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Attachment 1 - First Amendment to Agreement for Services FIRST AMENDMENT TO AGREEMENT FOR SERVICES th This FIRST AMENDMENT TO AGREEMENT is dated for identification this 20 day of August 2019 and amends that certain Agreement for Services dated June 5, 2018, made by and between the Town of Los Gatos, ("Town,") and BrightView Tree Care Services Inc. (“Service Provider”). RECITALS A. Town and Service Provider entered into an Agreement for Services on June 5, 2018, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment. B. Town desires to amend the Agreement for Services to provide additional funds for FY 2019/20. AMENDMENT 1. 2.6 Compensation shall read: Compensation for the first year shall not exceed $247,000, inclusive of all costs. Payment shall be based upon Town approval of each task. Compensation for year two of this agreement shall not exceed $200,000 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 years three through five of this agreement shall not exceed $100,000 annually 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. If the CPI indicates a downward adjustment, compensation would remain at the base amount of $100,000. 2. All other terms and conditions of the Agreement remain in full force and effect. 1 ATTACHMENT 1 IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment. Town of Los Gatos BrightView Tree Care Services Inc. by: By: _______________________________ ______________________________ Laurel Prevetti, Town Manager Name/Title ______________________________ Department Approval: _______________________________________ Matt Morley Director of Parks and Public Works Approved as to Form: Attest: s Gatos, California ______________________________ ______________________________ Robert Schultz, Town Attorney Shelley Neis, CMC, Town Clerk 2 ATTACHMENT 1