Loading...
22-019 Wayne Prescott for Park Dedication Fee StudyPark Dedication Fee Study Page 1 of 9 Professional/Consulting Contracts /Version: October 2021 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Wayne Prescott and Associates (“Contractor”), a Sole Proprietorship/Individual for Park Dedication Fee Study, and is effective on the last date signed below (“Effective Date”). 2. SERVICES Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on April 18, 2022 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by April 18, 2022. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $14,500.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending Park Dedication Fee Study Page 2 of 9 Professional/Consulting Contracts /Version: October 2021 claims for City approval. Failure to timely submit a complete and accurate payment requisi tion relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, p ersonal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Park Dedication Fee Study Page 3 of 9 Professional/Consulting Contracts /Version: October 2021 Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Park Dedication Fee Study Page 4 of 9 Professional/Consulting Contracts /Version: October 2021 Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees , agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in Park Dedication Fee Study Page 5 of 9 Professional/Consulting Contracts /Version: October 2021 the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. Park Dedication Fee Study Page 6 of 9 Professional/Consulting Contracts /Version: October 2021 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Jenn Chu as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Wayne Prescott as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of Park Dedication Fee Study Page 7 of 9 Professional/Consulting Contracts /Version: October 2021 California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of ever y kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Park Dedication Fee Study Page 8 of 9 Professional/Consulting Contracts /Version: October 2021 Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Jenn Chu Email: jennc@cupertino.org To Contractor: Wayne Prescott and Associates 1108 Robway Ave. Campbell, CA 95008 Attention: Wayne Prescott Email: wprescott@valuationconsultant.net 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date Wayne F. Prescott Wayne F. Prescott Sole Proprietor/Appraiser Feb 3, 2022 Chad Mosley City Engineer Feb 3, 2022 Park Dedication Fee Study Page 9 of 9 Professional/Consulting Contracts /Version: October 2021 APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Christopher D. Jensen Feb 3, 2022 Revised, 01.01.19 Declaration of Sole Proprietorship DECLARATION AND ADDENDUM TO ALL CONTRACTS ENTERED INTO OR BID AWARDED TO: ______________________________, hereinafter “Organization” For the purpose of inducing the City of Cupertino (“City”) to enter into any contracts with Organization, or to go forward with any contracts awarded to Organization, I declare as follows: I am the authorized representative of Organization, an independent contractor for the purposes of workers' compensation and labor laws in the State of California. This Organization will hire no employees for work required for any bid awarded or any contract entered into with the City. All work required will be performed personally and solely by me. If the Organization hires employees to perform this contract or any portion thereof, the Organization shall obtain workers' compensation insurance and provide proof of such coverage to the City. If the Organization hires a subcontractor to perform this contract or any portion thereof, and the subcontractor has employees, then the Organization shall require its subcontractor to obtain workers' compensation insurance coverage. In the alternative, the Organization shall obtain workers' compensation insurance coverage on behalf of the subcontractor's employees. This document constitutes a declaration by the Organization against its financial interest, relative to any claims that it may assert under the applicable workers' compensation and/or labor laws against the City relating to any bid awarded or contract entered into with this Organization. The Organization shall defend, indemnify and hold harmless the City from any and all liability, claims, demands, causes of action, charges, damages, injuries, fees including attorney fees, costs and expense that may be asserted or established by any person or entity in the event the Organization hires an employee in violation of this addendum. I agree that this declaration shall constitute an addendum to any bid awarded or any contract entered into with this Organization. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ______________________________ DATE ______________________________ AUTHORIZED RESPRESENTATIVE Wayne F. Prescott Wayne Prescott and Associates Feb 3, 2022 Revised 1.05.21 Contractor/Consultant Affidavit of No Employees State of California County of Santa Clara City of Cupertino I, the undersigned, declare as follows: I am an independent contractor and the owner of . I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers’ compensation insurance to the City of Cupertino for any and all employees I may have, pursuant to Section 12 of the City of Cupertino’s contract. I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contract with the City of Cupertino. I am not required to have Workers’ Compensation insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this ____day of ____________, 2022, at , California. ______________________________ PRINT NAME ______________________________ SIGNATURE Wayne F. Prescott Wayne Prescott and Associates Wayne F. Prescott 3rd February Campbell Wayne Prescott & Associates Exhibit A Park Dedication Fee Study EXHIBIT A The requirements for Basic Services are set forth in this Exhibit A, including general requirements and specific Tasks. This is an exhibit attached to, and made a part of, the Agreement between the City of Cupertino (“City”) and Wayne Prescott & Associates (“Contractor”) for the provision of Park Dedication Fee Study (Hereafter referred to as “Services”). Contractor shall perform the Services as detailed in the following sections. SECTION 1. GENERAL A.Scope of Work: The work to be performed under this Agreement includes the preparation of a report that summarizes the residential land selling prices for the City of Cupertino. The Contractor will provide each and every service as indicated in the scope of services set forth in Exhibit A-1. B.General Performance Requirements: 1.The performance of all services by Contractor shall be to the satisfaction of the City, in accordance with the express terms hereof, including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this Agreement. 2.The City’s Department of Public Works shall manage the Agreement. Contractor shall receive final direction from the City’s City Engineer or his/her authorized designee (hereinafter collectively “ City”) only. The City shall resolve any conflicting direction from other groups, departments or agencies. 3.Contractor shall coordinate this scope of services with the City as well as with other City Contractors, as needed or as directed by the City. Contractor shall coordinate all responses to comments through the City. 4.Contractor shall designate and provide to the City the names of their team members for the Services. The team members shall be satisfactory to the City. Contractor shall not substitute any team members without the prior approval of the City. 5.Contractor’s services shall be performed as expeditiously as is consistent with professional skill and care and the orderly process of the work. The schedule for the performance included in EXHIBIT B, may be adjusted by mutual agreement. 6.When the City determines that the Services requirements have been sufficiently identified, Contractor shall prepare and update the Service schedule for the City at the beginning of each TASK as defined in SECTION 2 - “TASK” of this EXHIBIT A. The Services schedule shall identify milestone dates for decisions required of the City, design services furnished by Contractor and Contractor’s Wayne Prescott & Associates Exhibit A Park Dedication Fee Study Subcontractors, deliverables to be furnished by Contractor, completion of documentation provided by Contractor, and as identified in the exhibits under this Agreement. 7.Contractor shall submit the report and any necessary documents to the City, according to SECTION 2 – “TASKS”, of this EXHIBIT A for purposes of evaluation and approval by the City. The City will review the report during each phase. Contractor will meet with the City for progress review at various stages of the Services. Contractor will be responsible for causing the appropriate Subcontractor(s) to attend any meetings included in this SCOPE OF SERVICES. Contractor shall make revisions to the documents as required for each task in a timely manner. SECTION 2. TASKS Contractor may provide any or all of the following tasks and subtasks, as is required for the Services: Task 1.0 Contractor shall prepare an initial draft report of the study and Contractor’s findings. The initial draft report should be as complete as possible, with all pertinent data, spreadsheets and exhibits. The initial draft report will be prepared for the City’s review and comment. The City will review the report in a timely manner and provide a list of comments and questions to the Contractor. Task 2.0 Contractor shall prepare the final report, which incorporates and clarifies the City’s comments and questions. The final report will be the completed document, with all completed data, spreadsheets and exhibits as indicated in the scope of services set forth in Exhibit A-1. The City will review the final report for completeness. In the event the City has further comments or questions on the final report, the Contractor will work with the City to address these outstanding issues in order to finalize the document. ADDITIONAL SERVICES Contractor Services beyond the work in these tasks may be provided by Contractor as Additional Services only if such Additional Services are authorized in writing by the City in advance. An Additional Services amount of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) is made a part of this agreement. Additional services may be paid for as a negotiated maximum not to exceed amount or by a time and materials cost accounting with a maximum not to exceed. Wayne Prescott and Associates Wayne F. Prescott, MBA, MAI Real Property Valuation and Consulting (408)891-1956 Wayne Prescott and Associates / 1108 Robway Avenue / Campbell, CA 95008 Serving the Real Property Valuation Needs of Attorneys, Public Agencies and Private Clients throwout Northern California January 13, 2022 Jennifer Chu, P.E., Senior Civil Engineer City of Cupertino | Public Works Department 10300 Torre Ave | Cupertino, CA 95014 Office: 408.777.7604 | Fax: 408.777.3333 JenniferC@cupertino.org RE: Residential In-Lieu Fee Report 2022 Dear Ms. Chu: This letter is a proposal for Wayne Prescott and Associates to provide you with valuation consulting services. The fair market value of residential land in Cupertino will be the subject of this consultation. You need to know what the unit value ($/SF) cost is for the typical residential lot, or residential subdivision/multi-family site, in various neighborhoods in Cupertino. I understand that my work product will be used by you and the City as one tool to establish in lieu fees for residential land in Cupertino. I am pleased to advise that we could deliver a summary of residential land selling price data for Cupertino land that will report the prices paid on a spreadsheet that will delineate: price paid street address lot size (acres) lot size (square feet) price paid per unit (SF or acres as appropriate) market conditions or “time” adjustment factor adjustment to the appropriate entitlement status and level of improvement whether improvements were demolished and/or reconstructed adjustment for demolition costs if warranted indicated value for the land sale Wayne Prescott and Associates / 1108 Robway Avenue / Campbell, CA 95008 Serving the Real Property Valuation Needs of Attorneys, Public Agencies and Private Clients throwout Northern California We will discover the sales data using these resources: MLSListings.com Realquest Summary of the Public Record Commercial Sales Databases such as Loopnet Trulia.com Zillow.com City of Cupertino property records Most of the data for the higher-density categories will come from subscription services that we utilize when we need data on the sale of development sites. Please send any City Property Records that you believe may be useful, such as building permit data for new homes that will identify sites that may be recent land sales. The data base within each resource will be searched using these parameters: Located in Cupertino Date of Sale – January 1, 2019 through December 31, 2021 Land or Lots Key Words - Bare Land, Finished Lot, Teardown, Fixer-Upper The data will extend the spreadsheets utilized in the previous report, expanded to include sales data points created by sales that occurred during 2021. As in the 2021 report, I will place greater emphasis on the more recent data, and the old data will be adjusted to account for changing market conditions. No data will be destroyed; the spreadsheet will include pre-2018 data, but it will not be analyzed in this study. As in the past, we will adjust each sale to a similar level of entitlement and/or physical status. “Finished lot” status will be the appropriate level for the lower densities. For the higher density product, the tentative map stage will be appropriate, since that is the point of entitlement that typically sets the price for such transactions. Wayne Prescott and Associates / 1108 Robway Avenue / Campbell, CA 95008 Serving the Real Property Valuation Needs of Attorneys, Public Agencies and Private Clients throwout Northern California The data will be displayed on a spreadsheet, arranged within the residential Land Use categories based on density, discussed in Envision Cupertino 2015-2040: HD 35 Units per acre MHD 20-35 Units per acre MD 10-20 Units per acre LM 5-10 Units per acre Low 1-6 Units per acre VLD Slope-Density formula VLD 1-2 Acres/Lot; 0.5-1.0 Units per acre VLD 5-10 Acres/Lot; 0.05-0.10 Units per acre A further breakdown by Neighborhood identified in Envision Cupertino can also be applied: Oak Valley, Inspiration Heights, Rancho Rinconada, etc. School district will also be identified. For those land use categories with limited sales data at either end of the density range (both the higher density classes and low density/formula classes), I propose that we expand the search to neighboring cities if necessary to provide enough data points to be meaningful. The theory that applies here is that a developer with the financial capability to develop a high unit density prodct will not restrict his search for suitable sites to one municipality; and that a home purchaser seeking the kind of semi-rural view lot in the slope/density class may not restrict his search to Cupertino, with due consideration for the quality of the school district. The narrative report will describe the various sections and discussion points in the Envision statement and Park Dedication Fee statute that will enable the reader to understand why the data was prepared and presented in this way. Although this will not be an “Appraisal Report” since we are not appraising a particular property, it will be prepared and written to conform to the Uniform Standards of Professional Appraisal Practice (USPAP) and the Code of Ethics and Standards of Professional Practice of the Appraisal Institute. I believe our study presented in this manner will enable you to customize the way you apply the data. I propose to prepare this report at a price capped at a minimum of $10,000 and a maximum of $12,000, at an hourly rate of $300, to be delivered about 4 weeks after engagement. You may recall that the total cost last year was $12,700. The exact cost will be largely a function of how much data we discover. The more data available to evaluate, the more meaningful the results will be. Delivery in mid-February/early March should occur if we can engage me this month. Wayne Prescott and Associates / 1108 Robway Avenue / Campbell, CA 95008 Serving the Real Property Valuation Needs of Attorneys, Public Agencies and Private Clients throwout Northern California As in the past, I will advise my E & O and General Liability insurance carriers to prepare certificates naming the City as a Named Insured. I have no employees and no Worker’s Comp coverage. I understand that you will work with the City Attorney to waive the City as a specified insured on my auto policy with AAA, who does not issue additional named insured endorsements. As a matter of fact, the work will be conducted from my desktop; there will be no need to use a vehicle to accomplish this assignment. Please send me the City’s records regarding newly issued permits to build and tear down houses, updating the list from last year. Very Truly Yours, Wayne F. Prescott, MAI Wayne Prescott & Associates Exhibit B Park Dedication Fee Study EXHIBIT B SCHEDULE OF PERFORMANCE Contractor shall complete all work by April 18, 2022. This Schedule of Performance establishes the milestones for commencement and completion of the Tasks for Basic Services as specified in Exhibit A, Scope of Services. TASK # TASK DESCRIPTION DURATION Task #1: Draft Report 2 weeks after Notice to Proceed (NTP) for this Task Task #2 Final Report March 25, 2022 Wayne Prescott & Associates Exhibit C Park Dedication Fee Study EXHIBIT C COMPENSATION Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C. This Exhibit C on Compensation supplements the provisions of Section 4 of the Agreement on Compensation, as further specified in Section 4. 1. BASIC SERVICES BUDGET SCHEDULE The following budget schedule will be used to determine monthly compensation for Basic Services based on the degree of completion, subject to confirmation and agreement by the City, and budget for each listed Task: TASK # TASK DESCRIPTION TASK BUDGET 1 Draft Report $9,000 2 Final $3,000 Additional Services 2,500 Total Services: $ _______14,500_____________ Contractor may not bill in excess of the Task Budget amount for any Task without prior written authorization from the City. The City has the discretion, but not the obligation, to reallocate the budgeted amounts for each Task, subject to the not to exceed limit specified in Section 4. 2.HOURLY COMPENSATION FOR ADDITIONAL SERVICES A.Hourly Rate Schedule. The City will compensate the Contractor for satisfactory performance of duly authorized Additional Services which are subject to hourly billing, based on the hourly rate(s) set forth below, but subject to the compensation limits in Section 4 of the Agreement. The hourly rates are deemed to include all costs including, salary, wages, benefits, taxes, insurance, and the like paid to or on behalf of each individual providing the Services, and are also deemed to include profit, overhead, vehicle, equipment and supply costs and the like. The hourly rates do not include Reimbursable Expenses, which are addressed below and in Section 4 of the Agreement. These hourly rates will remain in effect for the Term of the Agreement unless changed by written amendment to the Agreement. Wayne Prescott & Associates Exhibit C Park Dedication Fee Study Consultant Hourly Rates: Project Manager $ 300.00 Assistant $ 150.00 C.Reimbursable Expenses. The following are allowed Reimbursable Expenses for authorized Additional Services compensated on an hourly basis (time and expenses), subject to the compensation limits in Section 4 of the Agreement: •Necessary subcontractor services •Individual or multiple document reproductions that exceed 50 pages •Special software required by City specifically for the Project, excluding standard software programs such as Microsoft Office suite applications (i.e. Word, Excel, PowerPoint, Project, etc.), Adobe Acrobat, or standard photo editing programs END OF EXHIBITS Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.  Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. ADDITIONAL INSURED – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE The BUSINESSOWNERS LIABILITY COVERAGE FORM is amended as follows: A.With respect to the additional insured described in Paragraph B. of this endorsement, the following exclusions are added to Paragraph 1. Applicable To Business Liability Coverage under Section B. Exclusions: This insurance does not apply to: 1.“Bodily injury” or “property damage” for which the additional insured(s) is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. 2.“Bodily injury” or “property damage” occurring after: a.Your ongoing operations at the location of covered operations other than service maintenance or repairs performed by you or on your behalf have been completed; or b.The portion of your ongoing operation out of which the “bodily injury” or “property damage” arises has been put to its intended use by any person or organization. But in no event shall this insurance apply to “bodily injury” or “property damage” arising out of your operations that were completed prior to the effective date of this endorsement. 3.“Bodily injury” or “property damage” arising out of any act or omission of the additional insured(s) or any of its “employees”, agents or contractors other than you, except for general supervision by the additional insured(s) of your ongoing operations performed for that additional insured. 4.“Property damage” to: a.Property owned, used or occupied by or rented to the additional insured(s); b.Property in the care custody or control of the additional insured(s) or over which the additional insured(s) exercise physical control; or c.Any work including materials, parts or equipment furnished in connection with such work which is performed for the additional insured by you. POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. J6840 2nd Edition J6840-ED2 09-18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 93-6840 J6840201 Name Of Additional Insured Person(s) Or Organization(s): Location Of Covered Operation(s): Effective Date Of Endorsement: If no entry appears above, information required to complete this endorsement will be shown in the Declarations. THE CITY OF CUPERTINO, ITS CITY COUNCIL, OFFICERS, 01/28/2021 10300 TORRE AVE CUPERTINO, CA 95014 607187423 B.Section C. Who Is An Insured is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only to the extent that the additional insured(s) is held liable for “bodily injury” or “property damage” caused in whole or in part by: 1.Your ongoing operations performed for such person or organization at the location designated above; 2.The acts or omissions of your subcontractors acting on “your” behalf on the scheduled project in the performance of your ongoing operations for the additional insured(s) which start and are completed within the effective period of this endorsement; or 3.The acts or omissions of such additional insured(s) in connection with its general supervision of such operations. C.With respect to this endorsement, “wrap up policy” means an Owner or Contractor Controlled Insurance Program providing one or a series of policies designed to cover a specific construction project that insures all of the persons and entities working on such project. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended as follows: A.With respect to the additional insured described in Paragraph B. of this endorsement, Section H. Other Insurance is replaced by the following: H. Other Insurance 1. Primary and Noncontributory Insurance The coverage provided to an additional insured under this endorsement shall be primary and noncontributory ONLY to any insurance issued directly to the additional insured if: a.The Named Insured agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis; b.Such written contract or written agreement referenced in a. above was executed prior to the issuance of this endorsement; c.The additional insured designated herein has a policy with an Other Insurance provision making that policy excess; and d.There is no “wrap up policy” in effect for the work performed at the location designated in the Schedule of this endorsement. 2. Excess Insurance If there is other valid and collectable insurance available to the additional insured(s) as an additional insured under other policies covering the work performed at the location designated and described in the schedule of this endorsement, this insurance will be excess over those policies. J6840-ED2 09-18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 93-6840 J6840202 This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ___________________________________________ Effective Date Policy Number This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS - BP 00 09 SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this Endorsement must be shown in the Declarations as applicable to this endorsement.) The provisions of the Businessowners Common Policy Conditions are modified by this endorsement as follows: Condition K. Transfer Of Rights Of Recovery Against Others To Us in the Businessowners Common Policy Conditions is amended by the addition of the following: 3.We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your work done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. E3306-ED1 6-97 Includes Copyrighted Material of Insurance Services Office, Inc., with its permission.Page 1 of 1 91-3306 E3306101 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. E3306 1st Edition 607187423 THE CITY OF CUPERTINO, ITS CITY COUNCIL, OFFICERS, 01/28/2022 AMENDMENT OF ADDITIONAL INSURED This endorsement modifies insurance provided under the: BUSINESSOWNERS COVERAGE FORM BUSINESSOWNERS LIABILITY COVERAGE FORM BUILDING AND PERSONAL PROPERTY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM APARTMENT OWNERS LIABILITY COVERAGE FORM CONDOMINIUM LIABILITY COVERAGE FORM SCHEDULE POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. J7105 3rd Edition Name(s)Of Additional Insured Person(s)Or Organization(s): J7105-ED3 05-18 Includes copyrighted material of Insurance Services Office,Inc.,with its permission.Page 1 of 2 93-7105 J7105301 THE CITY OF CUPERTINO, ITS CITY COUNCIL,OFFICERS, OFFICIALS,EMPLOYEES,AGENTS,SERVANTS AND VOLUNTEERS 60718-74-23 CERTIFICATE OF INSURANCE Producer:Issue Date:06/11/2021 This Certificate is issued as a matter of information only and LIA ADMINISTRATORS &INSURANCE SERVICES confers no rights upon the Certificate Holder.This Certificate P.O.Box 1319 does not amend,extend or alter the coverage afforded by the Santa Barbara,CA 93102-1319 policy below. Insured:125069 COMPANY AFFORDING COVERAGE PRESCOTT,WAYNE &ASSOCIATES 1108 Robway Avenue Aspen American Insurance Company Campbell,CA 95008 Fax Number:000-000-0000 Authorized Representative This is to certify that the policy of insurance listed below has been issued to the Insured named above for the policy period indicated. Notwithstanding any requirement,term of condition of any contract or other document with respect to which this Certificate may be issued or may pertain,the insurance afforded by the policy described herein is subject to all the terms,exclusions and conditions of such policy.Limits shown may have been reduced by paid claims. DISCLAIMER:This certificate of insurance does not affirmatively or negatively amend,extend,or alter the coverage afforded by the insurance policy. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS Professional Liability AAI010179-02 07/13/2021 07/13/2022 Each Claim $1,000,000 General Aggregate $2,000,000 Description of Operations/Locations/Special Items: REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY INSURANCE Certificate Holder:Cancellation: City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 10300 Torre Ave BE CANCELLED BEFORE THE EXPIRATION DATE Cupertino,CA 95014 THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. LIA0001 (11/97) Wayne Prescott for Park Dedication Fee Study Final Audit Report 2022-02-04 Created:2022-02-03 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAq6tjnd_gd1pBSWJQqzwfUW1_Z1-L1t9L "Wayne Prescott for Park Dedication Fee Study" History Document created by City of Cupertino (webmaster@cupertino.org) 2022-02-03 - 10:01:40 PM GMT- IP address: 35.229.54.2 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2022-02-03 - 10:06:48 PM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2022-02-03 - 10:07:32 PM GMT - Time Source: server- IP address: 216.198.111.214 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-02-03 - 10:07:35 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-02-03 - 11:25:13 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Wayne F. Prescott (wprescott@valuationconsultant.net) for signature 2022-02-03 - 11:25:16 PM GMT Email viewed by Wayne F. Prescott (wprescott@valuationconsultant.net) 2022-02-03 - 11:39:59 PM GMT- IP address: 73.93.217.120 Document e-signed by Wayne F. Prescott (wprescott@valuationconsultant.net) Signature Date: 2022-02-03 - 11:42:43 PM GMT - Time Source: server- IP address: 73.93.217.120 Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature 2022-02-03 - 11:42:47 PM GMT Email viewed by Christopher D. Jensen (christopherj@cupertino.org) 2022-02-03 - 11:53:51 PM GMT- IP address: 104.47.73.254 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-02-03 - 11:54:08 PM GMT - Time Source: server- IP address: 136.24.42.212 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2022-02-03 - 11:54:11 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2022-02-04 - 0:15:57 AM GMT- IP address: 104.47.74.126 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2022-02-04 - 0:16:25 AM GMT - Time Source: server- IP address: 67.164.60.110 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-02-04 - 0:16:28 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-02-04 - 0:18:00 AM GMT- IP address: 172.225.89.110 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-02-04 - 0:18:12 AM GMT - Time Source: server- IP address: 174.194.139.178 Agreement completed. 2022-02-04 - 0:18:12 AM GMT