provision(s) of this Letter
Agreement shall not render the other provisions unenforceable, invalid or illegal. Consultant warrants that
the individual who has signed this Letter Agreement has the legal power, right and authority to make this
Letter Agreement and bind the Consultant hereto.
If you agree with the terms of this Letter Agreement, please indicate by signing and dating where indicated
below.
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CITY OF PALM SPRINGS
Approved By:
Amy Blaisdell
Communications Director
Approved as to Form:
________________________________
Best Best & Krieger LLP
City Attorney
Attested By:
_____
Anthony Mejia, MMC
City Clerk
CONSULTANT
Signature
Name
Title
Date
DocuSign Envelope ID: F1A2A5AC-42BC-4296-B3F0-5F63466401F9
Sydney Weisman
1/26/2022
Consultant
DocuSign Envelope ID: 1809EDAC-AAC4-4A06-88EC-FBA826072A00
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EXHIBIT “A”
SCOPE OF SERVICES
Sydney Weisman
Senior Public Relations Counsel
Palm Springs, California
323.804.3102
ON-CALL COMMUNICATIONS PROPOSAL FOR SERVICE
SYDNEY WEISMAN CONSULTING
FOR
THE CITY OF PALM SPRINGS, HOMELESSNESS AND AFFORDABLE HOUSING
The lack of adequate affordable housing in the city of Palm Springs and the persistent homelessness
that lack generates are recognized as serious public policy challenges. The city of Palm Springs recognizes
the need for low-income and permanent supportive housing as well as on-going service provider
organizations’ availability to address this issue. The city recognizes the need for the public policies which
can assist in developing meaningful change as it also recognizes that widespread public understandin g of
and support for meaningful change are essential.
The City of Palm Springs has requested assistance in helping shape and formulate communications
on these critical public policies. The city has also requested assistance for fast and comprehensive response
to concerns raised by the issue of homelessness in the city.
Sydney Weisman, a professional communications consultant, proposes to use this platform as the
foundation for assisting the city to formulate effective media and community communications and outreach
as issues arise.
Below is a brief outline for the scope of work Ms. Weisman will provide:
1. As part of her work for the city and to keep on top of the community perspective, Ms. Weisman
will attend designated community meetings on a regular basis and monitor social media platforms
in regards keeping up with the community perspective.
2. Ms. Weisman will work with staff on community outreach in Palm Springs, a vital part of gaining
trust and acceptance for homeless policy initiatives.
3. Ms. Weisman will work with designated Coachella Valley provider organizations to help them
shape stories on their services, outstanding staff or volunteers, programs and particularly on those
they have helped who are succeeding, especially those adding benefit to their communities.
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4. Ms. Weisman will work with City Manager Justin Clifton, City Communications Director Amy
Blaisdell and other designated executive staff to assist in shaping the content of public statements
and with editing news releases, opinion page pieces and responses to news media.
5. Ms. Weisman’s services for the City can also include suggestions for communications initiatives
and shaping their strategy and content as well as help with crisis communications.
6. Regularly scheduled monthly meetings are essential to the best and most effective PR strategies.
Of primary use are regular interim discussions on an as needed basis. These communications are
also part of Ms. Weisman’s services included in this proposal.
7. Ms. Weisman will work with staff to adjust the tasks outlined here, expand on strategies as needed
while eliminating other tasks proved unnecessary to the assignment.
Ms. Weisman will undertake on-call communications services as described below:
1. On -call services at the rate of $85 per hour.
2. A monthly accounting of all counsel and service will be submitted to the designated staff person
on the first of the month. Monthly counsel includes Account Services (AS) such as public
meeting attendance, meetings with providers, revision of client documents and associated
media documents, fact sheets, marketing copy; digital communications and telephone
consultations. All counsel and service are reported in quarter hour increments.
.
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