FIRST AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES FOR
LANDSCAPE MAINTENANCE
This First Amendment to the Agreement for Maintenance Services for Landscape of City Properties West of I-5 (this “First Amendment”) is made and entered into on this ___ day of _____________, 2026, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Priority Landscape Services, LLC, a California limited liability company, with its principal place of business located at 1524 West Mable Street, Anaheim, California 92802 (“Contractor”).
R E C I T A L S:
City and Contractor entered into that certain Agreement for Maintenance Services for Landscape of City Properties West of I-5 (the “Agreement”) on June 20, 2023.
Section 3.1.2 of the Agreement specifies an initial term of July 1, 2023, through June 30, 2026, with the option to extend the total Agreement term by up to two (2) one-year extensions.
City and Contractor desire to amend the Agreement to exercise the first one-year term extension, to provide for maintenance services for City Properties West of I-5 from July 1, 2026 to June 30, 2027.
Section 3.3.5 of the Agreement specifies the rate set forth may be adjusted each year at the time of renewal.
Contractor submitted a proposal dated May 5, 2026 requesting to increase the annual cost by three percent (3.4%) for this first one-year term extension.
City and Contractor desire to amend the Agreement to apply a 3.4% CPI cost increase and increasing the Total Per Year base cost from $477,000.00 for the initial term, to $493,218.00 for the first one-year term extension of July 1, 2027 through June 30, 2027, plus $125,000.00 in supplemental services, for a total not to exceed Per Year cost of $618,218.00.
City and Contractor desire to amend the Agreement in the manner provided herein.
Covenants
The Parties agree as follows:
Section 1: Section 3.1.2 of the Agreement titled “Term” is hereby deleted and replaced in its entirety with the following:
3.1.2 Term.
The term of the Agreement shall be from July 1, 2023 and shall continue and remain in effect until June 30, 2027, unless terminated earlier as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for one (1) additional one-year extension. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
Section 2: Section 3.3.1 of the Agreement titled “Compensation” is hereby deleted and replaced in its entirety with the following:
3.3.1 Compensation.
Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Contractor's Bid Proposal Form in Exhibit “A” attached hereto and incorporated herein by reference. The annual compensation for the initial term through June 30, 2026 shall not exceed Four Hundred Seventy-Seven Thousand Dollars and Zero Cents ($477,000.00), plus a One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00) annual contingency, for a total not to exceed per year cost of Six Hundred Two Thousand Dollars and Zero Cents ($602,000.00), without prior written approval of City Council or City Manager, as appropriate. The annual compensation for the First Amendment to the Agreement, exercising the first one-year term extension from July 1, 2026 through June 30, 2027, shall not exceed Four Hundred Ninety-Three Thousand Two Hundred Eighteen Dollars ($493,218.00), plus a One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00) annual contingency, for a total not to exceed per year cost of of Six Hundred Eighteen Thousand Two Hundred Eighteen Dollars and Zero Cents ($618,218.00), without prior written approval of City Council or City Manager, as appropriate. Extra Work may be previously authorized in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.
Section 3: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures and effective as of the date first entered above.
CITY OF SAN CLEMENTE
By:____________________________
Andy Hall, City Manager
ATTEST: Dated:_______________, 2026
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
PRIORITY LANDSCAPE SERVICES, LLC,
a California Corporation
(“CONTRACTOR”)
By:
Simon C. Rocha, Manager/Member
Dated: _________________, 2026
Exhibit “A”
BID Proposal form
(Included on the following pages)
CITY OF SAN CLEMENTE
Landscape Maintenance of City Parks/Properties – West of I-5 For City Parks/Properties Located on Coastal Side of Interstate 5 Bid Form (Page 1 of 4)
This is to be a three (3) year contract or major portion thereof, based on the City’s fiscal year beginning July 1 of each year and ending on June 30 of the following year, with an initial contract term of July 1, 2023through June 30, 2026. The City may choose to extend the Contract term at the City’s sole discretion and by mutual consent of the City and Contractor, with the option of two one-year extensions for a potential total contract term of five years.
The undersigned certifies that all documents related to this proposal have been read and understands all terms and conditions related thereto; and, in conformity with the terms and conditions, does hereby propose to the City of San Clemente as follows:
Unit Costs For Extra Work
The Contractor agrees that for requested and/or required changes in the scope of work, including additions and deletions on work not performed, the Contract Sum shall be adjusted in accordance with the following unit prices, where the City elects to use this method in determining costs.
Contractor is advised that the unit prices shall enter into the determination of the successful Contractor. Unreasonable prices may result in rejection of the entire proposal. Unit prices listed below refer to all items maintained or installed and include all costs connected with such items; including but not limited to, specified materials, labor, overhead and profit for Contractor and/or Subcontractors.
The unit price quoted by the Contractor shall be those unit prices that shall be charged or credited for labor and materials to be provided regardless of the total number of units and/or amount of labor required for added or deleted items of work.
All work shall be performed in accordance with specifications. 4904-6261-5383 v1 2 of 3 05/06/26
i:\cy\secure\maintservices\contracts - new 2018 & newer\- 2026 extensions - for 06.30.26 expirations\..1st extensions 2026\2 - lndscp mnt - west\draft first amdt to msa - lndscp west of i-5 - c23-34 km 05.06.26.docx Attachment 5