HomeMy WebLinkAboutC2020-079.2 - Verde Valley Landscaping1
Contract No. 2020-079.2
SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
LALLA SALMA, LLC
DBA
VERDE VALLEY LANDSCAPING
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Second Amendment”) is entered into as of May 3, 2022, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Lalla Salma, LLC, D/B/A Verde Valley
Landscaping, a(n) Arizona limited liability company (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated June 16, 2020, for the Consultant to provide Landscaping Services to the
Cottonwoods Maintenance District (the “Services”). All capitalized terms not otherwise defined
in this Second Amendment have the same meanings as contained in the Agreement.
B. The Consultant’s fees have increased (Exhibit C-1) due to labor and
equipment/supply costs.
C. The Town and the Consultant desire to enter this Second Amendment to amend the
Agreement to provide for compensation to the Consultant 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 Consultant hereby agree as follows:
1. Compensation. The Town shall pay Consultant an aggregate amount not to exceed $35,000
for the Services. The aggregate amount per renewal term shall not exceed $50,000 in any
case unless the Agreement is affirmed and ratified via an executed amendment. All
remaining terms and conditions of the Agreement shall remain in full force and effect.
2. EXHIBIT C-1 (“fees”) as attached, replaces Exhibit C (“Fees”), and is hereby incorporated
by this reference.
2
3. 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.
a. 4. Non-Default. By executing this Second 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 Second 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 Second
Amendment are forever waived.
4. 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.
5. Conflict of Interest. This Second Amendment and the Agreement may be cancelled by the
Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON 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]
Aaron Arnson (May 17, 2022 09:42 PDT)
Elizabeth Klein (May 17, 2022 09:49 PDT)
“Contractor”
____________________________________,
By:
Name:
Title:
Lalla Salma, LLC, D/B/A Verde Valley Landscaping, a(n) Arizona limited liability company
Sandra Sixtos (May 16, 2022 14:00 PDT)
Sandra Sixtos
General Manager
Sandra Sixtos
EXHIBIT C-1
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
LALLA SALMA, LLC
DBA
VERDE VALLEY LANDSCAPING
[FEES]
See following pages.
December 16, 2021
Attn: Justin Weldy
Cottonwood
Fountain Hills, AZ 85268
Re: Landscape Increase Letter
First, we would like to thank you for choosing Verde Valley Landscaping for all your landscaping
needs.
Due to ever increasing operating costs, in which, we cannot control such as wage increase,
insurance, etc., we will be having a price increase for this year. Your new service fee will be
changed from $400.00 to $460.00 per month effective January 2022. These changes have been
implemented to continue to provide the best service possible to our customers.
We value you as a customer and hope to continue servicing your property. Please do not
hesitate to call the office if you have any questions or any concerns.
Best Regards
Sandra Sixtos
General Manager
Verde Valley Landscaping
480-837-8131
EXHIBIT C-1
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
LALLA SALMA, LLC
DBA
VERDE VALLEY LANDSCAPING
[FEES]
See following pages.
December 16, 2021
Attn: Justin Weldy
Cottonwood
Fountain Hills, AZ 85268
Re: Landscape Increase Letter
First, we would like to thank you for choosing Verde Valley Landscaping for all your landscaping
needs.
Due to ever increasing operating costs, in which, we cannot control such as wage increase,
insurance, etc., we will be having a price increase for this year. Your new service fee will be
changed from $400.00 to $460.00 per month effective January 2022. These changes have been
implemented to continue to provide the best service possible to our customers.
We value you as a customer and hope to continue servicing your property. Please do not
hesitate to call the office if you have any questions or any concerns.
Best Regards
Sandra Sixtos
General Manager
Verde Valley Landscaping
480-837-8131