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20-0602_BRIGHTVIEW LANDSCAPE SERVICES, INC_Amendment No. 3 to Personal Services Agr32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 493-1053 FAx N'wv'satyuanc ajnbrr.NO.0'g TRANSMITTAL TO: Brightview Landscape Services, Inc. 1900 S. Lewis Street Anaheim, CA 92805 DATE: April 11, 2020 FROM: Christy Jakl, Assistant City Clerk (949) 443-6310 MEMBER$ O lHE CT' COUNCIL TROY BOURNE SERGIO FARIAS BRIAN L. MARYOTT DEREK REEVE JOHN TAYLOR RE: Amendment No. 3 to Personal Services Agreement City-wide General Landscape Services Thank you for maintaining documentation confirming compliance with the terms of this agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please Jill Thomas, Senior Management Analyst at (949) 443-6362. An executed agreement is enclosed for your records. Cc: Jill Thomas, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future 0 P . _ 1. eerycbG ' AMENDMENT NO.3 TO THE PERSONAL SERVICES AGREEMENT 11.1 A WIN D1 BQI THE CITY OF SAN JUAN CAPISTRANO AND BRIGHTVIEW LANDSCAPE SERVICES, INC. 1. Parties and Date. This Amendment No. 3 to the Personal Services Agreement is made and entered into as of this 2"d day of June, 2020, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and BrightView Landscape Services, Inc., a Corporation with its principal place of business at 1900 S. Lewis Street, A n a h e i m , California 92805 (Contractor). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Contractor. The City and Contractor have entered into an agreement entitled Personal Services Agreement dated May 19, 2015 ("Agreement") for the purpose of retaining the services of Contractor to provide custodial maintenance services for: Citywide - General Landscape Services. 2.2 Amendment Purpose. The City and Contractor previously amended the Agreement to extend the term for one additional year pursuant to Letter Amendment No. 1 to the Agreement, dated April 4, 2018 ("Amendment No. 1 ") and one additional year pursuant to Amendment No. 2 on June 3, 2019. The City and Contractor desire to amend the Agreement to further extend the term of the Agreement for an additional one-year period beginning July 1, 2020 and ending June 30, 2021. 3. Terms. 3.1 Amendment. The Agreement term under Section 2 of the Agreement, as amended and extended by Amendment No. 2, is hereby extended for one (1) additional year commencing on J u 1 y 1, 2020, and expiring June 30, 2021 ("Third Renewal Term"), unless earlier terminated or further extended pursuant to the terms of the Agreement. 3.2. Amendment. Compensation for services performed by Contractor under this Agreement during the Third Renewal Term shall be at the rates and schedules attached hereto as Exhibit "A", which are incorporated herein by this reference. FItd7minnvtI1Nr%!;A 1 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No.3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by Amendment No. 1, Amendment No. 2, and this Amendment No. 3. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the, obligations they have undertaken pursuant to this Amendment No. 3. 3.5 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] 61147.02100\31176536.1 SIGNATURE PAGE FOR AMENDMENT NO.3 TO PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND BRIGIITVIEW LANDSCAPE SERVICES, INC. CITY OF SAN JUAN CAPISTRANO Approved By., Benjamin Siegel City Manager Date Attested By. Maria Morris, City Clerk ApprovedApproved As To Form. 1 City A om BRIGHTVIEW LANDSCAPE SERVICES, INC. aleSi �)&-r.v Name Title 3 ZAP SIGNATURE PAGE FOR AMENDMENT NO. 3 TO PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND BRIGIITVIEW LANDSCAPE SERVICES, INC. CITY OF SAN JUAN CAPISTRANO BRIGHTVIEW LANDSCAPE SERVICES, Approved By. INC. Be' in Sir Signature dy Manager y. I-" Date Name Atte to i Title ria Moft, 40ity Clerk Date Approved As To Form: 1 C) .w J3 4 - City A om el EXHIBITA AMENDMENT NO.3 RENEWAL TERM RATES FISCAL YEAR 2020/2021 ANNUALAMT. MONTHLY LANDSCAPE MAINTENANCE -HEAD START iMLT'$80.22/MO. S 1,058.64 MONTHLY LANDSCAPE MAINTENANCE PBM NON MOE $1,6fi6/MO.-AREA Its$ 3),33,24,4),48,49,50,51,52,53,56,55 19,992.00 MONTHLY LANDSCAPE MAINTENANCE-P&M $7,420.90/MO.-MOE ELIGIBLE $ 69,050.80 NOVIA PARK AND SPORT FIELDS 53,4.)4/MO. MONTHLY LANDSCAPE MAINTENANCE{DON GW $ 41,266.88 MONTHLY LANDSCAPE MAINIENANCE{OOK COflDOVA PARK AND SPORT FIELD$$3,)0].56/MO $ 32,418.72 MONTHLY IANDSGPE MAINTENANCE -ROUNDABOUT $400/MO. $ 4,800.00 MONTHLY LANDSCAPE MAINTENANCE-PARKN RIDE $430.10/M0. $ 5,162.16 MONTHLY LANDSCAPE MAINTENANCE -LOS BIOS PARK O/33)$1,)19.))/M0. f 20,637.24 MONTHLY LANDSCAPE MAINTENANCE-0TXERAN CANYON PARK AND SPORT NEO]$1,843.55/MD. f 22,122.fi0 MONTHLY LANDSCAPE MAINTENANCE -STONE iIEL051,549.25/MO, f 18,591.00 MONTHLY LANDSCAPE MAINTENANCE -OPEN SPACE (2C/NW) $1,490.41/MO. S 17,764.92 LANDSCAPE NDSPE MAINTENANCESPORTS PARK $3,268.80/MO. $ 39,225.60 MONTHLY NDSGPE MAINTENANCE -MARGO FO0.STE0.54,159.09/MO. G $ 49,909.08 MONTHLY LANDSCAPE MAINTENANCE -DOWNTOWN LOTS $660.89/MO.; DEL OBISPO/ORTEGA NWY& PLAYHOUSE LOTS $450/MO: $1,110.09 f 13,426.68 MONTHLY LANDSCAPE MAINTENANCE -N, DEPOT PARKING LOT $139.18 /MO. $ 1,670.16 LANDSCAPE NDSPE MAINTENANCE -MISSION W00055405Ag/MO. $ 0,865.71 MONTHLY lANDSGPE MAINTENANCE -MISSION SPRINGS$012.)g/M0. $ 4,953.36 MONTHLY LANDSCAPE MAINTENANCE-$GVIEW $609.55/MO. S 7,314.59 MONTHLY IANDSGPE MAINTENANCE-LO$CORRALES $089.50/M0. $ 5,874.01 MONTHLY LANDSCAPE MAINTENANCE-BELFORD TERRACE 6515.01/6,10. $ 6,180.12 NIGHTLY LANDSCAPE MAINTENANCECAPISTRANO ROYALE $433.83/M0. f 5,205.96 MONTHLY LANDSCAPE MAINTENANCE-REATA PARK &EVENT CENTER $5,689.20/MO.+$>GD/MO.2A ACRE PARCEL= $6,389.28/MO. S 76,671.36 MONTHLY LANDSCAPE MAINZANCE-FACILITIES $2,603.58/M0. S 31,242.96 MONTHLY LANDSGPE MNNTENANCE-DOG PARK $411.18/MO. $ 4,936.16 MONTHLY LAN0.5GPE MAINTENANCE -PARKS 11)$),)55.88/M0. S 93,070.56 MONTHLY LANDSCAPE MAINTENANCE-LNTLE HOLLVW00056&.fig/M0. $ 8,216.16 MISSION HILLS PUMP STATION $72.79/M0. $ 873.48 MONTHLY LANDSCAPE MAINTENANCE -RAILROAD PLATFORM S10.19/M0. S 218.29 $ 636,)39.14 bnalar-30/i1 ptltlbw Gateway Landswpin6 S 7,800.00 Vista Park $ 5,000.00 Northwest Park (based an 1.4 acres 10/19) $ 16,000.00 VeNugo Eapanded $ 6,300.00 Avenida California(lBS Rambles to Valle Rd) $ 14,580.00 $ 676,419.24 SuPewlsor $5100 hr. MalntenaoR Poreman $4150 hr. Mtlntenanm Leberer $35.50 hr. Vrlaatlon T4Nniclan $SS.W hr. I Mptlon.01, $50 W hr, Pertiuntral OperaWl $68.00 hr. Tree Trimmat WW hr.