HomeMy WebLinkAboutC2020-079 - Verde Valley Landscaping Contract No. 2020-079
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
LALLA SALMA,LLC.
D/B/A
VERDE VALLEY LANDSCAPING
THIS PROFESSIONAL SERVICES AGREEMENT(this"Agreement") is entered into as
of June 16, 2020, between the Town of Fountain Hills, an Arizona municipal corporation (the
"Town")and Verde Valley Nursery, Inc.,d/b/a Verde Valley Landscaping,an Arizona corporation
(the"Vendor").
RECITALS
A. The Town issued a Request for Proposals, RFP No. 2020-079 (the "RFP"), a copy
of which is on file with the Town and incorporated herein by reference, seeking proposals from
vendors interested in providing landscaping services for the Cottonwoods Maintenance District
(the"Services").
B. The Vendor responded to the RFP by submitting a bid (the "Bid"), attached hereto
as Exhibit A and incorporated herein by reference.
C. The Town desires to enter into an Agreement with the Vendor to perform the
Services, as set forth below.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Vendor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until June 15, 2021 (the "Initial Term"), unless
terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this
Agreement may be renewed for up four successive one-year terms (the "Renewal Term") if(i) it
is deemed in the best interests of the Town, subject to availability and appropriation of funds for
renewal,(ii)at least 30 days prior to the end of the then-current term of this Agreement,the Vendor
requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town
approves the additional one-year term in writing(including any price adjustments approved as part
of this Agreement), as evidenced by the Town Manager's signature thereon, which approval may
be withheld by the Town for any reason. The Vendor's failure to seek a renewal of this Agreement
shall cause this Agreement to terminate at the end of the then-current term of this Agreement;
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provided, however, that the Town may, at its discretion and with the agreement of the Vendor,
elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term
are collectively referred to herein as the "Term." Upon renewal, the terms and conditions of this
Agreement shall remain in full force and effect.
2. Scope of Work. Vendor shall provide the Services as set forth in the Bid attached
hereto as Exhibit A.
3. Compensation. The Town shall pay the Vendor an annual amount not to exceed
$4,800, at the rates set forth in the Bid attached hereto as Exhibit A. The aggregate amount of this
agreement, inclusive of all Renewal Terms, shall not exceed $24,500, $500.00 of which shall be
an owners' allowance, at the rates set forth in the Bid attached hereto as Exhibit A.
4. Payments. The Town shall pay the Vendor monthly, based upon work performed
and completed to date, and upon submission and approval of invoices. All invoices shall document
and itemize all work completed to date. Each invoice statement shall include a record of time
expended and work performed in sufficient detail to justify payment. This Agreement must be
referenced on all invoices.
5. Documents. All documents, including any intellectual property rights thereto,
prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town.
6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable
of and devoted to the successful performance of the Services under this Agreement. Vendor agrees
to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to
hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement
of the Services to be performed under this Agreement, key personnel shall not be removed or
replaced without prior written notice to the Town. If key personnel are not available to perform
the Services for a continuous period exceeding 30 calendar days, or are expected to devote
substantially less effort to the Services than initially anticipated, Vendor shall immediately notify
the Town of same and shall, subject to the concurrence of the Town, replace such personnel with
personnel possessing substantially equal ability and qualifications.
7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by
the Town at reasonable times during Vendor's performance. The Vendor shall provide and
maintain a self-inspection system that is acceptable to the Town.
8. Licenses; Materials. Vendor shall maintain in current status all federal, state and
local licenses and permits required for the operation of the business conducted by the Vendor. The
Town has no obligation to provide Vendor, its employees or subcontractors any business
registrations or licenses required to perform the specific services set forth in this Agreement. The
Town has no obligation to provide tools, equipment or material to Vendor.
9. Performance Warranty. Vendor warrants that the Services rendered will conform
to the requirements of this Agreement and with the care and skill ordinarily used by members of
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the same profession practicing under similar circumstances at the same time and in the same
locality.
10. Indemnification. To the fullest extent permitted by law, the Vendor shall
indemnify, defend and hold harmless the Town and each council member, officer, employee or
agent thereof(the Town and any such person being herein called an "Indemnified Party"), for,
from and against any and all losses,claims,damages,liabilities,costs and expenses(including,but
not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to
which any such Indemnified Party may become subject, under any theory of liability whatsoever
("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are
caused by or based upon the negligent acts, intentional misconduct, errors,mistakes or omissions,
breach of contract, in connection with the work or services of the Vendor, its officers, employees,
agents, or any tier of subcontractor in the performance of this Agreement. The amount and type
of insurance coverage requirements set forth below will in no way be construed as limiting the
scope of the indemnity in this Section.
11. Insurance.
11.1 General.
A. Insurer Qualifications. Without limiting any obligations or
liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter
stipulated minimum insurance with insurance companies authorized to do business in the
State of Arizona pursuant to ARIz. REV. STAT. § 20-206, as amended, with an AM Best,
Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to
maintain insurance as specified herein may result in termination of this Agreement at the
Town's option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Vendor. The Town reserves the right to review any and all of the insurance policies and/or
endorsements cited in this Agreement but has no obligation to do so. Failure to demand
such evidence of full compliance with the insurance requirements set forth in this
Agreement or failure to identify any insurance deficiency shall not relieve Vendor from,
nor be construed or deemed a waiver of, its obligation to maintain the required insurance
at all times during the performance of this Agreement.
C. Additional Insured. All insurance coverage, except Workers'
Compensation insurance and Professional Liability insurance, if applicable, shall name,to
the fullest extent permitted by law for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, directors, officials and
employees as Additional Insured as specified under the respective coverage sections of this
Agreement.
D. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms
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of this Agreement are satisfactorily performed, completed and formally accepted by the
Town,unless specified otherwise in this Agreement.
E. Primary Insurance. Vendor's insurance shall be primary insurance
with respect to performance of this Agreement and in the protection of the Town as an
Additional Insured.
F. Claims Made. In the event any insurance policies required by this
Agreement are written on a"claims made"basis, coverage shall extend, either by keeping
coverage in force or purchasing an extended reporting option, for three years past
completion and acceptance of the services. Such continuing coverage shall be evidenced
by submission of annual Certificates of Insurance citing applicable coverage is in force and
contains the provisions as required herein for the three-year period.
G. Waiver. All policies, except for Professional Liability, including
Workers' Compensation insurance, shall contain a waiver of rights of recovery
(subrogation) against the Town, its agents, representatives, officials, officers and
employees for any claims arising out of the work or services of Vendor. Vendor shall
arrange to have such subrogation waivers incorporated into each policy via formal written
endorsement thereto.
H. Policy Deductibles and/or Self-Insured Retentions. The policies set
forth in these requirements may provide coverage that contains deductibles or self-insured
retention amounts. Such deductibles or self-insured retention shall not be applicable with
respect to the policy limits provided to the Town. Vendor shall be solely responsible for
any such deductible or self-insured retention amount.
I. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way,Vendor shall execute written agreements with its subcontractors
containing the indemnification provisions set forth in this Agreement and insurance
requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible
for executing any agreements with its subcontractors and obtaining certificates of insurance
verifying the insurance requirements.
J. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Vendor will provide the Town with suitable evidence of insurance
in the form of certificates of insurance and a copy of the declaration page(s)of the insurance
policies as required by this Agreement,issued by Vendor's insurance insurer(s)as evidence
that policies are placed with acceptable insurers as specified herein and provide the
required coverages, conditions and limits of coverage specified in this Agreement and that
such coverage and provisions are in full force and effect. Confidential information such as
the policy premium may be redacted from the declaration page(s)of each insurance policy,
provided that such redactions do not alter any of the information required by this
Agreement. The Town shall reasonably rely upon the certificates of insurance and
declaration page(s) of the insurance policies as evidence of coverage but such acceptance
and reliance shall not waive or alter in any way the insurance requirements or obligations
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of this Agreement. If any of the policies required by this Agreement expire during the life
of this Agreement, it shall be Vendor's responsibility to forward renewal certificates and
declaration page(s) to the Town 30 days prior to the expiration date. All certificates of
insurance and declarations required by this Agreement shall be identified by referencing
the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed
for all certificates or declarations received without the appropriate RFP number and title or
a reference to this Agreement, as applicable. Additionally, certificates of insurance and
declaration page(s) of the insurance policies submitted without referencing the appropriate
RFP number and title or a reference to this Agreement, as applicable, will be subject to
rejection and may be returned or discarded. Certificates of insurance and declaration
page(s) shall specifically include the following provisions:
(1) The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
(a) Commercial General Liability — Under Insurance
Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent.
(b) Auto Liability — Under ISO Form CA 20 48 or
equivalent.
(c) Excess Liability — Follow Form to underlying
insurance.
(2) Vendor's insurance shall be primary insurance with respect
to performance of this Agreement.
(3) All policies, except for Professional Liability, including
Workers' Compensation, waive rights of recovery (subrogation) against Town, its
agents, representatives, officers, officials and employees for any claims arising out
of work or services performed by Vendor under this Agreement.
(4) ACORD certificate of insurance form 25 (2014/01) is
preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the
phrases in the cancellation provision "endeavor to" and "but failure to mail such
notice shall impose no obligation or liability of any kind upon the company, its
agents or representatives" shall be deleted. Certificate forms other than ACORD
form shall have similar restrictive language deleted.
11.2 Required Insurance Coverage.
A. Commercial General Liability. Vendor shall maintain"occurrence"
form Commercial General Liability insurance with an unimpaired limit of not less than
$1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual
Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability
arising from premises, operations, independent contractors, products-completed
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operations, personal injury and advertising injury. Coverage under the policy will be at
least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not
limited to, separation of insured's clause. To the fullest extent allowed by law, for claims
arising out of the performance of this Agreement, the Town, its agents, representatives,
officers, officials and employees shall be cited as an Additional Insured under ISO,
Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or
equivalent, which shall read "Who is an Insured (Section II) is amended to include as an
insured the person or organization shown in the Schedule,but only with respect to liability
arising out of "your work" for that insured by or for you." If any Excess insurance is
utilized to fulfill the requirements of this subsection, such Excess insurance shall be
"follow form" equal or broader in coverage scope than underlying insurance.
B. Vehicle Liability. Vendor shall maintain Business Automobile
Liability insurance with a limit of$1,000,000 each occurrence on Vendor's owned, hired
and non-owned vehicles assigned to or used in the performance of the Vendor's work or
services under this Agreement. Coverage will be at least as broad as ISO coverage code
"1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent
allowed by law, for claims arising out of the performance of this Agreement, the Town, its
agents, representatives, officers, directors, officials and employees shall be cited as an
Additional Insured under ISO Business Auto policy Designated Insured Endorsement form
CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of
this subsection, such Excess insurance shall be"follow form" equal or broader in coverage
scope than underlying insurance.
C. Professional Liability. If this Agreement is the subject of any
professional services or work, or if the Vendor engages in any professional services or
work in any way related to performing the work under this Agreement, the Vendor shall
maintain Professional Liability insurance covering negligent errors and omissions arising
out of the Services performed by the Vendor, or anyone employed by the Vendor, or
anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally
liable, with an unimpaired liability insurance limit of $2,000,000 each claim and
$2,000,000 annual aggregate.
D. Workers' Compensation Insurance. Vendor shall maintain
Workers' Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Vendor's employees engaged in the performance of work
or services under this Agreement and shall also maintain Employers Liability Insurance of
not less than $500,000 for each accident, $500,000 disease for each employee and
$1,000,000 disease policy limit.
11.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or be materially changed without 30 days' prior written notice to the Town.
12. Termination; Cancellation.
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12.1 For Town's Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause after receipt by Vendor of written notice by
the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services
performed to the termination date.
12.2 For Cause. If either party fails to perform any obligation pursuant to this
Agreement and such party fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the non-defaulting party, such party will be in default. In the event of
such default, the non-defaulting party may terminate this Agreement immediately for cause and
will have all remedies that are available to it at law or in equity including, without limitation, the
remedy of specific performance. If the nature of the defaulting party's nonperformance is such
that it cannot reasonably be cured within 30 days, then the defaulting party will have such
additional periods of time as may be reasonably necessary under the circumstances, provided the
defaulting party immediately (A) provides written notice to the non-defaulting party and (B)
commences to cure its nonperformance and thereafter diligently continues to completion the cure
of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of
such termination for cause, payment shall be made by the Town to the Vendor for the undisputed
portion of its fee due as of the termination date.
12.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days' written notice to Vendor in the event that the Services are permanently abandoned.
In the event of such termination due to work stoppage, payment shall be made by the Town to the
Vendor for the undisputed portion of its fee due as of the termination date.
12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ.
REv.STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations
by the Town or any of its departments or agencies if any person significantly involved in initiating,
negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its
departments or agencies is, at any time while this Agreement or any extension of this Agreement
is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any
other party of this Agreement with respect to the subject matter of this Agreement.
12.5 Gratuities. The Town may, bywritten notice to the Vendor, cancel this
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Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent
or representative of the Vendor to any officer, agent or employee of the Town for the purpose of
securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this
provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and
withhold from the Vendor an amount equal to 150% of the gratuity.
12.6 Agreement Subject to Appropriation. This Agreement is subject to the
provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REv. STAT. § 42-17106. The provisions of
this Agreement for payment of funds by the Town shall be effective when funds are appropriated
for purposes of this Agreement and are actually available for payment. The Town shall be the sole
judge and authority in determining the availability of funds under this Agreement and the Town
shall keep the Vendor fully informed as to the availability of funds for this Agreement. The
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obligation of the Town to make any payment pursuant to this Agreement is a current expense of
the Town, payable exclusively from such annual appropriations, and is not a general obligation or
indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the
amounts as set forth in this Agreement during any immediately succeeding fiscal year, this
Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall
be relieved of any subsequent obligation under this Agreement.
13. Miscellaneous.
13.1 Independent Contractor. It is clearly understood that each party will act in
its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the
other. An employee or agent of one party shall not be deemed or construed to be the employee or
agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to
workers' compensation benefits from the Town. The Town does not have the authority to
supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and
not the Town, shall determine the time of its performance of the services provided under this
Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit
A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing
its profession elsewhere. Town and Vendor do not intend to nor will they combine business
operations under this Agreement.
13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona.
13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all
times during the performance of its duties under this Agreement ensure that it and any person for
whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations,
ordinances, statutes or laws affecting the Services, including,but not limited to,the following: (A)
existing and future Town and County ordinances and regulations; (B) existing and future State and
Federal laws; and (C) existing and future Occupational Safety and Health Administration
standards.
13.4 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Vendor.
13.5 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in this Agreement will be read and enforced as though it were included
herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party, this Agreement will promptly be physically
amended to make such insertion or correction.
13.6 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
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affect any other provision or application of this Agreement which may remain in effect without
the invalid provision or application.
13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain meaning,
and no presumption shall be deemed to apply in favor of, or against the party drafting this
Agreement. The parties acknowledge and agree that each has had the opportunity to seek and
utilize legal counsel in the drafting of, review of, and entry into this Agreement.
13.8 Assignment; Delegation. No right or interest in this Agreement shall be
assigned or delegated by Vendor without prior, written permission of the Town, signed by the
Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision
shall be a breach of this Agreement by Vendor.
13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any
other party to furnish any of the material or services specified herein without the prior written
approval of the Town. The Vendor is responsible for performance under this Agreement whether
or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any
subcontract shall be a material breach of this Agreement by Vendor.
13.10 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the
Town's acceptance of and payment for services, shall not release the Vendor from any
responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
13.11 Attorneys' Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys'
fees and reasonable costs and expenses, determined by the court sitting without a jury,which shall
be deemed to have accrued on the commencement of such action and shall be enforced whether or
not such action is prosecuted through judgment.
13.12 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
13.13 Offset.
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A. Offset for Damages. In addition to all other remedies at law or
equity,the Town may offset from any money due to the Vendor any amounts Vendor owes
to the Town for damages resulting from breach or deficiencies in performance or breach of
any obligation under this Agreement.
B. Offset for Delinquent Fees or Taxes. The Town may offset from
any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
13.14 Notices and Requests. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if(A) delivered to the party at the address set forth below, (B) deposited in the U.S.
Mail,registered or certified,return receipt requested, to the address set forth below or(C) given to
a recognized and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Pierce Coleman PLLC
4711 East Falcon Drive, Suite 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Vendor: LALLA SALMA LLC. d/b/a
Verde Valley Landscaping
12025 North Saguaro Boulevard
Fountain Hills, Arizona 85268
Attn: Sam Mousa
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
13.15 Confidentiality of Records. The Vendor shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
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employees, except as required to perform Vendor's duties under this Agreement. Persons
requesting such information should be referred to the Town. Vendor also agrees that any
information pertaining to individual persons shall not be divulged other than to employees or
officers of Vendor as needed for the performance of duties under this Agreement.
13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors
are complying with the warranty under subsection 13.17 below, Vendor's and its subcontractor's
books, records, correspondence, accounting procedures and practices, and any other supporting
evidence relating to this Agreement, including the papers of any Vendor and its subcontractors'
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit(A)evaluation and verification of any invoices,payments or claims based on Vendor's and
its subcontractors' actual costs (including direct and indirect costs and overhead allocations)
incurred, or units expended directly in the performance of work under this Agreement and (B)
evaluation of the Vendor's and its subcontractors' compliance with the Arizona employer
sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to
audit Records as set forth in this subsection,Vendor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended,the Town shall have access to said Records, even if located at its
subcontractors' facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Vendor pursuant to this
Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate
workspace so that the Town can conduct audits in compliance with the provisions of this
subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of
intended audits. Vendor shall require its subcontractors to comply with the provisions of this
subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
13.17 E-verify Requirements. To the extent applicable under ARIz.REv. STAT. §
41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIz.REv. STAT. § 23-214(A). Vendor's or its subcontractors' failure to comply with such
warranty shall be deemed a material breach of this Agreement and may result in the termination
of this Agreement by the Town.
13.18 Israel. Vendor certifies that it is not currently engaged in, and agrees for
the duration of this Agreement that it will not engage in a "boycott," as that term is defined in
ARIz.REV. STAT. § 35-393, of Israel.
13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity
among the terms of this Agreement, the Bid, any Town-approved invoices, and the RFP, the
documents shall govern in the order listed herein.
13.20 Non-Exclusive Contract. This Agreement is entered into with the
understanding and agreement that it is for the sole convenience of the Town. The Town reserves
the right to obtain like goods and services from another source when necessary.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
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TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
/,c9° es.L) < . VA:ti(4/%.
iiiGrady E. - Town Manager
ATTEST:
Eli abeth rke, Town Cl
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On 3t4tb 0 , 2020, before me personally appeared Grady E. Miller, the
Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who he claims to
be, and acknowledged that he signed the above document,on behalf of the Town of Fountain Hills.
k ~*' MPU�IAC-3a90fA1IL011a 1 I
f`+�y MARRICOPACOUNTY
'<.. h 1? Corn n#660931 Notary Public
tin-A0AA-4
Expires August 18,2022
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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"Vendor"
LALLA SALMA LLC., D/B/A
VERDE VALLEY LANDSCAPING,
a(n)Arizona corporation
By:
Name: {Aro A utja
Title: 6,)04),/
(ACKNOWLEDGMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
On ��� 'u atQ. , 2020, before me personally appeared
(. gym_ (Y)►u , the 0 Lo✓)e of LALLA SALMA LLC., D/B/A VERDE
VALLEY LANDSCAPING, a(n) Arizona corporation, whose identity was proven to me on the
basis of satisfactory evidence to be the r.)- .0 yviz,r of the corporation.
44: JAMIE SALENTINE
Nota Ay:a -State of Arizona
,,I t MARICOPA COUNTY Nary Public
4rtit� Commission#550103
Expires July 11,2022
(Affix notary seal here)
4851-6406-4191 v.2
14
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
LALLA SALMA LLC. ,
D/B/A
VERDE VALLEY LANDSCAPING
[Vendor's Bid]
See following pages.
EXHIBIT C
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
[Fee Proposal]
See following page(s).
2
EXHIBIT B
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
[Scope of Work]
Vendor will provide landscape maintenance for the Cottonwoods district which will consist of
the following:
Pruning
Weeding
Trimming Trees
Blowing
Raking
Applying Herbicide (when necessary)
Ensuring Adequate Water Delivery
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Verde Valley
LANDSCAPING
itTransfortnin9 the desert into YOUR paradise"
COTTONWOODS DISTRICT
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MAY 21, 2020
VERDE VALLEY LANDSCAPING
12025 N Saguaro Blvd. Fountain Hills, AZ 85268
5/21/2020 •'
eu
Cottonwood District HOA
ATTN: Justin T. Weldy
c/o \Terde Valley
Address 16705 East Avenue of the Fountains Fountain Hills, LANDSCAPING
Arizona 85268
"Tronsformin9 the desert into YOUR paradise"
We would like to thank you for the opportunity to bid on the landscape management at
Cottonwoods District Association.
Verde Valley Landscaping is a highly qualified, communicative, and top-tier service landscape
professional that is able to provide to this wonderful property.We understand the pride people
take in having an attractive neighborhood and exhibit the same pride in our work. Our
commitment to creating a detailed care plan delivers professionally managed results.
Verde Valley promotes environmental preservation and sustainable landscape management
practices.We understand the necessity of working within a budget while providing exceptional
quality service and are committed to creating long-term relationships.
Licensed, bonded, and insured, Verde Valley Landscaping regularly maintains over 200 HOAs
and commercial properties and has successfully completed more than 2,000 landscape
installations and services from half an acre to 300 acres in size.
Our team of landscape professionals have the experience and expertise needed to successfully
manage and maintain multi-location properties for a wide range of HOAs and commercial
properties. With this being said, we are a gradually growing and solid company with a 5-year
plan to expand by acquiring more companies in different states.
In providing a top-tier service, our Management Team and Irrigation Technicians will conduct
a full landscape and irrigation system evaluation of the entire property, while prioritizing the
items in need of immediate attention and getting it taken care of.
The knowledge of plant life and care is very vital to landscaping, which we pride ourselves in,
as we have a retail nursery, Verde Valley Nursery, located in Fountain Hills. WI understands
that the transition of new landscaping companies can be a hassle, but we are highly confident
in eliminating any stressors that may arise in the process.
With locally involved ownership and a team of experts, our qualifications, resources, and
certifications allow us to deliver exceptional customer service. We look forward to delivering
exceptional landscape services to Oakbrook Homeowners Association.
Thank you for considering Verde Valley for your landscaping needs. I believe when given the
opportunity to meet,you will agree that Verde Valley Landscaping is not the typical
Customer Service Is Our Number One Priority
maintenance company—we are your landscape management partner and we look forward to
working with you!
If you have any questions or concerns, please feel free to contact me or visit our website at
www.VerdeVallevLandscaping.com
Sincerely,
s'gym-itiou
President/CEO
Customer Service Is Our Number One Priority
Values & Philosophy
Verde Valley Landscaping highly values establishing and maintaining relationships with our clients who
become part of our family. As a family, one takes care of one another and ensures all needs are met
and exceeded.That's what we do,take care of our clients and treat them as part of the family.
Our Philosophies:
COMMITTED TO PROTECTING YOUR ASSETS
First and foremost, Verde Valley Landscaping is committed to protecting YOUR assets. We commit to
applying landscape practices that promote sustainability and create growth towards your assets. As
landscape professionals,we firmly believe in a naturalistic approach to maintenance.
EXCEPTIONAL COMMUNICATION
Communication is vital to the success of any relationship and that is what Verde Valley Landscaping
delivers with our 24/7 emergency service:exceptional communication between property managers,the
community,and our amazing team of professionals.
TOP-TIER QUALITY
Our wonderful team ensures to deliver high quality services and workmanship to the property. With a
reliable, knowledgeable,and responsive team,we are ready and able to address any areas of concerns
that may arise.
GROWTH
The foundation of Verde Valley Landscaping is our employees. They become part of the family where
we collaborate with one another to ensure their growth of knowledge and success to pass onto the
service that we provide. We have a wonderful team of qualified individuals from our office staff,
laborers, foreman, and supervisors, to our management team. As a team, we ensure everyone is
committed to delivering our company's objectives,expectations, and goals.
INTEGRITY
We highly believe in practicing integrity. Our foundation lies upon strong moral and ethical principles
to have a smooth relationship between everyone involved.
Customer Service Is Our Number One Priority
In honor of being given the opportunity to maintain and manage your property, we begin
with the following:
Communication
The key to any successful relationship is communication. At Verde Valley, we pride ourselves in
communicating with the property manager, landscape professionals, and on-site management
to ensure all needs are exceeded.
Water Management
Arizona is a unique desert landscape which requires careful planning whenever looking to plant
something new on your property. At Verde Valley Landscaping, we provide customized watering
solutions. We uniquely design and install sprinkler systems which eliminate watering hassles with
great features such as smart controllers, programmable clocks, an automatic timer and valves.
Our team of Irrigation Experts help maximize the efficiency of your irrigation system to conserve
water, thus reducing your monthly water bills.
Plant Management
Managing a landscape requires guiding for future change and development in order to foster
growth. We manage landscapes according to our decades of horticultural experience, and we are
always ready to help you avoid costly plant replacements whenever possible. It is our job to
recognize potential concerns with your landscape before you do, delivering exceptional
landscaping management. Owning a nursery, also means we're flexible in our ability to fix these
concerns fast to prevent any issues.
Arbor Management
In addition to other plants, trees are an important and valuable asset to properties that provide
a luscious appearance. Trees require proper care and routine maintenance such as pruning to
ensure a healthy and beautiful look.With our expertise,our amazing team of Arborists are always
ready to care for your valuable assets.
Verde Valley Landscaping's "in-house" services allows us to have higher control over costs, thus
being able to offer affordable and high-quality service.
Customer Service Is Our Number One Priority
With pleasure and confidence, we are proud to deliver the following services:
- 24/7 Emergency Service
- Knowledgeable and dedicated Account Managers to ensure we are on top of everything
- Online Billing; Detailed reports and invoicing
- If needed, HOA Board Meeting Attendance
- Community Event Sponsorship & Participation
- Landscape Management Reporting
- Full Irrigation Assessments, care, monitoring and conservation tips
- Fertilization of plants:flowers, shrubs, trees, and cactus as needed
- Pruning of trees and shrubs and Plant removal
- Extensive landscape planning and designs as needed to continually increase landscaping
value and create an attraction
- Mapping of all community landscape backflow preventers, irrigation controllers, water
meters and other landscape items
- Complete landscape and hardscape renovation and designs such as: firepits, pavers,
flagstone,gravel, pathways, retaining walls, xeriscaping and much more
- Seasonal Advice
- Annual Color Change &Seasonal Foliage Change
- Maintenance; Lawn Mowing&Trimming
- Plant Disease Diagnosis &Treatment
- Drainage Control or Correction
- Newsletter
- Free "Lunch & Learn"for Property Managers and Homeowners
Customer Service Is Our Number One Priority
Intended blank for RFP specifications
Customer Service Is Our Number One Priority
Services
4 �� ,'A - Landscape Maintenance
1,_*, : Al
'/„ni\\; I 0.0 - Landscape Design and Installation
476 r4
- Hardscaping and Renovation
- Irrigation and Water Management
- Irrigation Trouble Shooting and Repair
- Tree Care
- Certified Arborists
- Weed Control
- Emergency Services ,f. ` , ; ' ' i i 7,,€11
,N.
Our wide array of services allows us to provide comprehensive packages to our clients. Verde
Valley Landscaping's sister company Verde Valley Nursery provides the top-quality plants
needed for new installs/replacements. Our landscaping maintenance/management enhances
your landscape investment, maximizes efficiency, and creates an astonishing appeal. By
employing our expertise and latest technology, we add value to each landscape property we
manage.
Customer Service Is Our Number One Priority
Overview
COMMUNICATION
- 24/7 Emergency Service
41)
- On-going Supervisor/ Property Manager
Communication
- On-site Walk/Drive Thru
- Regular Phone & Email Communication
- Online Billing
- HOA Board Meeting
- Landscape Management Reporting
- Newsletter
LANDSCAPE & HARDSCAPE MANAGEMENT/
RENOVATION
- Tree and Shrub Care
- Lawn Mowing and Care
�--'' - Fertilization
- Pre-Emergence/Weed Control
...--'' - Flower Design and Care
- Monitor and Enhance Curb Appeal
- Seasonal Pruning
WATER MANAGEMENT
- Water Usage Optimization 444
- Maximization of Water Retention
- Full Irrigation Inspection and Repair
40.411
Customer Service Is Our Number One Priority
Shrub Maintenance & Pruning Practices
Shearing:
- � . �.'� ' #�n4''" „gs;-'` .,.:.. 1 r ,` " o*!tom;" i�rY7 r' "y,.
' j. ' /i$ .41^k„,.< ' , l' i''..:,--141,,' '1".•
;', c g 5 r .a, '
Sage Lantana
- Plant replacement increases due to quick decline of plant life = costly
- Reduces photosynthesis (causes the need for more water and fertilization)
- Does not encourage proper growth
- Reduces blooms/blossoms
- Stresses the plant
Seasonal Hard Pruning/Renovation:
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Sage Lantana
- Less water required = more cost efficient - Plant will have a longer life
- Plants will grow in their natural growth pattern - Plants will grow fuller
- We HIGHLY RECOMMEND this technique
Customer Service Is Our Number One Priority
Licenses, Certifications, Insurance & Employment Practices
Verde Valley Landscaping maintains all of the required contractor licenses, business licenses,
Tax Identification Numbers, Bonds and Insurance.
Licenses
- RC-21 License#ROC 294307
- General Pest Control/Public Health
- Weed Spray/Pre-emergence
Insurance
- Comprehensive General Liability/ Bodily Injury/ Property Damage - $1,000,000 each
occurrence limit, $2,000,000 general aggregate limit
- Automobile Liability-$1,000,000 combined single limit per occurrence
- Worker's Compensation —Statuary Required Minimums
Certifications
Sustainable Landscape Practices as Promoted by Arizona Landscape Contractors Association
(ALCA)
Employment Practices
Hiring
Verde Valley Landscaping complies with all of the requirements imposed on employers by the
federal government and State of Arizona concerning an employees' right to working the
United States. We utilize the E-Verify system and complete 1-9 forms requiring 2 forms of
identification, as required by law. Our employees are paid through a payroll service, ensuring
all appropriate taxes are paid to the government. We do not hire "day or seasonal laborers"
or pay anyone in cash.
Uniforms
The clothing required of our employees varies according to the workers position and work
assignment. All Verde Valley Landscaping employees will have the company name clearly
marked on their clothing.We require our employees to be appropriately dressed for the work
assignment focused on safety, cleanliness and productivity. All of our vehicles are clearly
marked with "Verde Valley Landscaping," so it is known when we are on property.
Customer Service Is Our Number One Priority
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
[Consultant's Proposal]
See following pages.
16
VerdeValley
LANDSCAPING
"hanslorminq the desert into YOUR paradise"
SUBMITTED BY: SUBMITTED TO:
Verde Valley Landscaping ("WV) Cottonwoods District ("CLIENT')
12025 N. Saguaro Blvd
Fountain Hills, AZ 85268
Phone: (480)837-8131
Sam@verdevalleylandscaping.com
Atten:Justin T.Weldy
SERVICE ADDRESS:
Cottonwoods ( Plat 112)Saguaro Blvd &Grande
Date of Proposal:5/21/2020
Maintenance charge: Four Hundred Dollars$400.00
• Three(3) men crew,One(1)service day a Month.
• Account manager to be the main contact between the crew and property manager
• Trimming plants and trees up to 10 feet
• Blowing and raking to remove debris
• Weed removal
• Pre-emergent twice a year
• Post-emergent as needed
• Inspection of Irrigation system (in cycles)
ADDITIONAL WORK/SPECIAL CONDITIONS:
Irrigation Technician: $50.00 per hour
Emergency Calls:$100.00 per hour
SCOPE OF SERVICES:WL will furnish all labor,tools,equipment, supervision and transportation to
perform services as specified below:
Customer Service Is Our Number One Priority
MOWING/TURF MAINTENANCE
n yes ® no if yes,frequency is❑weekly 'n Bi-weekly ❑Semi-monthly '❑ Monthly El Bi-
Monthly
(� Quarterly 7 As needed
Mow all lawn areas to an acceptable height with rotary type mowers; manicure all edges bordering
header board of planted areas. Edge all lawn areas bordering walks and curbs. Blow all grass clippings
from walkways after each mowing. Turf areas shall be fertilized as needed throughout the year to
produce a consistent green turf in all seasons. WL shall provide the fertilization scheduling, subject to
CLIENT's approval.Labor to apply fertilizer is included.Cost of fertilizers❑j is included n is not included.
PRUNING
®yes ❑ no if yes,frequency is n weekly Bi-weekly I I Semi-monthly ® Monthly❑ Bi-
Monthly
7 Quarterly®As needed
All trees shall be allowed to grow to their natural genetic form and size until they are able to stand
alone. All trees shall be pruned to promote structural strength and to accentuate the natural form
and features of the tree. Trim all ground covers to keep away from paving and planted areas. Trim
top-growth as needed. All frost dieback to be removed before summer growing season. Pruning must
be carried out to permit unobstructed passage to pedestrians and motor vehicles and to prevent
sight-restrictions near intersections. Removal and/or replacement of dead plants resulting from
severe frost and/or heat extremes is not included.
GRANITE,RIVER ROCK AND PLANTER AREA MAINTENANCE
®yes ❑ no if yes,frequency is❑ weekly n Bi-weekly ❑Semi-monthly ® Monthly n Bi-
Monthly
Q Quarterly'7 As needed
Rake all areas to keep a well-groomed appearance. Blow all areas free of debris. Clean up and
remove all debris.
INSPECTION OF IRRIGATION SYSTEM
®yes n no if yes,frequency is weekly 'I I Bi-weekly ❑ Semi-monthly ❑Monthly❑'Bi-
Monthly
H Quarterly®As needed
Inspect irrigation system at periodic intervals to maintain good color and sturdy growth of plant
material. The irrigation system shall be maintained by WL to ensure balance and necessary watering
including:
• Inspection of turf area irrigation and repair after each mowing(if applicable)
• Monthly inspection of drip,spray or bubbler systems
• Repair or replacement of damage to system caused by WI at WL's sole cost and expense
• WL is not responsible for hand watering plant material.
CLIENT shall authorize any major repairs needed.
FERTILIZATION OF TREES AND PLANTS
®yes ❑ no if yes,frequency is weekly ❑ Bi-weekly ❑ Semi-monthly ❑ Monthly n Bi-
Monthly
n Quarterly®As needed
Fertilization of mature tree(s)and plant(s)shall be required only if the tree(s)and/or plant(s) show a
definite need for fertilization. All actively growing plants, not yet at maturity,shall be fertilized
Customer Service Is Our Number One Priority
annually, in the spring,with a complete fertilizer, if necessary. All fertilization shall coincide with the
growing season of each specific plant.All trees and plants shall be observed for signs of nutrient
deficiencies and treated to correct deficiencies throughout the year. Labor to apply fertilizer is
included. Cost of fertilizers n is included I--I is not included.
WEED CONTROL
®yes n no if yes,frequency is 1Oj weekly ❑ Bi-weekly ❑Semi-monthly ❑ Monthly❑,Bi-
Monthly
U Quarterly®As needed
Weed control will be provided over complete landscape area through the use of manual weeding
along with spot application of post-emergent herbicides as needed. Cost of herbicides for spot- _
treatment® is❑ is not included. Semi-annual property-wide applications of pre-emergent®is
is not included. All chemical applications shall be done by certified applicators in accordance with Pest
Management Department guidelines. All applications shall be applied in a safe and non-destructive
manner as not to cause injury to the health of persons working, living, observing or passing by the
site.
DISEASE CONTROL
®yes '❑ no if yes,frequency is n weekly I I Bi-weekly f I Semi-monthly n Monthly Bi-
Monthly
n Quarterly®As needed
Spray all plant material as needed with fungicide to maintain reasonable control of pathogens that
appear. All fungicides employed during the term of this contract shall not be known to cause
foreseeable damage to the landscape plant material,or cause damage to the growth characteristics so
that the plant will not be able to recover in a normal manner. Cost of fungicides® is'[ is not
included.
DEBRIS/TRASH REMOVAL
Where applicable,Trash cans shall be emptied as needed, but not less than once a week. If
applicable,dog station trash bags will be emptied as needed. Pet waste bags are supplied by CLIENT.
Pet waste bags shall be replenished at stations as needed. All landscape debris and materials shall be
removed at the end of every scheduled visit.
CYCLE PERIOD
Man-hours allocated for this Contract are based on property coverage over a (5)week cycle.
Notwithstanding anything to the contrary,the monthly charge is an annualized flat rate with seasonal
variations in labor already included. Missed service days due to holidays,weather or other causes
beyond VVL's control,will be performed on the next business day or additional man hours will be
added to the next regularly scheduled maintenance day.
WORK NOT INCLUDED(Unless noted otherwise above or elsewhere): Removal of large dead plants
not caused by contractor neglect. Pruning of tree limbs in excess of 10 feet in height. Staking and
guying of trees. Planting of seasonal flowers. Planting of new plant material and replacement plants
not considered the responsibility of VVL. Damage due to storms,forces of nature or any other causes
as specified herein. Dump and landfill fees for any debris or waste not generated by routine
landscape maintenance(i.e., mowing, blowing, raking,trimming, litter patrol,etc.). Non-
biodegradable large trash items, materials or debris will incur additional haul-off and landfill fees.
BUSINESS HOURS: VVL normal business hours are 5:30 a.m.—5:00 p.m. Monday through Friday
during the Summer and 6:30 a.m.—4:00 p.m. Monday through Friday during the Winter. Emergency
Customer Service Is Our Number One Priority
service provided after hours,on weekends or holidays will be billed at applicable overtime rates
based on the rates shown below,with a two-hour minimum charge. After hours calls will be
responded to within 120 minutes of receiving notice. For a fee of$100/hour
TERM: By signing below, or by verbally authorizing VVL to commence service, CLIENT employs the
services of VVL as an independent contractor,to perform and provide the above landscape
maintenance services as described below for a period of twelve(12) months from the date of
commencement. The Contract will automatically renew for successive twelve(12) month terms
unless written notice of termination is sent to the other party thirty(30)days prior to the termination
date of this Contract. Such notice shall be delivered to the intended party by certified mail, or
electronic mail, return receipt requested.
TERMS OF PAYMENT: WI shall submit an invoice to CLIENT on or about the 1sT of each month for all
regular Services performed in the prior month period. Payment for the full amount of the invoice
shall be made by CLIENT within thirty(30)days after receipt of invoice. Late payments by CLIENT shall
be subject to late penalty fees of$150 per month from the due date until the amount is paid. WL
reserves the right to suspend service due to non-payment by CLIENT. In the event that service is
suspended due to non-payment by CLIENT,any additional costs incurred by WI to restore the
property to acceptable standards due to lack of service shall be charged to CLIENT at the rates
outlined below.
NOTICE OF DEFICIENCY: CLIENT shall give WL two(2)full working days notice to correct any problem
or defect discovered in the performance of work required under this contract.WL will not accept any
deduction or offset unless notice is given.
INDEPENDENT CONTRACTORS: This Agreement does not create a partnership,franchise,joint venture,
agency, fiduciary, or employment relationship between the parties. The representations, warranties,
covenants,and agreements contained in this Agreement are for the sole benefit of the parties and their
respective successors and permitted assigns, and they are not to be construed as conferring any rights
on any other persons.
LIABILITY LIMITATIONS: In no event will either party be liable hereunder or otherwise, including under
warranty, strict liability or negligence, for loss of profits or business, or indirect, incidental or
consequential damages.
INSURANCE: WL, at its sole expense,shall obtain and keep in full force during the term of this
Contract,or any renewals or extensions thereof,a policy of comprehensive general public liability
insurance.WL shall also obtain and maintain Worker's Compensation covering WL and all personnel
directly connected with performance by WL of its services and activities under this Contract. WL
shall provide evidence of such insurance as follows:
1. Workers Compensation and Employers' Liability Insurance which shall extend to the workers
compensation laws of Arizona. Employer's Liability Insurance shall have limits of not less than
$1,000,000.
2. Commercial General Liability Insurance with policy limits of not less than$1,000,000 as to each
occurrence for Bodily Injury, Personal Injury, and Property Damage Coverage and a General
Aggregate of$2,000,000.Such policies shall specify CLIENT and its representatives as additional
insureds.
CONFIDENTIALITY: Neither party shall, at any time, directly or indirectly, disclose or provide to any
person or make use of any information relating to the other party's business or this Agreement that is
Customer Service Is Our Number One Priority
of a confidential nature, without such other party's prior written consent, which consent may not be
unreasonably or arbitrarily withheld or delayed. Each party shall cause its employees, and all
independent contractors and other persons to whom it may be permitted to disclose or provide any
such information to honor the provisions of this non-disclosure covenant.
DISPUTE RESOLUTION:The law of the State of Arizona shall govern this Agreement. Both Parties agree
to the jurisdiction of the courts in the State of Arizona.
OTHER TERMS: CLIENT and VVL respectively bind themselves,their partners,successors,assignees and
legal representative to the other party with respect to all covenants of this agreement.
All sections of this document constitute this AGREEMENT
PROPOSAL IS VALID FOR 60 DAYS FROM DATE INDICATED ABOVE.
Respectfully submitted,
Verde Valley Landscaping
Sam Nowa
Sam Mousa
President/CEO
ACCEPTED BY:
NAME:
TITLE:
(Signature)
DATE:
Customer Service Is Our Number One Priority
TOWN OF FOUNTAIN HILLS
SECTION A Public Works DEPARTMENT
IV. VENDOR INFORMATION FORM
By submitting a Proposal, the submitting Vendor certifies that it has reviewed the administrative
information and draft of the Professional Services Agreement's terms and conditions and, if
awarded the Agreement, agrees to be bound thereto.
V,e{ce VCA I 'CAW ccei1-15 (o - ygS �b-1 �
VENDOR SUBMITTING PROPOSAL FEDERAL TAX I NUMBER
Sa M mu uYCk.
PRINTED NAME AND TITLE AUTH
) ZUZS IV . Sc .5L, rc) P3(v0 LM) HS-7 k
ADDRESS TELEPHONE FAX#
CITY STATE ZIP DATE
WEB SITE: E-MAIL ADDRESS: VI -rrA V'I
W W vJ. vac VI( lcexu5 cc4,9 ti n5 cc►v► A ur . C
SMALL, MINORITY, DISADVANTAGED AND WOMEN-OWNED BUSINESS
ENTERPRISES (check appropriate item(s):
Small Business Enterprise (SBE)
• Minority Business Enterprise (MBE)
Disadvantaged Business Enterprise (DBE)
Women-Owned Business Enterprise (WBE)
Has the Vendor been certified by any jurisdiction in Arizona as a minority or woman-owned
business enterprise? 1'13
If yes,please provide details and documentation of the certification.
I
A-10
Oat' :
i \.
VerdeValley
LANDSCAPING
"Tiensiormimq the Geserc": YOUR porodise"
REFERENCES:
Fairway Ridge HOA Arrowhead Ranch Phase II
94th Ave & Lakeview 75th Ave & Adobe.
Peoria, AZ Peoria, AZ 85381
Board's President: Ralph Tomczyk Board's President: Dennis Johnson
Tel. 262.349.3398 denise@arrowheadranchphaseii.com
RT.FWR@hotmail.com
Property Manager: Trevor Johns
Property Manager: Monica Perez Tel. 623.298.5996
monica.perez@associa.us tjones@pdsaz.com
Fountain View Village Town of Fountain Hills
16455 E. Avenue of the Fountains 6705 E. Avenue of the Fountains,
Fountain Hills, AZ 85268 Fountain Hills, AZ 85268
Property Manager: Johnnie Belville Public Works Director: Justin T. Weldy
Tel. 312.206.5773 Tel. 602.721.2646
jbelville@seniorlifestyle.com jweldy@fh.az.gov
Customer Service Is Our Number One Priority
1400037743946
OY®®89181111156111®1X1®11
AR1ZOf1A DEPARTMENT OF REVENUE STATE OF ARIZONA
ATTN:Taxpayer and External Services yz
1600 MONROE STREET
PHOENIX,
AZ 85007 Department of Revenue
Anthony C Fors
Assistant Din
•
Robert Ellit
Administrat
May 19,2014
LALLA SALMA LLC
VERDE VALLEY!!l
14453 S 46TH ST
PHOENIX AZ 85044
Congratulations on completing the Withholding registration. We want to provide you with information
that will make your experience with us a positive one.
Information you need to file successfully:
1. Your Federal Identification Number(EIN)46-4958678 is also the account number usad for your
Arizona employer withholding. Always reference this number in all correspondence or telephone calls
regarding your Withholding Tax.
2. You listed your business start date is April 1,2014. Withholding returns are due quarterly. You are
required to file and remit payment by the last day of the month following the close of each period.
Remember that you must file every return whether or not you have sales and/or tax to report.
3. If your withholding averages more than$1,500 per quarter,you must submit payments on the same
schedule as your federal withholding.
4. If you are a monthly or quarterly filer,you will use Form Al-QRT. You will be notified if you qualify
to be an annual filer,in which case,you will need to use Form Al-APR. It is imperative that you Include
• your EIN number when you file these returns to get credit for your payment.
5. For additional information on filing and payment options,including on-line payment and account
inquiries,visit our website at www.www.aztaxes.gov.
Please note additional information enclosed that will assist you with doing business in the
State of Arizona.
KARR=
PT70-019
Visit us on the web at http://www.azdor.gov
Town of Fountain Hills
POST IN A 16705 East Avenue of the Fountains Account ID: 2651
CONSPICUOUS Fountain Hills,AZ 85268
PLACE (480)816-5100 License Numk
BUSINESS LICENSE 4872
THIS LICENSE EXPIRES 06/30/2020
Business Name: LA LLA SALMA LLC DBA VERDE VALLEY LANDSCAPING
Mailing Address: 12025N SAGUARO BLVD
FOUNTAIN HILLS AZ 85268
MN 4.4
Physical Address: 12025 NORTH SAGUARO BLVD ��$'„Gt�
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FOUNTAIN HILLS AZ 85268 0
Nature of Business: LANDSCAPING 3 �'• •
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Date Issued: June 18, 2019
Total Paid: 7
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Director
In accordance with Town of Fountain Hills, Arizona Town Code, Chapter 8 as added or amended, the person or firm is her
authorized to conduct business in the Town of Fountain Hill. This License is NON-Transferable
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ARIZONA DEPARTMENT OF REVENUE 1$E ST9
ATTN:Customer Care and Outreach p�
PO BOX29032 '— �.e
Phoenix,AZ 85038-9032
ARIZONA DEPARTMENT OF REVENUE % i. .„:,
TRANSACTION PRIVILEGE TAX LICENSE I'
NOT TRANSFERABLE lstz
. The licensee listed below is licensed to conduct business upon the condition that taxes are paid to
Arizona Department of Revenue as required under provisions of A.R.S.Title 42,Chapter 5,Article 1.
2020
ISSUED TO ,LAL4A:SALMA:•LLC. ALL communications and ---—►.UC.ENSE: 21030297
12026:itSAGUARO BLVD >W.;<''-zr MUST REFER to START DATE: 0670112014
FOUNTAIN HILLS: AZ 852 �u t r'C NISENO.
,� � ., {���� ��,� e ISSUED 03/.1.6l2020
EXPIRES: 12131/020
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LOCATION: CODE 001 la • r • • direr an r.
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License No.ROC 294307
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This is to ertify that: 4
Lelia Selma LL
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DBA(it any)
Verde Valley Lands ..1,* ''
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s a/y 'O .er o ya'� " "- 'tee.ns'e-ssyue. c i if ^1 ,w 4e permits::the 1censee.to; ursue ebM,iSinesi
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w Specialty Dual in the State of Arizona under License No.:ROC 29430; - "
- stxur op This further certifies that the request of business name is hereby granted and duly recorded.
- 1 O Given under my hand and the seal of the Registrar of Contractors,Phoenix,.4rizon•'. on 2/14/20 9
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Customer Service Is Our Number One Priority
DOUGLAS A. DUCEY Arizona Department of Agriculture Mark W. Killian
Governor Office Of Pest Management Interim Director
1688 West.Adams Street,Phoenix,AZ 85007
(602)542-3578 Phone;(602)542-0466 Fax
http://www.azda.gov
BUSINESS LICENSE Non-Transferable
PERFECTIONIST PEST & WEED CONTROL
Business License Number: 8457
Has been licensed since 08/12.12005,and is authorized to provide pest management services in Arizona through the
last day of May 2016.
Printed:08/2412015
@ Copyright 2007 Office Of Pest Management.All Rights Reserved. Printed By:8457
Customer Service Is Our Number One Priority
EMERGENCY
CONTACT
SERVICE@VERDEVALLEYLAN DSCAPI NG.COM
(This is the preferred method for communicating problems, emergency situations and/or
special requests.This email is automatically routed to our Account Managers and Operations
Coordinator for immediate dispatch to the appropriate field personnel. In addition,written
requests are more easily tracked for follow-up and completion.)
Avondale Location Fountain Hills Location
Phone: 623.580.7297 Phone: 480.837.8131
1050 N. Fairway Dr. Suite #D109 12025 N. Saguaro Blvd.
Avondale, AZ 85382 Fountain Hills, AZ 85268
Phoenix Location
Phone: 602.268.1809
6107 S 32nd St.
Phoenix, AZ 85042
Customer Service Is Our Number One Priority
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LANDSCAPING
"Transforming the desert into YOUR paradise"
Customer Service Is Our Number One Priority
Off%AIN�fl
of
a CONTRACT/GRANT INFORMATION SHEET- NEW CONTRACT
6atis Avg
Date: 7/1/2020
Staff's Name:Justin T. Weldy Department: Public Works
Vendor's Name: Verde Valley Nursery Vendor Number: 651
Address: 12025 N Saguaro BLVD Fountain Hills AZ 85268
Phone: 480-837-8131
Received W9:® Y ❑ N ❑ ALREADY IN SYSTEM
Business License#:4872 Exp. Date: 8/15/2020
ACCOUNTING SUMMARY Org Object Project/# $
Accounting Code: COTMD 6220 24,500
Accounting Code:
Accounting Code:
TBD(used for variety of different General Fund
things/departments/funds):
CONTRACT SUMMARY
Contract Number Assigned: C2020-079
Current Contract Total: 4,800.00 Total Contract Amount with 24,500.00
Renewals:
Brief Description of Service: Landscape services
If Renewable: #1 Total#of Renewals Max: 4
FY Cumulative Vendor Totals: Does this Contract put it over ❑ Yes ® No
$50,000
Contract Beginning Date: 8/1/2019
Contract Expiration Date: 6/30/2021
Budgeted Expenditure: ® Yes ❑ No
Budget Page#:
Approved by Council: ® Yes; Date: 6/16/2020 ❑ No ❑ N/A
Insurance Certificate provided: ® Yes ❑ No ❑ N/A
Warranty Period: ❑ Yes ® No If Yes, expires Click here to enter a date.
Estimated Start Date: 7/1/2019
Estimated Completion Date: 6/30/2020
GRANT SUMMARY
Paid for by Grant: ❑ Yes ❑ No
Name of Grantee:
Grant Number Assigned: Resolution
Number:
Date Council Approved:
Revised 12/21/16