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21-0302_BRIGHTVIEW LANDSCAPE SERVICES, INC_Agenda Report_E7City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: Benjamin Siegel, City Manager SUBMITTED BY: Thomas Toman, Public Works Director PREPARED BY: Jill Thomas, Senior Management Analyst DATE: March 2, 2021 SUBJECT: Resolution Waiving the Formal Request for Proposals/Request for Qualifications Process (RFP/RFQ), and Approval of Amendment No. 4 to the Personal Services Agreement for Landscape Maintenance Services (Brightview Landscape Services, Inc.) RECOMMENDATION: 1.Adopt a Resolution waiving the formal RFP/RFQ process; and, 2.Approve and authorize the City Manager to execute Amendment No. 4 to the Personal Services Agreement with Brightview Landscape Services, Inc., for landscape maintenance services at current unit pricing for an additional two-year term beginning July 1, 2021, and ending June 30, 2023. EXECUTIVE SUMMARY: The current agreement for landscape maintenance services with Brightview Landscape Services, Inc. expires on June 30, 2021 (Attachment 1). The original term of the agreement was for a three-year period that began on July 1, 2015, and provided for three, one-year optional extensions based on staff review of satisfactory contractor performance (Attachment 2). Staff has negotiated with Brightview to continue providing landscape maintenance services at current rates for an additional two-year term (Attachment 3). Consequently, staff is requesting an exception to the formal Request for Proposal/Request for Qualification (RFP/RFQ) procurement process. To approve this 3/2/2021 E7 City Council Agenda Report March 2, 2021 Page 2 of 3 exception, the City Council must adopt the attached Resolution (Attachment 4) waiving the formal RFP/RFQ procurement process for landscape maintenance services. It is also recommended that the City Council authorize the City Manager to execute Amendment No. 4 to the Personal Services Agreement (PSA) with Brightview for a term of two years beginning July 1, 2021, and ending June 30, 2023 (Attachment 5). All other existing terms, including current pricing, would remain in effect. DISCUSSION/ANALYSIS: The City’s agreement with Brightview provides for landscape maintenance services in City facilities, parks, parkways and medians, sports fields, parking lots, and open space areas. Brightview has provided exceptional service to the City for five years and has agreed to enter into a contract amendment that would hold constant existing terms and costs. Staff believes that a formal RFP/RFQ process would likely result in higher costs to the City since Brightview has already held its rates for five years. Additionally, given the general uncertainty of the current economic climate resulting from the COVID-19 pandemic and numerous other Public Works Department priorities that would make it challenging to train and oversee a new contractor, staff is recommending that the Council approve a contract amendment under the exceptions provided for in San Juan Capistrano Municipal Code Section 3-4.306(e)(3). This section provides an exception to the formal competitive process when said process is deemed not to be the most cost-effective approach. Additional benefits to the City by extending this agreement with Brightview include familiarity with City facilities and unique features of service areas, a proven track record of high quality service, and responsiveness to City needs and priorities. FISCAL IMPACT: The City spends approximately $700,000 annually for landscape maintenance services. There is sufficient funding in the proposed Fiscal Year 2021/2022 Operating Budget to cover the proposed contract extension, which will not result in an increase in unit pricing. ENVIRONMENTAL IMPACT: In accordance with the California Environmental Quality Act (CEQA), the recommended actions are exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Adopting a resolution waiving the formal RFP/RFQ process and approving and authorizing the City Manager to execute an Amendment for a two-year extension of the Personal Services Agreement for performance of landscape maintenance services would not be an activity with potential to cause significant effect on the environment and therefore is exempt from CEQA. City Council Agenda Report March 2, 2021 Page 3 of 3 CITY COUNCIL REVIEW: • On March 6, 2018, the City Council approved and authorized the City Manager to execute a Consent to Assignment Agreement between the City, Brightview Landscape Services Inc., and Marina Landscape Maintenance Inc., for Landscape Maintenance and Repair Services. • On May 19, 2015, the City Council approved a Personal Services Agreement with Marina Landscape Maintenance Inc. to perform landscape maintenance and repair services for City facilities, parks, parkways and medians, sports fields, open space, and landscape maintenance districts for a three-year period commencing on July 1, 2015, and authorized the City Manager to approve three, one year optional extensions based on staff review of satisfactory contractor performance. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item does not require commission, committee, or board review. NOTIFICATION: Brightview Landscape Services, Inc. ATTACHMENT(S): Attachment 1: Personal Services Agreement (May 19, 2015) Attachment 2: Amendments No. 1, 2, and 3 Attachment 3: Brightview Extension Request Letter Attachment 4: Proposed Resolution 21-03-02-XX Attachment 5: Proposed Amendment No. 4 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered Into, and shall become effective this lA^ay 2015, by and between the City of City of San Juan Capistrano (hereinafter \o as the "City") and Marina Landscape Maintenance, Inc. (hereinafter referred to offVXOJL referred as the "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor regarding the City's proposal to provide landscape maintenance and repair services for City Facilities, City Parks, City Parkways and Medians, City Sport Fields, Landscape Maintenance Districts, Los Rios Park, Open Space, and Reata Park and Event Center; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on July 1, 2015 and continue for a three year period of time with the option of three (3) one-year extensions. Agreement extensions shall be based on staff review of the Contractor performance and at the discretion of the City Manager. The Agreement will terminate on June 30, 2018, unless extended as provided herein. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating and capital improvement budget for landscape maintenance and repair services, payable at the rates as set forth in Exhibit "B", and Exhibit "C" Drought Response modifications as required, attached and incorporated herein by reference. The City shall issue purchase orders equal to the anticipated Contractor fees on an annual basis, which shall constitute the Contractor's authorization to proceed. ATTACHMENT 1, PAGE 1 OF 9 3.2 Method of Payment. Subject to Section 3.1, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved Invoices in accordance with this Section. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Contractor warrants that: (1) it has investigated the work to be performed; (2) it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 ATTACHMENT 1, PAGE 2 OF 9 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Contractor. Section 11. rRESERVEDT Section 12. rRESERVEDT Section 13. Indemnity. To the fullest extent permitted by law. Contractor agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's agents, officers, employees, subcontractors, or independent contractors hired by Contractor in the performance of the Agreement. The only exception to Contractor's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to 3 ATTACHMENT 1, PAGE 3 OF 9 the City. Contractor shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. Insurance Coverage Required. The policies and amounts of insurance required hereunder shall be as follows: 14.1. Comprehensive General Liability. Comprehensive General Liability Insurance which affords coverage including completed operations and contractual liability, with limits of liability of not less than $5,000,000 per occurrence and $5,000,000 annual aggregate for liability arising out of Contractor's performance of this Agreement. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage the limits combined with the primary will equal the minimum limits set forth above. If written with an aggregate, the aggregate shall be double the each occurrence limit. Such insurance shall be endorsed to: Name the City of San Juan Capistrano and its employees, representatives, officers and agents (collectively hereinafter "City and City Personnel") as additional insured for claims arising out of Contractor's performance of this Agreement. Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to City. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. 14.2 Automobile Liability. Automobile Liability Insurance with a limit of liability of not less than $5,000,000 each occurrence and $5,000,000 annual aggregate is required. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage the limits combined with the primary will equal the minimum limits set above. Such insurance shall include coverage for all "owned," "hired" and "non-owned" vehicles, or coverage for "any auto." Such insurance shall be endorsed to: Name the City of San Juan Capistrano and its employees, representatives, officers and agents as additional Insured for claims arising out of Contractor's performance of this Agreement. Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to City. 4 ATTACHMENT 1, PAGE 4 OF 9 A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. 14.3 Workers' Compensation. Workers' Compensation Insurance in accordance with the Labor Code of California and covering all employees of the Contractor providing any service in the performance of this agreement is required. Such insurance shall be endorsed to: Waive the insurer's right of Subrogation against the City and City Personnel. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. 14.4 Evidence of Insurance. Contractor shall provide to City a Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements at least fifteen (15) business days prior to the expiration of any policy. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to City by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided. Signed insurance certificates, endorsements and the general liability declaration page must be sent via email from Contractor's insurance broker/agent to the City at mmorris@sanjuancapistrano.org. Certificate Holder: City of San Juan Capistrano, California 32400 Paseo Adelanto San Juan Capistrano, CA 92675 14.5 Endorsements. A statement on an insurance certificate will not be accepted In lieu of the actual endorsement. Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. Additional Insured Endorsements shall not: 1. Be limited to "Ongoing Operations" 2. Exclude "Contractual Liability" 3. Restrict coverage to the "Sole" liability of Contractor 4. Contain any other exclusion contrary to the Agreement. 14.6 Deductible. 5 ATTACHMENT 1, PAGE 5 OF 9 Any Deductible in Excess of $50,000 and/or Self-Insured Retentions must be approved in writing by the City. 14.7 Acceptability of Insurers. Each policy shall be from a company with current A.M. Best's rating of A VII or higher and authorized to do business in the State of California or approved in writing by the City. 14.8. Insurance of Subcontractors. Contractor shall be responsible for causing Subcontractors to maintain the same types and limits of coverage in compliance with this Agreement, including naming the City as an additional insured to the Subcontractor's policies. 14.9 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.10 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.11 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all Insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Contractor. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 6 ATTACHMENT 1, PAGE 6 OF 9 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten To Contractor: Marina Landscape Maintenance, Inc. 1900 S. Lewis Street Anaheim, CA 92805 Attn: Robert B. Cowan Section 17. Prevailing Wages. Contractor hereby expressly acknowledges and agrees that the City has not previously affirmatively represented to the Contractor in writing or otherwise, in a call for bids or otherwise, that the work to be covered by this Agreement Is not a "public work," as defined in Section 1720 of the Labor Code. Contractor shall indemnify, protect, defend and hold harmless the City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense and/or "increased costs" (including reasonable attorneys' fees, court and litigation costs, and fees of expert witnesses) which, in connection with the work contemplated by this Agreement, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: (1) the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages and hire apprentices); (2) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (3) failure by Contractor to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the parties that, in connection with the work contemplated by this Agreement, including, without limitation, any and all public works (as defined by applicable law). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. "Increased costs," as used in this paragraph, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the work by Contractor. 7 ATTACHMENT 1, PAGE 7 OF 9 Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and has the same force and effect as if they were original signatures. 8 ATTACHMENT 1, PAGE 8 OF 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ^^^^^^!^^^ ^^^^^^^^^^^^^ By: Derek Reeve, Mayor CONTRACTOR Contractor APPROVED AS TO FORM: Cit/Att0fTi6y ^ 9 ATTACHMENT 1, PAGE 9 OF 9 PERSONAL SERVICES AGREEMENT TERM EXTENSION #1 ATTACHMENT 2, PAGE 1 OF 16 Amendment #1 - Letter Extension ATTACHMENT 2, PAGE 2 OF 16 ATTACHMENT 2, PAGE 3 OF 16 PERSONAL SERVICES AGREEMENT TERM EXTENSION #2 ATTACHMENT 2, PAGE 4 OF 16 AMENDMENT NO. 2 TO THE PERSONAL SERVICES AGREEMENT l. Parties and Date. BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND BRIGHTVIEW LANDSCAPE SERVICES, INC. This Amendment No . 2 to lhc Personal Services Agreement is made and entered into as of this 3 nl day of June, 20 J 9, by nnd between the City of San Juan Capistrano , a municipal organization organized under the laws of t\1e State of Califr>rnia with its principal plac e of business at 32400 Pasco Adelanto, San Juan Capistrano, California 92675 ('"City'') and BrightView Landscape Services, Inc., a California corporation with its principal place of bu siness at 1900 S. Lewis Street, Anaheim, California 928 0 5 (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 Am · ndmcnt Pur po . e. 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 '}The City and Contractor desire to amend the Agreement to further extend the term of the Agreement for an additionnl one-year period beginning July l, 20 t 9, and ending June 30, 2020. 3. Terms. 3. I me ndme nt. Section 2 of the Agreement is hereby amended to extend the tenn for one (l) additional year commencing on July 1, 2019 , and expiring June 30, 2020 ( .. Second Renewal Tenn"). unless earlier tenninaled or further extended pursuant to the terms of the Agreement. 3.2. Amc1td menL Compensation for services performed by Contractor dUiing the Second Renewal Tenn shall be at the rates and schedules attached hereto as Attachment ''A''. which are incorporated herein by this reference. 3.3 Continui ng Eff··cl of Agreeme nt. Except as amended by this Amendment No. 2, all 6114 7 .02100\32079526.1 ATTACHMENT 2, PAGE 5 OF 16 other provisions of the Agreement remain in full force and effect and shall govern the actions of the patiies under thi~ Amendment No. 2. From and after the date of this Amendment No. 2, whenever the tenn "Agreement" appears in the Agreement, it shall mean the Agreement as amended by Amendment No. I and this Amendment No. 2. 3.4 Adeq uate ons iclerntion. 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. 2. 3.5 Sevornbi li tv. lf any po1tion of this Amendment No. 2 is declared invalid, ilkgal, or otherwise unenforceable by a cou1.1 of competent jurisdiction, the remaining provisions shall continue in full force and effect. (Signatures on Next Page} 61147.02100\32079526.1 ATTACHMENT 2, PAGE 6 OF 16 SIGNATURE PAGE TO AMENDMENT NO. 2 TO THE PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND BRIGHTVIEW LANDSCAPE SERVICES, INC. CITY OF SAN JUAN CAPISTRANO Approved By: BRIGHTVIEW LANDSCAPE SERVICES, INC. Title wf s /2A/,, Date 1 1 Approved As To Form : 61147.02100\32079526.1 ATTACHMENT 2, PAGE 7 OF 16 Attachment A Atleh. A, pg. I ATTACHMENT 2, PAGE 8 OF 16 Attch. A, pg. 2 ATTACHMENT 2, PAGE 9 OF 16 I J ~ ' i i Attch. A, pg. 3 l l • . t ~ .. I .. . h j H :.11 : !I! ; 1'#Jllrj~11>UNllJlD :I ........ i •I il gl d r." -i--- , . ATTACHMENT 2, PAGE 10 OF 16 PERSONAL SERVICES AGREEMENT TERM EXTENSION #3 ATTACHMENT 2, PAGE 11 OF 16 ATTACHMENT 2, PAGE 12 OF 16 ATTACHMENT 2, PAGE 13 OF 16 ATTACHMENT 2, PAGE 14 OF 16 ATTACHMENT 2, PAGE 15 OF 16 ATTACHMENT 2, PAGE 16 OF 16 ATTACHMENT 3, PAGE 1 OF 1 RESOLUTION NO. 21-03-02-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO WAIVE THE FORMAL REQUEST FOR PROPOSAL/REQUEST FOR QUALIFICATION (RFP/RFQ) PROCESS AS A NON COST-EFFECTIVE APPROACH, AND AUTHORIZING STAFF TO PROCEED WITH AN AMENDMENT TO THE EXISTING PERSONAL SERVICES AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES, INC., FOR GENERAL LANDSCAPE MAINTENANCE SERVICES WHEREAS, the City entered into a Personal Services Agreement with Brightview Landscape Services, Inc., for general landscape services on May 19, 2015 (“Agreement”); and WHEREAS, the Agreement is presently set to expire on June 30, 2021, and WHEREAS, the City wishes to extend the term of the Agreement to June 30, 2023; and WHEREAS, landscape maintenance improves the quality of life and ensures an aesthetically pleasing environment for residents and visitors of the community; and WHEREAS, Section 3-4.304 of the San Juan Capistrano Municipal Code provides that maintenance services contracts over $25,000 are subject to a formal RFP/RFQ bid process; and WHEREAS, Section 3-4.306(e)(3) of the San Juan Capistrano Municipal Code provides an exception to the formal RFP/RFQ process where the process is deemed not to be the most cost-effective approach; and WHEREAS, undergoing a formal RFP/RFQ process for landscape maintenance services would not be the most cost-effective approach given the current economic climate of uncertainty due to the COVID-19 pandemic, and given that Brightview has not increased unit prices for five years; and WHEREAS, Brightview Landscaping, Inc is extremely familiar with the City’s landscape maintenance needs, has indicated that it will hold existing pricing for two years; has historical knowledge and understands unique nuances of service areas; has demonstrated great flexibility to meet service requirements; requires minimal staff oversight and supervision; has provided excellent service to the City; has a strong understanding of various requirements of the City and is able to perform the services necessary to comply with directives from City staff; and, can immediately begin performing services without any substantive ramp up time. ATTACHMENT 4, PAGE 1 OF 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, HEREBY RESOLVES, FINDS AND DETERMINES AS FOLLOWS: 1.That the foregoing recitals are true and correct and incorporated herein by this reference. 2. That undergoing a formal RFP/RFQ process at this time for landscape maintenance services would not be the most cost-effective approach. . 3.That Amendment No.4 to the Agreement extending the term of the Agreement is hereby approved. 4.That the City Manager or his designee is hereby authorized to execute Amendment No. 4 to the Agreement. PASSED, APPROVED, and ADOPTED is 2nd Day of March, 2021. ________________________ John Taylor, Mayor ____________________________ Maria Morris, City Clerk ATTACHMENT 4, PAGE 2 OF 2 ATTACHMENT 5, PAGE 1 OF 4 ATTACHMENT 5, PAGE 2 OF 4 ATTACHMENT 5, PAGE 3 OF 4 ATTACHMENT 5, PAGE 4 OF 4