21-0302_BRIGHTVIEW LANDSCAPE SERVICES, INC_Amendment No. 4 to Personal Services Agr61147.02100\31176536.1
61147.02100\31176536.1
AMENDMENT NO. 4
TO THE PERSONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
BRIGHTVIEW LANDSCAPE
SERVICES, INC.
1. Parties and Date.
This Amendment No. 4 to the Personal Services Agreement is made and entered into as of
this 2 nd day of March, 2021, 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 landscape 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”), one additional year pursuant to Amendment No. 2 on June
3, 2019, and one additional year pursuant to Amendment No. 3 on June 2, 2020. The City and
Contractor desire to amend the Agreement to further extend the term of the Agreement for an
additional two-year period beginning July 1, 2021 and ending June 30, 2023.
3. Terms.
3.1 Amendment. The Agreement term under Section 2 of the Agreement, as amended
and extended by Amendment Nos. 1, 2 and 3, is hereby extended for two (2) additional years
commencing on J u l y 1, 2021, and expiring June 30, 2023 (“Fourth 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 Fourth Renewal Term shall be at the rates and schedules attached hereto as Exhibit “A”,
which are incorporated herein by this reference.
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No.4, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever
the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by
Amendment No. 1, Amendment No. 2, Amendment No. 3, and this Amendment No. 4.
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. 4.
3.5 Severability. If any portion of this Amendment No. 4 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]
SIGNATURE PAGE FOR AMENDMENT NO. 4 TO PERSONAL
SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN
CAPISTRANO AND BRIGHTVIEW
LANDSCAPE SERVICES, INC.
CITY OF SAN JUAN CAPISTRANO
Approved By:
Benjamin Siegel
City Manager
Date
Attested By:
Maria Morris, City Clerk
Approved As To Form:
City Attorney
BRIGHTVIEW LANDSCAPE SERVICES,
INC.
Signature
Name
Title
Date
Po Chen
Vice President & General Manager
03/10/21
3/18/2021