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Staff Report.Brightview Fourth Amendment PREPARED BY: Jim Harbin Superintendent Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Interim 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: 06/07/2022 ITEM NO: 18 DATE: May 26, 2022 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to Increase Compensation for Fiscal Year 2021/22 in an Amount of $30,000 for a Total Annual Amount Not to Exceed $155,000, for a Total Agreement Amount Not to Exceed $996,000 RECOMMENDATION: Authorize the Town Manager to execute a fourth amendment (Attachment 1) to the Agreement for Services with Brightview Tree Care Services, Inc. to increase compensation for Fiscal Year (FY) 2021/22 in an amount of $30,000 for a total annual amount not to exceed $155,000, for a total agreement amount not to exceed $996,000. BACKGROUND: The Town of Los Gatos utilizes contractual tree trimming and removal services to maintain the Town’s urban forest. On June 5, 2018, the Town Council authorized the Town Manager to execute a five-year Agreement for Services (Attachment 2) with Brightview Tree Care Services, Inc. for tree trimming and maintenance services. The original agreement included $247,000 for year one of the agreement and $100,000 plus annual consumer price index adjustments annually thereafter. 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. On June 2, 2020, Council authorized the Town Manager to execute a second amendment (Attachment 2) to the Agreement for Services to increase compensation for FY 2019/20 and FY PAGE 2 OF 2 SUBJECT: Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for Services with Brightview Tree Services, Inc. DATE: May 26, 2022 BACKGROUND (continued): 2020/21 in amounts of $47,000 and $147,000 respectively for total annual contract amounts not to exceed $247,000. On May 3, 2022, Council authorized the Town Manager to execute a third amendment (Attachment 2) to the Agreement for Services to increase compensation for FY 2021/22 in an amount of $25,000 for a total annual contract amount not to exceed $125,000. Compensation for years four and five of the agreement were to remain at $100,000 annually. DISCUSSION: With the ongoing drought, high winds, and wildfire dangers continuing to affect the Town’s urban forest, work requests for fallen branches, dead tree removals, and defensible space needs continue to be high. These maintenance needs can at times occur simultaneously and not seasonally as expected, as is the case this year. This amendment increases the Brightview Tree Service contract by $30,000 to provide priority and emergency work to continue through the remainder of the fiscal year. CONCLUSION: Authorize the Town Manager to execute a fourth amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to increase compensation for FY 2021/22 in an amount of $30,000 for a total annual amount not to exceed $125,000, for a total agreement amount not to exceed $966,000. FISCAL IMPACT: The Adopted FY 2021/22 Operating Budget has sufficient funds for tree maintenance. This action will have no additional fiscal impact. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Fourth Amendment to the Agreement for Services 2. Original Agreement Including the First, Second, and Third Amendment to Agreement for Services