23-0606_BRIGHTVIEW LANDSCAPE SERVICES, INC._Agenda Report_E6City 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: June 6, 2023
SUBJECT: Amendment No. 5 to the Personal Services Agreement for
Landscape Maintenance Services (Brightview Landscape Services,
Inc.)
RECOMMENDATION:
1.Approve and authorize the City Manager to execute Amendment No. 5 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, 2023, and ending June 30, 2025; and,
2.Waive the formal bidding process pursuant to Municipal Code Section 3-4.306(e)(3).
EXECUTIVE SUMMARY:
The current agreement for landscape maintenance services with Brightview Landscape
Services, Inc. (Brightview) expires on June 30, 2023 (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 contractor performance.
Subsequent extensions extended the Agreement to June 30, 2023 (Attachment 2).
Brightview has offered to continue providing services to the City for an additional two-year
term with no change to current pricing (Attachment 3). Due to current market conditions,
6/6/2023
E6
City Council Agenda Report
June 6, 2023
Page 2 of 3
a formal RFP/RFQ process would likely result in higher fees and possible reduction in
level of service. Consequently, it is recommended that the City Council authorize the City
Manager to execute Amendment No. 5 (Attachment 4) to the Personal Services
Agreement with Brightview for a term of two years beginning July 1, 2023, and ending
June 30, 2025, and waive the formal bidding process pursuant to Municipal Code Section
3-4.306(e)(3), which allows for an exception where the process is deemed not to be the
most cost-effective approach.
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 high quality service to the City for eight 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 eight years. Moreover,
numerous other Public Works Department priorities, capital projects, key retirements and
personnel changes would make it challenging to effectively train and oversee a new
contractor for such a critical service in the community. Additional benefits to the City of
retaining Brightview include familiarity with City facilities and unique features of service
areas, a proven track record of high-quality service, and flexibility 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 2023-2024 Operating Budget to
cover these operations. No increase in unit pricing would result from this action.
ENVIRONMENTAL IMPACT:
Not applicable.
CITY COUNCIL REVIEW:
• On March 2, 2021, the City Council adopted a Resolution waiving the formal
RFP/RFQ process; and approved and authorized the City Manager to execute
Amendment No. 4 to the Personal Services Agreement with Brightview Landscape
Services, Inc.
• 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.
City Council Agenda Report
June 6, 2023
Page 3 of 3
• 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, 3, 4
Attachment 3: Brightview Extension Request Letter
Attachment 4: Proposed Amendment No. 5
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
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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
61147.02100\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.
ATTACHMENT 2, Page 17 of 16
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]
ATTACHMENT 2, Page 18 of 16
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
ATTACHMENT 2, Page 19 of 16
ATTACHMENT 2, Page 20 of 16
ATTACHMENT 3 -- Page 1 of 1
61147.02100\31176536.1
AMENDMENT NO. 5
TO THE PERSONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO AND
BRIGHTVIEW LANDSCAPE SERVICES,
INC.
1.Parties and Date.
This Amendment No. 5 to the Personal Services Agreement is made and entered into
as of this 6th day of June, 2023, 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 30448 Rancho Viejo Road, San Juan Capistrano, California 92675 (“City”) and
BrightView Landscape Services, Inc., a Corporation with its principal place of business at
1900 S. Lewis Street, Anaheim, 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, one additional year pursuant to Amendment No. 3 on June
2, 2020 and two additional years pursuant to Amendment No. 4 on March 2, 2021. 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, 2023 and ending June 30, 2025.
3.Terms.
3.1 Amendment. The Agreement term under Section 2 of the Agreement, as
amended and extended by Amendment Nos. 1, 2 3 and 4, is hereby extended for two (2)
additional years commencing on July 1, 2023, and expiring June 30, 2025 (“Fifth 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 Fifth Renewal Term shall be at the rates and schedules attached hereto as
Exhibit “A”, which are incorporated herein by this reference.
ATTACHMENT 4 -- Page 1 of 4
61147.02100\31176536.1
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No.5,
all other provisions of the Agreement remain in full force and effect and shall govern the actions
of the parties under this Amendment No. 5. From and after the date of this Amendment No.
5, 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, Amendment No. 4
and this Amendment No. 5.
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. 5.
3.5 Severability. If any portion of this Amendment No. 5 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]
ATTACHMENT 4 -- Page 2 of 4
SIGNATURE PAGE FOR AMENDMENT NO. 5 TO PERSONAL
SERVICES AGREEMENT
BETWEEN THE CITY OF SAN J UAN
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
ATTACHMENT 4 -- Page 3 of 4
EXHIBIT A -- AMENDMENT NO. 5
RATE OF COMPENSATION -- FISCAL YEAR 23/24 AND 24/25
DESCRIPTION ANNUAL AMT.
MONTHLY LANDSCAPE MAINTENANCE-HEAD START FACILITY $88.22/MO.$1,058.64
MONTHLY LANDSCAPE MAINTENANCE P&M NON MOE $1,666/MO. - AREA #s 17,33,24,47,48,49,50,51,52,53,54,55 $19,992.00
MONTHLY LANDSCAPE MAINTENANCE-P&M $7,245.90/MO. - MOE ELIGIBLE $86,950.00
MONTHLY LANDSCAPE MAINTENANCE-COOK LA NOVIA PARK AND SPORT FIELDS $3,440.74/MO.$41,288.88
MONTHLY LANDSCAPE MAINTENANCE-COOK CORDOVA PARK AND SPORT FIELDS $2,701.56/MO $32,418.72
MONTHLY LANDSCAPE MAINTENANCE-ROUNDABOUT $400/MO.$4,800.00
MONTHLY LANDSCAPE MAINTENANCE-PARK N RIDE $430.18/MO.$5,162.16
MONTHLY LANDSCAPE MAINTENANCE-LOS RIOS PARK (I/II) $ 1,719.77/MO.$20,637.24
MONTHLY LANDSCAPE MAINTENANCE-OTHER ACU CANYON PARK AND SPORT FIELD $1,843.55/MO.$22,122.60
MONTHLY LANDSCAPE MAINTENANCE-STONE FIELD $1,549.25/MO.$18,591.00
MONTHLY LANDSCAPE MAINTENANCE-OPEN SPACE (2C/NW) $1,480.41/MO.$17,764.92
MONTHLY LANDSCAPE MAINTENANCE-SPORTS PARK $3,268.80/MO.$39,225.60
MONTHLY LANDSCAPE MAINTENANCE-MARCO FORSTER $4,159.09/MO.$49,909.08
MONTHLY LANDSCAPE MAINTENANCE-DOWNTOWN LOTS $668.89/MO.; DEL OBISPO/ORTEGA HWY & PLAYHOUSE LOTS
$450/MO.=$1,118.89 $13,426.68
MONTHLY LANDSCAPE MAINTENANCE-N. DEPOT PARKING LOT $139.18 /MO.$1,670.16
MONTHLY LANDSCAPE MAINTENANCE-MISSION WOODS $405.48/MO.$4,865.76
MONTHLY LANDSCAPE MAINTENANCE-MISSION SPRINGS $412.78/MO.$4,953.36
MONTHLY LANDSCAPE MAINTENANCE-SEAVIEW $609.55/MO.$7,314.60
MONTHLY LANDSCAPE MAINTENANCE-LOS CORRALES $489.50/MO.$5,874.00
MONTHLY LANDSCAPE MAINTENANCE-BELFORD TERRACE $515.01/MO.$6,180.12
MONTHLY LANDSCAPE MAINTENANCE-CAPISTRANO ROYALE $216.92/MO.$2,603.04
MONTHLY LANDSCAPE MAINTENANCE-REATA PARK & EVENT CENTER $5,689.28/MO.+ $700/MO. 2.4 ACRE PARCEL = $6,389.28/MO.$76,671.36
MONTHLY LANDSCAPE MAINTENANCE-FACILITIES $2,153.58/MO.$25,842.96
MONTHLY LANDSCAPE MAINTENANCE-DOG PARK $411.18/MO.$4,934.16
MONTHLY LANDSCAPE MAINTENANCE-PARKS 1-17 $7,755.88/MO. $93,070.56
MONTHLY LANDSCAPE MAINTENANCE-LITTLE HOLLYWOOD $684.68/MO.$8,216.16
MONTHLY LANDSCAPE MAINTENANCE-RAILROAD PLATFORM $18.19/MO.$218.28
MONTHLY LANDSCAPE MAINTENANCE-VERDUGO ST $525/MO.$6,300.00
NORTHWEST PARK (1,333.33/MO)$15,999.96
GATEWAY LANDSCAPE (650/MO - MEDIAN MOE ELIGIBLE )$7,800.00
GATEWAY CORNER (AT LOTS) LANDSCAPING (703/MO.)$8,436.00
AVENIDA CALIFORNIA FROM LAS RAMBLAS TO PASEO DEL PUERTO (1,215/MO)$14,580.00
ADDITIONAL LABOR HOURLY RATES
Supervisor, Per Hour $55.00
Maintenance Foreman, Per Hour $45.50
Maintenance Laborer, Per Hour $35.50
Irrigation Technician, Per Hour $55.00
Irrigation Helper, Per Hour $50.00
Pest Control Operator, Per Hour $68.00
Tree Trimmer, Per Hour $88.00
ATTACHMENT 4 -- Page 4 of 4