22-076 Wayne Prescott and Associates for Appraisal ReviewAppraisal Review
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Services Agreement ($5,000) / August 2021
SERVICES AGREEMENT
($5,000 OR LESS)
1. Parties. This Agreement (“Agreement”) is made by and between the City of Cupertino, a municipal
corporation (“City”) and Wayne Prescott and Associates (“Contractor”), a Sole
Proprietorship/Individual, and is effective on the last date signed below (“Effective Date”).
2. Services. Contractor agrees to provide the programs, classes or activities (“Services”) set forth in detail
in the Scope of Services, attached and incorporated here 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. This Agreement begins on the Effective Date and ends on June 30, 2022
“Contract Time”), unless terminated earlier as provided herein. Contractor must deliver the Services in
accordance with the Schedule of Performance included or attached to Exhibit A. 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. The City’s designated supervisor for this Agreement may extend
the Contract Time by up to six (6) months through a written amendment to this Agreement, provided
such extension does not include additional contract funds.
4. Compensation. City will pay Contractor for satisfactory performance of the Services an amount that
will based upon actual costs but that will be capped so as not to exceed $2,500.00 (“Contract Price”),
based upon the Scope of Services and the budget and rates included in Exhibit A. The maximum
compensation includes all expenses and reimbursements and will remain in place even if Contractor’s
actual costs exceed the capped amount. Upon City approval of written invoices, Contractor will be paid
as follows: (check one; cross out others):
☒ A lump sum amount of $2,500.00 which shall not exceed the
Contract Price.
☐ At the rate of $_______ per hour for a total not to exceed the Contract
Price.
☐ Based on the payment schedule included or attached to Exhibit A which shall not
exceed the Contract Price.
5. Independent Contractor. 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, workers compensation or other benefits from the City. Contractor must have the skills and
qualifications to perform the Services in a competent and professional manner, and must be licensed,
registered, and/or certified and have a City Business License. Contractor will supply all tools, materials
and equipment required to perform the Services under this Agreement.
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
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employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise
against City for seniority, vacation time, vacation pay, sick leave, personal 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.
7. Assignment. This Agreement is not assignable. Contractor may not substitute another or transfer any
rights or obligations under this Agreement without prior written approval of City. Only those persons
whose names are included in Exhibit A may perform the Services.
8. Indemnification. 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;
Contractor must pay any costs City may incur in enforcing this provision and must accept a tender of
defense upon receiving notice from City. 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.
9. Insurance. Contractor shall comply with the Insurance Requirements, attached and incorporated here
as Exhibit B, 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.
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10. Compliance with Laws. Contractor shall comply with all laws and regulations applicable to this
Agreement, included without limitation the following laws:
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.
☒ Sole Proprietor. If Contractor is a sole proprietorship/individual, it must sign
the Affidavit of No Employees included in this Agreement.
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, Contractor understands that harassment and discrimination directed
toward a job applicant, an employee, a City employee, or any other person, by Contractor or
Contractor's 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.
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 the California Code of Regulations. Contractor agrees to abide by the
City’s rules governing gifts to public officials and employees.
11. Abandonment. City may abandon or postpone the Project at any time. Contractor will be compensated
for satisfactory Services performed through the date of abandonment.
12. Termination. City may terminate this Agreement for cause or without cause at any time. City reserves
the right to terminate the Agreement and the remainder of the Services offered by Consultant without
notice based upon Contractor’s cancellation of a Service (i.e., program, class or activity) without
giving advance notice or obtaining written approval from City.
13. Governing Law. 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
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.
14. Entire Agreement. This Agreement represents the full and complete understanding of every kind or
nature between the Parties, and supersedes any other agreement or understanding, either oral or
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written, between the Parties. Any changes to 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. Each provision and clause
required by law for this Agreement is deemed to be inserted and will be inferred herein.
15. Services Coordinator. The Parties designate the following persons as Services Coordinators for this
Agreement. Contractor’s designation and any substitution are subject to City approval.
For City: For Contractor:
Emi Sugiyama Wayne Prescott
Assistant Planner Appraiser
EmiS@cupertino.org wprescott@valuationconsultant.net
16. Contract Interpretation. There are no intended third party beneficiaries of this Agreement. Neither
acceptance of the Services nor payment therefor shall constitute a waiver of any contract provision.
City’s waiver of a breach shall not constitute waiver of another provision or breach. The headings in
this Agreement are for convenience only. The Indemnification and Governing Law sections expressly
survive this Agreement.
17. Severability. If a term or provision of the Agreement or its application to a particular situation is found
by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in effect
to the extent allowed by such ruling. All other terms and provisions of this Agreement or their
application to specific situations shall remain in full force and effect.
18. Notices. All notices, demands, requests, and approvals must be sent to the persons below in writing,
and will be considered effective on the date of personal delivery, upon confirmation of delivery by a
reputable overnight delivery service, on the fifth calendar day after deposit thereof 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: Emi Sugiyama
Email: EmiS@cupertino.org
To Contractor:
Wayne Prescott and Associates
1108 Robway Ave,
Campbell, CA 95008
Attention: Wayne Prescott
Email: wprescott@valuationconsultant.net
19. Execution. Contractor’s signatory warrants that he or she is authorized to execute the Agreement and
to legally bind 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.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed as of the
Effective Date written above.
CITY OF CUPERTINO
A Municipal Corporation
WAYNE PRESCOTT AND ASSOCIATES
By:
By:
Name: Name:
Title:
Date:
Title:
Date:
APPROVED AS TO FORM:
By:
CHRISTOPHER D. JENSEN
City Attorney
ATTEST:
By:
KIRSTEN SQUARCIA
City Clerk
Date:
Wayne F. Prescott
Wayne F. Prescott
Commercial Appraiser
Jun 14, 2022
Christopher D. Jensen
Benjamin Fu
Director of Community Development
Jun 14, 2022
Jun 14, 2022
Engagement Agreement: Appraisal Review -22690 Stevens Creek Boulevard
Wayne Prescott and Associates / Campbell, CA 95008 / 408-891-1956
March 23, 2022
Emi Sugiyama
Assistant Planner
Community Development
EmiS@cupertino.org
(408)777-3205
City of Cupertino
10300 Torre Ave | Cupertino, CA 95014
RE: Agreement to Engage Wayne Prescott and Associates to
Prepare an Appraisal Review and Deliver an Appraisal Review Report
Dear Ms.Sugiyama:
I am pleased to deliver an agreement to engage my services to provide an Appraisal Review and
Report of the Appraisal Report written by Shervin Amirmazaheri with the firm of Key Appraisal
Services dated February 26, 2022 for the real property known as 22690 Stevens Creek Boulevard,
Unit 2, in Cupertino, California. My Appraisal Review Report will address the completeness,
adequacy, relevance, appropriateness, reasonableness, and credibility of the report under review.
A.Scope of Services
I will review the report of Mr. Amirmazaheri. This will be accomplished by first reading it, and then:
I will independently determine the land use ordinances that apply to the subject property for
comparison to the reported ordinances;
I will run the MLS for a timeline and geographical area wide enough to generate data on
several properties that in my opinion appear comparable to the subject property;
I will address the adjustments made by Mr. Amirnazheri to his comparables.
I will visit the comparable properties cited in the report under review, and those which I
generate, and/or observe each of them using available online technology;
I will deliver a narrative Appraisal Review Report, prepared 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.
Exhibit A
Engagement Agreement: Appraisal Review -22690 Stevens Creek Boulevard
Wayne Prescott and Associates / Campbell, CA 95008 / 408-891-1956
B. Schedule of Performance
The sole service to be engaged is to review the Appraisal Report and prepare an Appraisal Review
Report based upon an Appraisal Review which I will undertake, conforming to the applicable
appraisal standards cited above. This work product will be delivered one week after receipt of a
signed copy of this document as well as all other documents required by the City to complete my
engagement. The work product will be solely the work of Wayne F. Prescott.
C. Compensation
The necessary work will be performed at an hourly rate of $325, capped at a minimum of $1500 and
a maximum of $2500.
D. Insurance
I recently provided the City with all necessary insurance documents when I was engaged in February
2022 by Jennifer Chu to complete an update of my annual residential land selling price survey to
support the City’s In-Lieu Fee Schedule. I have attached a copy of my Automobile policy declaration
page, indicating the renewal of this policy on March 16, 2022.
E. Necessary Documents to be Provided by Client
I will need these items to expedite my work:
I believe the site of the condominium that was appraised is either a vacant lot or a
construction project. I will need a copy of development agreements and other documents
prepared by the City and the owners of this property. That is, the planning file for the
condominium project. I will not need the complete file. Please contact me after engagement
to discuss the available information and my specific needs;
A copy of the Schedule of Prices that the developer intends to release to potential buyers of
units in the condominium project.
Very Truly Yours,
Wayne F. Prescott, MAI
Insurance Requirements for Services Agreement ($5,000 or less)
1
Version: Sept. 2019
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the performance and results
of the Services hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering
CGL on an “occurrence” basis, including products and completed operations, contractual liability,
property damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000
per occurrence. If a general aggregate limit applies, either the general aggregate limit shall
apply separately to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence
limit.
a.It shall be a requirement under this agreement 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 (1) the minimum
coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits
of coverage of any insurance policy, whichever is greater.
b.Additional Insured coverage under Contractor'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 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 Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has
no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), 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 if Contractor provides written verification it has no employees).
4.Professional Liability. Insurance which includes coverage for professional acts, errors and omissions,
with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable).If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires
and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to
be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising
out of the Services performed by or on behalf of Contractor including materials, parts, or equipment
EXHIBIT B
Insurance Requirements
Services Agreement ($5,000 or less)
Insurance Requirements for Services Agreement ($5,000 or less)
2
Version: Sept. 2019
furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not
available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later
edition is used.
Primary Coverage
For any claims related to this Contract, the Contractor’s insurance coverage shall be primary coverage at least
as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be
excess of Contractor’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
Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may
acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
City may approve self-insured retentions and require proof of Contractor’s ability to pay losses and related
investigations, claim administration and defense expenses within the retention. The policy shall provide, or
be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an
A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better.
Claims Made Policies (applicable only to professional liability)
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
2. Insurance must be maintained for at least five (5) years after completion of the Services.
3. 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 Contractor must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the Services.
Verification of Coverage
Contractor shall furnish the City with acceptable original 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 to City prior to commencing the
Services. City retains the right to demand verification of compliance at any time during the Contract.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional insured on insurance required from
subcontractors.
Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City
reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer,
coverage or other special circumstances.
THE CITY OF CUPERTINO, ITS CITY COUNCIL,
OFFICERS,
01/28/2021
10300 TORRE AVE
CUPERTINO, CA 95014
607187423
607187423
THE CITY OF CUPERTINO, ITS CITY COUNCIL, OFFICERS,
01/28/2022
Revised, 01.0 .1
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
Revised 1.0 .
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 ____________, 20 , at , California.
______________________________
PRINT NAME
______________________________
SIGNATURE
Appraisal Review
Final Audit Report 2022-06-14
Created:2022-06-14
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAo0ji6390PGI83FUI_LP7knjQO56mQ49N
"Appraisal Review" History
Document created by City of Cupertino (webmaster@cupertino.org)
2022-06-14 - 6:04:17 PM GMT- IP address: 35.229.54.2
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2022-06-14 - 6:10:55 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2022-06-14 - 6:57:53 PM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to Wayne F. Prescott (wprescott@valuationconsultant.net) for signature
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2022-06-14 - 8:25:44 PM GMT- IP address: 73.93.217.120
Document e-signed by Wayne F. Prescott (wprescott@valuationconsultant.net)
Signature Date: 2022-06-14 - 8:31:55 PM GMT - Time Source: server- IP address: 73.93.217.120
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Agreement completed.
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