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12 Staff Report - Brightview 2nd Amendment PREPARED BY: Jim Harbin Superintendent 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: 06/02/2020 ITEM NO: 12 DATE: May 28, 2020 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to: a. Increase Compensation for FY 2019/20 in an Amount of $47,000 for a Total Annual Contract Amount Not to Exceed $247,000. b. Increase Compensation for FY 2020/21 in an Amount of $147,000 for a Total Annual Contract Amount not to Exceed $247,000, for a Total Agreement Amount Not to Exceed $941,000. c. Approve a budget transfer of $47,000 in FY 2019/20 from the Town’s Tree Replacement Fund to the Streets and Signals Program budget. RECOMMENDATION: Authorize the Town Manager to execute a second amendment to the agreement for services with Brightview Tree Care Services, Inc. (Attachment 1) to: a. Increase compensation for FY 2019/20 in an amount of $47,000 for a total annual contract amount not to exceed $247,000. b. Increase compensation for FY 2020/21 in an amount of $147,000 for a total annual contract amount not to exceed $247,000, for a total agreement amount not to exceed $941,000. c. Approve a budget transfer of $47,000 in FY 2019/20 from the Town’s Tree Replacement Fund to the Streets and Signals Program budget. BACKGROUND: The Town of Los Gatos utilizes contractual tree trimming and removal services to maintain the 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 PAGE 2 OF 3 SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. DATE: May 28, 2020 BACKGROUND (continued): agreement and $200,000 for year two of the agreement (Fiscal Year 2019/20), plus consumer price index adjustments. Compensation for years three through five of the agreement were for annual not to exceed amounts of $100,000 per year plus consumer price adjustments. The adopted FY 2019/20 Operating and Capital Budget Included a total of $200,000 for tree trimming and maintenance services in the Streets and Signal Program. This amount was $100,000 more than the previous year due to the backlog of tree maintenance. 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. DISCUSSION: The Town’s urban forest continues to require block pruning and overgrowth control due to the past deferred maintenance. To continue improvement in our tree pruning cycles and to further reduce the deferred inventory of trees, additional pruning and structural maintenance is needed this year and next year. This strategy aligns with the funding request in the FY 2020/21 proposed budget. CONCLUSION: Authorize the Town Manager to execute a second amendment to the agreement for services with Brightview Tree Care Services, Inc. to: a. Increase compensation for FY 2019/20 in an amount of $47,000 for a total annual contract amount not to exceed $247,000. b. Increase compensation for FY 2020/21 in an amount of $147,000 for a total annual contract amount not to exceed $247,000, for a total agreement amount not to exceed $941,000. c. Approve a budget transfer of $47,000 in FY 2019/20 from the Town’s Tree Replacement Fund to the Streets and Signals Program budget. FISCAL IMPACT: The $47,000 for FY 2019/20 would be funded by the Town Tree Replacement Fund which allows for adding, maintaining, or replacing trees or landscaping on Town property to include supporting the Town’s urban forestry management program. The Proposed FY 2020/21 Budget includes targeted funding within the Streets & Signals Program Budget in the amount of $247,000 for tree trimming services. The Second Amendment (Attachment 1) addresses all recommendations contained in this report. PAGE 3 OF 3 SUBJECT: Authorize the Town Manager to Execute a Second Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. DATE: May 28, 2020 ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Second Amendment to the Agreement for Services 2. Agreement for Services with First Amendment to the Agreement for Services