Attachment 3 - First Amendment AGR 20.166 Walter Levison 11-1-20 to 4-30-22FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
THIS FIRST AMENDMENT TO AGREEMENT is entered into this 1st day of November, 2020,
by and between the Town of Los Gatos, State of California, herein called the “Town,” and Walter
Levison, Consulting Arborist, herein called the “Consultant.”
RECITALS
A.The Town and Consultant entered into an Agreement dated November 1, 2015 to provide services
for evaluation of Trees on properties within the Town of Los Gatos (Attachment A).
B.The Town desires to extend the Agreement to April 30, 2022.
AMENDMENT
1.Time of Performance of the Agreement is hereby amended to provide that the term of the
Agreement is extended to April 30, 2022.
2.All other terms and conditions of the Agreement dated November 1, 2015, remain in full force
and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed the First Amendment to Agreement
as of the date indicated on page one (1).
Town of Los Gatos: Consultant: Walter Levison
By: ______________________________ By: ______________________________
Laurel Prevetti Walter Levison
Town Manager Consulting Arborist
Department Approval:
_____________________________________
Joel Paulson
Community Development Director
Approved as to Form:
_____________________________________
Robert Schultz
Town Attorney
ATTACHMENT 3
PREPARED BY: Tania Maheu
Administrative Analyst
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
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DATE: November 5, 2020
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment Agreement for
Consultant Services with Walter Levison for Arborist Services.
RECOMMENDATION:
Authorize the Town Manager to execute a First Amendment Agreement for Consultant Services
with Walter Levison for arborist services (Attachment 1).
BACKGROUND:
The Town Consulting Arborists assist Town staff and Town decision-makers in the application
review process for most discretionary development projects. Consulting Arborists provide
necessary information on existing tree health and suitability for retention, potential impacts to
existing trees, and necessary mitigation measures to protect existing trees. The Consulting
Arborists also assist in reviewing appeals of tree removal permits. Currently, Walter Levison
and Monarch Consulting Arborists are the Town’s Consulting Arborists.
DISCUSSION:
The original 2015 Agreement (Attachment 2) was for a 5-year term. During the original term of
this Agreement, the Monarch Consulting Arborists Agreement was executed on May 1, 2017,
for a 5-year term which exceeded the expiration date of the original Walter Levison Agreement.
The proposed Walter Levison First Amendment would extend the agreement term to coincide
with the expiration of the Monarch Consulting Arborists Agreement. This will allow the Request
for Proposal (RFP) process for future consulting arborists to take place at the same time.
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CONCLUSION:
Staff recommends that the Council authorize the Town Manager to execute a First Amendment
Agreement for Consultant Services with Walter Levison for arborist services.
COORDINATION
The draft agreement was prepared in coordination with the Town Attorney.
FISCAL IMPACT:
There is no fiscal impact as the cost for Consulting Arborist services are paid by the
applicant/property owner.
ENVIRONMENTAL ASSESSMENT:
This action is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft First Amendment Agreement with Walter Levison
2. Original 2015 Agreement
Walter Levison, Consulting Arborist First Amendment to Agreement
AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT is dated for identification this 1st day of November,
2020 and amends that certain Agreement for Consultant Services dated November 1, 2015, made by and
between the Town of Los Gatos ("Town") and the Walter Levison, Consulting Arborist (“Consultant”).
RECITALS
A. The Town and Consultant entered into an Agreement dated November 1, 2015 to provide
services for evaluation of trees on properties within the Town (Attachment A).
B. The Town desires to extend the Agreement to April 30, 2022.
AMENDMENT
1. Time of Performance of the Agreement is hereby amended to provide that the term of the
Agreement is extended to April 30, 2022.
2. All other terms and conditions of the Agreement dated November 1, 2015, 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:
By: _______________________________ By: ______________________________
Laurel Prevetti, Town Manager Walter Levison, Consulting Arborist
Department Approval:
_______________________________________
Joel Paulson
Community Development Director
Approved as to Form: Attest:
______________________________ ______________________________
Robert Schultz, Town Attorney Shelley Neis, Town Clerk
ATTACHMENT 1
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