Attachment 3 - Second Amendment to Agreement for Services (Brightview)BrightView Tree Care Services Inc. – Second Amendment to Agreement for Services
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SECOND AMENDMENT TO AGREEMENT FOR SERVICES
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 2ND day of June 2020 and amends that certain First Amendment to Agreement for Services dated August 20, 2019, 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,
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
2019/20 and 2020/21.
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 shall increase $47,000,for a total annual amount not exceed $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, allitems (CPI). The adjustment shall be based upon the CPI published on December 31 ofthe preceding year.
Compensation for year 3 (Fiscal Year 2020/21) of this agreement shall increase $147,000,for a total annual amount not exceed $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, allitems (CPI). The adjustment shall be based upon the CPI published on December 31 ofthe preceding year.
Compensation for years 4 and 5 (Fiscal Years 2021/22 and 2022/23) of this agreementshall not exceed $100,000 and shall be adjusted upward annually for the remaining termof this agreement by the change, if any, in the San Francisco – Oakland – San JoseMetropolitan Area Consumer Price Index for All Urban Consumers, all items (CPI). Theadjustment shall be based upon the CPI published on December 31 of the preceding year.
DocuSign Envelope ID: C01F6C1B-521B-4630-B3FA-8EFFD2AE3C42
ATTACHMENT 3
BrightView Tree Care Services Inc. – Second Amendment to Agreement for Services
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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 $941,000.
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
_______________________________________
Matt Morley
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________
Robert Schultz, Town Attorney Shelley Neis, CMC, Town Clerk
DocuSign Envelope ID: C01F6C1B-521B-4630-B3FA-8EFFD2AE3C42
General Manager
6/18/2020
6/22/2020
6/22/2020
6/22/2020