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HomeMy WebLinkAboutC2020-079.1 - Verde Valley Landscaping1 Contract No. 2020-079.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN LALLA SALMA, LLC AND VERDE VALLEY LANDSCAPING THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First Amendment”) is entered into as of June 15, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Lalla Salma, LLC, D/B/A/ Verde Valley Landscaping, an Arizona limited liability company (the “Contractor”). RECITALS A. The Town and the Contractor entered into a Professional Services Agreement (the “Agreement”), dated June 16, 2020, for the Contractor to provide landscaping services for the Cottonwood Maintenance District (the “Services”). All capitalized terms not otherwise defined in this First Amendment have the same meanings as contained in the Agreement. B. The Town has determined that it is necessary to extend the Agreement with the Contractor for additional Services. C. The Town and the Contractor desire to enter this First Amendment to amend the Agreement to (i) extend the term of the Agreement, (ii) add to the scope, and (iii) provide for compensation to the Contractor for the Services. 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 Contractor hereby agree as follows: 1. Term of Agreement. The term of the Agreement is hereby extended until June 15 2022, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. 2. Compensation. The Town shall pay the Consultant an amount not to exceed $3,960, at the rates set forth in Exhibit B-1, which sum includes a ten percent (10%) owners allowance. The aggregate amount for this Agreement is not to exceed $28,460. 3. 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 2 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 : Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Consultant: Lalla Salma LLC d/b/a Verde Valley Landscaping 12025 N. Saguaro Blvd. Fountain Hills, Az. 852685 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. 4. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 5. Non-Default. By executing this First Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 6. Israel. Consultant 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. 3 7. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] EXHIBIT B-1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN TOWN OF FOUNTAIN HILLS AND LALLA SALMA, LLC D/B/A VERDE VALLEY LANDSCAPING [Scope/Quote] See following pages IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Klein, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] Elizabeth A. Klein (Jun 2, 2021 15:19 PDT) Elizabeth A. Klein “Contractor” ____________________________________, By: Name: Title: Lalla Salma, LLC, D/B/A/ Verde Valley Landscaping Sandra Sixtos (May 6, 2021 13:31 PDT) Sandra Sixtos Sandra Sixtos General Manager Thanks for using Verde Valley Landscaping. We appreciate your business!! Verde Valley Landscaping 12025 N. Saguaro Blvd. Fountain Hills, AZ 85268 US 480-837-8131 info@verdevalleynursery.com Estimate ADDRESS Cottonwood Town of Fountain Hills 16705 E. Ave of the Fountains Fountain Hills, AZ 85268 ESTIMATE #2619 DATE 04/30/2021 DESCRIPTION QUANTITY RATE AMOUNT Clearing one foot of gravel from the back wall and cutting all plants away from wall for painting purposes all around cottonwood walls. Clearing 6ft away from the wall at the wash area, removal and hauling of debris 4 900.00 3,600.00 TOTAL $3,600.00 Accepted By Accepted Date Exhibit B-1