Staff Report with attachments
PREPARED BY: Tania Maheu
Administrative Analyst
Reviewed by: Town Manager, Town Attorney, Community Development Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 05/03/2022 ITEM NO: 7
DATE: April 28, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Second Amendment to an
Agreement for Consultant Services with Walter Levison, Arborist for Two
Months.
RECOMMENDATION:
Authorize the Town Manager to execute a Second Amendment to an Agreement for Consultant
Services with Walter Levison, Arborist for two months (Attachment 1).
BACKGROUND:
The Consulting Arborist assists Town staff and Town decision makers in the application review
process for discretionary development projects, providing information on existing tree health
and suitability for retention, potential impact to existing trees, and necessary mitigation
measures to protect existing trees. The Consulting Arborist also assists 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 five-year term with an expiration in
November 2020. During the term of the Walter Levison Agreement, an agreement with
Monarch Consulting Arborists was approved on May 1, 2017, for a five-year term. In November
2020, the Town Council approved an extension of the term of the Walter Levison Agreement
(Attachment 3) to coincide with the expiration of the Monarch Consulting Arborists Agreement.
PAGE 2 OF 2 SUBJECT: Walter Levison Arborist Second Amendment DATE: April 28, 2022
DISCUSSION (continued):
A two-month extension of the term of the Walter Levison Agreement is being requested to
coincide with the end of the fiscal year. Additionally, the extension will allow time for Town
staff to complete the process of reviewing submittals received in response to the Request for
Qualifications (RFQ) for Consulting Arborist services. Staff will provide a recommendation on
Consulting Arborists for Town Council consideration in June.
CONCLUSION:
Staff recommends that the Council authorize the Town Manager to execute a Second
Amendment to the Agreement for Consultant Services with Walter Levison, Arborist.
COORDINATION:
The draft Second Amendment was prepared in coordination with the Town Attorney.
FISCAL IMPACT:
There is no fiscal impact as applicants pay for these services for their individual projects.
ENVIRONMENTAL ASSESSMENT:
This action is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Walter Levison Second Amendment
2. Original 2015 agreement
3. First Amendment to Agreement
ATTACHMENT 1
SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
THIS SECOND AMENDMENT TO AGREEMENT is entered into this 1st day of May, 2022, 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 and Consultant entered into a First Amendment to Agreement to extend the term to
April 30, 2022 to (Attachment B).
C. The Town desires to extend the term of the Agreement to June 30, 2022.
AMENDMENT
1. Time of Performance of the Agreement is hereby amended to provide that the term of the
Agreement is extended to June 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:
_____________________________ _____________________________
Laurel Prevetti Walter Levison,
Town Manager Consulting Arborist
Department Approval:
_____________________________
Joel Paulson
Community Development Director
Approved as to Form:
_____________________________
Robert Schultz
Town Attorney
Attest:
_____________________________
Shelley Neis, MMC, CPMC,
Town Clerk
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CLERK DEPARTMENT
AGR I 5, ;;L1j
IIIl{ __ ,,--=-= -----ORD AGREEMENT FOR CONSUL TANT SERVICE~0-------
THIS AGREEMENT is dated for identification this ls' day of November 28!'§9ioo-is-mads by aud.-
between TOWN OF LOS GATOS. a California municipal corporation. ("Town") and Walter
Levison, Consulting Arborist, ("ConsultanC). whose address is 165 Linda Vista, Millbrae, CA
94030. This Agreement is made with reference to the following facts.
I. RECITALS
l.1 Town has a need for consulting arborist services for evaluation of trees on properties within
the Town of Los Gatos.
1.2 Town desires to engage a certified arborist to review, analyze, and comment on
development project plans; prepare technical analyses and reports; conduct peer review of
outside arborist reports and attend public meetings as needed.
1.3 Consultant represents and affirms that he is qualified and willing to perform the desired
work pursuant to this Agreement.
H. AGREEMENTS
2.1 Scope of Services. Consultant shall provide the services listed below.
Administrative Duties
When needed by Town, assess the potential impacts to trees associated with proposed
development and redevelopment projects. This shall include evaluating plans for
development proposals, reviewing arborist reports and/or identifying mitigation measures
and recommending preservation measures and conditions of approval.
a. When needed by Town, work on special studies or projects including but not limited
to: preparation of a checklist for content of arborist reports for application packets,
emergency response and coordination, review of tree removal permits that have been
denied and appealed, and review of landscape plans for hillside homes, Planned
Developments, and/or commercial projects.
b. When needed by Town, conduct field investigations, studies, and prepare reports
related to tree removals and impacts from proposed construction, and develop
recommendations for mitigation and preservation measures.
c. When needed by Town, assist in the establislunent and subsequent modification of
Town's tree and landscape related ordinances, design guidelines, policies, and
development fees.
d. When needed by Town, attend meetings with Town staff, public officials,
community leaders, developers, contractors, and the general public.
Page 1 of 7
ATTACHMENT 2
e. When needed by Town, advise, support, and assist Town departments, committees,
commissions, and Town Council. In addition, act as a liaison between Town and
Federal, State, and Regional agencies.
f When needed by Town, attend Town Council, Planning Commission, and special
study session meetings when tree and/or landscaping issues and project applications
with tree removals, impacts to trees and/or landscape plans are being considered.
g. As requested by Town, provide copies of draft and final draft work products of
reports and studies prepared for Town. Consultant shall provide electronic file
copies of these documents as needed.
Other Miscellaneous Services
The Town may occasionally have the need for other services not specifically listed in this
document that the consultant has the necessary experience and capabilities to provide.
Town or Redevelopment Agency may authorize consultant to perform such selected
services on an as-needed basis.
2.2 Time of Performance. Consultant shall perform the services described in this agreement as
follows: The services of Consultant are for a five year period that will commence upon the
execution of the contract. Should Town not renew a contract, the award and authorization
of the contract shall automatically expire. Town shall give Consultant at least 30 days·
notice, prior to the cancellation or expiration of the contract.
2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal,. state and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice its
profession. Consultant shall maintain a Town of Los Gatos business license pursuant to
Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all
reports and supportive data prepared by the Consultant under this Agreement are the
Town's property and shall be delivered to the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of its services
pursuant to this Agreement are confidential until released by the Town to the public, and the
Consultant shall not make any of the these documents or information available to any
individual or organization not employed by the Consultant or the Town without the written
consent of the Town before such release. The Town acknowledges that the reports to be
prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a
defined project, and Town's use of the information contained in the reports prepared by the
Page 2 of7
Consultant in connection with other projects shall be solely at Town's risk, unless
Consultant expressly consents to such use in writing. Town further a&'!"ees that it will not
appropriate any methodology or technique of Consultant which is and has been confinned
in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed the
established hourly rates, as set forth in the Fee Schedule (Exhibit A), which is attached
hereto and incorporated herein by reference. Payment shall be based upon Town approval
of each task.
2. 7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by whom
at what rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 9503 1-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for
not less than three years following completion of the work under this Agreement.
Consultant shall make these records available to authorized personnel of the Town at the
Consultant's offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor and
not an agent or employee of the Town. As an independent contractor he/she shall not obtain
any rights to retirement benefits or other benefits which accrue to Town employee(s). With
prior written consent, the Consultant may perform some obligations under this A!,,'feement
by subcontracting, but may not delegate ultimate responsibility for performance or assign or
transfer interests under this Agreement. Consultant agrees to testify in any litigation brought
regarding the subject of the work to be performed under this Agreement. Consultant shall
be compensated for its costs and expenses in preparing for, traveling to, and testifying in
such matters at its then current hourly rates of compensation, unless such litigation is
brought by Consultant or is based on allegations of Consultant's negligent performance or
wrongdoing.
Page 3 of7
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements with any individual
member of the Staff or management of the Town or its representatives nor shall it enter into
any such holdings or agreements. In addition, Consultant warrants that it does not presently
and shall not acquire any direct or indirect interest adverse to those of the Town in the
subject of this Agreement, and it shall immediately disassociate itself from such an interest,
should it discover it has done so and shall, at the Town's sole discretion, divest itself of such
interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it
does not employ a person having such an interest in this perfonnance of this Agreement. If
after employment of a person, Consultant discovers it has employed a person with a direct
or indirect interest that would conflict with its pe1forrnance of this Agreement, Consultant
shall promptly notify Town of this employment relationship, and shall, at the Town's sole
discretion, sever any such employment relationship.
2. I 2 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex, color,
race, marital status, sexual orientation, ancestry, physical or mental disability, national
origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3. I Minimum Scope of Insurance:
1. Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her film to an
amount not less than: one million dollars ($1,000,000) combined single limit
per·occurrence for bodily injury, personal injury and property damage.
11. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
11i. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the Town
before work commences.
1v. Consultant agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $I ,000,000 which is
sufficient to insure Consultant for professional errors or omissions in the
perfonnance of the particular scope of work under this agreement.
Page4of7
General Liability:
I. The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability mising out of activities perfonned by or on
behalf of the Consultant; products and completed operations of Consultant,
premises owned or used by the Consultant. This requirement does not apply
to the professional liability insurance required for professional e1TOrs and
omissions.
H. The Consultant's insurance coverage shall be primary insurance as respects
the Town, its officers, officials, employees and volunteers. Any insurance or
selt:insurances maintained by the Town, its officers, officials, employees or
volunteers shall be excess of the Consultant's insura11ce and shall not
contribute with it.
ui. Any failure to comply with reporting prov1s10ns of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
1v. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk.
3.3 Workers' Compensation. It is understood that Consultant currently has no employees. If
employees are hired in the future, Consultant shall obtain and maintain Workers'
Compensation insurance as required by California law and shall provide evidence of such
policy to the Town. Consultant shall ensure that all subcontractors employed by Consultant
provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend
the Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up because
of damages to property or personal injury received by reason of, or in the course of
performing work which may be occasioned by a willful or negligent act or omissions of the
Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant.
Page 5 of7
IV. GENERAL TERMS
4. J Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of a
subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Tennination of Agreement. The Town and the Consultant shall have the right to tenninate
this agreement with or without cause by giving not less than fifteen days ( 15) written notice
of te1mination. In the event of termination, the Consultant shall deliver to the Town all
plans, files, documents, reports, performed to date by the Consultant. In the event of such
termination, Town shall pay Consultant an amount that bears the same ratio to the
maximum contract price as the work delivered to the Town bears to completed services
contemplated under this Agreement, unless such termination is made for cause, in which
event, compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such tennination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in w1iting and signed by the Town and the Consultant.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
To Town:
Joel S. Paulson
Planning Manager
Town of Los Gatos
J IO E. Main Street
Los Gatos, CA 95030
Fax: (408) 354-7593
Phone: (408) 354-6879
E-mail; jpaulson@losgatosca.gov
To Consultant:
Walter Levison
Consulting Arborist
165 Linda Vista
Millbrae, CA 94030
Phone: (415) 203-0990
E-mail: drtree@sbcglobal.net
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to Town.
Page 6 of7
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect to the Products or Services and any
attachments to this Agreement, then the te1ms and conditions of this Agreement shall
prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including Exhibit A, constitutes the complete and
exclusive statement of the Agreement between the Town and Consultant. No tenns,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
In WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos
~,J~1~.:gcr
Town of Los Gatos
Department Approval:
Planning Manager
Consultant:
Walter Levison
Consulting Arborist
Page 7 of7
ISA Qualified Tree Risk Assesso: ASCA Reaistered Cansultina Arbonst #401 !SA Certified Arborist #WC.3172
1.
2.
3.
4.
5.
6.
7.
CONSUL TING RATES
WALTER LEVISON, CONSULTING ARBORIST
1/1/2015 to 12/31/2015
INITIAL CONTACT I ORAL CONSULTING
MINIMUM 2 HOUR PER-CLIENT CHARGE
$280 ($140 x 2)
(COVERS UP TO 1 HOUR OF TRAVEL. AND
1 HOUR ON SITE )
STANDARD CONSUL TING SERVICES
(ALL FIELD, OFFICE, & DRIVING TIME.
PORTAL TO PORTAL).
HAZARD TREE ASSESSMENT, TREE $140/HR
INVENTORY, CONSTRUCTION
MONITORING, SPECIES SELECTION,
MONETARY VALUATION (APPRAISAL),
ARBORIST REPORTS, TREE PROTECTION
AND MANAGEMENT PLANS, ETC.
SPECIAL CONSUL TING SERVICES
$280/HR DURING USE OF MACHINE RESISTOGRAPH: ADVANCED DECAY $140/HR REGULAR FIELD AND OFFICE DETECTION AND ANALYSIS USING A
RESISTOGRAPH MICRODRILLING DEVICE HOURS
WITH DIGITAL GRAPH OUTPUT
RUSH CONSULTING SERVICES
TIME TO COMPLETION OF SMALLER JOB $280/HR WRITTEN WORK PRODUCT IS TYPICALLY
24 TO 96 HOURS FROM DATE OF
CONTRACT SIGNING.
MUNICIPAL CONSULTING SERVICES $140/HR
(CONTRACT CITY ARBORIST SERVICES) MINIMUM 3 HOUR DAILY CHARGE ($420).
(ALL FIELD, OFFICE, & DRIVING TIME, EVENING MEETINGS:
PORTAL TO PORTAL). MINIMUM 4 HOUR CHARGE ($560.)
SUBCONSUL TING UNDER OTHER (NEGOTIABLE) CONSUL TING ARBORISTS
LEGAL CONSUL TING SERVICES
(FORENSIC TREE FAILURE ASSESSMENTS, $180 to $350/HR (NEGOTIABLE)
DEPOSITIONS, ATTENDANCE OF
MEDIATION HEARINGS, ETC.)
---~
1 of 1
Cell 415-203-0990 I Email driree1&sbcqlobal net
DATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA REPORT
OCTOBER 13, 2015
MAYOR AND TOWN COUNCIL
MEETING DA TE: 10/20/15
ITEMNO. 3
LAUREL R. PREVETTJ, TOWN MANAGER .fJN11,,,.,, J, , &t!a£lJev./, r·ZJui~~L ;Juv<Rfi.,
AUTHORIZE THE TOWN MANAGER TO EXECUTll AGREEMENTS
WITH DEBORAH ELLIS AND WALTER LEVISON TO PROVIDE
SERVICES AS CONSULTING ARBORISTS TO THE TOWN.
RECOMMEND A TJON:
Authorize the Town Manager to execute agreements with Deborah Ellis and Walter Levison to
provide services as Consulting Arborists to the Town.
BACKGROUND:
The Town Arborist assists Town staff and Town decision makers in the application review
process for most discretionary development projects, providing necessary infomiation on existing
tree health and suitability for retention, potential impact to existing trees, and necessary
mitigation measures to protect existing trees. The arborist also assists in reviewing appeals of
tree removal permits. Currently, Deborah Ellis and Arbor Resources are the Town's arborists.
The Town recommends two arborists so there is a backup.
On August 17, 2015, the Town distributed a Request for Qualifications (RFQ) for a consulting
arborist. Four proposals were received and reviewed by staff. The four applicants were all
qualified to provide consulting arborist services to the Town. However, staff concluded that
Deborah Ellis and Walter Levison were qualified and reasonably priced to provide services to
meet the needs of the Town as described in this report. The two arborists who were not selected
were Arbor Resources and Monarch Consulting. Arbor Resources had a higher hourly rate and
Monarch Consulting had a higher hourly rate, longer turnaround time, and the least experience.
PREPARED BY: JOEL S. PAULSON "} /J /,/' /J
Planning Manager ~ /~
Reviewed by: '-+='l\ssistant Town M ager __ Town Attorney \II" Finance
N:\MGR\AdminWorkFiles\2015 Council Reports\Oct.0ber 20\arborist.doc
PM
Refoimattcd: 5/30/02 Revised: 10115/15 2:14
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FIRST 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
ǣͳͳȀͳȀʹͲʹͲ
ǣ͵
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.
2 2
ǣ
ǣ ͷǡʹͲʹͲ
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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dd,D EdϮ
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