Staff Report.Brightview Fifth Amendment
PREPARED BY: Nicolle Burnham
Director, Parks and Public Works
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Director
of Parks and Public Works
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 01/17/2023 ITEM NO: 8
DATE: January 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Fifth Amendment to the
Agreement for Services with Brightview Tree Care Services, Inc. to Increase
Compensation for Fiscal Year 2022/23 in an Amount of $100,000 for a Total
Annual Amount Not to Exceed $200,000 with the Total Agreement Amount
Not to Exceed $1,096,000
RECOMMENDATION:
Authorize the Town Manager to execute a fifth amendment (Attachment 1) to the Agreement
for Services with Brightview Tree Care Services, Inc. to increase compensation for Fiscal Year
(FY) 2022/23 in an amount of $100,000 for a total annual amount not to exceed $200,000 with
the total agreement amount not to exceed $1,096,000.
BACKGROUND:
The Town of Los Gatos utilizes contractual tree trimming and removal services to maintain the
Town’s urban forest. On June 5, 2018, the Town Council authorized the Town Manager to
execute a five-year Agreement for Services with Brightview Tree Care Services, Inc. for tree
trimming and maintenance services. The original agreement included $247,000 for year one of
the agreement and $100,000 plus consumer price index adjustments annually thereafter.
On August 7, 2019, Council authorized the Town Manager to execute a first amendment to the
Agreement for Services to provide for an additional $100,000 for FY 2019/20.
On June 2, 2020, Council authorized the Town Manager to execute a second amendment to the
Agreement for Services to increase compensation for FY 2019/20 and FY 2020/21 in amounts
PAGE 2 OF 3 SUBJECT: Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for Services with Brightview Tree Services, Inc. DATE: January 6, 2022
BACKGROUND (continued):
of $47,000 and $147,000 respectively for total annual contract amounts not to exceed
$247,000.
On May 3, 2022, Council authorized the Town Manager to execute a third amendment to the
Agreement for Services to increase compensation for FY 2021/22 in an amount of $25,000 for a
total annual contract amount not to exceed $125,000.
On June 7, 2022, Council authorized the Town Manager to execute a fourth amendment to the
Agreement for Services to increase compensation for FY 2021/22 in an amount of $30,000 for a
total annual contract amount not to exceed $155,000.
Attachment 2 provides the original contract and prior amendments.
DISCUSSION:
With the recent rainstorms and high winds, plus ongoing wildfire and drought related danger
continuing to affect the Town’s urban forest, work requests for fallen branches, downed trees,
dead tree removals, and defensible space needs continue to be high. These maintenance needs
can at times occur simultaneously and not seasonally as expected, as is the case this year. This
amendment increases the Brightview Tree Service contract by $100,000 to provide priority and
emergency work to continue through the remainder of the fiscal year. Staff intends to issue a
new Request for Proposals for Tree Services in spring 2023.
CONCLUSION:
Authorize the Town Manager to execute a fifth amendment to the Agreement for Services with
Brightview Tree Care Services, Inc. to increase compensation for FY 2022/23 in an amount of
$100,000 for a total annual amount not to exceed $200,000 with the total agreement amount
not to exceed $1,096,000.
FISCAL IMPACT:
The Adopted FY 2022/23 Operating Budget has sufficient funds for tree maintenance. This
action will have no additional fiscal impact.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
PAGE 3 OF 3 SUBJECT: Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for Services with Brightview Tree Services, Inc. DATE: January 6, 2022
Attachments:
1. Fifth Amendment to the Agreement for Services
2. Original Agreement Including the First, Second, Third and Fourth Amendment to Agreement
for Services