23-0606_BRIGHTVIEW LANDSCAPE SERVICES, INC._Amendment No. 5 to Personal Services Agreement61147.02100\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.
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]
June 8, 2023
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