Staff Report.Brightview Sixth Amendment
PREPARED BY: Jim Harbin
Superintendent
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Parks and
Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/20/2023 ITEM NO: 7
DATE: June 1, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider the Following in Support of Tree Trimming and Maintenance:
a. Authorize the Town Manager to Execute a Sixth Amendment to the
Agreement for Services with Brightview Tree Care Services, Inc. to
Increase Compensation for Fiscal Year 2022/23 in an Amount of $75,000
for a Total Annual Amount Not to Exceed $275,000 and a Total
Agreement Amount Not to Exceed $1,174,000; and
b. Authorize a Revenue and Expenditure Budget Adjustment in the Amount
of $75,000 from the Available Tree Replacement Deposit Account
RECOMMENDATION:
Consider the following in support of tree trimming and maintenance:
a. Authorize the Town Manager to execute a Sixth Amendment to the Agreement for Services
with Brightview Tree Care Services, Inc. to increase compensation for Fiscal Year 2022/23
in an amount of $75,000 for a total annual amount not to exceed $275,000 and a total
Agreement amount not to exceed $1,174,000; and
b. Authorize a Revenue and Expenditure Budget Adjustment in the amount of $75,000 from
the available Tree Replacement Deferred Deposit Account.
BACKGROUND:
The Town of Los Gatos contracts tree trimming and removal services to maintain the Town’s
trees in streets and parks. 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 annually thereafter.
PAGE 2 OF 3 SUBJECT: Authorize the Town Manager to Execute a Sixth Amendment to the Agreement for Services with Brightview Tree Services, Inc. DATE: June 1, 2023
BACKGROUND (continued):
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 for total annual
contract amount for that year not to exceed $200,000.
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 of
$47,000 and $147,000 respectively for total annual contract amount for those years 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 for that year 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 for that year not to exceed $155,000.
On January 17, 2023, Council authorized the Town Manager to execute a fifth amendment to
the Agreement for Services to increase compensation for FY 2022/2023 in an amount of
$100,000 for a total annual contract amount for that year not to exceed $200,000.
Exhibit A to Attachment 1 provides the original contract and prior amendments.
DISCUSSION:
With this year’s severe storms following a multi-year drought, the damage to the Town’s trees
has been unprecedented. The tree service contractor has been working continuously on
emergency and emergency follow up work orders for fallen trees and structural pruning needs
since the first storm in January. This amendment increases the Brightview Tree Service contract
by $75,000 to allow priority and emergency work to continue through the remainder of the
fiscal year.
Staff issued a new Request for Proposals for Tree Services in May 2023 and an award of
contract is a separate agenda item for this meeting. If Council agrees, the new contract would
take effect July 1, 2023.
PAGE 3 OF 3 SUBJECT: Authorize the Town Manager to Execute a Sixth Amendment to the Agreement for Services with Brightview Tree Services, Inc. DATE: June 1, 2023
CONCLUSION:
Authorize the Town Manager to execute a sixth amendment to the Agreement for Services with
Brightview Tree Care Services, Inc. to increase compensation for FY 2022/23 in an amount of
$75,000 for a total annual amount not to exceed $275,000 and a total agreement amount not
to exceed $1,174,000.
FISCAL IMPACT:
The Adopted FY 2022/23 Operating Budget includes funding within the Streets & Signals
Program Budget in the amount of $200,000 for tree trimming. The additional $75,000 funded
by the Town Tree Replacement Fund allows for the priority and emergency work to continue
through the remainder of the fiscal year.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Sixth Amendment to the Agreement for Services
2. Exhibit A to Attachment 1 - Original Agreement Including the First, Second, Third, Fourth,
and Fifth Amendments to Agreement for Services