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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; 1 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 2 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 3 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 4 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 5 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. 6 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 Y� 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 7 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 8 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. 9 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 10 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. 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" 12 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] 13 "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 ,-, —40;i1N. -:-. • virollikk ,...0000P:4' ; •* /.. - . irefOrr'',.. isrli "ZiStr:' -.--:.;v... .4, .,•i., '°' i N It% if Verde Valley LANDSCAPING itTransfortnin9 the desert into YOUR paradise" COTTONWOODS DISTRICT • ...., ---........„._ _ , i 114•`--'''''ili•--X.-Nwitat.." .... iNtr-,,t4,•;44-4--,...c.7:;f:,, 1'•--...AF,1%-2±--;..,..t*---=,,,,,,,,, ;:::,,, ,41.111,„,;.;!,,,, ,,c-,,z-N .!--Z —,,--A;,,- - •„, -,,,,:ICA — ` t•--3'..c.„,;•47-•-s.vit.'1.. 1,.... I,.,...,,r ..,,v•4,•%,f!. q,,..,,, „.. ,,,,„ ,,, .%:- ,,,,, i, '1',-!.,ez„. *''1 ••,-!,4„ ,--,t-a•-•4",.... 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: s.v......, 0�-_ ^ ., A , F 3 ,. • 9 . , 1 :,;," ,',1.,,,`,..:r-,,.4°,01%,kf''M',,,,l',.;'.,"*.',,- . - .iy.�Si rJ3.Yr i. _wca":-iis 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� 1. FOUNTAIN HILLS AZ 85268 0 Nature of Business: LANDSCAPING 3 �'• • eff if bat is MYL Date Issued: June 18, 2019 Total Paid: 7 £AL$ 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 ._._.. ram_ __s.__�-1�...:�i,.•••nnr re-nr� flnt�.�h-.... Ale I 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 pp • • LOCATION: CODE 001 la • r • • direr an r. VERDE VA EY.NURSERY , , m, ' 4. °, FOUNT, V L:. ', 68 I '11,11r., . .. : . • : , SI:H.,....1.‘,,,, •i,,,,..,,...• ti.: !Lo.,;.„'A!, :::::' :.•:: o's s �. ^� a �a ��.• �°+c�lk'n at � i ! 3r.�.a�dxy»S"� � • " ,ry ✓, _ d Rf Y i F f & :•s � �y,e L A r ( 'y1, '. 'MSS:4 • a E. . r "< t SPA r _ HJL 'a4 0 iit �= n ' iro � ,t a'E ,w .�` � } n,' •n . .4< w ¢ tv fir'u �! �� vr H1 *YdN" M�ipi. .� w . ; • �'',, k.wv , I. ifa � �w U R I Z O N: ►. , License No.ROC 294307 1 41; '' '''" '' ' ' "4 ' 4 s'' 4, This is to ertify that: 4 Lelia Selma LL .m DBA(it any) Verde Valley Lands ..1,* '' ? "s..;a Mor' �;le>Y 4,Bt ♦ m /k .i ,eq Verde Tait N s a/y 'O .er o ya'� " "- 'tee.ns'e-ssyue. c i if ^1 ,w 4e permits::the 1censee.to; ursue ebM,iSinesi .. S�•W V• V Q ass '� 1VC11J1r. JJlllr� �� 41AJ�.rt+tV�I,EAUNV � �r Vi[JlI.1V VV of .,� 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 ce w C I 4 lk . - -- 1� 41. •I4)31• D CTO , • ONA ' fit"r:RAR Cal•co? TR AcTQRs ' 1.t� - i'r rm�. � � ;S i'. 'c d >..< � fl- � mw:..;. p'. "z S• S� 5 r , 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 THAPIlln s1-117 ' \"'2 FoR YOUR 0 .,„,,,,,,,,,,, , „, .,.„ § f h W y It 0.•.. " 1141411kiliks'll ::'''''tfi • • ~ c..741P erde Valley 11' V 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