Attachment 1 -Third Amendment to Agreement for Services (Brightview)BrightView Tree Care Services Inc. – Third Amendment to Agreement for Services
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THIRD AMENDMENT TO AGREEMENT FOR SERVICES
This THIRD AMENDMENT TO AGREEMENT is dated for identification this 18th day of April 2022 and amends that certain Second Amendment to Agreement for Services dated June 2, 2020, 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”), and a First Amendment to Agreement for Services on August 20, 2019,
and a Second Amendment to Agreement for Services on June 2, 2020, copies of which are
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
2021/22.
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 $25,000,
for a total amount not to exceed $125,000 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. If the CPI indicates a downward adjustment, compensation would remain at the
base amount of $100,000.
Attachment 1
BrightView Tree Care Services Inc. – Third Amendment to Agreement for Services
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Compensation for year 5 (Fiscal Year 2022/23) of this agreement shall remain the same:
a total amount not to exceed $100,000 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. If the CPI indicates a downward adjustment, compensation would remain at the base amount of $100,000.
The total agreement amount shall not to exceed $966,000.
2.All other terms and conditions of the Agreement remain in full force and effect.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
______________________________
Department Approval: Name/Title
_______________________________________
Timm Borden
Interim Director of Parks and Public Works
Approved as to Form: Attest:
s Gatos, California
______________________________ ______________________________
Robert Schultz, Town Attorney Shelley Neis, CMC, Town Clerk