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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