IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through Zoom Webinar (log-in information provided below). You may watch the Council meeting without providing public comment on Comcast cable channel 15 or at www.LosGatosCA.gov/TownYouTube. Members of the public may provide public comments for agenda items in-person or virtually by following the instructions listed at the end of the agenda.
The meeting will be teleconferenced pursuant to Government Code Section 54953(b)(3). Council Member Rob Rennie will be participating from a teleconference location at 400 Fairview Blvd. #172., Incline Village, NV, 89451. This teleconference location shall be accessible to the public for the open session portion of the meeting and the agenda will be posted at the teleconference location 72 hours before the meeting.
To watch and participate via Zoom, please go to:
https://losgatosca-gov.zoom.us/j/86730363468?pwd=pfKQoh92JnbwOYwFvZqIdSSWpjxYoK.1 Enter Passcode: 577971
CALL MEETING TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PRESENTATIONS
i. Friends of the Library Donation
ii. Silicon Valley Clean Energy Recognition of Elaine Zou CONSENT ITEMS (Consent Items are considered routine Town business and may be approved by one motion. Any member of the Council may remove an item from the Consent Items for comment and action. Members of the public may provide input on any or multiple Consent Item(s) when the Mayor asks for public comments on the Consent Items. If you wish to comment, please follow the Participation Instructions located at the end of this agenda. If an item is removed, the Mayor has
TOWN OF LOS GATOS
COUNCIL MEETING AGENDA *AMENDED
AUGUST 04, 2026
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
Rob Moore, Mayor
Maria Ristow, Vice Mayor
Mary Badame, Council Member
Matthew Hudes, Council Member
Rob Rennie, Council Member
the sole discretion to determine when the item will be heard. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)
1. Approve the Minutes of the June 16, 2026, Town Council Meeting RECOMMENDATION: Approve the Minutes of the June 16, 2026, Town Council Meeting.
2. Approve the Minutes of the June 23, 2026, Closed Session Town Council Meeting RECOMMENDATION: Approve the Minutes of the June 23, 2026, Closed Session Town Council Meeting.
3. Authorize the Town Manager to Execute the Fifth Amendment to the Agreement for Services with Traffic Management, Inc. to Increase the Contract Amount by $43,006.15 for the 2026 Holiday Traffic Road Closures and Extend the Period of Performance to August 31, 2027
RECOMMENDATION: Authorize the Town Manager to Execute the Fifth Amendment to the Agreement for Services with Traffic Management, Inc., increasing the contract amount by $43,006.15 for the 2026 Halloween and Children’s Holiday Parade road closures and traffic control services, for a total contract amount not to exceed $178,406.79 and extend the period of performance to August 31, 2027.
4. Approve a Fourth Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to Increase Fiscal Year 2025–26 Compensation by $41,117 for a Total Agreement Amount Not to Exceed $1,117,232
RECOMMENDATION: Approve a Fourth Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to retroactively increase Fiscal Year 2025–26 compensation by $41,117 for services already performed, increase the total agreement amount from $1,076,115 to $1,117,232, authorize payment of properly documented invoices within the amended contract amount, and authorize the Town Manager to execute the amendment.
5. Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services with H.A. Bowen Electric, Inc., Increasing Compensation by $7,000 for a Total Not to Exceed Amount of $152,335
RECOMMENDATION: Authorize the Town Manager to execute the Third Amendment to the Agreement for Services with H.A. Bowen Electric, Inc., increasing compensation by $7,000 for a total agreement amount not to exceed $152,335.
6. Authorize the Purchase of Library Books and Materials from Ingram During Fiscal Year 2026–27 in an Amount Not to Exceed $132,800 and Waive Formal Bidding Requirements RECOMMENDATION: Find that formal competitive bidding for the purchase of library books and other published materials would be impractical, would cause unnecessary expense or delay, and would be unlikely to result in a lower price pursuant to Town Code Section 2.50.130(b)(3); waive the formal bidding requirement; and authorize the Library Department to purchase library books and other published materials from Ingram during Fiscal Year 2026–27 in an aggregate amount not to exceed $132,800.
7. Authorize the Town Manager to Execute a Fifth Amendment to the Contract for Legal Services with the Law Firm of Atchison, Barisone & Condotti to Increase the Contract Amount by $10,000 in an Amount Not to Exceed $350,000 for Services Provided During the Contract Term of December 2022 through June 30, 2026 RECOMMENDATION: Authorize the Town Manager to execute a fifth amendment to the contract for legal services with the law firm of Atchison, Barisone & Condotti to increase the contract amount by $10,000 from $340,000 to a cumulative contract amount not to exceed $350,000 for the entire contract term beginning in December 2022 and ending June 30, 2026.
8. *Approve the Revisions to the Town’s Investment Policy as Recommended by the Finance Commission
RECOMMENDATION: Approve the revisions to the Town’s Investment Policy as recommended by the Finance Commission.
9. Receive the Monthly Financial and Investment Report for May 2026 RECOMMENDATION: Receive the Monthly Financial and Investment Report for May 2026.
10. Approve and Ratify the Accounts Payable Check Registers and Payroll Reports RECOMMENDATION: Approve the Accounts Payable Check Registers dated June 12, June 19, June 26, July 3, July 10, July 17, and July 24, 2026, and ratify and approve the Payroll Reports dated June 12, June 26, July 10, and July 24, 2026.
11. Adoption of Resolution Establishing a Policy Which Delegates Tort Liability Claims Handling Responsibilities to the California Joint Powers Insurance Authority (CJPIA) RECOMMENDATION: Adoption of resolution establishing a policy which delegates tort liability claims handling responsibilities to the California Joint Powers Insurance Authority (CJPIA).
12. *Approve Response to 2026 Santa Clara County Civil Grand Jury Report, "Pothole Damage: Improving Claims Processes within Santa Clara County" and Authorize the Mayor to Sign the Transmittal Letter
RECOMMENDATION: Review, consider, and approve the Town of Los Gatos response to the Santa Clara County Civil Grand Jury report titled "Pothole Damage: Improving claims processes within Santa Clara County"; authorize the Mayor to sign the transmittal letter; and direct staff to submit the response to the Presiding Judge of the Superior Court, file the response with the Town Clerk, and take related administrative actions required by law.
13. Approve Response to 2025-2026 Santa Clara County Civil Grand Jury Report, "VTA’s Management and Oversight of BART Silicon Valley Phase II” and Authorize the Mayor to Sign the Transmittal Letter
RECOMMENDATION: Review, consider, and approve the Town of Los Gatos response to the Santa Clara County Civil Grand Jury report titled "VTA’s Management and Oversight of BART Silicon Valley Phase II"; authorize the Mayor to sign the transmittal letter; and direct staff to submit the response to the Presiding Judge of the Superior Court, file the response with the Town Clerk, and take related administrative actions required by law.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council on any matter that is not listed on the agenda and is within the subject matter jurisdiction of the Town Council. The law generally prohibits the Town Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. Town resources may not be used to facilitate audio or visual presentations. To ensure all agenda items are heard, this portion of the agenda is limited to 30 minutes. In the event additional speakers were not heard during the initial Verbal Communications portion of the agenda, an additional Verbal Communications will be opened prior to adjournment. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)
PUBLIC HEARINGS (Presentations during the Public Hearings portion of the agenda by appellants and applicants, including any expert or consultant assisting with the presentation, shall be limited to a total of no more than five (5) minutes for all speakers. Appellants and applicants shall be provided no more than three (3) minutes to rebut at the end of the public hearing. Visual presentations that require the use of staff resources shall be limited to appellants and applicants.
Members of the public testifying at public hearings shall be limited to no more than three (3) minutes, or such time as authorized by the Mayor.)
14. Conduct a Public Hearing to Consider Objections to the 2026 Weed Abatement Program Assessment Report and Adopt a Resolution Confirming the Report and Authorizing the Collection of the Assessment Charges
RECOMMENDATION: Staff recommends that Town Council conduct a public hearing to consider objections to the 2026 Weed Abatement Program Assessment Report and adopt a resolution confirming the report and authorizing the collection of assessment charges.
15. Consider a Recommendation of Approval by the Planning Commission and Introduce an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding Accessory Dwelling Units and Definitions. The Proposed Amendments are Not Subject to CEQA Review Pursuant to CEQA, Section 15061 (b)(3), Because it can be Seen with Certainty that they will not Significantly Affect the Physical Environment in that they Make Minor Changes to the Regulations Applicable to Accessory Dwelling Units and Definitions. Additionally, the Proposed Amendments are Statutorily Exempt Pursuant to Public Resources Code Section 21080.17. Town Code Amendment Application A-26-001.
Project Location: Town Wide. Applicant: Town of Los Gatos. Project Planner: Sean Mullin.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, Zoning Regulations, of the Town Code Regarding Accessory Dwelling Units and Definitions.
RECOMMENDATION: Accept the Planning Commission’s recommendation and introduce an Ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding accessory dwelling units and definitions.
OTHER BUSINESS (Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)
16. Introduction of an Omnibus Ordinance Amending the Town Code to Make Minor Updates and Clarifications
Ordinance Title: An Omnibus Ordinance of the Town Council of the Town of Los Gatos Amending the Town of Los Gatos Town Code to Correct Grammatical Errors, Clarify Language, Conform the Codes to Current State Law, Conform Codes to Administrative Practices and Facts, and to Make Other Administrative, Technical, and Non-Substantive Amendments
RECOMMENDATION: Introduce an ordinance amending various sections of the Town of Los Gatos Municipal Code to correct grammatical errors, clarify existing provisions, ensure consistency with current State and Federal Law, and make administrative, technical, and non-substantive changes.
17. Electronic Pet Containment and Town’s Fence Regulations RECOMMENDATION: Receive information regarding electronic pet containment and the Town’s existing fence regulations and provide direction to staff.
18. Allocation of $20,000 in Supplemental Sustaining Grant Funds and Consideration of Continued Funding Eligibility for Counseling and Support Services for Youth (CASSY) RECOMMENDATION: Review the requests for supplemental Sustaining Grant funding; allocate the available supplemental funding; and determine whether CASSY should remain a Sustaining Grant recipient for FY2026-27.
COUNCIL MATTERS (Members of the public who wish to speak on matters listed under Council Matters may do so under Verbal Communications.)
MANAGER MATTERS
ATTORNEY MATTERS AND CLOSED SESSION REPORT
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
ADA NOTICE - In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834.
Please notify the Clerk’s Office at least two (2) business days prior to the meeting so that reasonable arrangements can be made to ensure accessibility in compliance with 28 CFR §35.102-
35.104 and related provisions.
NOTICE REGARDING SUPPLEMENTAL MATERIALS - Materials related to an item on this agenda submitted to the Town Council after initial distribution of the agenda packets are available for public inspection in the Clerk’s Office at Town Hall, 110 E. Main Street, Los Gatos and on the Town’s website at www.losgatosca.gov. Town Council agendas and related materials can be viewed online at https://losgatos-ca.municodemeetings.com/.
HOW TO PARTICIPATE
Members of the public may provide public comments for agenda items in-person or virtually through the Zoom Webinar by following the instructions listed below.
The public is welcome to provide oral comments in real-time during the meeting in three ways:
Zoom Webinar (Online): To participate from a PC, Mac, iPad, iPhone or Android device.
Please use this URL to join: https://losgatoscagov.zoom.us/j/86730363468?pwd=pfKQoh92JnbwOYwFvZqIdSSWpjxYoK.1 Passcode: 577971. You can also type in 867 3036 3468 in the “Join a Meeting” page on the Zoom website at www.zoom.us and use passcode 577971. When the Mayor announces the item for which you wish to speak, click the “raise hand” feature in Zoom. Telephone: To participate by phone please dial 1 (408) 961-3927 or 1 (855) 758-1310 for US Toll-free and use Meeting ID: 867 3036 3468. When the Mayor announces the item for which you wish to speak, press *9 on your telephone keypad to raise your hand. In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and submit it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.
NOTES: Comments will be limited to three (3) minutes or less at the Mayor’s discretion. If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment).
Deadlines to submit written comments are:
-3:00 p.m. the Thursday before the Council meeting for inclusion in the agenda packet. -3:00 p.m. the Friday and Monday before the Council meeting for inclusion in an addendum. -11:00 a.m. the day of the Council meeting for inclusion in a desk item. *This agenda has been amended to modify the titles of items 8 and 12.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/04/2026
ITEM NO: 1
DRAFT
Minutes of the Town Council Meeting
Tuesday, June 16, 2026
The Town Council of the Town of Los Gatos conducted a regular meeting in person and via teleconference.
MEETING CALLED TO ORDER AT 7:02 P.M.
ROLL CALL
Present: Mayor Rob Moore, Vice Mayor Maria Ristow, Council Member Mary Badame, Council Member Rob Rennie (participated remotely under Government Code §5493(b) and joined at 7:00 p.m.), Council Member Matthew Hudes.
Absent: None.
PLEDGE OF ALLEGIANCE
Norah Lee led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Moore presented Paul Johnson with a Commendation, the Daughters of the American Revolution Proclamation, and the Coup de Thai recognition.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Minutes of the June 2, 2026, Town Council Meeting.
2. Approve the Minutes of the June 8, 2026, Special, Closed Session Town Council Meeting.
3. Authorize the Town Manager to Execute a Fifth Amendment to the Agreement with Tyler Technologies to Add the Accounts Receivable API Toolkit for $5,696 with a Contract Amount Not to Exceed $1,384,317 and to Update the Insurance Language.
4. Authorize the Town Manager to Execute a Five-Year Agreement for Software Services with TruePoint Solutions - DigEplan (LCT Software) DBA GovPath for Electronic Plan Review Services in an Amount Not to Exceed $155,183.28 Over the Life of the Agreement.
5. Authorize the Town Manager to Execute a Fourth Amendment to the Contract for Legal Services with the Law Firm of Atchison, Barisone & Condotti to Increase the Contract Amount by $40,000 in an Amount Not to Exceed $340,000 for Services Provided During the Contract Term of December 2022 through June 30, 2026.
6. Authorize the Town Manager or Designee to Enter into a Litigation Legal Services Agreement for FY 2026-27 with Goldfarb and Lipman in an Amount Not to Exceed $200,000.
ITEM NO. 1.
PAGE 2 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of June 16, 2026 DATE: August 4, 2026
7. Authorize the Town Manager to Execute a Second Amendment to an Agreement with NHA Advisors, LLC for Fiscal Condition Analysis, Fiscal Impact Analysis, and Asset Liability Management Studies to Extend the Contract to December 31, 2026.
8. Adopt a Resolution Approving the Corrected American Federation of State, County and Municipal Employees (AFSCME) 2026-2027 Salary Schedule and Side Letter Agreement.
RESOLUTION 2026-037
9. Authorize the Town Manager to Execute a First Amendment to the Agreement for Services with Assure MSP, Inc. to Increase Compensation by $18,898.43 for a Total Agreement Amount of $233,898.43.
10. Authorize the Town Manager to Execute an Agreement for Professional Services with Sanbell for Engineering Design, Alternatives Analysis, Surveying, Easement Preparation, and Bid-Phase Support for the 709 University Avenue Drainage System Replacement Project in the amount of $98,895.
11. Authorize the Town Manager to Execute an Agreement for Professional Services with Sanbell for Engineering, Environmental, and Permitting Services for the Vasona Oak Storm Drainage Repair Project in the amount of $128,923
12. Authorize the Town Manager to Execute a Professional Services Agreement with Liebert Cassidy Whitmore (LCW) for a Three-Year Term with a Total Not-To-Exceed Amount of $120,000
13. Authorize the Town Manager to Execute a Fourth Amendment to the Agreement for Consultant Services with AMS Electric LLC (dba Prime Electric LLC) for the Library Battery Power Supply Project
14. Receive the Monthly Financial and Investment Report for April 2026.
15. Authorize the Town Manager to Execute a Construction Agreement with California Roofing Co. Inc., in an Amount Not to Exceed $182,440 for a Roof Replacement at the Adult Recreation Center.
16. Adopt a Resolution Accepting the FY2022-23 Safe Streets and Roads for All Grant Agreement and Authorize the Town Manager to Execute the Agreement in the Amount of $640,000. RESOLUTION 2026-038
17. Authorize the Town Manager to Execute a Second Amendment to the Agreement for Pre-Employment Background Services with Secure Solutions, Extending Their Agreement to June 30, 2028, and Increasing the Not-to-Exceed Amount to $150,000.
18. Approve the Accounts Payable Check Registers and Payroll Report.
Mayor Moore opened public comment.
The following individual spoke on the consent items:
1. Member of the Public (Items 1, 3, 4, 5, 6, 10, 11, 12, and 13) Mayor Moore closed public comment.
ITEM NO. 1.
PAGE 3 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of June 16, 2026 DATE: August 4, 2026
(Video time: 00:23:28)
MOTION: Motion by Council Member Hudes to approve the consent calendar items one through eighteen. Seconded by Council Member Badame.
VOTE: Motion passed unanimously by roll call vote.
VERBAL COMMUNICATIONS
Mayor Moore opened public comment.
The following individuals spoke during verbal communications:
1. Ian Baranowski
2. Joe Enz
3. Jeff Suzuki
4. Lee Quintana
5. Member of the Public
6. Arnav
Mayor Moore closed public comment.
PUBLIC HEARINGS
19. Continue Consideration of an Appeal of the Planning Commission Decision to Approve a Request for Modification of an Existing Conditional Use Permit for Expanded Hours of Operation in an Institution for Religious Observance (West Valley Muslim Association) on Property Zoned R-1:8. Located at 16769 Farley Road. APN 424-21-062. Conditional Use Permit Application U-24-010. Categorically Exempt Pursuant to CEQA Guidelines Section 15301: Existing Facilities. Property Owner: West Valley Muslim Association, Osmar Ghafoor, President. Applicant: Razi Mohiuddin. Project Planner: Jocelyn Shoopman.
Gabrielle Whelan, Town Attorney, presented the staff report.
Mayor Moore opened public comment.
The following individuals spoke on this item:
1. Member of the Public
2. Lee Quintana
Mayor Moore closed public comment.
(Video time: 00:47:50)
MOTION: Motion by Council Member Badame to continue this appeal hearing to a date certain of August 18, 2026. Seconded by Vice Mayor Ristow.
ITEM NO. 1.
PAGE 4 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of June 16, 2026 DATE: August 4, 2026
VOTE: Motion passed unanimously by roll call vote.
20. Conduct a Brush Abatement Program Public Hearing to Consider Objections to the Proposed Removal of Brush on Parcels Listed on the 2026 Wildland Urban Interface (WUI) Area Non-Compliant Parcel List and Order Abatement.
Paul Gonia, Project Analyst I, presented the staff report.
Council asked questions.
Mayor Moore opened public comment.
The following individual spoke on this item:
No one spoke.
Mayor Moore closed public comment.
(Video time: 00:52:42)
MOTION: Motion by Vice Mayor Ristow to thank the County Fire and the residents of Los Gatos, Parks and Public Works, and everybody who has put out the messaging about the preparation and the fact that our residents had 100% compliance this time. Seconded by Council Member Badame.
VOTE: Motion passed unanimously by roll call vote.
21. Conduct a Public Hearing to Hear Protests and Adopt Resolutions Confirming the Diagrams and Assessments and Levying and Authorizing the Collection of Assessments for Landscape and Lighting Assessment Districts No. 1 and 2 for Fiscal Year 2026-27. RESOLUTIONS 2026- 039; 2026-040; 2026-041; 2026-042; 2026-043; and 2026-044 Paul Gonia, Project Analyst I, presented the staff report.
Council asked questions.
Mayor Moore opened public comment.
The following individual spoke on this item:
1. Stephanie Rickard Hacker
Mayor Moore closed public comment.
Council discussed the item.
ITEM NO. 1.
PAGE 5 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of June 16, 2026 DATE: August 4, 2026
(Video time: 00:58:35)
MOTION: Motion by Council Member Badame to adopt the six resolutions in attachments one through six to continue the annual process of renewing Landscape and Lighting District No. 1 and District No. 2 for fiscal year 2026 through 2027.
Seconded by Council Member Hudes.
VOTE: Motion passed unanimously by roll call vote.
22. Adopt a Resolution Approving the Proposed Fee Schedule for the Adopt-a-Bench Program for Fiscal Year 2026-27. RESOLUTION 2026-045
Nicolle Burnham, Parks and Public Works Director, presented the staff report.
Council asked questions.
Mayor Moore opened public comment.
The following individual spoke on this item:
1. Sharon Childs
Mayor Moore closed public comment.
Council discussed the item.
Mayor Moore called a recess at 8:25 p.m.
Mayor Moore reconvened the meeting at 8:40 p.m.
Mayor Moore stated that the council would come back to item 22 for staff to research the revised dollar amounts.
OTHER BUSINESS
23. Approve the Annual Agreement for Services with the Los Gatos Chamber of Commerce to manage the Town’s Destination Marketing Services, Visit Los Gatos, and the Town’s Visitors Information Center, for a Total Amount of $88,000.
Monica Renn, Economic Vitality Manager, presented the staff report.
Council asked questions.
Mayor Moore opened public comment.
The following individuals spoke on this item:
ITEM NO. 1.
PAGE 6 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of June 16, 2026 DATE: August 4, 2026
1. Lee Quintana
2. Jennifer Lin
Mayor Moore closed public comment.
Council discussed the item.
(Video time: 02:34:58)
MOTION: Motion by Council Member Hudes to direct staff to come back with an alternative proposal working with the Chamber for a total amount of not more than $108,000. Seconded by Council Member Badame.
(Video time: 02:44:01)
SUBSTITUTE MOTION: Motion by Council Member Hudes to approve the contract as stated for $88,000 and for staff to come back with a proposal working with the Chamber for up to $108,000. Seconded by Council Member Badame.
VOTE: Substitute Motion passed unanimously by roll call vote.
Mayor Moore reopened item 22.
22. Adopt a Resolution Approving the Proposed Fee Schedule for the Adopt-a-Bench Program for Fiscal Year 2026-27.
Staff provided additional information.
(Video time: 02:48:46)
MOTION: Motion by Council Member Hudes to adopt a resolution establishing a fee for the Adopt-a-Bench Program, as amended to set the fee for an initial bench application and installation at $7,517 for the initial 10-year term, the fee for each subsequent 10-year renewal term at $2,958, and the fee for a plaque on an existing bench and initial 10-year maintenance period at $3,638. Seconded by Vice Mayor Ristow.
VOTE: Motion passed unanimously by roll call vote.
24. Adopt a Resolution to Sell the 4 Tait Avenue Property (APN: 510-44-054); Approve and Authorize the Town Manager to Sign the Historic Covenant; and Authorize the Town Manager to Negotiate and Execute All Other Required Documents for the Sale, Including a Sale Agreement Accepting an Offer of $3,800,000 for the Property in Substantially the Form Presented. RESOLUTION 2026-046
Vice Mayor Ristow recused herself from Item 24 due to the proximity of her residence to the subject property and left the Chambers.
ITEM NO. 1.
PAGE 7 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of June 16, 2026 DATE: August 4, 2026
Katy Nomura, Assistant Town Manager, presented the staff report.
Council asked questions.
Mayor Moore opened public comment.
The following individuals spoke on this item:
1. Lee Quintana
2. Branislav Vajdic
Mayor Moore closed public comment.
Council discussed the item.
(Video time: 03:13:10)
MOTION: Motion by Council Member Badame to adopt a revised resolution per attachment four to sell the 4 Tait Avenue Property (APN: 510-44-054); approve and authorize the Town Manager to sign the Historic Covenant; and authorize the Town Manager to negotiate and execute all required documents for the sale, including a sale agreement accepting an offer of 3.8 million ($3,800,000) for the property in substantially the form presented. Seconded by Council Member Hudes.
VOTE: Motion passed 4-0-1 by roll call vote. (Vice Mayor Ristow recused) Council Member Ristow returned to the Council Chambers.
25. Approve a Remote Public Access Disruption Policy and an Amendment to Agenda Format and Rules Policy 2-01; and Adopt a Resolution Determining What Constitutes Reasonable Efforts to Encourage Public Participation in Meetings. RESOLUTION 2026-047 Wendy Wood, Town Clerk, presented the staff report.
Council asked questions.
Mayor Moore opened public comment.
No one spoke.
Mayor Moore closed public comment.
Council discussed the item.
ITEM NO. 1.
PAGE 8 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of June 16, 2026 DATE: August 4, 2026
(Video time: 03:36:15)
MOTION: Motion by Vice Mayor Ristow to approve a Remote Public Access Disruption Policy; approve an amendment to the Agenda Format and Rules Policy 2-01; and adopt a resolution establishing what constitutes reasonable efforts to encourage public participation in meetings. Seconded by Council Member Badame.
VOTE: Motion passed unanimously by roll call vote.
COUNCIL MATTERS
- Council Member Rennie stated he met with neighbors of the West Valley Muslim Association and met with the Oka Road developer.
- Council Member Hudes stated he met with the leadership of EL Camino Hospital; attended the City of Saratoga Council meeting; participated in two Los Gatos Thrives meetings, the Community Health and Senior Services commission meeting met with Jim Fowley regarding a development, and the Cities Association membership meeting. - Vice Mayor Ristow stated she met Jim Fowley regarding Chamber contract and development, and met with Eric Hayden, the Oka Road project developer. - Council Member Badame stated she participated in the Resident Wildfire Advisory group meeting; met with the CEO and Executive Director of El Camino Health; and participated in the Concept Development Advisory meeting.
- Mayor Moore stated he met with staff from El Camino Health and the Oka Road developer, attended a Waymo training; provided open remarks at Belwood Dolphin Opening Day met; attended the Opening Day of the summer service at Billy Jones pancake breakfast, the KCat camp, the Cities Association Emergency Preparedness session; spoke to the NUMU Summer Camp campers; met with Bill Wilson Center Youth Impact Partnership Group; held a Community coffee; and spoke about the upcoming July 4th Celebration.
MANAGER MATTERS
Chris Constantin, Town Manager
- Spoke about the upcoming July 4
th event.
- Spoke about the My Los Gatos 311 system.
- Stated that the Administration offices will be closed on June 19th in observance of Juneteenth, and Council will be on recess for the month of July with the next regularly scheduled meeting occurring on August 4.
ATTORNEY MATTERS AND CLOSED SESSION REPORT
Gabrielle Whelan, Town Attorney
- Stated that there was nothing to report from the closed session.
ADJOURNMENT
The meeting adjourned at 10:47 p.m.
ITEM NO. 1.
PAGE 9 OF 9
SUBJECT: Draft Minutes of the Town Council Meeting of June 16, 2026 DATE: August 4, 2026
Respectfully Submitted:
_____________________________________
Keara Johnson, Deputy Town Clerk
ITEM NO. 1.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL CLOSED SESSION MINUTES
MEETING DATE: 09/01/2026
ITEM NO: 2
DRAFT
Minutes of the Town Council Special Meeting Closed Session Tuesday, June 23, 2026
The Town Council of the Town of Los Gatos conducted a special meeting in person to hold a Closed Session.
MEETING CALLED TO ORDER AT 5:01 P.M.
ROLL CALL
Present: Mayor Rob Moore, Vice Mayor Ristow, Council Member Mary Badame, Council Member Matthew Hudes, Council Member Rennie (participated remotely under Government Code §54953(b), joined the meeting at approximately 5:40 p.m.).
Absent: None.
VERBAL COMMUNICATIONS (ONLY ON ITEMS ON THE AGENDA)
The following individual spoke:
1. Member of the Public
Mayor Moore announced the closed session title as listed on the agenda.
THE TOWN COUNCIL MOVED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. Public Employment (Government Code Section 54957)
Title: Town Attorney
There was no reportable action.
ADJOURNMENT
The meeting adjourned at approximately 6:39 p.m.
Attest: Submitted by:
___________________________ __________________________
Jenna De Long, Deputy Town Clerk Chris Constantin, Town Manager
ITEM NO. 2.
PREPARED BY: Gary Heap
Town Engineer
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/04/2026
ITEM NO: 3
DATE: August 4, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute the Fifth Amendment to the Agreement for Services with Traffic Management, Inc. to Increase the Contract Amount by $43,006.15 for the 2026 Holiday Traffic Road Closures and Extend the Period of Performance to August 31, 2027 RECOMMENDATION: Authorize the Town Manager to Execute the Fifth Amendment to the Agreement for Services with Traffic Management, Inc., increasing the contract amount by $43,006.15 for the 2026 Halloween and Children’s Holiday Parade road closures and traffic control services, for a total contract amount not to exceed $178,406.79 and extend the period of performance to August 31, 2027.
FISCAL IMPACT:
The recommended Fifth Amendment increases the total contract with Traffic Management, Inc. (TMI) by $43,006.15, resulting in a new not-to-exceed amount of $178,406.79. Funding for this amendment is included in the Fiscal Year 2026–27 Adopted Budget, Economic and Community Vitality Program 2106 (1112106-62435), and no additional appropriation is required.
STRATEGIC PRIORITY:
This item advances the Strategic Priority to ensure that residents and visitors feel a sense of belonging in Los Gatos by maintaining and enhancing the Town as a welcoming, familyoriented, safe, and inclusive community. This priority aligns with the Core Goal of Civic Engagement. The traffic control services also support the Core Goal of Public Safety.
ITEM NO. 3.
PAGE 2 OF 3
SUBJECT: Fifth Amendment to the Agreement with Traffic Management, Inc.
DATE: August 4, 2026
BACKGROUND:
On February 7, 2023, the Town Council approved a series of event-related actions, including support and budget allocation for hiring a professional traffic control vendor to assist Town staff with road closure and traffic control services for two special events: the Halloween road closures (including the Almond Grove and Johnson Avenue neighborhoods) and the annual Children’s Holiday Parade downtown.
The Town requested qualifications and cost estimates from several professional traffic management companies and selected Traffic Management, Inc. as they have specific experience in the logistics related to road closures and traffic management for special events.
On September 21, 2023, the Town Manager executed the Agreement for Services in the amount of $16,895.34.
On November 28, 2023, the Town Manager executed the First Amendment to the Agreement, increasing the total compensation to $50,000 and modifying the scope to address the extensive requirements associated with the Children’s Holiday Parade.
On August 20, 2024, the Town Council authorized the Town Manager to execute the Second Amendment, increasing the compensation to $93,793 and extending the term to January 31, 2025. The Second Amendment authorized work for the 2024 Halloween road closures and the 2024 Annual Children’s Holiday Parade.
On January 21, 2025, the Town Council authorized the Town Manager to execute a Third Amendment, extending the contract term to August 29, 2025.
On August 5, 2025, The Town Council authorized the Town Manager to execute a Fourth Amendment, extending the contract term to August 31, 2026.
TMI has provided services for both events since 2023 and has demonstrated the ability to work effectively with staff to execute these complex road closures.
DISCUSSION:
After three successful years of working with TMI for holiday road closures, staff requested a quote for the 2026 Halloween and Children’s Holiday Parade events. Based on prior performance and familiarity with Town needs, staff negotiated a cost of $39,096.50 for 2026 services (Attachment 1, Exhibit A) with an extension of the agreement through August 31, 2027.
The increase in cost for 2026 is due to Halloween falling on a Saturday, which results in TMI having to pay overtime to their staff. Staff recommend adding 10% of the 2026 Holiday Road Closure costs ($3,909.65) to cover any unforeseen traffic control issues that might occur during the events.
ITEM NO. 3.
PAGE 3 OF 3
SUBJECT: Fifth Amendment to the Agreement with Traffic Management, Inc.
DATE: August 4, 2026
The Fifth Amendment to the Agreement for Services with Traffic Management, Inc., will increase the contract amount by $43,006.15 to cover the 2026 Halloween and Children’s Holiday Parade’s road closure and traffic control services, for a total contract amount not to exceed $178,406.79. The proposed Fifth Amendment extends the Agreement through August 31, 2027, amends the scope of work, and increases the total amount of the agreement to include the revised scope of work for the 2026 holiday road closures.
After the 2026 event season, staff will issue a Request for Proposal for traffic management for both events and execute a new agreement for these services.
CONCLUSION:
Approval of this amendment will allow the Town to continue working with TMI to provide traffic control services for the 2026 Halloween road closures and the annual Children’s Holiday Parade.
COORDINATION:
This report was developed in collaboration with the Town Manager’s Office of Economic Vitality, the Police Department, and the Parks and Public Works Department.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Fifth Amendment to the Agreement for Services with Traffic Management, Inc., including Exhibit A.
2. Original Agreement with First, Second, Third, and Fourth Amendments
ITEM NO. 3.
AMENDMENT TO AGREEMENT
Amendment to Agreement
Traffic Management Inc.
This FIFTH AMENDMENT TO AGREEMENT FOR SERVICES amends that certain Agreement for Services titled Agreement for Services dated September 21, 2023, made by and between the Town of Los Gatos, ("Town,") and Traffic Management Inc. (“Contractor”), a Corporation and whose address is 8399 Edgewater Drive, Oakland, CA 94621.
RECITALS
A. Town and Consultant entered into an Agreement for Services on September 21, 2023, (“Agreement”) B. The Agreement was amended by the First Amendment dated November 28, 2023, the Second Amendment dated August 20, 2024, the Third Amendment dated January 21, 2025, and the Fourth Amendment dated August 5, 2025.
C. The parties desire to amend the Agreement to provide traffic-management services for the 2026 Halloween road closures and Children’s Holiday Parade, extend the Agreement term, and increase compensation.
AMENDMENT
A. Section 2.1 Scope of Services is amended to read as follows:
Service Provider shall provide services as described in that certain Proposal dated June 24, 2026 for the Tait Halloween Closure, the Johnson Halloween Closure, and the Holiday Parade Closure, which is hereby incorporated by reference and attached as Exhibit A.
B. Section 2.2 Term and Time of Performance is amended to read:
This contract will remain in effect from September 1, 2026 to August 31, 2027.
C. Section 2.6 Compensation is amended to read:
Compensation for Service Provider’s professional services shall be increased by $39,096.50 plus 10% of the 2026 Holiday Road Closure costs ($3,909.65) to cover any unforeseen traffic control issues that might occur during the events, increasing the contract amount by $43,006.15, for a total agreement amount not to exceed $178,406.79. Payment shall be based upon Town approval of each task based on Exhibit A.
D. All other terms and conditions of the Agreement remain in full force and effect.
Attachments:
A - Scope of Services - 2026 Halloween and Children's Holiday Parade Traffic Control
ITEM NO. 3.
TOWN OF LOS GATOS CONTRACTOR: Traffic Management Inc.
**signature_164642**
SIGNATURE
Chris Constantin
FULL NAME
Town Manager
TITLE
**date_signed_164642**
DATE SIGNED
**signature_164643**
SIGNATURE
Elva Pinedo
CONTRACTOR SIGNATORY'S FULL NAME
Director, Credit and Collections
CONTRACTOR SIGNATORY'S TITLE
**date_signed_164643**
DATE SIGNED
Approved as to form:
**signature_164640**
SIGNATURE
Gabrielle Whelan
FULL NAME
Town Attorney
TITLE
**date_signed_164640**
DATE SIGNED
The execution date is the date on which the last party has signed.
ITEM NO. 3.
Exhibits List
A - Scope of Services - 2026 Halloween and Children's Holiday Parade Traffic Control
ITEM NO. 3.
Exhibit A
Scope of Services - 2026 Halloween and Children's
Holiday Parade Traffic Control
ITEM NO. 3.
Customer
Job
# Item Details Qty Unit Price FSC Tax Total
Tait Halloween Closure 10/31/2026 (Saturday) (2 items)
1 Tait Halloween Closure
TS9310
1.00(LS) $5,556.60
LS
$5,556.60
Price based on up to four (4) traffic controller/flagger(s) for up to seven (7) hours onsite. Any additional scope or standby time preventing traffic control operations (due to equipment in roadway, incomplete contractor work, etc.) will be billed at the following hourly rates:
Standard - $793.80
Overtime - $793.80
Premium Time - $952.56
2 Tait CMS Rental Package
RM1000
1.00(LS) $470.00 wk $470.00
Additional rent:
$78.35/dy;$235.00/wk per CMS board
Up to one week rental of two (2) CMS Boards for the Tait Halloween closure Additional rental rate of equipment:
$436.00/dy; $1272.00/wk; $2704.00/mo
Sub Total: $6,026.60
Johnson Halloween Closure 10/31/2026 (Saturday) (2 items) 3 Johnson Halloween Closure
TS9310
1.00(LS) $8,334.90
LS
$8,334.90
Price based on up to six (6) traffic controller/flagger(s) for up to seven (7) hours onsite. Any additional scope or standby time preventing traffic control operations (due to equipment in roadway, incomplete contractor work, etc.) will be billed at the following hourly rates:
Standard - $1190.70
Overtime - $1190.70
Premium Time - $1428.84
**Same day cancellation fee: $4167.45**
4 Johnson CMS Rental
RM1000
1.00(LS) $235.00 wk $235.00
Additional rent:
Office: San Jose
Phone: 877-763-5999
Fax:
Address: 205 Dupont Street
San Jose, CA 95126
www.trafficmanagement.com
Customer: Town of Los Gatos
Phone:
Fax:
Address: 41 Miles Ave, Los Gatos, CA 95030
Billing Address: 41 Miles Ave, Los Gatos, CA 95030
Customer Job/Ref #:
Contact Name: Gary Heap
Direct Phone:
Cell:
Email: [email protected]
Job #: N/A
Project Name: Special Events
Location: Tait Ave and W Main St, Los Gatos, CA
95030
Start Date: 10/31/2026 5:00 PM
Duration: 3 events
Scope: Special Events
Office Name: San Jose
Prevailing Wage
Union
Public Works
Weekday Work
Project Labor
Agreement
7/20/2026
Quote #126557
Page: 1 of 3
ITEM NO. 3.
# Item Details Qty Unit Price FSC Tax Total
$78.35/dy;$235.00/wk per CMS board
Up to One week rental of one (1) CMS board for the Johnson Halloween closure.
Additional rental rate of equipment:
$436.00/dy; $1272.00/wk; $2704.00/mo
Sub Total: $8,569.90
Holiday Parade Closure (2 items)
5 Holiday Parade Closure
TS9310
1.00(LS) $23,072.00
LS
$23,072.00
Price based on a mobilization of up to forty (40) miles from the nearest TMI office and up to eleven (11) hours on site. Any additional scope or standby time preventing installation at the scheduled time (due to equipment in roadway, incomplete contractor work, etc.) will be billed at $2,097/hr for crew. Customer must be present to sign off on the receipt quantities or will assume responsibility for TMI's documentation after the fact. Removal, rental, lease, purchase, lost or damaged equipment, equipment maintenance, and setup re-installation or modification not included.
**Same Day Cancellation Fee: $11,500.00**
6 Holiday Parade CMS Rental Package
RM1000
1.00(LS) $1,428.00
wk
$1,428.00
One week rental of six (6) towable message boards (CMS) for the Holiday Parade closure Additional rental rate of equipment:
$1308.00/dy; $3816.00/wk; $8112.00/mo
Sub Total: $24,500.00
Sub Total $39,096.50
Tax (0.00%) 0
Total $39,096.50
Standard Terms & Conditions
1) Although TMI maintains standard general liability, workers compensation, and other insurance coverages, additional costs may be incurred for the issuance of insurance certificates that require special wording, endorsements, or additional coverages or policy changes. 2) Information provided herein should be relied on for estimating purposes only. 3) This estimate is based on information available and/or provided at the time of the estimate request, such as current permit rates and requirements from public agencies, and is subject to change without notice. 4) TMI reserves the right to modify this estimate should the scope of the project change or additional information is provided. 5) Unless otherwise specified, individual line items and rates are based on acceptance of the estimate as a whole. Significant changes in quantities, addition/deletion of line-items, or selection of single line-items may result in price changes. 6) Prices are valid for up to 60 days. 7) All orders for standard traffic control and equipment (without permit or posting requirements), will require at least three working days advance notice; additional time may be required for non-standard and/or large scale traffic control.
General availability of traffic control is not guaranteed and is subject to availability and schedule of TMI crews and equipment. Allow up to 14 working days for traffic plan turn-around (from time of order to initial submittal.) Agency approval and turn-around time of traffic control plans may vary and cannot be guaranteed. 8) Permit approval and timeline often vary from Agency to Agency and no guarantee of approval or approval timeline is represented. 9) Compensation will be charged for jobs that require special safety training requirements and security clearance. 10) Unless stated otherwise, this estimate is based on work being performed during normal field working hours (7:00am to 3:30pm) Monday through Friday. Additional costs will be incurred and invoiced for after hours work, weekend and/or holidays. 11) ACCEPTANCE OF THIS ESTIMATE: Unless otherwise agreed in writing, acceptance of this estimate shall authorize TMI to perform all work as stated, and this document shall serve as the binding contract, subject to the terms and conditions herein. 12) FUEL SURCHARGE: A fuel surcharge may be applied to any services requiring travel, transportation or mobilization. 13) RENTAL PROTECTION PROGRAM: All rental orders will be automatically enrolled in Rental Protection Plan (RPP) unless opted out by customer. If customer opts out of RPP, customer assumes sole responsibility for damaged or lost equipment. RPP is not available for registered motor vehicles such as TMA's and traffic control trucks. RPP surcharge will only be applied to equipment rental charges, and not be applied to delivery, installation, removal, or other labor and service charges. RPP Coverage Exclusions: Lost, stolen, or missing equipment; damage resulting from customer misuse or negligence; damages of any kind to third parties.
Exclusions
Tax,Encroachment Permits,Traffic Control Plans,Traffic Signal Plans,Posting of "No Parking" Signs,Lost or damaged equipment,Equipment maintenance,Business and/or resident notfication,Temporary striping or striping removal,Construction fencing,Steel/trench plates,Custom signage,Replacement or modification of existing facilities 7/20/2026
Page: 2 of 3
ITEM NO. 3.
Estimator Eric Duncan Customer Signature Date PreparedPage: 3 of 3
ITEM NO. 3.
Fourth Amendment to Agreement for Services
Traffic Management, Inc.
AMENDMENT TO AGREEMENT
PREAMBLE
This Fourth Amendment to Agreement of Services is dated for identification this 5 th day of
August 2025, and amends that certain Third Amendment to Agreement of Services dated January 21, 2025, made by and between the Town of Los Gatos, ("Town,") and the Traffic Management, Inc. (“Service Provider”) identified as an S Corporation and whose address is 4900 Airport Plaza Drive, Suite 300 Long Beach, CA 90815.
I. RECITALS
A. Town and Consultant entered into Agreement of Services Agreement on September 21, 2023, (“Agreement”), a First Amendment to Agreement for Services on November 28, 2023, a Second Amendment to Agreement for Services on August 20, 2024, a Third Amendment to Agreement for Services on January 21, 2025.
B. Town desires to amend the Agreement to increase the scope of services, extend the term and time of performance, and add to the compensation of the agreement.
II. AMENDMENT
A. Section 2.1 Scope of Services is amended to read as follows:
Service Provider shall provide services as described in that certain Proposal dated April 10, 2025 for the Tait Halloween Closure, the Johnson Halloween Closure, and the Holiday Parade Closure, which is hereby incorporated by reference and attached as Exhibit A.
B. Section 2.2 Term and Time of Performance is amended to read:
This contract will remain in effect from August 29, 2025 to August 31, 2026.
C. Section 2.6 Compensation is amended to read:
Compensation for Service Provider’s professional services shall be increased by $37,825.132 plus 10% of the 2025 Holiday Road Closure costs ($3,782.51) to cover any unforeseen traffic control issues that might occur during the events, increasing the contract amount by $41,607.64, for a total agreement amount not to exceed $135,400.64. Payment shall be based upon Town approval of each task based on Exhibit A.
D. All other terms and conditions of the Agreement remain in full force and effect.
Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB Attachment 2 Page 27
ITEM NO. 3.
Fourth Amendment to Agreement for Services
Traffic Management, Inc.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos by:
________________________________________
Chris Constantin, Town Manager
Traffic Management, Inc. by:
________________________________________
Darla Lersch, Manager, Contracts
Recommended by:
________________________________________
Nicolle Burnham,
Director of Parks and Public Works
Approved as to Form:
________________________________________
Gabrielle Whelan, Town Attorney
Attest:
________________________________________
Wendy Wood, CMC, Town Clerk
Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB (Tyler Thomas signing on behalf of Nicolle Burnham)
(Erika Pinedo, Sr. Contract Administrator Lead signing on behalf of Darla Lersch) 8/26/2025
8/26/2025
9/3/2025
9/4/2025
9/4/2025
ITEM NO. 3.
Third Amendment to Agreement for Services
Traffic Management, LLC
AMENDMENT TO AGREEMENT
PREAMBLE
This Third Amendment to Agreement of Services is dated for identification this 21st day of January 2025, and amends that certain Second Amendment to Agreement of Services dated August 20, 2024, made by and between the Town of Los Gatos, ("Town,") and the Traffic Management, LLC a Partnership and whose address is 4900 Airport Plaza Drive, Suite 300 Long Beach, CA 90815.
I. RECITALS
A. Town and Consultant entered into Agreement of Services Agreement on September 21, 2023
2023, a Second Amendment to Agreement for Services on August 20, 2024, copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to extend the term and time of performance.
II. AMENDMENT
A. Section 2.2 Term and Time of Performance is amended to read:
This contract will remain in effect from September 21, 2023 to August 29, 2025.
B. All other terms and conditions of the Agreement remain in full force and effect.
ATTACHMENT 1
Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB
ITEM NO. 3.
Third Amendment to Agreement for Services
Traffic Management, LLC
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos by:
________________________________________ Chris Constantin, Town Manager Traffic Management, LLC by:
________________________________________ Darla Lersch, Manager, Contracts Recommended by:
________________________________________ Nicolle Burnham, Director of Parks and Public Works
Approved as to Form:
________________________________________ Gabrielle Whelan, Town Attorney Attest:
________________________________________ Wendy Wood, CMC, Town Clerk
Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB
ITEM NO. 3.
Second Amendment to Agreement for Services
Traffic Management, Inc.
SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is dated for identification this 20th day of August 2024 and amends that certain FIRST AMENDMENT TO AGREEMENT FOR SERVICES dated November 28, 2023, made by and between the Town of Los Gatos, ("Town,") and the Traffic Management, Inc. (“Service Provider”) identified as an S Corporation and whose address is 4900 Airport Plaza Drive, Suite 300 Long Beach, CA 90815.
RECITALS
A. Town and Consultant entered into an Agreement for Services on September 21, 2023, (“Agreement”), a First Amendment to Agreement for Services on November 28, 2023, copies of which are attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to increase the scope of services, extend the term and time of performance, and add to the compensation of the agreement.
AMENDMENT
1. Section 2.1 Scope of Services is amended to read as follows:
Service Provider shall provide services as described in that certain Proposal dated July 12, 2024 (Halloween Road Traffic Control/Event Road Closures for Johnson Avenue and Tait Avenue), and August 14, 2024 (Traffic Control/Event Road Closures for the Children’s Holiday Parade), which is hereby incorporated by reference and attached as Exhibit B.
2. Section 2.2 Term and Time of Performance is amended to read:
This contract will remain in effect from September 21, 2023, and extend to January 31, 2025.
3. Section 2.6 Compensation is amended to read:
Compensation for Service Provider’s professional services shall be increased by $43,793 for a total agreement amount not to exceed $93,793. Payment shall be based upon Town approval of each task based on Exhibit B.
4. All other terms and conditions of the Agreement remain in full force and effect.
Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB
ITEM NO. 3.
Second Amendment to Agreement for Services
Traffic Management, Inc.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Darla Lersch, Manager, Contracts Katy Nomura, Assistant Town Manager
Signing for Laurel Prevetti
Department Approval:
_______________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
______________________________ ______________________________ Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk Docusign Envelope ID: BB26107B-36F3-4FB4-8119-02184CD7B27F 8/23/2024
8/26/2024
8/26/2024
8/26/2024
8/26/2024
Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB
ITEM NO. 3.
First Amendment to Agreement for Services
Traffic Management, Inc.
FIRST AMENDMENT TO AGREEMENT
This FIRST AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 28th day of November 2023 and amends that certain Agreement for Services dated September 21, 2023, made by and between the Town of Los Gatos, ("Town,") and Traffic Management, Inc. (“Service Provider”) identified as an S Corporation and whose address is 4900 Airport Plaza Drive, Suite 300 Long Beach, CA 90815.
RECITALS
A. Town and Service Provider entered into an Agreement for Services on September 21, 2023 (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to increase the scope of work and add to the compensation of the agreement.
AMENDMENT
1. Section 2.1 Scope of Services is amended to read as follows:
Service Provider shall provide services as described in that certain Proposal dated November 17, 2023, which is hereby incorporated by reference and attached as Exhibit B.
2. Section 2.6 Compensation is amended to read:
Compensation for Service Provider’s professional services shall be increased by $31,392.06 plus $1,712.060 for unanticipated services for a total agreement amount not exceed $50,000. Payment shall be based upon Town approval of each task based on Exhibit B.
3. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB
ITEM NO. 3.
First Amendment to Agreement for Services
Traffic Management, Inc.
IN WITNESS WHEREOF, the Town and Consultant have executed this Amendment.
Town of Los Gatos: Approved as to Consent:
_______________________________ ______________________________ Laurel Prevetti, Town Manager Darla Lersch, Manager, Contracts Department Approval:
________________________________
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form:
______________________________
Gabrielle Whelan, Town Attorney
Attest:
__________________________
Wendy Wood, CMC, Town Clerk
DocuSign Envelope ID: 210218DE-4912-42EC-B3B6-629A868C969C Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB
ITEM NO. 3.
Agreement for Services
Traffic Management, Inc.
AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 21st of September 2023 and is made by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and Traffic Management, Inc. (“Service Provider”), identified as an S Corporation and whose address is 4900 Airport Plaza Drive, Suite 300 Long Beach, CA 90815. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 Town sought quotations for the services described in this Agreement, and Service Provider was found to be the most prepared and provided the customer service needed for the parade closures.
1.2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Town desires to engage Service Provider to provide traffic management services for parade closures.
1.4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.
II. AGREEMENT
2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on August 7, 2023, which is hereby incorporated by reference and attached as Exhibit A. Rates are valid through 12/31/2023 and are subject to a 5% increase on January 2024 and every year thereafter.
2.2 Term and Time of Performance. The effective date of this Agreement shall begin upon execution through September 30, 2024, subject to appropriation of funds, notwithstanding any other provision in this agreement. The term of this Agreement may be extended for up to three years upon mutual written consent of the parties.
2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider shall maintain a Town of Los Gatos business license pursuant to Chapter 14 of the Code of the Town of Los Gatos.
DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB
ITEM NO. 3.
Agreement for Services
Traffic Management, Inc.
2.4 Sole Responsibility. Service Provider 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 Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider 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 Service Provider in connection with other projects shall be solely at Town's risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2.6 Compensation: Compensation for services in the amount of $15,359.40 plus ten percent for unanticipated services for a total agreement amount not to exceed $16,895.34, inclusive of all costs. 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 95031-0655
2.8 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.
DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB
ITEM NO. 3.
Agreement for Services
Traffic Management, Inc.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. 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 Service Provider, 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 Service Provider may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider 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 Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing.
2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider 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, Service Provider 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. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider 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
DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB
ITEM NO. 3.
Agreement for Services
Traffic Management, Inc.
3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider 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. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
General Liability:
i. The Town, its elected and appointed officials, employees, and agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider'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 DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB
ITEM NO. 3.
Agreement for Services
Traffic Management, Inc.
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. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.
Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, 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 Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor.
IV. GENERAL TERMS
4.1 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 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider.
In the event of such termination, Town shall pay Service Provider 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 termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.
DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB
ITEM NO. 3.
Agreement for Services
Traffic Management, Inc.
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:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Traffic Management, Inc.
4900 Airport Plaza Drive, Suite 300
Long Beach, CA 90815
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, 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.
DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB
ITEM NO. 3.
Agreement for Services
Traffic Management, Inc.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos
Laurel Prevetti, Town Manager
Recommended by:
Nicolle Burnham
Director of Parks and Public Works
Traffic Management, Inc.
Darla Lersch, Manager, Contracts
Approved as to Form:
_____________________________________
Gabrielle Whelan, Town Attorney
Attest:
______________________________________
Wendy Wood, CMC, Town Clerk
DocuSign Envelope ID: 692AE2A5-8E32-4E0B-BA47-B102D71DC847 Docusign Envelope ID: B78BF55C-A284-427C-B062-052EA95015BB
ITEM NO. 3.
PREPARED BY: Tyler Thomas
Superintendent
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Administrative Services Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/04/2026
ITEM NO: 4
DATE: August 04, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve a Fourth Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to Increase Fiscal Year 2025–26 Compensation by $41,117 for a Total Agreement Amount Not to Exceed $1,117,232
RECOMMENDATION: Approve a Fourth Amendment to the Agreement for Services with Brightview Tree Care Services, Inc. to retroactively increase Fiscal Year 2025–26 compensation by $41,117 for services already performed, increase the total agreement amount from $1,076,115 to $1,117,232, authorize payment of properly documented invoices within the amended contract amount, and authorize the Town Manager to execute the amendment.
FISCAL IMPACT:
The $41,117 represents a liability for services performed during Fiscal Year 2025–26. The expenditure was accrued as a Fiscal Year 2025–26 accounts payable obligation before the fiscal year was closed and will be charged to the available appropriation in Tree Pruning Services account 1115401-62354. The funding is available from salary savings in account 1115401-51111 associated with the vacant Town Arborist position. No Fiscal Year 2026–27 appropriation or budget adjustment is required.
STRATEGIC PRIORITY:
Not Applicable. This item does not directly implement an adopted 2025–2027 Strategic Priority This action supports the Town's Core Goal of Public Safety by providing contract authority for tree maintenance and emergency response services that address hazardous trees and protect the public and Town infrastructure.
ITEM NO. 4.
PAGE 2 OF 3
SUBJECT: Fourth Amendment to Agreement for Services with Brightview Tree Care Services Inc.
DATE: August 4, 2026
BACKGROUND:
The Town entered into an Agreement for Services with Brightview Tree Care Services, Inc. on June 20, 2023, for tree trimming and maintenance services. The Agreement has since been amended three times. On April 16, 2024, the Town Council authorized the First Amendment, increasing Fiscal Year 2023-24 compensation by $100,000 to $300,000 and increasing the fiveyear agreement amount to $1,100,000.
On May 6, 2025, the Town Council authorized the Second Amendment, increasing Fiscal Year 2024-25 compensation by $15,000 to $215,000 and increasing the five-year agreement amount to $1,115,000.
On November 4, 2025, the Town Council authorized the Third Amendment, reducing Fiscal Year 2025-26 operating-funded tree maintenance by $50,000 and adding $11,115 for tree work associated with the Shannon Road Repair Project (CIP No. 811-0008), for a net decrease of $38,885. The Third Amendment established Fiscal Year 2025-26 compensation at $161,115 and the five-year agreement amount at $1,076,115.
DISCUSSION:
During Fiscal Year 2025-26, the demand for tree maintenance services exceeded initial projections. The Town experienced a significant increase in emergency response requests related to hazardous trees, storm damage, and public safety concerns requiring immediate action. During the Fiscal Year 2025-26 budget process, funding for annual operating-funded tree maintenance was reduced from $200,000 to $150,000 as a cost-saving measure. The Third Amendment implemented that reduction and added $11,115 for tree work associated with the Shannon Road Repair Project, resulting in total Fiscal Year 2025-26 agreement authority of $161,115. Staff continued to prioritize emergency response, hazardous-tree work, and other critical maintenance. Demand for these services exceeded projections during the fiscal year.
By the end of Fiscal Year 2025-26, the value of services performed exceeded the authorized Fiscal Year 2025-26 agreement amount; however, the full amount of the overage was not identified until delayed invoices for completed work were received. The requested contract increase of $41,117 reflects work that was necessary to maintain public safety and respond to operational demands that exceeded original budget assumptions.
Section 2.7 of the Agreement requires monthly invoices to be submitted within 30 days after services are rendered. The delayed invoices did not comply with that requirement. Approval of the Fourth Amendment and payment of verified invoices will not waive the Town’s rights concerning compliance with the Agreement. Staff has directed the contractor to submit future invoices within the required period and will reconcile invoiced expenditures, work in progress, and remaining contract authority monthly.
ITEM NO. 4.
PAGE 3 OF 3
SUBJECT: Fourth Amendment to Agreement for Services with Brightview Tree Care Services Inc.
DATE: August 4, 2026
This budget overage was unknown during Fiscal Year 2025-26 due to the Town’s contractor being multiple months behind on billing for completed work. Because invoices for completed work were received several months after the services were performed, the full Fiscal Year 2025- 26 contract expenditure was not reflected in the information available to staff before year-end.
Staff have communicated the need for timely invoicing and will more closely reconcile invoiced expenditures, work in progress, and remaining contract authority to prevent future work from exceeding authorized compensation.
ALTERNATIVES
1) Approve the Fourth Amendment with modifications.
2) Do not approve the Fourth Amendment and direct staff to return with additional information regarding the invoices, contract controls, or funding source.
CONCLUSION:
Approval of the requested increase will provide sufficient contract authority to pay for services performed by BrightView Tree Care Services, Inc. during Fiscal Year 2025-26 and ensure the agreement accurately reflects the actual cost of maintaining the Town's urban forest.
Staff recommends that the Town Council approve an increase of $41,117 to the BrightView Tree Care Services, Inc. On-Call Tree Maintenance Agreement, increasing the total not-toexceed contract amount to $1,117,232.
COORDINATION:
This report was prepared in coordination with the Finance Department.
ENVIRONMENTAL ASSESSMENT:
Approval of the contract amendment is not a project under the California Environmental Quality Act because it is an administrative and fiscal activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment. No further CEQA review is required.
Attachments:
1. Fourth Amendment to Agreement for Services
2. Original Agreement with First, Second, and Third Amendments
ITEM NO. 4.
AMENDMENT TO AGREEMENT
Amendment to Agreement
Brightview Tree Care Services, Inc.
This FOURTH AMENDMENT TO AGREEMENT amends that certain agreement titled Agreement for Services dated June 20, 2023, made by and between the Town of Los Gatos, ("Town,") and Brightview Tree Care Services, Inc. (“Contractor”), a Corporation and whose address is P.O. Box 31001-2643, Pasadena, CA 91110-2463.
RECITALS
A. Town and Contractor entered into an Agreement for Services on June 20, 2023, (“Agreement”).
B. First Amendment to Agreement for Services on April 16, 2024.
C. Second Amendment to Agreement for Services on May 6, 2025.
D. Third Amendment to Agreement for Services on November 4, 2025.
E. The parties desire to amend the Agreement in order to increase the total compensation for Year 3 Fiscal Year 2025-26.
AMENDMENT
1. Section 2.6 Compensation - is replaced in its entirety and will read:
Year 1 Fiscal Year 2023/24 - $300,000
Year 2 Fiscal Year 2024/25 - $215,000
Year 3 Fiscal Year 2025/26 - $202,232
Year 4 Fiscal Year 2026/27- $200,000
Year 5 Fiscal Year 2027/28- $200,000
For a total agreement amount not to exceed $1,117,232
Compensation is subject to Operating Budget Appropriations. Charges as defined in Exhibit A may be increased annually based on 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 will remain at the base amount. Payment shall be based upon Town approval of each task.
2. All other terms and conditions of the Agreement remain in full force and effect.
Attachment 1.
ITEM NO. 4.
Amendment to Agreement Page 2 of 2
Brightview Tree Care Services, Inc.
TOWN OF LOS GATOS BRIGHTVIEW TREE CARE SERVICES, INC.
**signature_158297**
SIGNATURE
Chris Constantin
FULL NAME
Town Manager
TITLE
**date_signed_158297**
DATE SIGNED
**signature_158298**
SIGNATURE
Brandon Steene
CONTRACTOR SIGNATORY'S FULL NAME
Vice President/GM
CONTRACTOR SIGNATORY'S TITLE
**date_signed_158298**
DATE SIGNED
Approved as to form:
**signature_158295**
SIGNATURE
Gabrielle Whelan
FULL NAME
Town Attorney
TITLE
**date_signed_158295**
DATE SIGNED
The execution date is the date on which the last party has signed.
ITEM NO. 4.
Brightview Tree Care Services, Inc.
Agreement for Services
AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 20th day of June 2023 and is made by and between TOWN OF LOS GATOS, a California municipal corporation, (“Town”), and Brightview Tree Care Services, Inc. (“Service Provider”), identified as a C Corporation and whose address is P.O. Box 31001-2643, Pasadena, CA 91110-2463. This Agreement is made with reference to the following facts.
I. RECITALS
1.1 Town sought proposals for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.
1.2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1.3 Town desires to engage Service Provider to provide tree trimming maintenance services.
1.4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.
II. AGREEMENT
2.1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on May 8, 2023, which is hereby incorporated by reference and attached as Exhibit A.
2.2 Term and Time of Performance. The effective date of this Agreement shall begin July 1, 2023 and will continue through June 30, 2028 subject to appropriation of funds, notwithstanding any other provision in this agreement.
2.3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider 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. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
DocuSign Envelope ID: 099CDE20-1825-4962-92F1-B180572EF7AB Attachment 2.
ITEM NO. 4.
Brightview Tree Care Services, Inc.
Agreement for Services
2.5 Information/Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town’s property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider 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 Service Provider in connection with other projects shall be solely at Town's risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2.6 Compensation: Base compensation for services shall not exceed $200,000 in Fiscal Year 2023/24, and one million dollars over the five year agreement period. Compensation will be subject to Operating Budget Appropriations. Charges as defined in Exhibit A may be increased annually based on 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. 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 95031-0655
2.8 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.
DocuSign Envelope ID: 099CDE20-1825-4962-92F1-B180572EF7AB
ITEM NO. 4.
Brightview Tree Care Services, Inc.
Agreement for Services
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. 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 Service Provider, 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 Service Provider may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider 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 Service Provider or is based on allegations of Service Provider's negligent performance or wrongdoing.
2.11 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider 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, Service Provider 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. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider 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.
DocuSign Envelope ID: 099CDE20-1825-4962-92F1-B180572EF7AB
ITEM NO. 4.
Brightview Tree Care Services, Inc.
Agreement for Services
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: two million dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider 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. iii. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
General Liability:
i. The Town, its elected and appointed officials, employees, and agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider's insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider'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 DocuSign Envelope ID: 099CDE20-1825-4962-92F1-B180572EF7AB
ITEM NO. 4.
Brightview Tree Care Services, Inc.
Agreement for Services
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. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.
Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, 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 Service Provider, or any of the Service Provider's officers, employees, or agents or any subcontractor.
IV. GENERAL TERMS
4.1 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 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days (15) written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider.
In the event of such termination, Town shall pay Service Provider 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 termination.
4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $1,000 which are defined as a “public work” by the State of California. This includes: construction, demolition, DocuSign Envelope ID: 099CDE20-1825-4962-92F1-B180572EF7AB
ITEM NO. 4.
Brightview Tree Care Services, Inc.
Agreement for Services
repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/or available at each jobsite.
4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violations identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.
The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
4.4.5 In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
DocuSign Envelope ID: 099CDE20-1825-4962-92F1-B180572EF7AB
ITEM NO. 4.
Brightview Tree Care Services, Inc.
Agreement for Services
4.4.7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney’s fee relating to such fine.
4.4.9 The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.
4.5 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.
4.6 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.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
Brightview Tree Services, Inc.
P.O. Box 31001-2643
Pasadena, CA 91110-2463
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.
4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms, DocuSign Envelope ID: 099CDE20-1825-4962-92F1-B180572EF7AB
ITEM NO. 4.
Brightview Tree Care Services, Inc.
Agreement for Services
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 Service Provider have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Jim Harbin
Acting Director of Parks and Public Works
Brightview Tree Services, Inc., by:
Fred Freund, Division President
Approved as to Form:
_____________________________________
Gabrielle Whelan, Town Attorney
Attest:
______________________________________
Wendy Wood, CMC, Town Clerk
DocuSign Envelope ID: 099CDE20-1825-4962-92F1-B180572EF7AB
ITEM NO. 4.
DocuSign Envelope ID: 099CDE20-1825-4962-92F1-B180572EF7AB
ITEM NO. 4.
Docusign Envelope ID: 1031 E9E1- D398- 4EF8- AACO- E23CC588AED2
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
This SECOND AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 6th day of May 2025 and amends that certain First Amendment to Agreement for Services dated April 16, 2024, made by and between the Town of Los Gatos, (" Town,") and the Brightview Tree Care Services, Inc. (" Service Provider") identified as a C Corporation and whose address is P. O.
Box 31001- 2643, Pasadena, CA 91110- 2463.
RECITALS
A. Town and Service Provider entered into an Agreement for Services on June 20, 2023, Agreement"), a First Amendment to Agreement for Services on April 16, 2024, copies of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to increase the compensation.
AMENDMENT
1. Section 2. 6 Compensation is replaced in its entirety to read:
Year 1 Fiscal Year 2023/ 24- $ 200,000
Year 2 Fiscal Year 2024/ 25 - $ 200, 000; Modified via First Amendment to $ 300, 000 Year 3 Fiscal Year 2025/ 26- $ 200,000; Modified via Second Amendment to $ 215, 000 Year 4 Fiscal Year 2025/ 26- $ 200,000
Year 5 Fiscal Year 2026/ 27- $ 200, 000
For a total agreement amount not to exceed $ 1, 115, 000, inclusive of all costs.
Compensation is subject to Operating Budget Appropriations. Charges as defined in Exhibit A may be increased annually based on 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. Payment shall be based upon Town approval of each task.
2. All other terms and conditions of the Agreement remain in full force and effect.
Second Amendment to Agreement for Services
Brightview Tree Care Services, Inc.
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Docusign Envelope ID: 1031 E9E1- D398- 4EF8- AACO- E23CC588AED2 IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos: Approved as to Consent:
Signed by: Signed by:
J, rtS (, ôtkSAttt/L 5/ 16/ 2025 fVttindi6Vt, ShkinJ, 5/ 7/ 2025 F8-3•___. ._.__... ArAl- 51- 3D8C1462...
Chris Constantin, Town Manager Brandon Steene
Vice President/ General Manager
Department Approval:
Signed by:
MOW, btArtALVAA 5/ 12/ 2025
0E97831349644C3...
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
Signed by:
MAMA,
Signed by:
AJirtt it, uAMA, 5/ 15/ 2025 L U&1 5/ 16/ 2025
EM1428... 2CA72CC4AESA4D9...
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
Second Amendment to Agreement for Services
Brightview Tree Care Services, Inc.
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Docusign Envelope ID: 1031 E9E1- D398- 4EF8- AACO- E23CC588AED2
FIRST AMENDMENT TO AGREEMENT FOR SERVICES
This FIRST AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 16th day of April 2024 and amends that certain Agreement for Services dated June 20, 2023, made by and between the Town of Los Gatos, (" Town,") and the Brightview Tree Care Services, Inc.
Service Provider") identified as a C Corporation and whose address is P. O. Box 31001- 2643, Pasadena, CA 91110- 2463
RECITALS
A. Town and Service Provider entered into an Agreement for Services on June 20, 2023, Agreement"), a copy of which is attached hereto and incorporated by reference as Exhibit A to this Amendment.
B. Town desires to amend the Agreement to increase the compensation.
AMENDMENT
1. Section 2. 6 Compensation is amended to read as follows:
Additional compensation for Service Providers professional services shall be increased for Fiscal Year 2023/ 24 in an amount of $ 100, 000 for a total annual amount not to exceed 300, 000 and a total agreement amount not to exceed $ 1, 100, 000.
2. All other terms and conditions of the Agreement remain in full force and effect.
First Amendment to Agreement for Services
Brightview Tree Care Services, Inc.
EXHIBIT A
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Docusign Envelope ID: 1031 E9E1- D398- 4EF8- AACO- E23CC588AED2 IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
TowncuSigof
ned y:
Los Gatos: Approved as to Consent:
Do DocuSigned by:
Gaunt frUMftt 5/ 3/ 2024 frA,whiA. ShAAAL 4/ 30/2024
853FEE; E- 3-9470... AEki' FYS, 1- 3 ice...
Laurel Prevetti, Town Manager Brandon Steene
Vice President/ General Manager
Department Approval:
DocuSigned by:
MCA(/' % 4/ 30/ 2024
0 Nicolle Burnham
Director of Parks and Public Works
Approved as to Form: Attest:
DocuSigned by: DocuSigned by:
A Vtt Ui AINA, 5/ 2/ 2024 tn,.f (NO', 5/ 3/ 2024
EFDG73OA; 634428... 13F& CDCDC2C214F8...
Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk
First Amendment to Agreement for Services
Brightview Tree Care Services, Inc.
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Docusign Envelope ID: 1031 E9E1- D398- 4EF8- AACO- E23CC588AED2
AGREEMENT FOR SERVICES
THIS AGREEMENT is dated for identification this 20th day of June 2023 and is made by and between TOWN OF LOS GATOS, a California municipal corporation, (" Town"), and Brightview Tree Care Services, Inc. (" Service Provider"), identified as a C Corporation and whose address is P. O. Box 31001- 2643, Pasadena, CA 91110- 2463. This Agreement is made with reference to the following facts.
I. RECITALS
1. 1 Town sought proposals for the services described in this Agreement, and Service Provider was found to be the lowest responsible supplier for this purchase.
1. 2 Service Provider represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1. 3 Town desires to engage Service Provider to provide tree trimming maintenance services.
1. 4 Service Provider warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Service Provider acknowledges Town has relied upon these warranties to retain Service Provider.
II. AGREEMENT
2. 1 Scope of Services. Service Provider shall provide services as described in that certain Proposal sent to the Town on May 8, 2023, which is hereby incorporated by reference and attached as Exhibit A.
2. 2 Term and Time of Performance. The effective date ofthis Agreement shall begin July 1, 2023 and will continue through June 30, 2028 subject to appropriation of funds, notwithstanding any other provision in this agreement.
2. 3 Compliance with Laws. The Service Provider shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Service Provider represents and warrants to Town that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Service Provider to practice its profession. Service Provider 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. Service Provider shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
Brightview Tree Care Services, Inc.
Agreement for Services
EXHIBIT A
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Docusign Envelope ID: 1031 E9E1- D398- 4EF8- AACO- E23CC588AED2
2. 5 Information/ Report Handling. All documents furnished to Service Provider by the Town and all reports and supportive data prepared by the Service Provider under this Agreement are the Town' s property and shall be delivered to the Town upon the completion of services or at the Town' s written request. All reports, information, data, and exhibits prepared or assembled by Service Provider in connection with the performance of its services pursuant to this Agreement are confidential until released by the Town to the public, and the Service Provider shall not make any of these documents or information available to any individual or organization not employed by the Service Provider or the Town without the written consent of the Town before such release. The Town acknowledges that the reports to be prepared by the Service Provider 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 Service Provider in connection with other projects shall be solely at Town' s risk, unless Service Provider expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Service Provider which is and has been confirmed in writing by Service Provider to be a trade secret of Service Provider.
2. 6 Compensation: Base compensation for services shall not exceed $ 200, 000 in Fiscal Year 2023/ 24, and one million dollars over the five year agreement period. Compensation will be subject to Operating Budget Appropriations. Charges as defined in Exhibit A may be increased annually based on 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. 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 95031- 0655
2. 8 Availability of Records. Service Provider shall maintain the records supporting this billing for not less than three years following completion of the work under this Agreement. Service Provider shall make these records available to authorized personnel of the Town at the Service Provider offices during business hours upon written request of the Town.
Brightview Tree Care Services, Inc.
Agreement for Services
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Docusign Envelope ID: 1031 E9E1- D398- 4EF8- AACO- E23CC588AED2
2. 9 Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Service Provider. No portion ofthese services shall be assigned or subcontracted without the written consent of the Town.
2. 10 Independent Contractor. It is understood that the Service Provider, 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 Service Provider may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. Service Provider agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Service Provider 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 Service Provider or is based on allegations of Service Provider' s negligent performance or wrongdoing.
2. 11 Conflict of Interest. Service Provider understands that its professional responsibilities are solely to the Town. The Service Provider has and shall not obtain any holding or interest within the Town of Los Gatos. Service Provider 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, Service Provider 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. Service Provider shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person Service Provider discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement Service Provider shall promptly notify Town of this employment relationship, and shall, at the Town' s sole discretion, sever any such employment relationship.
2. 12 Equal Employment Opportunity. Service Provider warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Service Provider 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.
Brightview Tree Care Services, Inc.
Agreement for Services
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Docusign Envelope ID: 1031 E9E1- D398- 4EF8- AACO- E23CC588AED2 III. INSURANCE AND INDEMNIFICATION
3. 1 Minimum Scope of Insurance:
Service Provider agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/ her and his/ her firm to an amount not less than: two million dollars ($ 2, 000, 000) combined single limit per occurrence for bodily injury, personal injury and property damage.
ii. Service Provider 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.
Hi. Service Provider shall provide to the Town all certificates of insurance, with original endorsements effecting coverage. Service Provider agrees that all certificates and endorsements are to be received and approved by the Town before work commences.
General Liability:
The Town, its elected and appointed officials, employees, and agents are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Service Provider; products and completed operations of Service Provider, premises owned or used by the Service Provider. ii. The Service Provider' s insurance coverage shall be primary insurance as respects the Town, its elected and appointed officials, employees, and agents. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Service Provider' s insurance and shall not contribute with it.
Hi. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. The Service Provider' 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
Brightview Tree Care Services, Inc.
Agreement for Services
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Docusign Envelope ID: 1031 E9E1- D398- 4EF8- AACO- E23CC588AED2 been given to the Town. Current certification of such insurance shall be kept on file at all times during the term ofthis agreement with the Town Clerk.
3. 3 Workers' Compensation. In addition to these policies, Service Provider shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement.
Further, Service Provider shall ensure that all subcontractors employed by Service Provider provide the required Workers' Compensation insurance for their respective employees.
3. 4 Indemnification. The Service Provider shall save, keep, hold harmless and indemnify and defend the Town its elected and appointed officials, agents, 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 Service Provider, or any of the Service Provider' s officers, employees, or agents or any subcontractor.
IV. GENERAL TERMS
4. 1 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 Termination of Agreement. The Town and the Service Provider shall have the right to terminate this agreement with or without cause by giving not less than fifteen days ( 15) written notice of termination. In the event of termination, the Service Provider shall deliver to the Town all plans, files, documents, reports, performed to date by the Service Provider.
In the event of such termination, Town shall pay Service Provider 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 termination.
4. 4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq. of the California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. Contractors and all subcontractors who perform work on the project are required to comply with these requirements. Prevailing wages apply to all projects over $ 1, 000 which are defined as a " public work" by the State of California. This includes: construction, demolition,
Brightview Tree Care Services, Inc.
Agreement for Services
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Docusign Envelope ID: 1031 E9E1- D398- 4EF8- AACO- E23CC588AED2 repair, alteration, maintenance and the installation of photovoltaic systems under a Power Purchase Agreement when certain conditions are met under Labor Code Section 1720.6. This include service and warranty work on public buildings and structures.
4.4. 1 The applicable California prevailing wage rate can be found at www.dir.ca. gov and are on file with the Town of Los Gatos Parks and Public Works Department, which shall be available to any interested party upon request. The contractor is also required to have a copy of the applicable wage determination posted and/ or available at each jobsite.
4.4.2 Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774- 1775 (the payment of prevailing wages and documentation of such), Section 1776 ( the keeping and submission of accurate certified payrolls) and 1777. 5 in the employment of apprentices on public works projects. Further, overtime, weekend and holiday pay, and shift pay must be paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to$ 200 per day per worker for each wage violations identified; 100 per day per worker for failure to provide the required paperwork and documentation requested within a 10- day window; and$ 25 per day per worker for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor agrees to present to the TOWN, along with its request for payment, all applicable and necessary certified payrolls ( for itself and all applicable subcontractors) for the time period covering such payment request.
The term " certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Agency or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions CAC2 if applicable), and apprenticeship forms such as DAS- 140 and DAS- 142.
4. 4. 5 In addition to submitting the certified payrolls and related documentation to the TOWN, the contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and final payment.
4. 4. 6 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725. 5 [ with limited exceptions from this requirement for bid purposes only under Labor Code section 1771. 1( a)].
Brightview Tree Care Services, Inc.
Agreement for Services
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Docusign Envelope ID: 1031 E9E1- D398- 4EF8- AACO- E23CC588AED2
4. 4. 7 No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725. 5. Contractors MUST be a registered " public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $ 15,000 for maintenance work or less than 25, 000 for construction alternation, demolition or repair work, registration is not required.
4.4.8 Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the TOWN for any fines assessed by the California Department of Industrial Relations against the TOWN for such violation, including all staff costs and attorney' s fee relating to such fine.
4. 4.9 The TOWN shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient funds to cover estimated wages and penalties under the contract.
4. 5 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the Town and the Service Provider.
4. 6 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. 7 Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
Town of Los Gatos Brightview Tree Services, Inc.
Attn: Town Clerk P. O. Box 31001- 2643
110 E. Main Street Pasadena, CA 91110- 2463
Los Gatos, CA 95030
or personally delivered to Service Provider to such address or such other address as Service Provider designates in writing to Town.
4. 8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4. 9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Service Provider. No terms,
Brightview Tree Care Services, Inc.
Agreement for Services
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Docusign Envelope ID: 1031 E9E1- D398- 4EF8- AACO- E23CC588AED2 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 Service Provider have executed this Agreement.
Town of Los Gatos by: Brightview Tree Services, Inc., by:
DocuSigned by: DocuSigned by:
LrtL Prt ulti
85.sF EA EB39470... 79FD 0...
Laurel Prevetti, Town Manager Fred Freund, Division President Recommended by:
DocuSigned, by:
E710;' 3G0535444C...
Jim Harbin
Acting Director of Parks and Public Works
Approved as to Form:
DocuSigned by:
Gtilvititt, MAMA,
EF 428..
Gabrielle Whelan, Town Attorney
Attest:
DocuSigned by:
AA UJbbI,
BPO'EBe'B'E2C214F8...
Wendy Wood, CMC, Town Clerk
Brightview Tree Care Services, Inc.
Agreement for Services
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0 Docusign Envelope ID: 1031 E9E1- D398- 4EF8- AACO- E23CC588AED2
ITEM NO. 4.
Docusign Envelope ID: 1031E9E1- D398- 4EF8- AACO- E23CC588AED2
ATTACHMENT D
BID PRICE SHEET
For all services described below, unless excluded by the Town in description of services below, the Town shall consider unit prices below to include all labor, equipment, fees of any kind, overhead, insurance, fuel, materials, surcharges, disposal fees, and any other costs associated with and necessary for the Bidder to perform such service. No qualifications, exemptions, or alterations of services described below will be allowed. Failure to comply will result in disqualification of bid.
A. GENERAL SERVICES
DESCRIPTION, WITH UNIT UNIT ESTIMATED EXTENDED PRICE
PRICE IN WORDS.( PRICE PRICE UNITS
IS INCLUSIVE OF ALL
APPLICABLE TAXES AND
FEES)
Annual routine trimming based
on tree trimming in pre- designed
1. districts, grids or parks on a set Per-tree 700 @$ 105 73, 500 cycle, and includes all trees
small. medium, and large- sized).
Service request tree trimming
consist of trimming trees outside
the grid trimming cycle.
2. 0"— 6"
Per tree 3 @$ 80 240
7"— 12"
Per tree 10 @$ 105 1, 050
13"— 18" Per tree 10 @$ 159 1, 590
19"— 24" Per tree 20 @$209 4, 180
25" and over Per tree 10 @$ 231 2, 310
Tree removal( excludes stump
removal)
0"— 6" Per tree 5 @$ 105 525
3 7"— 12" Per tree 15 @$ 261 3, 915
13"— 18" Per tree 20 @$ 574
11, 480
19"— 24" Per tree 10 @$ 836 8, 360
25" and over
5 @$ 2112 $ 10, 560
Stump removal
Per stump 5 @$63 315
0"- 6"
Per stump 15 @$ 126 $ 1, 890
4. 7" 12"
Per stump 20 @$ 188 3, 760 13"— 18"
19"— 24" Per stump 10 @$251 2, 510
25" and over Per stump 5 @$377 1, 885
SUB- TOTAL— GENERAL
A 128, 070
SERVICES
EXHIBIT A
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
I A-14 A.0 Iws 0/r
Docusign Envelope ID: 1031E9E1- D398- 4EF8- AACO- E23CC588AED2 B. CREW RENTAL AND EMERGENCY SERVICES
Fully equipped crew as defined. Includes UNIT ESTIMATED EXTENDED all labor, equipment, tool, traffic control, PRICE UNITS PRICE disposal costs, and zero material markups
STRAIGHT TIME
1. 4 Man crew with Equipment Per hour 20 @$ 330 6, 600
2. 3 Man crew with Equipment Per hour 40 ' @$ 248 9920
3. 2 Man crew with Equipment Per hour 20 @$ 165 3300
OVERTIME/ WEEKENDS/ EMERGENCY
AFTER HOURS CALL OUT
4. 4 Man crew with Equipment Per hour 10 @$ 418 4180
5. 3 Man crew with Equipment Per hour 10 @$ 314 3140
6. 2 Man crew with Equipment Per hour 20 @$209 4180
B
SUB- TOTAL— CREW RENTAL& 31, 320
EMERGENCY SERVICES
C. OTHER COSTS
DESCRIPTION, WITH UNIT UNIT ESTIMATED EXTENDED PRICE
PRICE IN WORDS.( PRICE IS PRICE UNITS
INCLUSIVE OF ALL
APPLICABLE TAXES AND
FEES)
Cost for crown, trees requiring
trimming more than 25% of
foliage at one time, or crown
shaping or crown reduction.
1. 0- 6" Per tree 3 @$ 80 $ 240
7- 12" Per tree 10 @$ 105 $ 1, 050
13- 18" Per tree 10 @$ 160 $ 1, 600
19- 24" Per tree 10 @$ 259 $ 2, 590
25" and over Per tree 20 @$ 314 $ 6, 280
Specialty equipment— 50- ton
Per hour 5 @$ 292 $ 1, 460
2. crane per hour
Per hour 15 @$ 275 $ 4, 125
95- foot aerial tower per hour
Tree planting and installation
services:
Price includes labor, equipment,
root irrigation device, and
staking; assume trees to be
3. provides by the Town)
15" gallon
Per tree 40 @$ 143 $ 5, 720
24" box
Per tree 20 @$ 309 $ 6, 180
Per tree 10 @$ 429 $ 4,290
36" box
Per tree 5 @$ 715 $ 3, 575
48" box
4 Arborist services& report
Per hour 10 @$ 132 $ 1, 320
writing per hour
Tree watering per day
5. Assume 1 worker watering 8 Per day 40 @$ 660 $ 26, 400 hours)
6. GPS tree inventory data Per tree
14, 000 @$ 4 $ 56, 000
collection site
C. SUB- TOTAL- OTHER COST 120,830
GRAND TOTAL( A+B+ C) 280, 220
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Third Amendment to Agreement for Services
Brightview Tree Care Services, Inc.
THIRD AMENDMENT TO AGREEMENT FOR SERVICES
This THIRD AMENDMENT TO AGREEMENT FOR SERVICES is dated for identification this 4th day of November 2025 and amends that certain Second Amendment to Agreement for Services dated May 6, 2025, made by and between the Town of Los Gatos, ("Town,") and the Brightview Tree Care Services, Inc. (“Service Provider”) identified as a C Corporation and whose address is P.O. Box 31001-2643, Pasadena, CA 91110-2463.
RECITALS
A. Town and Service Provider entered into an Agreement for Services on June 20, 2023, (“Agreement”), a First Amendment to Agreement for Services on April 16, 2024, and a Second Amendment to Agreement for Services on May 6, 2025.
B. Town desires to amend the Agreement to reduce the compensation for Year 3 Fiscal Year 2025/26.
C. Town desires to add funding for tree work under the Shannon Road Repair Project (CIP No. 811-0008).
AMENDMENT
1. Section 2.6 Compensation is replaced in its entirety to read:
Year 1 Fiscal Year 2023/24 - $300,000
Year 2 Fiscal Year 2024/25 - $215,000
Year 3 Fiscal Year 2025/26 - $161,115
Year 4 Fiscal Year 2026/27- $200,000
Year 5 Fiscal Year 2027/28- $200,000
For a total agreement amount not to exceed $1,076,115
Compensation is subject to Operating Budget Appropriations. Charges as defined in Exhibit A may be increased annually based on 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 will remain at the base amount. Payment shall be based upon Town approval of each task.
2. All other terms and conditions of the Agreement remain in full force and effect.
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0
ITEM NO. 4.
Third Amendment to Agreement for Services
Brightview Tree Care Services, Inc.
IN WITNESS WHEREOF, the Town and Service Provider have executed this Amendment.
Town of Los Gatos: Service Provider by:
Chris Constantin, Town Manager Brandon Steene, Vice President/GM Department Approval:
Nicolle Burnham
Director of Parks and Public Works
Approved as to Form:
Gabrielle Whelan, Town Attorney
Docusign Envelope ID: 330F5BED-4B39-4CA3-8A3E-62D99F4636A0 11/6/2025
11/6/2025
11/10/2025
11/10/2025
ITEM NO. 4.
PREPARED BY: Dan Keller
Fleet and Facilities Operations Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/04/2026
ITEM NO: 5
DATE: August 4, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Town Manager to Execute a Third Amendment to the Agreement for Services with H.A. Bowen Electric, Inc., Increasing Compensation by $7,000 for a Total Not to Exceed Amount of $152,335 RECOMMENDATION: Authorize the Town Manager to execute the Third Amendment to the Agreement for Services with H.A. Bowen Electric, Inc., increasing compensation by $7,000 for a total agreement amount not to exceed $152,335.
FISCAL IMPACT:
The Third Amendment (Attachment 1) would increase compensation by $7,000, from $145,335 to a total agreement amount not to exceed $152,335. The services were completed during FY 2025-26, and the final invoice was received during the Town’s FY 2025-26 year-end closing process. Sufficient appropriation is available in the Approved FY2025-26 Parks and Public Works Operating Budget Facilities Maintenance Program (6335423-63354), and the expenditure will be accrued to FY 2025-26. No additional appropriation or budget adjustment is required.
STRATEGIC PRIORITY:
Not Applicable. This item does not directly address a Strategic Priority. It supports the Core Goals of Quality Public Infrastructure and Public Safety by maintaining Town buildings and facilities.
BACKGROUND:
On August 10, 2021, the Town entered into an Agreement for Services with H. A. Bowen Electric Inc. (“Contractor”) to provide on-call electrical services and repairs for Town facilities,
ITEM NO. 5.
PAGE 2 OF 2
SUBJECT: Third Amendment to Agreement for Services with H.A. Bowen Electric, Inc. for On-Call Electrical Services
DATE: August 4, 2026
emergencies, unforeseen infrastructure work, and downtown decorative lighting. The total value of the original agreement was $49,500 over a three-year period.
The agreement was amended on February 1, 2022, to increase the total compensation to $97,335.
A second amendment was executed on June 25, 2024, that increased total compensation to $145,335 and extended the term of performance through June 30, 2026.
DISCUSSION:
In FY 2025-26 the Parks and Public Works Department (PPW) determined that a portion of the Library’s lighting control system needed replacements and reprogramming. The Contractor provided electrical services associated with the replacement work on the lighting control system, while a second vendor, Lutron, provided work associated with the reprogramming. It was later determined that components associated with the Library’s automatic shades also required replacement. The Contractor provided these additional shade services during performance of the anticipated lighting control system replacement work.
The Contractor’s final invoice was received on July 20, 2026. The additional work performed at the Library in Fiscal Year 2025-26 resulted in an overage to the contract amount. Increasing the compensation by $7,000 will allow the Town to pay the contractor for their services.
CONCLUSION:
The proposed action will allow the Town to pay the Contractor invoice for work completed in Fiscal Year 2025-26 to maintain functionality at the Library.
COORDINATION:
This Staff Report was discussed with the Town Clerk’s Office.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ALTERNATIVES:
Not applicable.
Attachments:
1. Third Amendment to Agreement
2. Original Agreement with Amendments
ITEM NO. 5.
AMENDMENT TO AGREEMENT
Amendment to Agreement
H.A. Bowen Electric, Inc.
This THIRD AMENDMENT TO AGREEMENT amends that certain agreement titled Agreement for Services dated August 10, 2021, made by and between the Town of Los Gatos, ("Town,") and H.A. Bowen Electric, Inc. (“Service Provider”), a Corporation and whose address is 2055 Williams Street, San Leandro, CA 94577.
RECITALS
A. Town and Service Provider entered into an Agreement for Services on August 10, 2021, (“Agreement”).
B. First Amendment to Agreement for Services on February 14, 2022.
C. Second Amendment to Agreement for Services on June 26, 2024.
D. Service Provider completed additional electrical services at the Town Library on or before June 30, 2026, and the final invoiced cost exceeded the Agreement's existing compensation authority by $7,000.00.
E. The parties desire to amend the Agreement in order to increase compensation by $7,000.00 to provide payment for services completed during the Agreement term.
AMENDMENT
A. Section 2.6 Compensation is replaced and will read:
Compensation for services shall be:
FY 2021/22: $11,100 + $21,235 for unanticipated services = $32,335 FY 2022/23: $11,100 + $21,400 for unanticipated services = $32,500 FY 2023/24: $11,100 + $21,400 for unanticipated services = $32,500 FY 2024/25: $20,000 + $4,000 for unanticipated services = $24,000 FY 2025/26: $27,000 + $4,000 for unanticipated services = $31,000 For a total agreement amount not to exceed $152,335 inclusive of all costs. Payment shall be based upon Town approval of each task.
B. All other terms and conditions of the Agreement remain in full force and effect.
ITEM NO. 5.
TOWN OF LOS GATOS H.A. BOWEN ELECTRIC INC.
**signature_169395**
SIGNATURE
Chris Constantin
FULL NAME
Town Manager
TITLE
**date_signed_169395**
DATE SIGNED
**signature_169397**
SIGNATURE
Rich Gillespie
CONTRACTOR SIGNATORY'S FULL NAME
Superintendent
CONTRACTOR SIGNATORY'S TITLE
**date_signed_169397**
DATE SIGNED
Approved as to form:
**signature_169394**
SIGNATURE
Gabrielle Whelan
FULL NAME
Town Attorney
TITLE
**date_signed_169394**
DATE SIGNED
The execution date is the date on which the last party has signed.
ITEM NO. 5.
ATTACHMENT 2 Page 77
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ITEM NO. 5.
PREPARED BY: Ryan Baker
Library Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/04/2026
ITEM NO: 6
DATE: August 4, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Authorize the Purchase of Library Books and Materials from Ingram During Fiscal Year 2026–27 in an Amount Not to Exceed $132,800 and Waive Formal Bidding Requirements
RECOMMENDATION: Find that formal competitive bidding for the purchase of library books and other published materials would be impractical, would cause unnecessary expense or delay, and would be unlikely to result in a lower price pursuant to Town Code Section 2.50.130(b)(3); waive the formal bidding requirement; and authorize the Library Department to purchase library books and other published materials from Ingram during Fiscal Year 2026–27 in an aggregate amount not to exceed $132,800.
FISCAL IMPACT:
The recommended action authorizes expenditures of up to $132,800 for the purchase of library books and materials from Ingram. Sufficient funds are included in the FY 2026–27 Library budget to fully cover the anticipated purchase amounts. No additional appropriation or budget adjustment is required.
STRATEGIC PRIORITY:
This item is not directly related to a strategic priority.
BACKGROUND:
The Library purchases books, media, and other published materials from multiple vendors.
ITEM NO. 6.
PAGE 2 OF 3
SUBJECT: Library Book Vendor Ingram Purchase Order
DATE: August 4, 2026
Vendor selection for each purchase is based on price, availability, anticipated delivery time, and the vendor’s ability to fulfill the Library’s specific requirements. Prices and available inventory vary by title and may change frequently.
The Town’s purchasing requirements ordinarily require formal competitive bidding for purchases exceeding the applicable bidding threshold. Town Code Section 2.50.130(b)(3) permits the Town Council to waive formal bidding when bidding would be impractical, would cause unnecessary expense or delay, or would be unlikely to result in a lower price.
Because the Library purchases many individual titles throughout the fiscal year, and because the price and availability of each title may vary among vendors at the time of purchase, a single formal bid process would not provide a practical or reliable means of identifying the lowest available price for each transaction. Staff therefore recommends that the Town Council make the findings stated in the Recommendation and waive formal bidding for purchases from Ingram during Fiscal Year 2026–27.
DISCUSSION:
Ingram is a distributor of books and other published materials obtained from major publishers.
The Library has previously used Ingram as one of several vendors to obtain materials based on available pricing, inventory, and fulfillment capacity. The Library anticipates purchasing a greater volume of materials from Ingram during Fiscal Year 2026–27 because of changes in the library materials distribution market and Ingram’s current inventory and fulfillment capacity.
The Library anticipates aggregate purchases from Ingram of up to $132,800 during Fiscal Year 2026–27. Because the anticipated aggregate amount exceeds $100,000, Town Council authorization is required under the Town’s Purchasing Policy.
Formal bidding is not well suited to these purchases because the Library will not acquire a single fixed quantity of standardized items at one time. Instead, the Library will place individual orders for different titles throughout the fiscal year as community demand, pricing, and inventory change. A formal bid conducted before the fiscal year would not reliably establish which vendor will offer the best available price or have the required titles available when each order is placed.
Library staff will compare pricing, availability, delivery time, and fulfillment capability among available Library vendors when practicable. Authorization of the proposed aggregate amount does not require the Library to purchase exclusively from Ingram and does not guarantee Ingram a minimum purchase amount. Purchases will be made from Ingram only when staff determines that Ingram provides the preferred combination of price, availability, delivery, and fulfillment capability for the materials being ordered.
ITEM NO. 6.
PAGE 3 OF 3
SUBJECT: Library Book Vendor Ingram Purchase Order
DATE: August 4, 2026
Approval of the recommended action will authorize purchases from Ingram during Fiscal Year 2026–27 in an aggregate amount not to exceed $132,800. Any proposed purchases exceeding that amount will require additional authorization in accordance with the Town’s Purchasing Policy.
ALTERNATIVES:
1. Decline to waive formal bidding or authorize purchases from Ingram. Under this alternative, the Library would purchase materials from other available vendors within existing purchasing authority. This could reduce access to some titles or result in higher prices or longer fulfillment times.
2. Authorize purchases from Ingram in an amount lower than $132,800. Staff would return to the Town Council for additional authorization if purchases were expected to exceed the amount approved.
3. Direct staff to conduct a formal competitive procurement. Staff does not recommend this alternative because the specific titles, quantities, prices, and vendor inventories change throughout the fiscal year, which would limit the usefulness of a traditional bid process.
CONCLUSION:
Approval of the recommended action will enable the Library to continue acquiring books and other published materials from Ingram to meet community demand while utilizing a costeffective purchasing source. This action complies with the Town's Purchasing Policy and is supported by sufficient budgeted funds. Staff recommends that the Town Council authorize the proposed purchase.
COORDINATION:
This report was prepared in coordination with the Finance Department.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ITEM NO. 6.
PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, 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: 08/04/2026
ITEM NO: 7
DATE: July 24, 2026
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Authorize the Town Manager to Execute a Fifth Amendment to the Contract for Legal Services with the Law Firm of Atchison, Barisone & Condotti to Increase the Contract Amount by $10,000 in an Amount Not to Exceed $350,000 for Services Provided During the Contract Term of December 2022 through June 30, 2026
RECOMMENDATION: Authorize the Town Manager to execute a fifth amendment to the contract for legal services with the law firm of Atchison, Barisone & Condotti to increase the contract amount by $10,000 from $340,000 to a cumulative contract amount not to exceed $350,000 for the entire contract term beginning in December 2022 and ending June 30, 2026.
FISCAL IMPACT:
Funding for these services is included in the 2025-26 adopted budget in account 1111301- 63215, and the available budget is sufficient to cover the $10,000 increase. Therefore, the Town Attorney’s office is not seeking a budget adjustment at this time. The proposed increase does not represent a one-year expenditure. The requested not-to-exceed amount of $350,000 represents the cumulative contract authorization amount for the entire contract term from December 2022 through June 30, 2026.
STRATEGIC PRIORITY:
This item does not directly support a Strategic Priority but does align with the Core Goal of Good Governance.
ITEM NO. 7.
PAGE 2 OF 3
SUBJECT: Fifth Amendment to the Atchison Barisone and Condotti Agreement DATE: August 4, 2026
BACKGROUND:
In December 2022, the Town Attorney's Office entered into an agreement with the law firm of Atchison, Barisone & Condotti to provide on-call legal services.
In March 2024, the Town Attorney's Office entered into a first amendment to the agreement with the law firm of Atchison, Barisone & Condotti for a total contract not to exceed $150,000.
In December 2024, the Town Attorney's Office entered into a second amendment to the agreement with the law firm of Atchison, Barisone & Condotti for a total contract not to exceed $250,000.
In January 2026, the Town Attorney's Office entered into a third amendment to the agreement with the law firm of Atchison, Barisone & Condotti for a total contract not to exceed $300,000.
In June 2026, the Town Attorney's Office entered into a fourth amendment to the agreement with the law firm of Atchison, Barisone & Condotti for a total contract not to exceed $340,000.
The Town Attorney’s Office is seeking Town Council approval of a fifth amendment to the existing contract in the amount of $10,000, increasing the cumulative contract authorization from $340,000 to a total amount not to exceed $350,000 through June 30, 2026, which covers three and one-half years of services. The proposed $350,000 amount is not an annual contract amount or annual expenditure authorization; rather, it represents the aggregate not-to-exceed amount authorized for all legal services provided under the agreement and its amendments during the period from December 2022 through June 30, 2026. This is a “single source” procurement because this firm specializes in municipal law issues, is based locally, and is familiar with current legal issues in Santa Clara County.
DISCUSSION:
The proposed contract amendment will fund the June 2026 invoice for additional legal services, which included assistance to the Town with a pending planning application for a CUP modification.
CONCLUSION:
The Town Attorney’s Office recommends approval of the contract amendment due to the firm’s expertise in municipal law and the need for additional support.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ITEM NO. 7.
PAGE 3 OF 3
SUBJECT: Fifth Amendment to the Atchison Barisone and Condotti Agreement DATE: August 4, 2026
Attachments:
1. Fifth Amendment to Agreement
2. First, Second, Third, and Fourth Amendments to the Agreement and Original Agreement
ITEM NO. 7.
Fifth Amendment to Consultant Services Agreement with Atchison, Barisone & Condotti, LLP Fifth Amendment to Atchison Barisone & Condotti On-Call Municipal Law Services Agreement Page 1
FIFTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN TOWN OF LOS GATOS AND ATCHISON, BARISONE & CONDOTTI, LLP THIS FIFTH AMENDMENT (“Fifth Amendment”), effective as of June 1, 2026, (“effective date”) to the AGREEMENT FOR CONSULTANT SERVICES dated December 7, 2022, is made by and between the TOWN OF LOS GATOS (“Town”) and ATCHISON, BARISONE, & CONDOTTI, LLP, formerly known as ATCHISON, BARISONE, & CONDOTTI, APC and is a successor-in-interest thereto (“Consultant”). Town and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”
RECITALS
WHEREAS, Town and Consultant have previously entered into that certain Consultant Services Agreement (“Agreement”) dated December 7, 2022 for on-call legal services with an expiration date of December 31, 2025, incorporated herein by this reference; and WHEREAS, on March 1, 2024, Town and Consultant entered into a First Amendment to the Agreement to specify that services would not exceed the cost of $150,000 during the term of the Agreement, and to amend the conflict of interest clause.
WHEREAS, on December 10, 2024, Town and Consultant entered into a Second Amendment to the Agreement to revise the budget for legal services to add another $100,000 to the prior budget amount, for a total of $250,000.
WHEREAS, on January 1, 2026, Town and Consultant entered into a Third Amendment to the Agreement to revise the budget for legal services to add another $50,000 to the prior budget amount, for a total of $300,000 and extended the term of the Agreement to June 30, 2026.
WHEREAS, on June 1, 2026, Town and Consultant entered into a Fourth Amendment to the Agreement to revise the budget for legal services to add another $40,000 to the prior budget amount, for a total of $340,000.
WHEREAS, Town and Consultant agree to enter into this Fifth Amendment to the Agreement to revise the budget for legal services to add another $10,000 to the prior budget amount, for a total of $350,000 until June 30, 2026.
AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and the Parties agree to the following:
1. Section 2.6 “Compensation” of the Agreement is hereby amended to replace the last sentence in this section from the Fourth Amendment, with the following:
“2.6. Compensation.
ATTACHMENT 1
ITEM NO. 7.
Fifth Amendment to Consultant Services Agreement with Atchison, Barisone & Condotti, LLP Fifth Amendment to Atchison Barisone & Condotti On-Call Municipal Law Services Agreement Page 2 “Payment for legal services shall not exceed an additional $10,000, totaling $350,000 for Consultant’s on-call legal services until June 30, 2026.”
2. Except as amended by this Fifth Amendment, all other applicable terms and conditions of the original and prior amendments shall remain in full force and effect, and shall apply to Consultant, as successor-in-interest to Atchison, Barisone & Condotti, APC. The terms of this Fifth Amendment shall control if any conflict exists.
3. Each party acknowledges that it has reviewed this Fifth Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Fifth Amendment.
4. The unenforceability, invalidity or illegality of any provision(s) of this Fifth Amendment shall not render the other provisions unenforceable, invalid or illegal.
5. The Parties may execute this Fifth Amendment in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
6. The signatories to this Fifth Amendment warrant and represent that each is authorized to execute this Fifth Amendment and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Fifth Amendment.
IN WITNESS WHEREOF, the Town and the Consultant have executed this Fifth Amendment effective as of the date first written above.
Approved As To Form:
By: _____________________________ Date: _______________________ Gabrielle Whelan, Town Attorney
CONSULTANT – ATCHISON, BARISONE & CONDOTTI, LLP
By: ____________________________ Date: _________________________ Barbara H. Choi, Partner
TOWN OF LOS GATOS
By: _____________________________ Date: _________________________ Chris Constantin, Town Manager
ITEM NO. 7.
Fourth Amendment to Consultant Services Agreement with Atchison, Barisone & Condotti, LLP Fourth Amendment to Atchison Barisone & Condotti On-Call Municipal Law Services Agreement Page 1
FOURTH AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN TOWN OF LOS GATOS AND ATCHISON, BARISONE & CONDOTTI, LLP THIS FOURTH AMENDMENT (“Fourth Amendment”), effective as of June 1, 2026, (“effective date”) to the AGREEMENT FOR CONSULTANT SERVICES dated December 7, 2022, is made by and between the TOWN OF LOS GATOS (“Town”) and ATCHISON, BARISONE, & CONDOTTI, LLP, formerly known as ATCHISON, BARISONE, & CONDOTTI, APC and is a successor-in-interest thereto (“Consultant”). Town and Consultant may be referred to individually as a “Party” and collectively, as the “Parties.”
RECITALS
WHEREAS, Town and Consultant have previously entered into that certain Consultant Services Agreement (“Agreement”) dated December 7, 2022 for on-call legal services with an expiration date of December 31, 2025, incorporated herein by this reference; and WHEREAS, on March 1, 2024, Town and Consultant entered into a First Amendment to the Agreement to specify that services would not exceed the cost of $150,000 during the term of the Agreement, and to amend the conflict of interest clause.
WHEREAS, on December 10, 2024, Town and Consultant entered into a Second Amendment to the Agreement to revise the budget for legal services to add another $100,000 to the prior budget amount, for a total of $250,000.
WHEREAS, on January 1, 2026, Town and Consultant entered into a Third Amendment to the Agreement to revise the budget for legal services to add another $50,000 to the prior budget amount, for a total of $300,000 and extended the term of the Agreement to June 30, 2026.
WHEREAS, Town and Consultant agree to enter into this Fourth Amendment to the Agreement to revise the budget for legal services to add another $40,000 to the prior budget amount, for a total of $340,000 until June 30, 2026.
AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and the Parties agree to the following:
1. Section 2.6 “Compensation” of the Agreement is hereby amended to replace the last sentence in this section from the Third Amendment, with the following:
“2.6. Compensation.
“Payment for legal services shall not exceed an additional $40,000, totaling $340,000 for Consultant’s on-call legal services until June 30, 2026.”
2. Except as amended by this Fourth Amendment, all other applicable terms and conditions of the original and prior amendments shall remain in full force and effect, and shall apply to Consultant, as ATTACHMENT 2
Docusign Envelope ID: DAD5B8FE-B39D-8C17-801B-90A116D61713
ITEM NO. 7.
Fourth Amendment to Consultant Services Agreement with Atchison, Barisone & Condotti, LLP Fourth Amendment to Atchison Barisone & Condotti On-Call Municipal Law Services Agreement Page 2 successor-in-interest to Atchison, Barisone & Condotti, APC. The terms of this Fourth Amendment shall control if any conflict exists.
3. Each party acknowledges that it has reviewed this Fourth Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Third Amendment.
4. The unenforceability, invalidity or illegality of any provision(s) of this Fourth Amendment shall not render the other provisions unenforceable, invalid or illegal.
5. The Parties may execute this Fourth Amendment in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party’s signature shall be accepted and valid as an original.
6. The signatories to this Fourth Amendment warrant and represent that each is authorized to execute this Fourth Amendment and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Fourth Amendment.
IN WITNESS WHEREOF, the Town and the Consultant have executed this Fourth Amendment effective as of the date first written above.
Approved As To Form:
By: _____________________________ Date: _______________________ Gabrielle Whelan, Town Attorney
CONSULTANT – ATCHISON, BARISONE & CONDOTTI, LLP
By: ____________________________ Date: _________________________ Barbara H. Choi, Partner
TOWN OF LOS GATOS
By: _____________________________ Date: _________________________ Chris Constantin, Town Manager
Docusign Envelope ID: DAD5B8FE-B39D-8C17-801B-90A116D61713 6/30/2026
6/30/2026
6/30/2026
ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 40B3- 8B70- C2CF9CDFBOC6 Third Amendment to Consultant Services Agreement with Atchison, Barisone& Condotti, APC
THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN TOWN OF LOS GATOS AND ATCHISON, BARISONE& CONDOTTI, LLP THIS THIRD AMENDMENT(" Second Amendment"), effective as of January 1, 2026, effective date") to the AGREEMENT FOR CONSULTANT SERVICES dated December 7, 2022, is made by and between the TOWN OF LOS GATOS (" Town") and ATCHISON, BARISONE, & CONDOTTI, LLP, formerly known as ATCHISON, BARISONE, & CONDOTTI, APC and is a successor- in-interest thereto (" Consultant"). Town and Consultant may be referred to individually as a Party" and collectively, as the " Parties."
RECITALS
WHEREAS, Town and Consultant have previously entered into that certain Consultant Services Agreement(" Agreement") dated December 7, 2022 for on- call legal services with an expiration date of December 31, 2025, incorporated herein by this reference; and WHEREAS, on March 1, 2024, Town and Consultant entered into a First Amendment to the Agreement to specify that services would not exceed the cost of$ 150, 000 during the term of the Agreement, and to amend the conflict of interest clause.
WHEREAS, on December 10, 2024, Town and Consultant entered into this Second Amendment to the Agreement to revise the budget for legal services to add another $ 100, 000 to the prior budget amount, for a total of$ 250, 000.
WHEREAS, Town and Consultant agree to enter into this Third Amendment to the Agreement to extend the term of the Agreement to June 30, 2026, and to agree to an updated compensation rate schedule, as specified herein.
AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and the Parties agree to the following:
1. Section 2. 2 " Term and Time of Performance" ofthe Agreement is hereby amended to extend the term to June 30, 2026.
2. Section 2. 6 " Compensation" of the Agreement is hereby amended by replacing the prior language with the following:
2. 6. Compensation.
Town will be responsible for payment to Consultant for on- call legal services at the rates set forth in Exhibit A.
Payment for legal services shall not exceed an additional $ 50, 000, totaling $300, 000 for Consultant' s on- call legal services until June 30, 2026." Third Amendment to Atchison Barisone& Condotti On- Call Municipal Law Services Agreement Page 1 ATTACHMENT 2
Docusign Envelope ID: DAD5B8FE-B39D-8C17-801B-90A116D61713
ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 40B3- 8B70- C2CF9CDFBOC6 Third Amendment to Consultant Services Agreement with Atchison, Barisone& Condotti, APC
3. Except as amended by this Third Amendment, all other applicable terms and conditions of the original and prior amendments shall remain in full force and effect, and shall apply to Consultant, as successor- in-interest to Atchison, Barisone & Condotti, APC. The terms of this Third Amendment shall control if any conflict exists.
4. Each party acknowledges that it has reviewed this Second Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Third Amendment.
5. The unenforceability, invalidity or illegality of any provision( s) of this Third Amendment shall not render the other provisions unenforceable, invalid or illegal.
6. The Parties may execute this Third Amendment in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party' s signature shall be accepted and valid as an original.
7. The signatories to this Third Amendment warrant and represent that each is authorized to execute this Third Amendment and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Third Amendment.
IN WITNESS WHEREOF, the Town and the Consultant have executed this Third Amendment effective as of the date first written above.
Appr vgil,, , To Form:
Brv t,. t' t' ktiettA, Date: 1/ 30/ 2026
y
EFU6 38AS
Gabrielle Whelan, Town Attorney
CONS 1 TDkl' gneA ' CHISON, BARISONE& CONDOTTI, LLP
By: Date: 1/ 28/ 2026
4U t49 4 427,..
Barbara j oi, Partner
TO WeIHQS GATOS
B (,&, rs Comfodivt, Date: 2/ 2/ 2026
y
3 FU3F 3LF' CE-428.,
Chris Constantin, Town Manager
Third Amendment to Atchison Barisone& Condotti On- Call Municipal Law Services Agreement Page 2 Docusign Envelope ID: DAD5B8FE-B39D-8C17-801B-90A116D61713
ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 40B3- 8B70- C2CF9CDFBOC6
EXHIBIT A
ANTHONY P. CONDOTTI
ATCHISON, BARISONE& CONDOTTI KAYLEN R. ANDERSON
BARBARA H. CHOI
a
ALEX V. AVAKIANTZ
CATHERINE M. BRONSON STEPHANIE M. DUCK
ALEX C. GEISE
STEPHANIE Y. HALL
OF COUNSEL CLAIRE D. HARD
JOHN G. BARISONE 10 litti11 JENNEEN E.
SAMUEL L.
KIRA J. PETERSEN
ESTABLISHED IN 1964 VICTORIA K. THOMPSON
ATCHISON, BARISONE & CONDOTTI ASHILAUREUW° is
PO BOX 481, SANTA CRUZ, CALIFORNIA 95061- 0481
P: 831- 423- 8383; F: 831- 576- 2269
ABC LAW Rate Schedule( Effective Jan. 1, 2026)
Partners/ Senior Associates 400/ hr
Junior Associates 350/ hr
Law Fellows 300/ hr
Paralegal/ Law Clerk 275/ hr
Legal Administrative Staff 150/ hr
Legal Services will be charged in increments of one- tenth( 1/ 10) of an hour.
Town agrees to pay Consultant annual increases to the above rates, which shall apply automatically annually on or after January 1st ofthe year following the effective date ofthis Agreement, and are in accordance with the change in the San Francisco Bay Area Consumer Price Index for All Urban Consumers ( CPI-U) for the prior twelve ( 12) month period.
Other than the annual CPI increase, Consultant may increase the hourly rate or costs being charged to Town with prior written notice of the increase to Town.
In addition to paying legal fees, Town shall reimburse Attorney for all costs and expenses incurred relating to the legal services, including but not limited to fees fixed by law or assessed by public agencies, long distance telephone calls, messenger and other delivery fees, postage, in- office photocopying ( noncolor at$ 0. 50 per page; color at$ 1. 00 per page), scans at $ 0. 50 per page, fax services at $ 2. 00 per page, investigation expenses, consultant fees, parking, mileage ( IRS rates), and other similar items. Town authorizes Consultant to incur all reasonable costs and to hire any investigators or consultants, reasonably necessary in Consultant' s judgment, except that Consultant shall obtain Town' s consent before doing so, which will not be unreasonably withheld.
Docusign Envelope ID: DAD5B8FE-B39D-8C17-801B-90A116D61713
ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 10B3- 8B70- C2CF9CDFBOC6 Second Amendment to Consultant Services Agreement with Atchison, Barisone& Condotti, APC
SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN TOWN OF LOS GATOS AND ATCHISON, BARISONE& CONDOTTI, APC THIS SECOND AMENDMENT(" Second Amendment"), effective as of December 10 2024, (" effective date") to the AGREEMENT FOR CONSULTANT SERVICES dated December 7, 2022, is made by and between the TOWN OF LOS GATOS (" Town") and ATCHISON, BARISONE, & CONDOTTI, APC (" Consultant"). Town and Consultant may be referred to individually as a" Party" and collectively, as the " Parties."
RECITALS
WHEREAS, Town and Consultant have previously entered into that certain Consultant Services Agreement(" Agreement") dated December 7, 2022, incorporated herein by this reference; and WHEREAS, on March 1, 2024, Town and Consultant entered into a First Amendment to the Agreement to specify that services would not exceed the cost of$150, 000 during the term ofthe Agreement, which expires on December 31, 2025, and to amend the conflict of interest clause.
WHEREAS, Town and Consultant agree to enter into this Second Amendment to the Agreement to revise the budget for legal services to add another $ 100,000 to the prior budget amount, as specified herein.
AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and the Parties agree to the following:
1. Section 2. 6 " Compensation" ofthe Agreement is hereby amended to replace the last sentence in this section from the First Amendment, with the following:
Payment for legal services shall not exceed an additional $ 100, 000 for a total budget of 250, 000 for Consultant' s on- call legal services until December 31, 2025."
2. Except as amended by this Second Amendment, all other applicable terms and conditions ofthe original and First Amendment to the Agreement, and annual fee adjustments shall remain in full force and effect. The terms ofthis Second Amendment shall control if any conflict exists.
3. Each party acknowledges that it has reviewed this Second Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation ofthis Second Amendment.
4. The unenforceability, invalidity or illegality of any provision( s) ofthis Second Amendment shall not render the other provisions unenforceable, invalid or illegal.
5. The Parties may execute this Second Amendment in two or more counterparts, which shall, in the aggregate, be deemed an original but all ofwhich, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party' s signature shall be accepted and valid as an original.
ATTACHMENT 1
Docusign Envelope ID: DAD5B8FE-B39D-8C17-801B-90A116D61713
ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 40B3- 8B70- C2CF9CDFBOC6
6. The signatories to this Second Amendment warrant and represent that each is authorized to execute this Second Amendment and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Second Amendment.
IN WITNESS WHEREOF, the Town and the Consultant have executed this Second Amendment effective as of the date first written above.
Apprpve4 b ' o Form:
B
AtiVitlitkattin, Date:
12/ 16/ 2024
y
EFD-67" 87X553Z428...
Gabrielle Whelan, Town Attorney
CON re .. ned. TCHISON, BARISONE& CONDOTTI, APC
By:
it
Date:
12/ 12/ 2024
6-9F-9$ FEC36914D9...
theminVdbcondotti, President
By: Date: 12/ 11/ 2024y 4D749A214F r427...
Barbara H. Choi, Treasurer
TO J,,QS GATOS
B
S C6IA. StetiAlitn,
D
12/ 16/ 2024
y. E-FG3-r232F-1 B428...
ate'
Chris Constantin, Town Manager
Docusign Envelope ID: DAD5B8FE-B39D-8C17-801B-90A116D61713
ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 10B3- 8B70- C2CF9CDFBOC6 First Amendment to Consultant Services Agreement with Atchison, Barisone& Condotti, APC
FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT
BETWEEN TOWN OF LOS GATOS AND ATCHISON, BARISONE& CONDOTTI, APC THIS FIRST AMENDMENT(" First Amendment"), effective as of March 1, 2024, (" effective date") to the AGREEMENT FOR CONSULTANT SERVICES dated December 7, 2022, is made by and between the TOWN OF LOS GATOS (" Town") and ATCHISON, BARISONE,& CONDOTTI, APC Consultant"). Town and Consultant may be referred to individually as a" Party" and collectively, as the " Parties."
RECITALS
WHEREAS, Town and Consultant have previously entered into that certain Consultant Services Agreement(" Agreement") dated December 7, 2022, incorporated herein by this reference; and WHEREAS, Town and Consultant agree to enter into this First Amendment to the Agreement, as specified herein.
AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Agreement is hereby amended as follows:
1. Section 2. 6 " Compensation" ofthe Agreement is hereby amended to add at the end ofthe this section, the following:
Payment for legal services shall not exceed $ 150, 000 in total."
2. Section 2. 11 ofthe Agreement is hereby deleted and replaced by the following:
2. 11 Conflict ofInterest. 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 which may create conflicts of interest between Consultant and the Town. Should any such conflict develop, despite efforts to avoid conflicts between Town and any of Consultant' s other clients, then Consultant and its attorneys will immediately notify the Town and appropriate measures will be agreed upon, consistent with Consultant' s attorneys' professional ethical obligations. The Town acknowledges that in the event of a conflict of interest, the Town will agree to allow Consultant to withdraw from representing the Town in the matter which poses a conflict of interest, such that Consultant may continue its legal representation of Consultant' s other clients, in accordance with applicable code of ethics rules." Except as amended by this First Amendment, all other applicable terms and conditions ofthe original Agreement and annual fee adjustments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.
First Amendment to Atchison Barisone& Condotti On- Call Municipal Law Services Agreement Page 1 Docusign Envelope ID: DAD5B8FE-B39D-8C17-801B-90A116D61713
ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 40B3- 8B70- C2CF9CDFBOC6 First Amendment to Consultant Services Agreement with Atchison, Barisone& Condotti, APC Each party acknowledges that it has reviewed this First Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this First Amendment.
The unenforceability, invalidity or illegality of any provision( s) of this First Amendment shall not render the other provisions unenforceable, invalid or illegal.
The Parties may execute this First Amendment in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party' s signature shall be accepted and valid as an original.
The signatories to this First Amendment warrant and represent that each is authorized to execute this First Amendment and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this First Amendment.
IN WITNESS WHEREOF, the Town and the Consultant have executed this First Amendment effective as of the date first written above.
Approved. JsgneToby:Form:
ocu i
By: UOuti Date:
4/ 15/ 2024
EFD6738A5534428...
Gabrielle Whelan, Town Attorney
CoN T
iTa t1a 4TCHISON, BARISONE& CONDOTTI, APC
B : Q b 1/ Cbv" Date:
4/ 9/ 2024
y
A own b :ondotti, President
By: Date: 4/ 9/ 2024
C artarai-YFLnoi, Treasurer
TO u V , lATOS
B
p ry i
Date:
4/ 15/ 2024
y 853FE- EEB39474...
Laurel Prevetti, Town Manager
First Amendment to Atchison Barisone& Condotti On- Call Municipal Law Services Agreement Page 2 Docusign Envelope ID: DAD5B8FE-B39D-8C17-801B-90A116D61713
ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 10B3- 8B70- C2CF9CDFBOC6
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on December 7, 2022 by and between TOWN OF LOS GATOS, a California municipal corporation, (" Town") and Atchison, Barisone and Condotti , a Professional Corporation (" Consultant"), whose address is P. O Box 481, Santa Cruz, CA 95061.
This Agreement is made with reference to the following facts.
I. RECITALS
1. 1 The Town desire to engage Consultant to review the Town' s existing Independent Police Auditor Function Policy, recommend updates, and provide services to be performed for on- call municipal law services.
1. 2 The Consultant represents and affirms that it is willing to perform the desired work pursuant to this Agreement.
1. 3 Consultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II. AGREEMENTS
2. 1 Scope of Services. Consultant shall provide the services described as on--call municipal law services. All direction and approval of Consultant' s work for Town shall be by the Office of the Town Attorney.
2. 2 Term and Time of Performance. This Agreement will remain in effect from December 7, 2022 to December 31, 2025. Town also agrees to pay Consultant for services performed by Consultant at the request of the Town prior to the effective date of this Agreement.
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 Atchison, Barisone and Condotti APC- On- Call Municipal Law Services Agreement Page 1 of 7 Docusign Envelope ID: DAD5B8FE-B39D-8C17-801B-90A116D61713
ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 40B3- 8B70- C2CF9CDFBOC6 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 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 Consultant in connection with other projects shall be solely at Town' s risk, unless Consultant expressly consents to such use in writing. Town further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant.
2. 6 Compensation. Compensation for Consultant' s professional services shall not exceed 325/ hr for shareholders/ senior associates, $ 300/ hr for midlevel associates, $ 275/ hr for junior associates, $ 200/ hr for paralegal/ law clerk, $ 125/ hr for admin staff, inclusive of all costs. Payment shall be based upon Town approval of each task.
Legal services shall be charged in increments of 1/ 10 of an hour ( i. e., six- minute units).
On or after January 1 of each year commencing in 2024, Consultant may adjust the rates and fees specified herein in accordance with the change in the San Francisco Bay Area Consumer Price Index for All Urban Consumers ( CPI- U) for the prior twelve month period provided, however, that Consultant shall provide Town with no less than thirty (30) days advance written notice prior to the effective date of such adjustment.
In addition to paying legal fees, Town shall reimburse Consultant for all costs and expenses incurred relating to the legal services, including but not limited to fees fixed by law or assessed by public agencies, long distance telephone calls, messenger and other delivery fees, postage, in- office photocopying ( noncolor at $ 0. 25 per page; color at$. 50 per page), scans at$ 0. 20 per page, fax services at $ 1. 00 per page, investigation expenses, third- party consultant fees, parking, mileage ( IRS rates), and other similar items. Town authorizes Consultant to incur all reasonable costs and to hire any investigators or third- party consultants, reasonably necessary in Consultant' s judgment, except that Consultant shall obtain Town' s consent before doing so, which will not be unreasonably withheld.
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:
Atchison, Barisone and Condotti APC- On- Call Municipal Law Services Agreement Page 2 of 7 Docusign Envelope ID: DAD5B8FE-B39D-8C17-801B-90A116D61713
ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 40B3- 8B70- C2CF9CDFBOC6 Invoices:
Town of Los Gatos
Attn: Town Attorney
110 E. Main Street
Los Gatos, CA 95030
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 Agreement 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.
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 performance ofthis 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 performance 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.
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ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 40B3- 8B70- C2CF9CDFBOC6
2. 12 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.
2. 13 Business License. Consultant agrees to have and maintain, for the duration of the Agreement, a valid, Town issued business license.
III. INSURANCE AND INDEMNIFICATION
3. 1 Minimum Scope of Insurance:
Consultant agrees to have and maintain, for the duration of the Agreement, General Liability insurance policies insuring him/ her and his/ her firm 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. ii. Consultant agrees to have and maintain for the duration of the Agreement, 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. iii. 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.
iv. Consultant agrees to have and maintain, for the duration of the Agreement, professional liability insurance in amounts not less than $2, 000,000 which is sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement.
General Liability:
The Town, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed 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 errors and omissions.
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ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 40B3- 8B70- C2CF9CDFBOC6 ii. The Consultant' s insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the Town, its officers, officials, employees or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it.
Hi. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees or volunteers.
iv. 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. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law and shall provide evidence of such policy to the Town before beginning services under this Agreement. Further, 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.
IV. GENERAL TERMS
4. 1 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.
Atchison, Barisone and Condotti APC- On- Call Municipal Law Services Agreement Page 5 of 7 Docusign Envelope ID: DAD5B8FE-B39D-8C17-801B-90A116D61713
ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 40B3- 8B70- C2CF9CDFBOC6
4. 3 Termination of Agreement. The Town and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen days ( 15) written notice of termination. 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 termination.
4. 4 Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing 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:
Town of Los Gatos Atchison, Barisone and Condotti APC
Attn: Town Clerk Attn: Jennifer Quek
110 E. Main Street P. O. Box 481
Los Gatos, CA 95030 Santa Cruz, CA 95061
or personally delivered to Consultant to such address or such other address as Consultant designates in writing to Town.
4. 7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the terms and conditions of this Agreement in respect of the Products or Services and any attachments to this Agreement, then the terms and conditions of this Agreement shall prevail over attachments or other writings.
4. 8 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and exclusive statement of the Agreement between the Town and Consultant. No terms, 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.
4. 9 Counterparts. The parties may execute this Agreement in counterparts, which, together, shall constitute one and the same instrument. Electronic, scanned pdf, and facsimile signatures shall be accepted as an original. A copy of this Agreement is valid as the original.
Atchison, Barisone and Condotti APC- On- Call Municipal Law Services Agreement Page 6 of 7 Docusign Envelope ID: DAD5B8FE-B39D-8C17-801B-90A116D61713
ITEM NO. 7.
Docusign Envelope ID: 0C671978- 710D- 40B3- 8B70- C2CF9CDFBOC6 IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
DocuSigned by:
lu&&bUU1 ( 1Ut,4,bftt 12/ 9/ 2022
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Anthony P. Condotti, President Date
Atchison, Barisone & Condotti
DocuSigned by:
6/410.Off
12/ 9/ 2022
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Barbara H. Choi, Treasurer Date
Atchison, Barisone & Condotti
Approved:
TOWN OF LOS GATOS
DocuSigned by:
AU ra frc
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Laurel Prevetti, Town Manager
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ITEM NO. 7.
PREPARED BY: Eric Lemon
Finance & Accounting Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/04/2026
ITEM NO: 8
DATE: August 4, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve the Revisions to the Town’s Investment Policy as Recommended by the Finance Commission
RECOMMENDATION: Approve the revisions to the Town’s Investment Policy as recommended by the Finance Commission.
FISCAL IMPACT:
This report has no fiscal impact.
STRATEGIC PRIORITY:
This item is not strategic priority; however, it aligns with the Town’s Core Goals of Good Governance and Fiscal Stability by ensuring an annual review of the investment policy.
BACKGROUND:
The Investment Policy established the investment scope, objectives, delegation of authority, standards of prudence, reporting requirements, internal controls, State mandated eligible investments, transactions, diversification requirements, risk tolerance, and safekeeping and custodial procedures for the investment of the operating funds of the Town. All Town funds are invested and/or will be invested in accordance with the Investment Policy and with applicable sections of the California Government Code.
The Investment Policy is reviewed on annual basis, and the following changes have been made in the last three years:
ITEM NO. 8.
PAGE 2 OF 3
SUBJECT: Investment Policy Review
DATE: August 4, 2026
Finance Commission last reviewed the Investment Policy in March 2025, with Council adoption in the same month, adding language to the medium term note section. In March of 2024, the Finance Commission and Council reviewed the policy with no recommended changes.
In February 2023, the Town’s Investment Policy for its operating portfolio was reviewed by the Finance Commission in February 2023 and adopted by the Council in February of 2023, changing the frequency of the reporting from quarterly to monthly to comply with California Government Code Section 41004 and adding references to Government Code Sections 53607 and 53646(b).
DISCUSSION:
Staff is recommending several minor edits to the Investment Policy in the Authorized Securities and Transactions, and Safekeeping and Custody Sections, based on recommendations from the Town's investment advisor, to provide additional clarity in the policy's descriptions. The proposed redlined edits are shown in Attachment 1 and summarized below.
Authorized Securities and Transactions
Prime Commercial Paper - Edits were made to update the maximum maturity period and add language clarifying that the required highest letter and number rating applies at the time of purchase.
Municipal & State Obligations – Edits were made to update the language regarding state obligations, the timing of credit ratings, and issuer references. Certificate of Deposit - Edits were made to add the phrase “at the time of purchase” to clarify that the senior debt obligations of the issuing institution must be rated at least “A” or the equivalent by a NRSRO when purchased.
B. Safekeeping and Custodial Procedures
Edits were made to add the phrase “or Custodial” to clarify that agreements may cover both safekeeping and custodial services.
The Finance Commission reviewed the edits at their June 8, 2026, regular meeting and recommended removing the changes made by the Town’s investment advisor to the competitive transactions section. The changes made by the Town’s investment advisor included removing the second paragraph entirely, and adding, “Whenever possible,” to the beginning of the second sentence in the first paragraph. The Town’s investment advisor did not have any concerns with the recommended change. Staff agreed with the Finance Commission’s recommendation.
CONCLUSION:
Staff recommends that the Town Council approve the recommended changes to the Town’s
ITEM NO. 8.
PAGE 3 OF 3
SUBJECT: Investment Policy Review
DATE: August 4, 2026
Investment Policy.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. Town Investment Policy-Redlined
ITEM NO. 8.
COUNCIL POLICY MANUAL
TITLE: Investment Policy POLICY NUMBER: 4-02
EFFECTIVE DATE: 11/1/16 PAGES: 8
ENABLING ACTIONS: 2016-063 REVISED DATES: 5/16/17;5/15/2018; 9/3/2019; 11/03/2020, 1/17/2023,
2/21/2023, 3/25/2025, XX/XX/2026
APPROVED:
PURPOSE
The Town of Los Gatos (the “Town”), incorporated in 1887, is located approximately 60 miles south of San Francisco, in the southwestern portion of Santa Clara County. The Town operates under the Council/Manager form of government. The Town Council is the legislative body for the Town. It has five members elected to serve staggered four year terms. The Town Manager is appointed by the Town Council.
The Town Council has adopted this Investment Policy in order to establish the investment scope, objectives, delegation of authority, standards of prudence, reporting requirements, internal controls, eligible investments and transactions, diversification requirements, risk tolerance, and safekeeping and custodial procedures for the investment of the funds of the Town. All Town funds will be invested in accordance with this Investment Policy and with applicable sections of the California Government Code 53607 and 53646(b).
This Investment Policy was originally adopted by the Town Council of the Town of Los Gatos on November 1, 2016. Town Council adopted revisions replace any previous investment policy or investment procedures of the Town.
SCOPE
This Investment Policy applies to all of the Town's short-term operating funds. These funds are described in the Town's annual financial report and include, but are not limited to:
General Fund
Special Revenue Funds
Capital Project Funds
Debt Service Funds
Enterprise Fund
Internal Service Funds
Fiduciary Funds ATTACHMENT 1
Small Town Service Community Stewardship Future Focus
ITEM NO. 8.
TITLE: Investment Policy
PAGE:
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POLICY NUMBER:
4-02
Specifically excluded from this Investment Policy are amounts which are held by a trustee or fiscal agent and pledged as payment or security for bonds or other indebtedness, obligations under a lease, or obligations under certificates of participation. Such funds are invested in accordance with statutory provisions, ordinance, resolution, or indenture governing the issuance of the obligations. In addition, this Investment Policy is not applicable to the Town's Deferred Compensation Plan. These investments are directed by each employee participant in accordance with the rules of the Deferred Compensation Plan.
POLICY
OBJECTIVES
The Town’s funds shall be invested in accordance with all applicable Town policies and codes, State statutes, and Federal regulations, and in a manner designed to accomplish the following objectives, which are listed in priority order:
1. Preservation of capital and protection of investment principal.
2. Maintenance of sufficient liquidity to meet anticipated cash flows.
3. Attainment of a market value rate of return.
4. Diversification to avoid incurring unreasonable market risks.
DELEGATION OF AUTHORITY
Management responsibility for the Town’s investment program is delegated annually by the Town Manager to the Town Treasurer/Finance Director (the “Treasurer”) pursuant to California Government Code Section 36510. The Treasurer may delegate the authority to conduct investment transactions and to manage the operation of the investment portfolio to other specifically authorized staff members. The Treasurer shall maintain a list of persons authorized to transact securities business for the Town. No person may engage in an investment transaction except as expressly provided under the terms of this Investment Policy.
The Treasurer shall develop written administrative procedures and internal controls, consistent with this Investment Policy, for the operation of the Town's investment program. Such procedures shall be designed to prevent losses arising from fraud, employee error, misrepresentation by third parties, or imprudent actions by employees.
The Town may engage the support services of outside investment advisors in regard to its investment program, so long as it can be demonstrated that these services produce a net financial advantage or necessary financial protection of the Town's financial resources.
PRUDENCE
The standard of prudence to be used for managing the Town's investments shall be California Government Code Section 53600.3, the prudent investor standard which states, “When
ITEM NO. 8.
TITLE: Investment Policy
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POLICY NUMBER:
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investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.” The Town's overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The Town recognizes that no investment is totally without risk and that the investment activities of the Town are a matter of public record.
Accordingly, the Town recognizes that occasional measured losses may occur in a diversified portfolio and shall be considered within the context of the overall portfolio's return, provided that adequate diversification has been implemented and that the sale of a security is in the best long-term interest of the Town.
The Treasurer and authorized investment personnel acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that the deviations from expectations are reported in a timely fashion to the Town Council and appropriate action is taken to control adverse developments.
ETHICS AND CONFLICTS OF INTEREST
Elected officials and Town employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or could impair or create the appearance of an impairment of their ability to make impartial investment decisions. Elected officials and Town employees shall disclose to the Town Council any business interests they have in financial institutions that conduct business with the Town and they shall subordinate their personal investment transactions to those of the Town. In addition, the Town Manager and the Treasurer shall file a Statement of Economic Interests each year pursuant to California Government Code Section 87203 and regulations of the Fair Political Practices Commission.
SOCIALLY RESPONSIBLE INVESTING
In addition to and subordinate to the objectives set forth above, investment of funds should be guided by the following socially responsible investment goals when investing in corporate securities and depository institutions. Investments shall be made in compliance with the responsible investment goals to the extent that such investments achieve substantially equivalent safety, liquidity and yield compared to other investments permitted by state law.
ITEM NO. 8.
TITLE: Investment Policy
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POLICY NUMBER:
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(1) Environmental, Social Responsibility and Governance Concerns Investments are encouraged in entities that support community well-being through safe and environmentally sound practices and fair labor practices. Investments are encouraged in entities that support equality of rights regardless of sex, race, age, disability or sexual orientation. All corporate securities within the portfolio will be monitored by an independent third-party who will provide the Town with an ESG (Environmental, Social Responsibility, and Governance) rating. The Town will prefer companies when appropriate that maintain a higher ESG rating as opposed to those companies that have a lower ESG Rating. (2) Community Investments
Investments are encouraged in entities that promote community economic development, and investments are discouraged in entities that finance high-cost check-cashing and deferred deposit (payday-lending) businesses. Investments are encouraged in entities that have a demonstrated involvement in the development or rehabilitation of low-income affordable housing and have a demonstrated commitment to reducing predatory mortgage lending and increasing the responsible servicing of mortgage loans. Securities investments are encouraged in financial institutions that have a Community Reinvestment Act (CRA) rating of either Satisfactory or Outstanding, as well as financial institutions that are designated as a Community Development Financial Institution (CDFI) by the United States Treasury Department, or otherwise demonstrate commitment to community economic development.
AUTHORIZED SECURITIES AND TRANSACTIONS
All investments and deposits of the Town shall be made in accordance with California Government Code Sections 16429.1, 53600-53609 and 53630-53686, except that pursuant to California Government Code Section 5903(e), proceeds of bonds and any moneys set aside or pledged to secure payment of the bonds may be invested in securities or obligations described in the ordinance, resolution, indenture, agreement, or other instrument providing for the issuance of the bonds. Any revisions or extensions of these code sections will be assumed to be part of this Investment Policy immediately upon being enacted. However, in the event that amendments to these sections conflict with this Investment Policy and past Town investment practices, the Town may delay adherence to the new requirements when it is deemed in the best interest of the Town to do so. In such instances, after consultation with the Town’s attorney, the Treasurer will present a recommended course of action to the Town Council for approval. All investment limits specified in the Policy are calculated at the time of investment.
The Town has further restricted the eligible types of securities and transactions as follows:
1. United States Treasury bills, notes, bonds, or certificates with a final maturity not exceeding five years from the date of trade settlement.
2. Federal Agency Obligations for which the faith and credit of the United States are pledged for the payment of principal and interest and which have a final maturity not exceeding five years from the date of trade settlement. There is no limit on the percentage of the
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portfolio that can be invested in this category, however, no more than 20% of the town’s total portfolio shall be invested in the combination of Government National Mortgage Association (GNMA), Federal National Mortgage Association (FNMA) and Federal Home Loan Mortgage Corporation (FHLMC) mortgage-backed securities.
3. Federal Instrumentality (government sponsored enterprise) debentures, discount notes, callable securities, step-up securities, and mortgage-backed securities (including FNMA and FHLMC) with a final maturity not exceeding five years from the date of trade settlement.
There is no limit on the percentage of the portfolio that can be invested in this category, however, no more than 20% of the town’s total portfolio shall be invested in the combination of GNMA, FNMA, and FHLMC mortgage-backed securities.
4. Prime Commercial Paper with a maturity not exceeding 270 397 days from the date of trade settlement with the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical-rating organization (NRSRO) at the time of purchase. The entity that issues the commercial paper shall meet all of the following conditions in either sub-paragraph A. or sub-paragraph B. below:
A. The entity shall (1) be organized and operating in the United States as a general corporation, (2) have total assets in excess of five hundred million dollars ($500,000,000) and (3) Have debt other than commercial paper, if any, that is rated “A” or higher by a NRSRO.
B. The entity shall (1) be organized within the United States as a special purpose corporation, trust, or limited liability company, (2) have program wide credit enhancements, including, but not limited to, over collateralization, letters of credit or surety bond and (3) have commercial paper that is rated “A-1” or higher, or the equivalent, by a NRSRO.
Purchases of eligible commercial paper shall not exceed:
10% of the outstanding commercial paper of any single corporate issuer, 5% of the Town’s total portfolio in the commercial paper of any one issuer, and 25% of the Town’s total portfolio.
5. Eligible Bankers Acceptances with a maturity not exceeding 180 days from the date of trade settlement, issued by a state or national bank with combined capital and surplus of at least $250 million, whose deposits are insured by the FDIC, and whose senior long-term debt is rated at least A or the equivalent by a NRSRO at the time of purchase. No more than 5% of the Town’s total portfolio shall be invested in banker’s acceptances of any one issuer, and the aggregate investment in banker’s acceptances shall not exceed 30% of the Town’s total portfolio.
ITEM NO. 8.
TITLE: Investment Policy
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POLICY NUMBER:
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6. Medium Term Notes (Corporate Notes) issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States, with a final maturity not exceeding five years from the date of trade settlement and rated at least “A” or the equivalent by a NRSRO at the time of the purchase. No more than 5% of the Town’s total portfolio shall be invested in the medium-term notes of any one issuer and the aggregate investment in medium-term notes shall not exceed 30% of the Town’s total portfolio.
7. Municipal & State Obligations:
A. Municipal bonds including registered notes or bonds of any of the 50 states, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the 50 states.
B. In addition, bonds, notes, warrants, or other evidences of indebtedness of any local agency in California, including bonds payable solely out of the revenues from a revenueproducing property owned, controlled, operated by the local agency, or by a department, board, agency, or authority of the local agency.
Municipal bonds and state obligations must be rated at least “A” or the equivalent by a NRSRO at the time of purchase with maturities not exceeding five years from the date of the trade settlement. No more than 5% of the Town’s total portfolio shall be invested in “A” rated bonds or in the bonds of any one municipalityissuer. In addition, the aggregate investment in municipal and state obligations bonds may not exceed 30% of the total portfolio.
8. Certificates of Deposit with a final maturity not exceeding five years from the date of trade settlement. The aggregate investment in certificates of deposit shall not exceed 30% of the Town’s portfolio, and no more than 5% of the portfolio shall be held in any one deposit or allocated to any one issuer. Certificates of Deposit shall be issued by a nationally or statechartered bank or a state or federal savings and loan association or by a state-licensed branch of a foreign bank or by a federally licensed branch of a foreign bank provided that the senior debt obligations of the issuing institution are rated at least “A” or the equivalent by a NRSRO at the time of purchase.
Negotiable certificates of deposit issued by a nationally or state-chartered bank, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposits are subject to the limitations of Section 53601(i), shall be fully insured by the FDIC with a corresponding FDIC certification number, and shall be delivered through the Depository Trust Company.
Non-Negotiable certificates of deposit issued by a nationally or state-chartered bank, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of non-negotiable
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certificates of deposit are subject to the limitations of Sections 53601(n) and 53638 and shall be fully insured by the FDIC with a corresponding FDIC certification number.
Private sector entities may be used to place certificates of deposit subject to the limitations of Section 53601.8.
9. State of California’s Local Agency Investment Fund (LAIF), pursuant to California Government Code Section 16429.1. The aggregate amount invested in LAIF shall not exceed the maximum allowed by the fund.
10. Money Market Funds registered under the Investment Company Act of 1940 that (1) are “no-load” (meaning no commission or fee shall be charged on purchases or sales of shares); (2) have a constant net asset value per share of $1.00; (3) invest only in government securities, and (4) have a rating of at least AAA or the equivalent by at least two NRSROs.
No more than 10% of the Town’s total portfolio shall be invested in money market funds of any one issuer, and the aggregate investment in money market funds shall not exceed 20% of the Town’s total portfolio.
Securities that have been downgraded to a level that is below the minimum ratings described herein may be sold or held at the Town’s discretion. The portfolio will be brought back into compliance with Investment Policy guidelines as soon as is practical.
The foregoing list of authorized securities and transactions shall be strictly interpreted. Any deviation from it must be preapproved by resolution of the Town Council.
PORTFOLIO MATURITIES AND LIQUIDITY
To the extent possible, investments shall be matched with anticipated cash flow requirements and known future liabilities. The Town will not invest in securities maturing more than five years from the date of trade settlement, unless the Town Council has by resolution granted authority to make such an investment at least three months prior to the date of investment.
SELECTION OF BROKER/DEALERS
The Treasurer shall maintain a list of broker/dealers approved for investment purposes, and it shall be the policy of the Town to purchase securities only from those authorized firms. To be eligible, a firm must meet at least one of the following criteria:
Be recognized as a Primary Dealer by the Federal Reserve Bank of New York or have a primary dealer within their holding company structure; or Report voluntarily to the Federal Reserve Bank of New York; or Qualify under Securities and Exchange Commission (SEC) Rule 15c3-1 (Uniform Net Capital Rule).
In addition, authorized broker/dealers must be licensed by the State of California as a broker/dealer as defined in Section 25004 of the California Corporations Code.
ITEM NO. 8.
TITLE: Investment Policy
PAGE:
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POLICY NUMBER:
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The Town may engage the services of investment advisory firms to assist in the management of the portfolio and investment advisors may utilize their own list of approved broker/dealers.
Such broker/dealers will comply with the selection criteria above and the list of approved firms shall be provided to the Town on an annual basis or upon request.
In the event that an external investment advisor is not used in the process of recommending a particular transaction in the Town’s portfolio, authorized broker/dealers shall attest in writing that they have received and reviewed a copy of the this Investment Policy and shall be required to submit and annually update a Town approved Broker/Dealer Information request form, which includes the firm’s most recent financial statements.
The Town may purchase commercial paper from direct issuers even though they are not on the approved broker/dealer list as long as they meet the criteria outlined in Item 4 of the Authorized Securities and Transactions section of this Investment Policy.
COMPETITIVE TRANSACTIONS
Each investment transaction shall be competitively transacted with authorized broker/dealers.
At least three broker/dealers shall be contacted for each transaction and their bid and offering prices shall be recorded.
If the Town is offered a security for which there is no other readily available competitive offering, the Treasurer will document quotations for comparable or alternative securities.
SELECTION OF BANKS
The Treasurer shall maintain a list of banks and savings banks approved to provide banking services for the Town. To be eligible, a bank must be a member of the Federal Deposit Insurance Corporation, must qualify as a depository of public funds in the State of California as defined in California Government Code Section 53630.5 and shall secure deposits in excess of FDIC coverage in accordance with California Government Code Section 53652.
Authorized banks that accept deposits from the Town shall meet high standards with regard to liquidity, asset quality, profitability and capital adequacy. The Treasurer shall utilize a commercial bank rating service to perform credit analysis on banks seeking authorization.
Banks that in the judgment of the Treasurer no longer offer adequate safety to the Town shall be removed from the Town’s list of authorized banks.
SAFEKEEPING AND CUSTODY
The Treasurer shall select one or more financial institutions to provide safekeeping and custodial services for the Town. A Safekeeping or Custodial Agreement shall be executed with each custodian bank prior to utilizing that bank's safekeeping services.
ITEM NO. 8.
TITLE: Investment Policy
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POLICY NUMBER:
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Custodian banks will be selected on the basis of their ability to provide services for the Town's account and the competitive pricing of their safekeeping related services.
The purchase and sale of securities and repurchase agreement transactions shall be settled on a delivery versus payment basis. All securities shall be perfected in the name of the Town.
Sufficient evidence to title shall be consistent with modern investment, banking and commercial practices.
All investment securities, purchased by the Town, will be delivered by book entry and will be held in third-party safekeeping by a Town approved custodian bank or its Depository Trust Company (DTC) participant account.
All Fed wireable book entry securities owned by the Town shall be held in the Federal Reserve System in a customer account for the custodian bank which will name the Town as “customer.” All DTC eligible securities shall be held in the custodian bank’s DTC participant account and the custodian bank shall provide evidence that the securities are held for the Town as “customer.”
PORTFOLIO PERFORMANCE
The investment portfolio shall be designed to attain a market rate of return throughout budgetary and economic cycles, taking into account prevailing market conditions, risk constraints for eligible securities, and cash flow requirements. The performance of the Town’s investments shall be compared to the average yield on the U.S. Treasury security that most closely corresponds to the portfolio’s weighted average effective maturity. When comparing the performance of the Town’s portfolio, its rate of return will be computed net of all fees and expenses.
REPORTING
Every month, the Treasurer shall prepare a report that conforms to Government Code Section 41004. The report shall be submitted to the Town Clerk within 45 days after the end of each month for inclusion as an agenda item at the next scheduled Town Council meeting. The report shall include the following information:
1. Investment type, issuer, date of maturity, par value and dollar amount invested in all securities, and investments and monies held by the Town;
2. A market value as of the date of the report (or the most recent valuation as to assets not valued monthly) and the source of the valuation;
3. Realized and unrealized gains or losses calculated by amortized cost and by fair value;
4. The weighted average maturity of the portfolio and a percentage breakdown of the total portfolio by maturity;
5. A description of the funds, investments and programs that are under the management of contracted parties;
ITEM NO. 8.
TITLE: Investment Policy
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6. The Town of Los Gatos Environmental, Social and Governance (ESG) scores;
7. A statement of compliance with this Investment Policy or an explanation for noncompliance; and
8. A statement of the ability to meet expenditure requirements for the next six months, and an explanation of why money will not be available if that is the case.
PROCEDURES
This Investment Policy shall be adopted by resolution of the Town Council. Annually the Town Manager shall present this Investment Policy to the Town Council and the Finance Commission for review to ensure its consistency with the Town’s investment objectives, current law and economic trends. Any amendments to this Investment Policy shall be approved by the Town Council.
APPROVED AS TO FORM:
_________
Gabrielle Whelan, Town Attorney
ITEM NO. 8.
PREPARED BY: Eric Lemon
Finance and Accounting Manager
Reviewed by: Town Manager, Town Attorney, and Administrative Services Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 8/4/2026
ITEM NO: 9
DATE: August 4, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Receive the Monthly Financial and Investment Report for May 2026 RECOMMENDATION: Receive the Monthly Financial and Investment Report for May 2026.
FISCAL IMPACT:
This report has no fiscal impact.
STRATEGIC PRIORITY:
This item aligns with the Town’s Core Goals of Good Governance and Fiscal Stability by ensuring adherence to proper financial reporting guidelines and information.
BACKGROUND:
California Government Code Section 41004 requires that the Town Treasurer submit to the Town Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Administrative Services Director assumes the Town Treasurer role. Attachment 1 contains the May 2026 monthly Financial and Investment Report, which fulfills this requirement.
The May 2026 Monthly Financial and Investment Report will be received by the Finance Commission at its August 10, 2026, regular meeting.
ITEM NO. 9.
PAGE 2 OF 3
SUBJECT: Monthly Financial and Investment Report for May 2026 DATE: August 4, 2026
DISCUSSION:
The May 2026 Monthly Financial and Investment Report includes a Fund Balance Schedule, representing estimated funding available for all funds at the beginning of the fiscal year and at the end of the respective month.
As operations fluctuate month to month, there are differences between balances in one month and balances in another. Such differences may be significant due to the type of activity in those months and the timing of any estimates used in the presentation, based on the information available. This is demonstrated by the attached May 31, 2026, fund balance report. In the case that the differences are extraordinary and unanticipated, we will ensure we present more information to explain the differences.
The difference between the May 31 and April 30 estimated fund balance is due to normal day to day fluctuations in revenues and expenditures.
Please note that the amount in the Fund Schedule differs from the Portfolio Allocation and Treasurer’s Cash Fund Balances Summary schedule because assets and liabilities are components of the Fund Balance.
As illustrated in the summary below, Ending Fund Balance = Cash + Assets - Liabilities, which represents the actual amount of funds available.
As of May 31, 2026, the Town’s financial position (Cash Plus Other Assets $96.64M, Liabilities $23.22M, and Fund Equity $73.42M) remains strong, and the Town has sufficient funds to meet the cash demands for the next six months.
As of May 31, 2026, the Town’s weighted portfolio yield for investments under management was 4.18%, which was 37 basis points above the Local Agency Investment Fund (LAIF) yield of
3.81% for the same reporting period. Currently, the LAIF portfolio’s weighted average maturity (WAM) is 271 days versus the Town’s longer WAM of 529 days. The Town’s assets under management reflect the Town’s selection of the 1-3 year benchmark investment strategy through the Town’s investment advisor to lock in higher yields at the top of the interest rate cycle. The longer maturities are balanced with shorter-term yields available on investments
ITEM NO. 9.
PAGE 3 OF 3
SUBJECT: Monthly Financial and Investment Report for May 2026 DATE: August 4, 2026
held with the State’s LAIF. The Town’s weighted average rate of return on investments under management of 4.18% at the close of May was 1 basis point lower when compared to the prior month’s return of 4.19% reported as of April 30, 2026.
Since May 2025, LAIF yields decreased from 427 basis points (4.27%) to 381 basis points (3.81%) through the end of May 2026. The State LAIF pool typically lags the market when current market yields are either increasing or decreasing.
The Federal Open Market Committee implemented three rate cuts in 2025. The first, on September 17, reduced the federal funds target range by 25 basis points to 4.00%–4.25% amid slower economic growth in the first half of the year and emerging signs of labor-market softening. A second 25-basis-point cut on October 29 brought the range down to 3.75%–4.00% as labor-market weakness and broader economic uncertainty persisted. At its December 10 meeting, the Committee approved a final 25-basis-point reduction to 3.50%–3.75%, reflecting ongoing concerns about the economic outlook. These adjustments align with the FOMC's objective to promote maximum employment and achieve an inflation target of 2% over the long run.
Nonfarm payrolls increased by 115,000 in April, down from a revised gain of 185,000 jobs in March. The unemployment rate held steady at 4.3%. Weekly initial claims remained contained but rose in May. Initial jobless claims rose from 190,000 to 215,000 and continuing claims rose modestly from 1.758m to 1.786m.
The Town's investments are in compliance with the Town's Investment Policy dated March 18, 2025, and are also in compliance with the requirements of Section 53600 et seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.
CONCLUSION:
Staff recommends that the Town Council receive the Monthly Financial and Investment Report for May 2026.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Financial and Investment Report (May 2026)
ITEM NO. 9.
Weighted Average YTM Portfolio Yield on Investments
under Management 4.18%
Weighted Average Maturity (days) 529
This Month Last Month One year ago
Portfolio Allocation & Treasurer's Cash Balances $84,537,776 $83,594,887 $75,593,586 Managed Investments $53,777,827
Local Agency Investment Fund $21,712,191
Reconciled Demand Deposit Balances $9,047,758
Portfolio Allocation & Treasurer's Cash Balances $84,537,776 Benchmarks/ References:
Town's Average Yield 4.18% 4.19% 4.41%
LAIF Yield for month 3.81% 3.81% 4.27%
3 mo. Treasury 3.67% 3.66% 4.33%
6 mo. Treasury 3.74% 3.69% 4.31%
2 yr. Treasury 4.00% 3.87% 3.90%
5 yr. Treasury 4.14% 4.01% 3.96%
10 Yr. Treasury 4.44% 4.37% 4.40%
Town of Los Gatos
Summary Investment Information
May 31, 2026
0 - 1 year
45%
1 - 2 years
21%
2 - 3 years
16%
3 - 5 years
18%
Portfolio Maturity Profile
Compliance: The Town's investments are in compliance with the Town's investment policy dated March 18, 2025, and also in compliance with the requirements of Section 53600 et seq. of the California State Code. Based on the information available, the Town has sufficient funds to meet the cash demands for the next six months.
ATTACHMENT 1
1
ITEM NO. 9.
Month YTD
Cash & Investment Balances - Beginning of Month/Period $ 83,594,887.01 $ 81,558,113.19 Receipts 9,428,000.30 85,701,171.41
Disbursements (8,485,111.42) (82,721,508.71)
Cash & Investment Balances - End of Month/Period $84,537,775.89 $84,537,775.89 Portfolio Allocation Amount % of Portfolio
Max. % or $ Allowed
per State Law or Policy
BNY MM $1,401,651.69 1.86% 20% of Town Portfolio
US Treasury Notes $24,370,812.34 32.28% No Max. on US Treasuries Government Agency Debenture Notes $13,313,715.31 17.64% No Max. on Non-Mortgage Backed Corporate Medium Term Bonds $14,691,647.80 19.46% 30% of Town Portfolio Local Agency Investment Fund $21,712,191.07 28.76% $75 M per State Law Subtotal - Investments 75,490,018.21 100.00%
Reconciled Demand Deposit Balances 9,047,757.68
Total Portfolio Allocation & Treasurer's Cash Balances $84,537,775.89
0.0401
0.0388
Town of Los Gatos
Portfolio Allocation & Treasurer's Cash Balances
May 31, 2026
BNY MM
1.86%
US Treasury Notes
32.28%
Government Agency
Debenture Notes
17.64%
Corporate Medium Term
Bonds
19.46%
Local Agency Investment Fund
28.76%
Portfolio Investment Allocation
$75.6 M
$84.5 M
$0.0 M
$10.0 M
$20.0 M
$30.0 M
$40.0 M
$50.0 M
$60.0 M
$70.0 M
$80.0 M
$90.0 M
May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26 Apr-26 May-26 Treasurer's Fund Balances
2
ITEM NO. 9.
May 2026
May 2026 Interest/ May 2026
Beginning Deposits Unrealized Gains (Losses)/ Withdrawals / Ending Balance Realized Gain/Adj. Gains (Losses) Fees Balance
Non-Treasury Funds:
Cert. of Participation 2002 Ser A Reserve Fund $ 704,312.65 $ - $ 1,822.62 $ - $ 706,135.27 Note 1 Cert. of Participation 2010 Ser Lease Payment Fund 85.24 - 0.26 - 85.50 Note 2 Cert. of Participation 2002 Ser A Lease Payment Fund 145.12 - 0.30 - 145.42 Note 1 Cert. of Participation 2010 Ser Reserve Fund 1,318,941.58 - 3,821.46 - 1,322,763.04 Note 2 Total Restricted Funds: $ 2,023,484.59 $ - $ 5,644.64 $ - $ 2,029,129.23 CEPPT IRS Section 115 Trust 4,004,057.54 - 50,126.33 517.93 $ 4,053,665.94 Note 3 Grand Total COP's and CEPPT Trust $ 6,027,542.13 $ - $ 55,770.97 $ 517.93 $ 6,082,795.17 These accounts are not part of the Treasurer's fund balances reported elsewhere in this report, as they are for separate and distinct entities.
Note 1: The three original funds for the Certificates of Participation 2002 Series A consist of construction funds which will be expended over the next few years, reserve funds which will guarantee the payment of lease payments, and a third fund for the disbursement of lease payments and initial delivery costs.
Note 2: The 2010 COP Funds are all for the Library construction, reserves to guarantee lease payments, and a lease payment fund for the life of the COP issue. The COI fund was closed in September 2010.
Note 3: The CEPPT IRS Section 115 Trust was established as an irrevocable trust dedicated to accumulate resources to fund the Town's unfunded liabilities related to pension and other post employment benefits.
Town of Los Gatos
Non-Treasury Restricted Fund Balances
May 31, 2026
3
ITEM NO. 9.
July 2025 $ 238,713.97
August 2025 $ 238,367.28
September 2025 $ 259,685.13
October 2025 $ 228,769.00
November 2025 $ 220,968.79
December 2025 $ 234,197.60
January 2026 $ 228,526.08
February 2026 $ 205,910.96
March 2026 $ 238,556.51
April 2026 $ 244,476.90
May 2026 $ 275,093.46
June 2026 $ -
$ 2,613,265.68
Town of Los Gatos
Statement of Interest Earned
May 31, 2026
4
ITEM NO. 9.
Original Issue Market Value Maturity Yield to Interest Interest Interest Days Deposit Par Original (Discount) Market Above (Under) Purchased Date or Maturity Received Earned Earned to Institution CUSIP # Security Coupon Date Value Cost Premium Value Cost Interest Call Date or Call to Date Prior Yrs. Current FY Maturity Apple 037833DB3 Corporate Bond 2.90% 12/20/2022 1,300,000.00 1,228,591.00 (71,409.00) 1,282,112.00 53,521.00 6/21/2027 4.19% $ 121,687.22 $ 135,426.07 $ 49,152.47 386 FFCB 3133EN5V8 Gov. Agency Debenture 4.13% 1/17/2023 236,000.00 239,174.20 3,174.20 236,486.16 (2,688.04) 1/11/2027 3.76% $ 29,042.75 $ 21,918.24 $ 8,204.03 225 JP Morgan Chase 46625HRS1 Corporate Bond 3.20% 9/23/2022 500,000.00 474,660.00 (25,340.00) 499,865.00 25,205.00 6/15/2026 4.70% $ 51,644.44 $ 63,141.28 $ 20,922.18 15 FHLB 3130AQF65 Gov. Agency Debenture 1.25% 11/30/2022 1,300,000.00 1,160,559.40 (139,440.60) 1,281,865.00 121,305.60 12/21/2026 4.15% $ 49,697.92 $ 130,709.25 $ 46,434.36 204 FHLB 3130APJH9 Gov. Agency Debenture 1.00% 1/17/2023 1,000,000.00 907,010.00 (92,990.00) 994,530.00 87,520.00 10/28/2026 4.17% $ 33,354.17 $ 84,829.28 $ 31,751.74 150 FFCB 3133EN5N6 Gov. Agency Debenture 4.00% 2/8/2023 1,700,000.00 1,706,732.00 6,732.00 1,700,323.00 (6,409.00) 1/6/2028 3.91% $ 197,955.56 $ 159,363.33 $ 61,153.17 585 American Honda 02665WED9 Corporate Bond 4.70% 5/11/2023 600,000.00 608,856.00 8,856.00 602,058.00 (6,798.00) 1/12/2028 4.34% $ 75,278.33 $ 56,288.41 $ 24,144.20 591 US Treasury 91282CEF4 US Treasury Note 2.50% 6/9/2023 1,500,000.00 1,416,626.12 (83,373.88) 1,483,755.00 67,128.88 3/31/2027 4.09% $ 105,327.87 $ 122,333.72 $ 54,497.07 304 Colgate-Palmolive 194162AR4 Corporate Bond 4.60% 7/14/2023 500,000.00 504,655.00 4,655.00 504,430.00 (225.00) 2/1/2028 4.37% $ 60,502.79 $ 43,173.83 $ 20,171.87 611 FFCB 3133EPQC2 Gov. Agency Debenture 4.63% 7/17/2023 500,000.00 501,957.50 1,957.50 500,525.00 (1,432.50) 7/17/2026 4.48% $ 57,812.50 $ 43,961.07 $ 20,625.99 47 FFCB 3133EPBM6 Gov. Agency Debenture 4.13% 7/14/2023 600,000.00 596,220.00 (3,780.00) 601,470.00 5,250.00 8/23/2027 4.29% $ 64,556.25 $ 50,424.13 $ 23,559.39 449 PNC Bank 69353RFJ2 Corporate Bond 3.25% 7/25/2023 1,000,000.00 921,490.00 (78,510.00) 985,160.00 63,670.00 12/23/2027 5.23% $ 80,979.17 $ 97,247.67 $ 46,144.43 571 US Treasury 91282CFU0 US Treasury Note 4.13% 7/31/2023 1,300,000.00 1,290,660.60 (9,339.40) 1,302,587.00 11,926.40 10/31/2027 4.31% $ 147,468.75 $ 107,052.11 $ 51,232.08 518 Toyota Motor Credit 89236TKL8 Corporate Bond 5.45% 8/25/2023 1,600,000.00 1,617,168.00 17,168.00 1,629,296.00 12,128.00 11/10/2027 5.16% $ 236,166.67 $ 153,725.55 $ 76,293.42 528 US Treasury 912810FE3 US Treasury Note 5.50% 10/3/2023 1,200,000.00 1,238,207.14 38,207.14 1,237,128.00 (1,079.14) 8/15/2028 4.76% $ 156,211.96 $ 101,335.84 $ 53,376.58 807 FFCB 3133EPUW3 Gov. Agency Debenture 4.75% 10/13/2023 1,000,000.00 994,338.00 (5,662.00) 1,002,370.00 8,032.00 9/1/2026 4.96% $ 113,208.33 $ 84,828.57 $ 45,395.48 93 US Treasury 91282CEW7 US Treasury Note 3.25% 10/16/2023 1,000,000.00 950,039.06 (49,960.94) 993,010.00 42,970.94 6/30/2027 4.73% $ 71,711.96 $ 78,477.53 $ 42,198.99 395 US Treasury 91282CEN7 US Treasury Note 2.75% 10/31/2023 1,300,000.00 1,214,336.39 (85,663.61) 1,286,974.00 72,637.61 4/30/2027 4.82% $ 89,375.00 $ 100,336.49 $ 55,284.09 334 US Treasury 91282CCH2 US Treasury Note 1.25% 12/21/2023 900,000.00 798,647.55 (101,352.45) 850,572.00 51,924.45 6/30/2028 3.99% $ 22,805.71 $ 51,319.84 $ 30,865.62 761 FNMA 3135G0Q22 Gov. Agency Debenture 1.88% 12/21/2023 900,000.00 845,676.00 (54,324.00) 894,753.00 49,077.00 9/24/2026 4.22% $ 38,109.38 $ 55,770.03 $ 33,542.12 116 US Treasury 91282CFB2 US Treasury Note 2.75% 1/2/2024 1,000,000.00 960,354.91 (39,645.09) 986,480.00 26,125.09 7/31/2027 3.95% $ 57,167.12 $ 57,605.73 $ 35,409.03 426 US Treasury 91282CHE4 US Treasury Note 3.63% 1/17/2024 1,800,000.00 1,775,185.72 (24,814.28) 1,786,284.00 11,098.28 5/31/2028 3.97% $ 154,567.63 $ 102,986.91 $ 65,095.50 731 JP Morgan Chase 46647PDG8 Corporate Bond 4.85% 2/1/2024 1,400,000.00 1,396,528.00 (3,472.00) 1,406,804.00 10,276.00 7/25/2027 4.93% $ 134,696.10 $ 97,231.80 $ 63,247.87 420 US Bancorp 91159HJF8 Corporate Bond 4.55% 2/5/2024 1,000,000.00 989,200.00 (10,800.00) 1,001,500.00 12,300.00 7/22/2027 4.89% $ 89,317.67 $ 68,041.60 $ 44,606.53 417 FFCB 3133EP5U5 Gov. Agency Debenture 4.13% 3/28/2024 1,700,000.00 1,687,981.00 (12,019.00) 1,700,442.00 12,461.00 3/20/2029 4.28% $ 138,691.67 $ 91,219.09 $ 66,576.02 1024 US Treasury 9128285M8 US Treasury Note 3.13% 4/30/2024 1,200,000.00 1,123,832.14 (76,167.86) 1,174,224.00 50,391.86 11/15/2028 4.69% $ 76,545.34 $ 63,313.82 $ 49,789.03 899 Cisco Systems 17275RBR2 Corporate Bond 4.85% 5/15/2024 1,000,000.00 999,130.00 (870.00) 1,014,850.00 15,720.00 1/26/2029 4.87% $ 86,356.94 $ 54,820.58 $ 44,683.44 971 Home Depot 437076CW0 Corporate Bond 4.90% 5/17/2024 1,000,000.00 1,001,790.00 1,790.00 1,015,670.00 13,880.00 4/15/2029 4.86% $ 93,644.44 $ 54,498.76 $ 44,638.35 1050 Treasury 91282CJR3 US Treasury Note 3.75% 5/31/2024 1,200,000.00 1,154,629.02 (45,370.98) 1,191,000.00 36,370.98 12/31/2028 4.68% $ 71,208.79 $ 59,398.06 $ 50,375.57 945 FHLB 3130B1BT3 Gov. Agency Debenture 4.88% 7/2/2024 1,150,000.00 1,150,966.00 966.00 1,150,368.00 (598.00) 6/12/2026 4.82% $ 75,372.92 $ 55,261.42 $ 50,998.83 12 Citibank 17325FBK3 Corporate Bond 4.84% 8/15/2024 1,250,000.00 1,263,062.50 13,062.50 1,265,150.00 2,087.50 7/6/2029 4.60% $ 89,200.62 $ 50,520.38 $ 53,054.32 1132 FNMA 3135G05Y5 Gov. Agency Debenture 0.75% 9/10/2024 1,100,000.00 1,010,724.00 (89,276.00) 1,054,075.00 43,351.00 10/8/2027 3.56% $ 13,016.67 $ 29,915.45 $ 34,203.67 495 US Treasury 91282CFL0 US Treasury Note 3.88% 12/3/2024 1,100,000.00 1,088,144.31 (11,855.69) 1,092,740.00 4,595.69 9/30/2029 4.12% $ 56,442.99 $ 25,813.46 $ 41,375.64 1218 FHLB 3130ATUT2 Gov. Agency Debenture 4.50% 2/12/2025 505,000.00 508,253.21 3,253.21 511,499.35 3,246.14 12/14/2029 4.35% $ 19,063.75 $ 8,337.70 $ 20,240.08 1293 FFCB 3133ER5X5 Gov. Agency Debenture 3.88% 3/12/2025 1,000,000.00 998,480.00 (1,520.00) 996,660.00 (1,820.00) 3/7/2028 3.93% $ 38,211.81 $ 11,831.34 $ 36,031.80 646 Treasury 91282CJF9 US Treasury Note 4.88% 3/31/2025 1,100,000.00 1,130,167.75 30,167.75 1,120,537.00 (9,630.75) 10/31/2028 4.04% $ 58,069.06 $ 11,273.90 $ 41,502.81 884 State Street Corp 857477CD3 Corporate Bond 5.27% 4/30/2025 800,000.00 811,184.00 11,184.00 800,976.00 (10,208.00) 8/3/2026 4.04% $ 31,983.47 $ 5,565.50 $ 30,564.61 64 Freddie Mac 3134HAW33 Gov. Agency Debenture 4.75% 4/30/2025 1,000,000.00 1,005,644.00 5,644.00 999,010.00 (6,634.00) 12/18/2029 4.23% $ 30,743.07 $ 7,735.00 $ 42,479.09 1297 US Treasury 91282CNG2 US Treasury Note 4.00% 6/30/2025 660,000.00 665,184.24 5,184.24 657,115.80 (8,068.44) 5/31/2030 3.82% $ 24,236.08 $ - $ 23,263.14 1461 US Treasury 91282CMG3 US Treasury Note 4.25% 8/4/2025 825,000.00 842,308.43 17,308.43 828,902.25 (13,406.18) 1/31/2030 3.74% $ 17,150.14 $ - $ 25,654.25 1341 US Treasury 91282CMA6 US Treasury Note 4.13% 8/25/2025 1,200,000.00 1,218,847.77 18,847.77 1,201,032.00 (17,815.77) 11/30/2029 3.72% $ 37,868.86 $ - $ 34,461.81 1279 US Treasury 91282CHR5 US Treasury Note 4.00% 9/23/2025 950,000.00 967,036.38 17,036.38 945,326.00 (21,710.38) 7/31/2030 3.59% $ 13,423.92 $ - $ 23,623.84 1522 US Treasury 91282CGQ8 US Treasury Note 4.00% 10/3/2025 1,000,000.00 1,013,362.72 13,362.72 996,250.00 (17,112.72) 2/28/2030 3.67% $ 16,353.59 $ - $ 24,308.17 1369 State Street Corp 857477DB6 Corporate Bond 4.83% 11/10/2025 580,000.00 596,535.80 16,535.80 587,574.80 (8,961.00) 4/24/2030 4.13% $ 12,772.51 $ - $ 13,462.21 1424 US Treasury 91282CKA8 US Treasury Note 4.13% 12/17/2025 1,150,000.00 1,157,775.34 7,775.34 1,152,277.00 (5,498.34) 2/15/2027 3.52% $ 7,734.37 $ - $ 18,425.69 260 US Treasury 91282CHW4 US Treasury Note 4.13% 12/17/2025 1,150,000.00 1,170,308.54 20,308.54 1,149,321.50 (20,987.04) 8/31/2030 3.71% $ 9,566.13 $ - $ 19,493.88 1553 US Treasury 91282CHZ7 US Treasury Note 4.63% 1/13/2026 1,050,000.00 1,089,087.89 39,087.89 1,070,055.00 (19,032.89) 9/30/2030 3.75% $ 10,272.84 $ - $ 15,226.32 1583 Morgan Stanley Pvt Bank 61776NU43 Corporate Bond 4.21% 2/26/2026 1,250,000.00 1,254,137.50 4,137.50 1,235,825.00 (18,312.50) 3,510.83 2/8/2029 4.09% $ (3,510.83) $ - $ 13,201.61 984 John Deere Capital Corp 24422EXN4 Corporate Bond 4.90% 3/17/2026 1,000,000.00 1,024,660.00 24,660.00 1,015,090.00 (9,570.00) 1,361.11 3/7/2031 4.34% $ (1,361.11) $ - $ 9,050.05 1741 US Treasury 91282CLC3 US Treasury Note 4.00% 4/6/2026 1,050,000.00 1,053,691.41 3,691.41 1,047,459.00 (6,232.41) 7,541.44 7/31/2029 3.88% $ (7,541.44) $ - $ 6,161.25 1157 US Treasury 91282CMB4 US Treasury Note 4.00% 4/6/2026 1,050,000.00 1,052,378.91 2,378.91 1,050,126.00 (2,252.91) 12,923.08 12/15/2027 3.86% $ (12,923.08) $ - $ 6,117.05 563 Subtotal $ 53,156,000.00 $ 52,376,175.45 $ (779,824.55) $ 53,073,892.86 $ 697,717.41 $ 25,336.46 $ 3,241,238.77 $ 2,597,032.72 $ 1,842,270.75 BNY MM Money Market 1,401,651.69 1,401,651.69 0.00 0.00% 1 LAIF State Investment Pool 21,712,191.07 21,711,774.87 (416.20) 3.81% 510,317.45 1 75,490,018.21 $76,187,319.42 $697,301.21 $25,336.46 $ 3,241,238.77 $ 2,597,032.72 $ 2,352,588.20 Matured Assets
US Treasury 91282CAB7 US Treasury Note 0.25% 11/15/2023 675,000.00 623,900.39 (51,099.61) 7/31/2025 4.92% $ 2,884.34 $ 51,302.62 $ 2,681.92 FHLB 3135G05X7 Gov. Agency Debenture 0.38% 6/10/2022 1,200,000.00 1,102,952.40 (97,047.60) 8/25/2025 3.04% $ 14,437.50 $ 106,169.42 $ 5,327.50 FFCB 3133ENP95 Gov. Agency Debenture 4.25% 9/30/2022 900,000.00 900,939.60 939.60 9/30/2025 4.14% $ 114,750.00 $ 104,352.97 $ 9,562.22 Freddie Mac 3137EAEX3 Gov. Agency Debenture 0.38% 5/1/2023 750,000.00 689,032.50 (60,967.50) 9/23/2025 3.97% $ 6,734.37 $ 61,146.74 $ 6,570.76 FannieMae 3135G06G3 Gov. Agency Debenture 0.50% 7/14/2023 500,000.00 455,157.00 (44,843.00) 11/7/2025 4.63% $ 5,784.72 $ 42,871.33 $ 7,773.04 US Treasury 91282CGA3 US Treasury Note 4.00% 6/20/2023 2,100,000.00 2,080,558.59 (19,441.41) 12/15/2025 4.40% $ 208,852.46 $ 186,379.78 $ 42,256.15 American Honda 02665WEY3 Corporate Bond 4.95% 6/27/2024 1,000,000.00 995,640.00 (4,360.00) 1/9/2026 5.25% $ 51,287.50 $ 52,766.88 $ 26,383.44 Pepsico Inc 713448DF2 Corporate Bond 2.85% 10/16/2023 1,000,000.00 947,570.00 (52,430.00) 2/24/2026 5.24% $ 67,133.33 $ 86,538.35 $ 33,198.50 FHLB 3130AXB31 Gov. Agency Debenture 4.88% 2/27/2024 1,000,000.00 1,003,060.00 3,060.00 3/13/2026 4.72% $ 100,479.17 $ 63,303.13 $ 33,140.29 US Treasury 91282CBT7 US Treasury Note 0.75% 9/30/2022 800,000.00 712,565.18 (87,434.82) 3/31/2026 4.14% $ 21,000.00 $ 85,193.12 $ 23,249.92 Home Depot 437076BM3 Corporate Bond 3.00% 8/4/2022 1,000,000.00 991,960.00 (8,040.00) 4/1/2026 3.04% $ 94,750.00 $ 93,590.54 $ 24,257.68 Treasury 91282CHB0 US Treasury Note 3.63% 2/23/2024 1,175,000.00 1,151,962.92 (23,037.08) 5/15/2026 4.56% $ 94,782.80 $ 71,517.53 $ 46,276.05 Total Interest from Matured Investments $ 260,677.48
Total Interest FY 2025-26, Matured and Current $ 2,613,265.68 Maturity Profile Amount Percent
0-1 year $ 33,988,105.71 45%
1-2 years $15,832,077.48 21%
2-3 years $12,163,707.82 16%
3-5 years $ 13,506,127.20 18%
$75,490,018.21 100%
Town of Los Gatos
Investment Schedule
May 31, 2026
5
ITEM NO. 9.
Date Cusip/Id Description Transaction Type Trade Date Settlement Date Par Coupon Maturity Date Price Principal Interest Transaction
Total
5/4/2026 Cash-USD Cash-USD
SHORT TERM INVESTMENT
FUND INCOME 5/4/2026 5/4/2026 1,039.58 0.000% 100.00 - - 1,039.58 5/11/2026 89236TKL8
TOYOTA MOTOR CREDIT CORP 5.45%
10NOV2027 BOND INTEREST 5/10/2026 5/11/2026 1,600,000.00 5.450% 11/10/2027 - - 43,600.00 43,600.00 5/15/2026 9128285M8 USA TREASURY 3.125% 15NOV2028 BOND INTEREST 5/15/2026 5/15/2026 1,200,000.00 3.125% 11/15/2028 - - 18,750.00 18,750.00 5/15/2026 91282CHB0 USA TREASURY 3.625% 15MAY2026 REDEMPTION 5/15/2026 5/15/2026 1,175,000.00 0.000% 5/15/2026 100.00 1,175,000.00 - 1,175,000.00 5/15/2026 91282CHB0 USA TREASURY 3.625% 15MAY2026 BOND INTEREST 5/15/2026 5/15/2026 1,175,000.00 0.000% 5/15/2026 - - 21,296.88 21,296.88 Town of Los Gatos
Investment Transaction Detail
May 31, 2026
6
ITEM NO. 9.
CUSIP Security description Maturity
date Par/Shares Total market value ($) S&P rating Moody's rating Insight ESG
rating Environment Social Governance
02665WED9 AMERICAN HONDA FINANCE 4.7% 12JAN2028 1/12/2028 600,000 613,064 BBB+ A3 3 2 4 3 037833DB3 APPLE INC 2.9% 12SEP2027 (CALLABLE 12JUN27) 9/12/2027 1,300,000 1,290,662 AA+ Aaa 5 2 5 5 17275RBR2 CISCO SYSTEMS INC 4.85% 26FEB2029 (CALLABLE 26JAN29) 2/26/2029 1,000,000 1,028,032 AA- A1 2 1 3 3 17325FBK3 CITIBANK NA 4.838% 06AUG2029 (CALLABLE 06JUL29) 8/6/2029 1,250,000 1,284,972 A+ Aa3 3 1 2 4 194162AR4 COLGATE-PALMOLIVE CO 4.6% 01MAR2028 (CALLABLE 01FEB28) 3/1/2028 500,000 510,296 A+ Aa3 3 3 3 2 24422EXN4 JOHN DEERE CAPITAL CORP 4.9% 07MAR2031 3/7/2031 1,000,000 1,027,032 A A1 3 1 3 4 437076CW0 HOME DEPOT INC 4.9% 15APR2029 (CALLABLE 15MAR29) 4/15/2029 1,000,000 1,022,445 A A2 3 3 3 3 46625HRS1 JPMORGAN CHASE & CO 3.2% 15JUN2026 CALLABLE 6/15/2026 500,000 507,244 A A1 3 1 3 5 46647PDG8 JPMORGAN CHASE & CO 4.851% 25JUL2028 (CALLABLE 25JUL27) 7/25/2028 1,400,000 1,430,716 A A1 3 1 3 5 61776NU43 MORGAN STANLEY PVT BANK 4.213% 08FEB2030 (CALLABLE 08FEB29) 2/8/2030 1,250,000 1,253,659 A+ Aa3 3 1 3 4 69353RFJ2 PNC BANK NA 3.25% 22JAN2028 (CALLABLE 23DEC27) 1/22/2028 1,000,000 997,000 A A2 3 3 4 3 857477CD3 STATE STREET CORP 5.272% 03AUG2026 (CALLABLE 03JUL26) 8/3/2026 800,000 814,763 A Aa3 1 1 2 2 857477DB6 STATE STREET CORP 4.834% 24APR2030 (CALLABLE 24MAR30) 4/24/2030 580,000 590,639 A Aa3 1 1 2 2 89236TKL8 TOYOTA MOTOR CREDIT CORP 5.45% 10NOV2027 11/10/2027 1,600,000 1,634,667 A+ A1 3 1 3 4 91159HJF8 US BANCORP 4.548% 22JUL2028 (CALLABLE 22JUL27) 7/22/2028 1,000,000 1,017,941 A A3 3 2 3 4 Total Corporate / weighted average 14,780,000 15,023,132 3 2 3 4 ESG ratings are from 1 to 5, with 1 as the highest rating and 5 as the lowest. All ratings are weighted by industry rankings, based on the importance of the category within the individual industry.
TOWN OF LOS GATOS, CA
Insight ESG ratings as of May 31, 2026
7
ITEM NO. 9.
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
GENERAL FUND
Non-Spendable:
Loans Receivable 159,000 - - - - - 159,000
Restricted Fund Balances:
Pension 3,090,731 - - - - - 3,090,731
Land Held for Resale - - - - - - -
Committed Fund Balances:
Budget Stabilization 7,870,639 - - - - - 7,870,639
Catastrophic 7,870,639 - - - - - 7,870,639
Pension/OPEB 1,300,000 - - - - - 1,300,000
Measure G District Sales Tax - - - - - - -
Assigned Fund Balances:
Open Space 410,000 - - - - - 410,000
Sustainability 140,553 - - - - - 140,553
Capital/Special Projects 1,983,271 - - - - - 1,983,271
Carryover Encumbrances 6,367 - - - - - 6,367
Compensated Absences 1,519,243 - - - - - 1,519,243
ERAF Risk Reserve - - - - - - -
Market Fluctuations 1,201,824 - - - - - 1,201,824
Council Priorities - Economic Recovery - - - - - - -
Unassigned Fund Balances:
111 Other Unassigned Fund Balance Reserve (Pre YE distribution) 10,211,049 2,351,905 5,021,843 (4,982,436) - - 12,602,361 General Fund Total 35,763,316 2,351,905 5,021,843 (4,982,436) - - 38,154,628 * Interfund transfers to be performed as part of the fiscal year end closing entries.
May 2026 Prior Year
Carryforward
7/1/2025*
Increase/
(Decrease)
July-April
Estimated Fund
Balance
5/31/2026*
8
ITEM NO. 9.
Fund Schedule
Fund
Number Fund Description
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
SPECIAL REVENUE
211/212 CDBG 166,653 - - - - - 166,653
222 Urban Runoff (NPDES) 664,168 7,489 13,641 (34,835) - - 650,463 231-236 Landscape & Lighting Districts 193,606 (2,782) - (2,941) - - 187,883 251 Los Gatos Theatre 381,120 165,128 22,621 (4,538) - - 564,331 261-264,269 Library Trusts 559,745 40,868 - (1,409) - - 599,204 Special Revenue Total 1,965,292 210,703 36,262 (43,723) - - 2,168,534
CAPITAL PROJECTS
411 GFAR - General Fund Appropriated Reserve 16,974,946 1,040,275 88,601 (40,241) - - 18,063,581 412 Community Center Development 819,604 - - - - - 819,604 421 Grant Funded Projects (1,577,430) 1,707,089 - (13,706) - - 115,953 461-463 Storm Basin Projects 2,825,234 119,622 46,354 - - - 2,991,210 471 Traffic Mitigation Projects 676,482 - - - - - 676,482 472 Utility Undergrounding Projects 3,763,913 25,907 983 - - - 3,790,803 481 Gas Tax Projects 2,130,548 360,244 155,250 (3,761) - - 2,642,281 Capital Projects Total 25,613,297 3,253,137 291,188 (57,708) - - 29,099,914
INTERNAL SERVICE FUNDS
611 Town General Liability 208,746 (397,241) - (4,969) - - (193,464) 612 Workers Compensation 1,259,972 168,915 3,807 (89,812) - - 1,342,882 621 Information Technology 2,585,103 (258,914) 9,924 (24,346) - - 2,311,767 631 Vehicle & Equipment Replacement 3,890,428 720,334 2,183 (9,230) - - 4,603,715 633 Facility Maintenance 820,099 (26,924) 3,066 (90,097) - - 706,144 Internal Service Funds Total 8,764,348 206,170 18,980 (218,454) - - 8,771,044 Trust/Agency
942 RDA Successor Agency (3,037,146) (1,736,436) - (205) - - (4,773,787) Trust/Agency Fund Total (3,037,146) (1,736,436) - (205) - - (4,773,787) Total Town 69,069,107 4,285,479 5,368,273 (5,302,526) - - 73,420,333 * Interfund transfers to be performed as part of the fiscal year end closing entries.
Deposit Accounts of Interest:
111-23541 General Plan Update deposit account balance $683,163.78 111-23521 BMP Housing deposit account balance $3,723,190.79 Prior Year
Carryforward
7/1/2025*
Increase/
(Decrease)
July-April
May 2026 Estimated Fund
Balance
5/31/2026*
9
ITEM NO. 9.
PREPARED BY: Diane Howard
Finance Division Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/04/2026
ITEM NO: 10
DATE: July 24, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve and Ratify the Accounts Payable Check Registers and Payroll Reports
RECOMMENDATION: Approve the Accounts Payable Check Registers dated June 12, June 19, June 26, July 3, July 10, July 17, and July 24, 2026, and ratify and approve the Payroll Reports dated June 12, June 26, July 10, and July 24, 2026
FISCAL IMPACT:
Approval and ratification of the reports will have no additional fiscal impact. The reports document $8,516,614.91 in payments previously issued, consisting of $4,490,413.91 in accounts payable payments and $4,026,201.00 in payroll payments. Staff represents that all payments were charged to accounts authorized in the Town Council approved budgets and were within available appropriations.
STRATEGIC PRIORITY:
This item supports the Town’s amended 2025 to 2027 Top Strategic Priority to ensure prudent financial management, under the Fiscal Stability Core Goal.
BACKGROUND:
Pursuant to Town Municipal Code section 2.30.020 (d) payroll warrants need not be audited by the Town Council prior to payment. Payrolls shall be presented to the Town Council for ratification and approval at the regular meeting after delivery of the payroll warrants.
The Town Code not does not provide specific direction on accounts payable. However, Government Code Section 37208 provides the following guidance:
ITEM NO. 10.
PAGE 2 OF 3
SUBJECT: Accounts Payable Check Registers and Payroll Reports DATE: August 4, 2026
(a) Payroll warrants or checks need not be audited by the legislative body prior to payment.
Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. (b) Warrants or checks drawn in payment of demands certified or approved by the city clerk as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.
(c) Notwithstanding subdivisions (a) and (b), budgeted payrolls and demands paid by warrants or checks may be presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report.
DISCUSSION:
Administrative Services staff presents biweekly payroll reports to the Council on consent, as prescribed in the Municipal Code.
Although not specifically required under Municipal Code or the Government Code, it is considered good practice to report on checks paid by a government agency. As such, staff provides accounts payable check registers, along with payroll reports, on a biweekly basis as part of the consent calendar for regular council meetings.
Accounts payable and payroll for the following periods have been audited and approved by staff for the following payments:
Type Check Date Amount
Accounts Payable June 12, 2026 $ 220,434.92
Payroll June 12, 2026 $ 1,081,649.00
Accounts Payable June 19, 2026 $ 193,003.36
Accounts Payable June 26, 2026 $ 362,261.84
Payroll June 26, 2026 $ 982,908.00
Accounts Payable July 3, 2026 $ 220,482.24
Accounts Payable July 10, 2026 $ 1,842,081.88
Payroll July 10, 2026 $ 1,008,360.00
Accounts Payable July 17, 2026 $ 1,214,860.29
Accounts Payable July 24, 2026 $ 437,289.38
Payroll July 24, 2026 $ 953,284.00
Combined Accounts Payable
and Payroll Total
$ 8,516,614.91
The attachment packet also includes two void registers. Check 162531 in the amount of $900 was voided after the payee reported nonreceipt and was reissued to an updated address. Check
ITEM NO. 10.
PAGE 3 OF 3
SUBJECT: Accounts Payable Check Registers and Payroll Reports DATE: August 4, 2026
161375 in the amount of $699 was voided after a reported mail service disruption and was reissued. The voided amounts are not additional expenditures and are not included twice in the totals above.
ALTERNATIVES:
The Council may request clarification or correction of a specified register and continue consideration of that portion of the item. Because the payroll warrants have already been delivered, staff recommends that any requested correction be narrowly identified and returned promptly for Council ratification and approval.
CONCLUSION:
Presenting the payroll reports for Council ratification and approval complies with the Town Code and Government Code. Presenting the accounts payable registers provides additional transparency and Council oversight as an administrative best practice.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ATTACHMENTS:
1. Accounts Payable Register for 6/12/2026
2. Payroll by Location for 06/12/2026
3. Accounts Payable Register for 06/19/2026
4. Accounts Payable Register for 06/26/2026
5. Payroll by Location for 06/26/2026
6. Accounts Payable Register for 07/03/2026
7. Accounts Payable Register for 07/10/2026
8. Payroll by Location for 07/10/2026
9. Accounts Payable Register for 07/17/2026
10. Accounts Payable Register for 07/24/2026
11. Payroll by Location for 07/24/2026
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 06-12-2026
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 162639 06/12/2026 AFSCME COUNCIL 57 108875 AFSCME DUES PPE 06/06/26 111 21263 $ 301.86 162639 Total $ 301.86
162640 06/12/2026 AMAZON CAPITAL SERVICES INC 16V6Y6JDMD9V SUPPLIES 1117201 61191 $ 92.05 162640 06/12/2026 AMAZON CAPITAL SERVICES INC 1L3W4CNH9CF3 SUPPLIES 1117204 61132 $ 101.21 162640 06/12/2026 AMAZON CAPITAL SERVICES INC 1LXKY1TGHVFT SUPPLIES 1111101 61111 $ 32.95 162640 06/12/2026 AMAZON CAPITAL SERVICES INC 1LXKY1TGHVFT SUPPLIES 1112401 61111 $ 62.96 162640 06/12/2026 AMAZON CAPITAL SERVICES INC 1N66Q1GKKJF6 ERGONOMIC EQUIPMENT 6122202 62322 $ 398.99 162640 06/12/2026 AMAZON CAPITAL SERVICES INC 1NXY4FCDV4GQ SUPPLIES 1117204 61132 $ 289.06 162640 06/12/2026 AMAZON CAPITAL SERVICES INC 1RLGJJK1M9MQ SUPPLIES 1117201 61191 $ 151.70 162640 06/12/2026 AMAZON CAPITAL SERVICES INC 1RLGJJK1PFYP ERGONOMIC EQUIPMENT 6122202 62322 $ 131.99 162640 06/12/2026 AMAZON CAPITAL SERVICES INC 1T6FQTHTNR7G SUPPLIES 1114201 61111 $ 1,318.47 162640 06/12/2026 AMAZON CAPITAL SERVICES INC 1WLDT47NLW9N SUPPLIES 1117201 61191 $ 124.44 162640 06/12/2026 AMAZON CAPITAL SERVICES INC 1YF93LQVHFNT SUPPLIES 1117101 61111 $ 364.13 162640 Total $ 3,067.95
162641 06/12/2026 AMAZON CAPITAL SERVICES INC 177MC3G4TC7F SUPPLIES 1115402 61265 $ 7.02 162641 06/12/2026 AMAZON CAPITAL SERVICES INC 17HN3XPXKVPV SUPPLIES 1117201 61191 $ 78.23 162641 06/12/2026 AMAZON CAPITAL SERVICES INC 19X397DFJLYY SUPPLIES 1117201 61191 $ 24.17 162641 06/12/2026 AMAZON CAPITAL SERVICES INC 1K9VWKWW1X66 SUPPLIES 2617301 62424 $ 52.60 162641 06/12/2026 AMAZON CAPITAL SERVICES INC 1MK3QQL7411Q SUPPLIES 1117202 61192 $ 24.68 162641 Total $ 186.70
162642 06/12/2026 AT&T CALNET 3 000025277902 042026-051926 SERVICE 1114201 62622 $ 402.66 162642 Total $ 402.66
162643 06/12/2026 BEAR ELECTRICAL SOLUTIONS, INC 10141 WORK ORDER 12185 1115401 63364 $ 3,300.00 162643 06/12/2026 BEAR ELECTRICAL SOLUTIONS, INC 10209 FEBRUARY 2026 TS RESPONSE 1115401 63364 $ 4,278.00 162643 06/12/2026 BEAR ELECTRICAL SOLUTIONS, INC 10210 FEBRUARY 2026 SL RESPONSE 1115401 63364 $ 4,390.00 162643 06/12/2026 BEAR ELECTRICAL SOLUTIONS, INC 10897 MARCH 2026 TS MAINTENANCE SERVICES 1115401 63364 $ 4,741.00 162643 06/12/2026 BEAR ELECTRICAL SOLUTIONS, INC 10898 MARCH 2026 SL MAINTENANCE SERVICES 1115401 63364 $ 6,367.68 162643 06/12/2026 BEAR ELECTRICAL SOLUTIONS, INC 11284 APRIL 2026 TS MAINT SERVICES 1115401 63364 $ 4,605.00 162643 06/12/2026 BEAR ELECTRICAL SOLUTIONS, INC 11287 APRIL 2026 USAS 1115202 63356 $ 1,045.00 162643 06/12/2026 BEAR ELECTRICAL SOLUTIONS, INC 29227 JANUARY 2026 TS MAINTENANCE SERVICES 1115401 63364 $ 3,374.00 162643 Total $ 32,100.68
162644 06/12/2026 BKF ENGINEERS 26051013 033026-042626 SERVICE 4218510 82405 $ 6,551.00 162644 06/12/2026 BKF ENGINEERS 26051013 033026-042626 SERVICE 4118510 82405 $ 2,250.00 162644 Total $ 8,801.00
162645 06/12/2026 CALIFORNIA STATE CONTROLLER OFFICE FTB-00008786 FTB OFFSETS 2025 1114304 61173 $ 92.14 162645 Total $ 92.14
162646 06/12/2026 CAPITOL DEL GRANDE 4 INC 265412 AUTO PARTS 1115402 61265 $ 778.48 162646 Total $ 778.48
162647 06/12/2026 CAROL PHAM CORRALES 03/11/26-05/15/26 MILEAGE-SVLS MEETING/PLP MEETING 1117101 64211 $ 58.15 ATTACHMENT 1
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 06-12-2026
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 162647 Total $ 58.15
162648 06/12/2026 CITY OF CAMPBELL 052026 2025-2026 ANNUAL CONTRIBUTION 1114303 62153 $ 5,000.00 162648 Total $ 5,000.00
162649 06/12/2026 CLASSIC CAR WASH 0481 APRIL 2026 CAR WASHES 1114301 62392 $ 75.00 162649 Total $ 75.00
162650 06/12/2026 CLAUDIA Y MARTINEZ 04/22/26-04/23/26MMILEAGE-EXECUTIVE TRAINING SEMINAR 1114101 64211 $ 88.89 162650 Total $ 88.89
162651 06/12/2026 COMCAST 0185598JUN26 060326-070226 SERVICE 1114201 62636 $ 518.89 162651 Total $ 518.89
162652 06/12/2026 CRIME SCENE CLEANERS, INC. 97478 CAR #1 SERVICE 1114301 62392 $ 130.00 162652 Total $ 130.00
162653 06/12/2026 DEMCO, INC. 7808158 SUPPLIES 1117101 61111 $ 174.49 162653 Total $ 174.49
162654 06/12/2026 ECOSANITATION LLC 1560 052226 POWER WASHING 1115401 63365 $ 5,000.00 162654 Total $ 5,000.00
162655 06/12/2026 FRONTIER CALIFORNIA INC 1884819JUN26 052826-062726 SERVICE 6335423 62631 $ 8,923.51 162655 06/12/2026 FRONTIER CALIFORNIA INC 1970013JUN26 060626-070526 SERVICE 6212502 62614 $ 770.00 162655 06/12/2026 FRONTIER CALIFORNIA INC 1970013MAY26 050626-060526 SERVICE 6212502 62614 $ 770.00 162655 06/12/2026 FRONTIER CALIFORNIA INC 1970036JUN26 060226-070126 SERVICE 6212502 62614 $ 414.25 162655 06/12/2026 FRONTIER CALIFORNIA INC 1970184JUN26 052226-062126 SERVICE 6212502 62614 $ 400.00 162655 06/12/2026 FRONTIER CALIFORNIA INC 3564957JUN26 060426-070326 SERVICE 1114201 62622 $ 125.17 162655 Total $ 11,402.93
162656 06/12/2026 GARDENLAND POWER EQUIPMENT 1255384 SUPPLIES 1115301 61214 $ 485.80 162656 Total $ 485.80
162657 06/12/2026 GRAINGER 9920783611 SUPPLIES 6335423 61214 $ 589.66 162657 06/12/2026 GRAINGER 9920784502 SUPPLIES 6335423 61214 $ 279.19 162657 06/12/2026 GRAINGER 9922116828 SUPPLIES 1115402 61265 $ 223.35 162657 06/12/2026 GRAINGER 9926827560 CREDIT MEMO 6335423 61214 $ (175.98) 162657 06/12/2026 GRAINGER 9926917312 SUPPLIES 1115401 61275 $ 355.84 162657 Total $ 1,272.06
162658 06/12/2026 HOUSEKEYS INC LG260518 MAY 2026 HOUSING PROGRAM ADMINISTRATION 1113501 63383 $ 8,000.00 162658 Total $ 8,000.00
162659 06/12/2026 IMPERIAL COUNTY OFFICE OF EDUCATION INV26-00851 JAN-MAR 2026 BILLING 1117204 63332 $ 1,250.59 162659 Total $ 1,250.59
162660 06/12/2026 INTERWEST CONSULTING GROUP 3379607 B25-0764 215 ROSALIE COURT 1113999 68416 $ 337.50 162660 06/12/2026 INTERWEST CONSULTING GROUP 3542013 B25-0171 14340 BROWNS LANE 1113999 68416 $ 682.50 162660 06/12/2026 INTERWEST CONSULTING GROUP 3585104 B25-0764 PLAN REVIEW SERVICES 1113999 68416 $ 157.50 162660 06/12/2026 INTERWEST CONSULTING GROUP 4019843 50 SARATOGA-LOS GATOS ROAD 1113999 68416 $ 300.00 162660 06/12/2026 INTERWEST CONSULTING GROUP 4019892 15349 LOS GATOS BOULEVARD 1113999 68416 $ 627.50
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 06-12-2026
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 162660 Total $ 2,105.00
162661 06/12/2026 JULIE LIN-FRISS 119 051426 LIBRARY PROGRAM 2617301 62424 $ 200.00 162661 Total $ 200.00
162662 06/12/2026 KIER & WRIGHT 322041 3/30/26-4/26/26 15349 LOS GATOS BLVD 1115999 68615 $ 645.00 162662 06/12/2026 KIER & WRIGHT 322045 3/30/26-4/26/26 16156 CAMINO DEL SOL 1115999 68615 $ 3,000.00 162662 06/12/2026 KIER & WRIGHT 322046 3/30/26-4/26/26 24 & 26 ROGERS STREET 1115999 68615 $ 2,629.50 162662 06/12/2026 KIER & WRIGHT 322047 3/30/26-4/26/26 15995 CERRO VISTA 1115999 68615 $ 3,000.00 162662 06/12/2026 KIER & WRIGHT 322048 16300 GREENRIDGE TERRACE 1115999 68615 $ 2,500.00 162662 Total $ 11,774.50
162663 06/12/2026 LISA WISE CONSULTING INC 5322 040126-043026 PERIOD 1113202 63219 $ 4,672.50 162663 Total $ 4,672.50
162664 06/12/2026 LOS GATOS TOWN EMPLOYEES FOUNDATION108876 LGTEF PPE 06/06/26 111 21264 $ 456.00 162664 Total $ 456.00
162665 06/12/2026 MAKIKO NIWA 008 061626 LIBRARY PROGRAM 2617301 62415 $ 261.00 162665 Total $ 261.00
162666 06/12/2026 METRO PUBLISHING 177602 052026 AD 1113202 62311 $ 451.00 162666 Total $ 451.00
162667 06/12/2026 MIDWEST MOTOR SUPPLY CO., INC. 104476659 SUPPLIES 1115402 61265 $ 2,934.76 162667 Total $ 2,934.76
162668 06/12/2026 MUSICALME INC STORYHR052726 052726 LIBRARY PROGRAM 2617301 62415 $ 150.00 162668 Total $ 150.00
162669 06/12/2026 O'BRIEN CODE CONSULTING, INC, 2026001040 B26-0258 73 MARIPOSA AVENUE 1113999 68416 $ 588.41 162669 06/12/2026 O'BRIEN CODE CONSULTING, INC, 2025001157TM B25-1153 752 & 754 POLLARD ROAD 1113999 68416 $ 240.00 162669 06/12/2026 O'BRIEN CODE CONSULTING, INC, 2025001158TM B25-1155 756 & 758 POLLARD ROAD 1113999 68416 $ 240.00 162669 Total $ 1,068.41
162670 06/12/2026 ODP BUSINESS SOLUTIONS 468476987001 SUPPLIES 1113201 61111 $ 56.01 162670 06/12/2026 ODP BUSINESS SOLUTIONS 469821378001 SUPPLIES 1114201 61111 $ 214.16 162670 06/12/2026 ODP BUSINESS SOLUTIONS 470070871001 SUPPLIES 6335423 61112 $ 20.54 162670 06/12/2026 ODP BUSINESS SOLUTIONS 470071356001 SUPPLIES 1115101 61111 $ 59.32 162670 06/12/2026 ODP BUSINESS SOLUTIONS 470124286001 SUPPLIES 1117101 61111 $ 59.32 162670 Total $ 409.35
162671 06/12/2026 ORCHARD CITY LOCK AND SAFE, INC. 87153 KEYS 6335423 61214 $ 15.36 162671 Total $ 15.36
162672 06/12/2026 HARRY HEBELER 060926 REIMB-FINGERPRINTING 1112201 64433 $ 49.00 162672 Total $ 49.00
162673 06/12/2026 JASON LIN 060926-1 REIMB-FINGERPRINTING 1112201 64433 $ 30.00 162673 Total $ 30.00
162674 06/12/2026 KATHRYN BURSCH 060926-2 REIMB-FINGERPRINTING 1112201 64433 $ 29.50 162674 Total $ 29.50
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 06-12-2026
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 162675 06/12/2026 NITIN SHARMA 051926 REFUND PARK RESERVATION 1115301 42511 $ 70.00 162675 Total $ 70.00
162676 06/12/2026 BRIAN WHITAKER 052626 REIMB-CERT/EOC NETWORK BUILD LAPTOPS 4118733 82405 $ 655.97 162676 Total $ 655.97
162677 06/12/2026 PACIFIC GAS & ELECTRIC 02259-060426 042926-052826 SERVICE 1115401 62621 $ 150.08 162677 06/12/2026 PACIFIC GAS & ELECTRIC 09379-060326 042826-052726 SERVICE 6335423 62611 $ 1,449.16 162677 06/12/2026 PACIFIC GAS & ELECTRIC 09379-060326 042826-052726 SERVICE 1115401 62621 $ 0.20 162677 06/12/2026 PACIFIC GAS & ELECTRIC 09379-060326 042826-052726 SERVICE 6335423 62612 $ 254.20 162677 06/12/2026 PACIFIC GAS & ELECTRIC 09379-060326 042826-052726 SERVICE 1111201 72111 $ 13,002.80 162677 06/12/2026 PACIFIC GAS & ELECTRIC 50296-060426 042826-052726 SERVICE 1115301 62611 $ 67.69 162677 06/12/2026 PACIFIC GAS & ELECTRIC 73663-052726 042126-051926 SERVICE 1115401 62621 $ 15,826.15 162677 06/12/2026 PACIFIC GAS & ELECTRIC 73832-060526 050626-060426 SERVICE 6335423 62612 $ 13.23 162677 Total $ 30,763.51
162678 06/12/2026 POLARIUM INC 255655 LGCT CLOSURE SIGNS 1115301 61214 $ 13.92 162678 Total $ 13.92
162679 06/12/2026 POLICE MANAGEMENT ASSOCIATION 108877 PMA DUES PPE 06/06/26 111 21265 $ 90.00 162679 Total $ 90.00
162680 06/12/2026 POLICE OFFICERS ASSOCIATION 108874 POA DUES PPE 06/06/26 111 21262 $ 1,620.00 162680 Total $ 1,620.00
162681 06/12/2026 RURAL SUPPLY HARDWARE INC 7137 SUPPLIES 1115301 61214 $ 11.60 162681 06/12/2026 RURAL SUPPLY HARDWARE INC 7171 SUPPLIES 1115401 61275 $ 13.16 162681 Total $ 24.76
162682 06/12/2026 SAN JOSE WATER COMPANY 04216-052726 042426-052126 SERVICE 1115301 62613 $ 2,027.60 162682 06/12/2026 SAN JOSE WATER COMPANY 06660-052726 042426-052126 SERVICE 6335423 62613 $ 1,515.54 162682 06/12/2026 SAN JOSE WATER COMPANY 08501-052726 042126-052126 SERVICE 1115301 62613 $ 1,167.66 162682 06/12/2026 SAN JOSE WATER COMPANY 22767-052726 042426-052126 SERVICE 1115301 62613 $ 7,616.37 162682 06/12/2026 SAN JOSE WATER COMPANY 36725-052726 042426-052126 SERVICE 1115301 62613 $ 1,104.98 162682 06/12/2026 SAN JOSE WATER COMPANY 49687-052726 042426-052126 SERVICE 6335423 62613 $ 2,098.98 162682 06/12/2026 SAN JOSE WATER COMPANY 49851-060526 040226-060226 SERVICE 6335423 62613 $ 965.89 162682 06/12/2026 SAN JOSE WATER COMPANY 55379-052726 042426-052226 SERVICE 1115301 62613 $ 2,444.45 162682 06/12/2026 SAN JOSE WATER COMPANY 69838-052726 042426-052126 SERVICE 1115301 62613 $ 2,207.67 162682 06/12/2026 SAN JOSE WATER COMPANY 79843-060526 040226-060226 SERVICE 6335423 62613 $ 1,189.18 162682 Total $ 22,338.32
162683 06/12/2026 SAN JOSE WATER COMPANY 05325-052726 042826-052726 SERVICE 6335423 62613 $ 165.68 162683 06/12/2026 SAN JOSE WATER COMPANY 09595-052726 042426-051926 SERVICE 1115301 62613 $ 636.27 162683 06/12/2026 SAN JOSE WATER COMPANY 10300-052726 042726-052426 SERVICE 2225203 62613 $ 759.24 162683 06/12/2026 SAN JOSE WATER COMPANY 15970-052726 042426-052226 SERVICE 1115301 62613 $ 377.23 162683 06/12/2026 SAN JOSE WATER COMPANY 28168-052726 042826-052726 SERVICE 2515408 62613 $ 210.86 162683 06/12/2026 SAN JOSE WATER COMPANY 60886-052726 042426-052126 SERVICE 1115301 62613 $ 680.01
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 06-12-2026
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 162683 06/12/2026 SAN JOSE WATER COMPANY 66752-052726 042426-052126 SERVICE 1115301 62613 $ 228.21 162683 06/12/2026 SAN JOSE WATER COMPANY 80684-052726 042426-052226 SERVICE 1115301 62613 $ 377.23 162683 06/12/2026 SAN JOSE WATER COMPANY 82653-052726 042826-052726 SERVICE 6335423 62613 $ 165.68 162683 06/12/2026 SAN JOSE WATER COMPANY 83824-052726 042426-052126 SERVICE 1115301 62613 $ 363.74 162683 Total $ 3,964.15
162684 06/12/2026 SAN JOSE WATER COMPANY 27204-052726 042826-052726 SERVICE 6335423 62613 $ 165.68 162684 06/12/2026 SAN JOSE WATER COMPANY 41134-052726 042826-052726 SERVICE 1115301 62613 $ 105.43 162684 06/12/2026 SAN JOSE WATER COMPANY 42179-052726 042826-052726 SERVICE 6335423 62613 $ 105.43 162684 06/12/2026 SAN JOSE WATER COMPANY 70771-052726 042826-052726 SERVICE 1115301 62613 $ 165.68 162684 06/12/2026 SAN JOSE WATER COMPANY 73060-052726 042826-052726 SERVICE 1115301 62613 $ 105.43 162684 06/12/2026 SAN JOSE WATER COMPANY 85995-052726 042826-052726 SERVICE 6335423 62613 $ 105.43 162684 Total $ 753.08
162685 06/12/2026 SCAN STRONG INC 1156 SCANNING CHARGES 1112401 62305 $ 225.00 162685 Total $ 225.00
162686 06/12/2026 SCHAAF & WHEELER, CONSULTING CIVIL ENG43342 BILLING THROUGH 043026 4618311 82303 $ 20,345.00 162686 Total $ 20,345.00
162687 06/12/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006936391 MAY 2026 ADS 1112301 62306 $ 44.07 162687 06/12/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006964166 MAY 2026 ADS 1113201 62311 $ 189.84 162687 06/12/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006964167 MAY 2026 ADS 1113201 62311 $ 189.84 162687 06/12/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006964169 MAY 2026 ADS 1113201 62311 $ 197.75 162687 06/12/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006964484 MAY 2026 ADS 1112301 62306 $ 375.16 162687 06/12/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006967563 MAY 2026 ADS 1113201 62311 $ 207.92 162687 06/12/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006969673 MAY 2026 ADS 1113201 62311 $ 192.10 162687 06/12/2026 SILICON VALLEY COMMUNITY NEWSPAPERS 0006969676 MAY 2026 ADS 1113201 62311 $ 205.66 162687 Total $ 1,602.34
162688 06/12/2026 STATE OF CALIFORNIA DEPT OF JUSTICE 042478 APRIL 2026 FINGERPRINTING 1112201 64433 $ 96.00 162688 Total $ 96.00
162689 06/12/2026 SUMMIT UNIFORMS LLC 41702 UNIFORMS 1114301 61165 $ 22.00 162689 06/12/2026 SUMMIT UNIFORMS LLC 41982 UNIFORMS 1114301 61165 $ 454.30 162689 06/12/2026 SUMMIT UNIFORMS LLC 41983 UNIFORMS 1114301 61165 $ 1,380.50 162689 Total $ 1,856.80
162690 06/12/2026 TOWN EMPLOYEES ASSOCIATION 108873 TEA DUES PPE 06/06/26 111 21261 $ 1,388.90 162690 Total $ 1,388.90
162691 06/12/2026 UNIVERSAL SITE SERVICES, INC. 199757 MAY 2026 SERVICES 1115302 63367 $ 4,949.73 162691 Total $ 4,949.73
162692 06/12/2026 VICKI L BLANDIN LG12-26 051326 PC MEETING 1113201 62310 $ 258.75 162692 06/12/2026 VICKI L BLANDIN LG13-26 051326 241 LOS GATOS BOULEVARD 1113999 68415 $ 213.75 162692 Total $ 472.50
162693 06/12/2026 WEST VALLEY STORMWATER AUTHORITY 2026-01L FY 2025-26 WVSA ASSESSMENT 2225203 62151 $ 19,165.00
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 06-12-2026
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 162693 Total $ 19,165.00
162694 06/12/2026 WESTERN STATES OIL COMPANY 397891 DELIVERY DATE 050426 1115402 61262 $ 1,498.99 162694 06/12/2026 WESTERN STATES OIL COMPANY 397946 FUEL DELIVERY 05-05-26 1115402 61262 $ 1,223.73 162694 Total $ 2,722.72
162695 06/12/2026 XIAO JUN LIU 530 052426 LIBRARY PROGRAM/BUS LICENSE FEE 1117101 61111 $ 85.31 162695 06/12/2026 XIAO JUN LIU 530 052426 LIBRARY PROGRAM/BUS LICENSE FEE 2617301 62424 $ 600.00 162695 Total $ 685.31
162696 06/12/2026 ZUMAR INDUSTRIES INC 57043 SUPPLIES 1115401 61212 $ 2,837.26 162696 Total $ 2,837.26
Grand Total $ 220,434.92
ITEM NO. 10.
Town of Los Gatos Check Date 06/12/26 Total Number of Employees Location
1101 - TOWN COUNCIL 1,425.00 5
1301 - TOWN ATTORNEY 15,977.00 2
2101 - TOWN MANAGER 34,548.00 6
2105 - EMERGENCY PREPAREDNESS 9,624.00 3
2106 - ECONOMIC VITALITY 7,825.00 2
2201 - HUMAN RESOURCES 26,465.00 4
2301 - FINANCE 51,550.00 9
2401 - CLERK ADMINISTRATION 19,417.00 3
2501 - INFORMATION TECHNOLOGY 32,194.00 3
3101 - COMMUNITY DEVELOPMENT 119,716.00 21
4101 - POLICE 487,974.00 62
5101 - PARKS AND PUBLIC WORKS 204,570.00 44
7101 - LIBRARY 70,364.00 25
Total Payroll by Location 1,081,649.00 189
ATTACHMENT 2 Page 151
ITEM NO. 10.
ACCOUNTS PAYABLE CHECK REGISTER
CHECK DATE 06-19-2026
CHECK NUMBER CHECK DATE VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 162697 06/19/2026 AMAZON CAPITAL SERVICES INC 13VVR3K1LRRG SUPPLIES 1114201 61251 $ 417.51 162697 06/19/2026 AMAZON CAPITAL SERVICES INC 16VN9CNL1X16 SUPPLIES 1115402 61265 $ 162.00 162697 06/19/2026 AMAZON CAPITAL SERVICES INC 1F9HXPG4GQ7P SUPPLIES 1117202 61192 $ 136.82 162697 06/19/2026 AMAZON CAPITAL SERVICES INC 1GLY1KKVVRJT SUPPLIES 1114301 61251 $ 123.61 162697 06/19/2026 AMAZON CAPITAL SERVICES INC 1KJFKYVGGCFK SUPPLIES 2617301 62421 $ 147.38 162697 06/19/2026 AMAZON CAPITAL SERVICES INC 1MMKNC74F93T SUPPLIES 1117201 61191 $ 251.26 162697 06/19/2026 AMAZON CAPITAL SERVICES INC 1QHWW9CGH9HV SUPPLIES 1114301 61136 $ 187.86 162697 06/19/2026 AMAZON CAPITAL SERVICES INC 1T1QKRRDFCY1 SUPPLIES 2617301 62424 $ 131.19 162697 06/19/2026 AMAZON CAPITAL SERVICES INC 1XTWWNNJ97CF SUPPLIES 1114201 62378 $ 923.53 162697 06/19/2026 AMAZON CAPITAL SERVICES INC 1XTWWNNJCD4J SUPPLIES 2617301 62424 $ 202.73 162697 Total $ 2,683.89
162698 06/19/2026 AMAZON CAPITAL SERVICES INC 1MRJVGY4GGY9 SUPPLIES 1114202 61111 $ 14.39 162698 06/19/2026 AMAZON CAPITAL SERVICES INC 1N1DHLMRRCJ3 SUPPLIES 1114301 61251 $ 87.36 162698 06/19/2026 AMAZON CAPITAL SERVICES INC 1QQ3XPCHD4R6 SUPPLIES 1115402 61265 $ 25.26 162698 06/19/2026 AMAZON CAPITAL SERVICES INC 1V33WQ3FKF9F SUPPLIES 1117201 61191 $ 14.50 162698 06/19/2026 AMAZON CAPITAL SERVICES INC 1WLRY33JX4ML SUPPLIES 1117201 61191 $ 17.53 162698 06/19/2026 AMAZON CAPITAL SERVICES INC 1Y734X4XFDVV SUPPLIES 1117201 61191 $ 18.12 162698 06/19/2026 AMAZON CAPITAL SERVICES INC 1Y734X4XFTVF SUPPLIES 2617301 62415 $ 75.66 162698 Total $ 252.82
162699 06/19/2026 AMERICAN FIDELITY ASSURANCE COMPANY 05-27-26 ACH'S NOT APPROVED FOR PAYROLL 111 21243 $ 5,937.48 162699 06/19/2026 AMERICAN FIDELITY ASSURANCE COMPANY 05-27-26 ACH'S NOT APPROVED FOR PAYROLL 111 21242 $ 16,994.35 162699 Total $ 22,931.83
162700 06/19/2026 AT&T CALNET 3 000025333225 050126-053126 SERVICE 1114201 62622 $ 428.26 162700 Total $ 428.26
162701 06/19/2026 BURKE, WILLIAMS, SORENSEN LLP 368488 SERVICES THROUGH 043026 1111301 63215 $ 9,651.00 162701 Total $ 9,651.00
162702 06/19/2026 CALIFORNIA DEPARTMENT OF TAX & L0035949649 ACCOUNT 044-031933 UNDERGROUND TANK 010125-123125 1115402 62215 $ 720.80 162702 Total $ 720.80
162703 06/19/2026 DEPARTMENT OF RESOURCES RECYCLING AND
RECOVERY
0000001713510 UNSPENT FUNDS CCP-23-383 1115302 43522 $ 423.11 162703 Total $ 423.11
162704 06/19/2026 CALTEX PLASTICS INC 297995 SUPPLIES 1115301 61233 $ 2,097.70 162704 Total $ 2,097.70
162705 06/19/2026 CAPITOL DEL GRANDE 4 INC 359533 AUTO PARTS 1115402 61265 $ 860.49 162705 06/19/2026 CAPITOL DEL GRANDE 4 INC 359533 AUTO PARTS 1115402 62378 $ 728.90 162705 Total $ 1,589.39
162706 06/19/2026 CARDIO PARTNERS INC 600331201 STRYKER LIFEPAK 6315421 81217 $ 52.50 162706 06/19/2026 CARDIO PARTNERS INC 600331201 STRYKER LIFEPAK 6315421 81217 $ 9,177.00 162706 Total $ 9,229.50
162707 06/19/2026 CLAUDIA Y MARTINEZ 060826 REIMB-WYSM TRAINING 1114301 64111 $ 202.17 162707 Total $ 202.17
162708 06/19/2026 COAST COUNTIES TRUCK & EQUIPMENT COMPANY 001275652P SUPPLIES 1115402 61265 $ 42.47 162708 Total $ 42.47
162709 06/19/2026 CRIME SCENE CLEANERS, INC. 97126 CAR #12 SERVICE 1114301 62392 $ 130.00 162709 Total $ 130.00
162710 06/19/2026 DANNY THOMAS PARTY RENTALS 36240 SPRING INTO GREEN 2026 1112106 62437 $ 7,341.17 162710 Total $ 7,341.17
ATTACHMENT 3