Attachment 1 - Sixth Amendment to the Agreement for Services (Brightview Tree Service, Inc.)Page 1 of 2
Brightview Tree Care Services, Inc. – Sixth Amendment to Agreement for Services
SIXTH AMENDMENT TO AGREEMENT
This SIXTH AMENDMENT TO AGREEMENT is dated for identification this 20th day of June 2023 and amends that certain Fifth Amendment to Agreement for Services dated February 3, 2023, made by and between the Town of Los Gatos, ("Town,") and Brightview Tree Services, Inc. (“Service Provider”) identified as a C Corporation and whose address is P.O. Box 31001-2643, Pasadena, CA 91110-2463.
RECITALS
A. Town and Service Provider entered into a Agreement for Services on June 5, 2018,
(“Agreement”), a First Amendment to Agreement for Services on August 20, 2019, a
Second Amendment to Agreement for Services on June 2, 2022, a Third Amendment
to Agreement for Services on April 18, 2022, a Fourth Amendment to Agreement for
Services on June 25, 2022, and a Fifth Amendment to Agreement for Services on
February 3, 2023, copies of which are attached hereto and incorporated by reference
as Exhibit A to this Amendment.
B. Town desires to amend the Agreement for Services to provide additional funds for FY
2022/23.
AMENDMENT 1. 2.6 Compensation – amendment shall read: Compensation for year 1 (Fiscal Year 2018/19) of this agreement was $247,000.
Compensation for year 2 (Fiscal Year 2019/20) of this agreement was $247,000 and shall be adjusted upward annually for the remaining term of this agreement by the change, if any, in the San Francisco – Oakland – San Jose Metropolitan Area Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment shall be based upon the CPI published on December 31 of the preceding year.
Compensation for year 3 (Fiscal Year 2020/21) of this agreement was $247,000 and shall be adjusted upward annually for the remaining term of this agreement by the change, if any, in the San Francisco – Oakland – San Jose Metropolitan Area Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment shall be based upon the CPI published on December 31 of the preceding year. Compensation for year 4 (Fiscal Year 2021/22) of this agreement shall increase $30,000, for a total amount not to exceed $155,000 and shall be adjusted upward annually for the remaining term of this agreement by the change, if any, in the San Francisco – Oakland – San Jose Metropolitan Area Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment shall be based upon the CPI published on December 31 of the preceding year. ATTACHMENT 1
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Brightview Tree Care Services, Inc. – Sixth Amendment to Agreement for Services
Compensation for year 5 (Fiscal Year 2022/23) of this agreement shall increase an additional $75,000 for a total amount not to exceed $275,000 and shall be adjusted
upward annually for the remaining term of this agreement by the change, if any, in the San Francisco – Oakland – San Jose Metropolitan Area Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment shall be based upon the CPI published on December 31 of the preceding year.
The total agreement amount shall not to exceed $1,171,000. 2. Section 3.1 Minimum Scope of Insurance is amended to read as follows: Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. 3. All other terms and conditions of the Agreement remain in full force and effect IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________
Laurel Prevetti, Town Manager Scott Godfrey, Region Vice President
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________
Gabrielle Whelan, Town Attorney Wendy Wood, Town Clerk