HomeMy Public PortalAbout2023 AgreementD o c u S ig n E n v e lo p e ID : C E A 8 E 5 7 4 -3 C 4 C -4 1 6 B -A E A 7 -4 B 4 3 7 4 3 A 12 0 7
PROFESSIO~AL SERVICES AGREEMENT
BETWEEN
Tl-IE VILLAGE OF KEY BISCA Y:\E
AND
PLANT PROFESSIONALS, LLC
Tl-I IS AGREEMENT (this "Agreement") is made effective as of the l. I}._,,. clay of
V'\-€_ , 2023 (the "Effective Dute"), by and between the VILLAGE OF
K Y BISCA Y~E, FLORI DA, a Florida municipal corporation, (the "Village"), and PLANT
PROFESSJO'.\'ALS, LLC, a Florida Limited Liability Company (hereinafter, the "Consultant").
WHEREAS, the Village desires to lease 95 live plants (inclusive of planters, pots and
bowls) and obtain related maintenance services for the live plants on a bi-monthly basis, including
all plant replacements. watering, dusting, cleaning, pruning. fertilization, pest control, and disease
control as may be needed by the Village (the "Services"); and
WI--IEREAS. the Consultant will perform Services on behalf ofthe Village, all as further
sci forth in the Proposal dated June 15, 20n, attached hereto as Exhibit "A": and
WHEREAS, the Consultant and Village, through mutual negotiation. haw agreed upon a
fee for the Services; and
\VHEREAS. the Village desires to engage the ( onsultant lo perform the Services and
provide tile deliverables as specified below.
l\iOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein. the Consultant and the Village agree as follows:
I. Scope of Services.
l. l. Consultant shall provide the Services sci forth in the Proposal attached hereto as Exhibit
"A"' and incorporated herein hy reference (the "Serv ices").
1.2. Consultant shall furnish all reports, documents. and information obtained pursuant lo this
Agreement, and recommendations during the term or this Agreement (hereinafter
"Deliverables .. ) to the Village.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through June 30. 2027. unless
curlier terminated in accordance with Paragraph 8.
z:z: "~u n:.u llillll ug 1c1;;; uuu run e i:,, urtlll: c::1:-1.:11cc: llllll L'llll:-iUILH lll .~llcill co u ip tctc lilt: ~c:rviu .::
within the term olthis Agreement, unless extended by the Village Manager.
3. Compensation and Pavment.
Contract No. XX-XX Page 1 1)1' 8
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3.1. In accordance with the Proposal attached hereto as Exhibit "A," Consultant shall be
compensated for the provision of the Services in an am ount nut tu exceed S900.00 per
month, for a total not lo exceed SI 0,800.00 annually. The Consultant will also be
compensated a one-time installation/delivery fee of SI, 150.00 al the commencement of
this Agreement,
J.2. Consultant shall deliver an invoice to Village detailing Services completed and the amount
due to Consultant under this Agreement. The Village shall pay the Consultant in accordance
with the Florida Prompt Payment Act upon receipt or the deliverables as identified in
"Exhibit A''.
3.3. Contractor's invoices must contain the following information for prompt payment:
J.3. 1. Name and address or the Consultant:
3.3.2. Purchase Order number;
3.3.3. Contract number;
3.3.4. Dall'. of invoice;
J.3.5. Invoice number ( Invoice numbers cannot be repeated. Repeated invoice numbers
will be rejected):
3.3.6. Name and tyre or Services;
3.3.7. Tirneframe covered by the invoice; and
3.3.8. Total value of invoice.
Failure to include the above information will result in the delay ofpayment or rejection of
the invoice. All invoices must be submitted electronically lo p:1vabk s(rukcybisc:1y110.rl.gov.
4. Subconsultants.
4.1. The Consultant shall be responsible 11)1· all payments to any subconsultants and shall
maintain responsibility for all work related to the Services.
4.2. Consultant may only utilize the services ofa particular subconsultaur with the prior written
appro val of the Village Manager. which approval may be granted or withheld in the
Village Manager's sole and absolute discretion.
5. Village's Responsibilities.
5.1. Village shall m ake available any maps, plans. existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the Village,
and provide criteria requested by Consultant to assist Consultant in performing the
Services.
Contract No. XX-XX Page 2 of'8
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5.2. Upon Consultant's request, Village shall reasonably cooperate in arranging access to
public information that may be required for Consultant to perform the Services.
6. Consultant's Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree or care. skill and diligence ill the
performance or the Services a. is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion or this Agreement, it is determined that the Consultant's Deliverables
or Services arc incorrect. not properly rendered, defective, or fail to conform to Village
requests. the Consultant shall at Consultant's sole expense, immediately correct its
Deliverables or Services,
6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the
Services for Village as an independent contractor of the Village. Consultant· further warrants
and represents that it has the required knowledge, expertise. and experience to perform the
Services and carry out its obligations under this Agreement in a professional and first cluss
manner.
6.3. The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance or this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Confli ct of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term or this Agreement, provide any consulting services to any private sector entities
(developers, corporations. real estate investors. etc.), with any current, or [oreseeuhle,
adversarial issues in the Village.
8. Termination.
8.1. The Village Manager, without cause, may terminate this Agreement upon thirty (30)
calendar days' written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately
stop work on the project unless directed otherwise by the Village Manager.
8.3. In the event of termination by the Villaue. the Co11s1dt;1111 ,-hall he p:,,id t~"· :111 w~,.-k
accepted by the Village Manager up to the date of termination, provided that the
Consultant has first complied w ith the provisions of Paragraph 8.4.
8.4 . The Consultant shall trans for all books, records, reports, working drafts, documents. maps.
and data pertaining to the Services and the project lo the Village, in a hard copy and
Contract No. XX-XX Page 3 01'8
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electronic format within fourteen ( 14) days from the date of the written notice uf
termination or the date of expiration of this Agreement.
9. !INTE:\TIONALLY OMITTED!
10. Nondiscrimination. During the term or this Agreement, Consultant shall not discriminate
against any olits employees or applicants for employment because ol'their race, color, religion,
sex, or national origin, and will abide by all Federal and State laws regarding
nondiscrimination.
11. Attorn evs Fees and Waiver of .Inn· Tri:11.
I I. I. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs, including the foes and expenses
or any paralegals, law clerks and legal assistants. and including fees and expenses charged
for representation at both the trial and appellate levels.
11.2. IN T H E E V E N T O F A N Y LI T IG A T IO N A R IS IN G O U T O F T H IS
A G R E E M E N T , EA C H PA R T Y H E R E B Y K N O W IN G L Y , IR R E V O C A 11 LY .
V O L U N T A R IL Y A N D IN T E N T IO N A L L Y W A IV E S IT S RIG II T T O T R IA L BY
JURY.
12. Indem nifi cation.
12.1. Consultant shall indemnify and hold harmless the Village, its officers, agents and
employees. from and against any and all demands. claims, losses. suits, liabilities, causes
of action, judgment or damages, arising from Consultant's performance or non
performance of any provision of this Agreement, including, but not limited to, liabilities
arising from contracts between the Consultant and third parties made pursuant to this
Agreement. Consultant shall reimburse the Village for all its expenses including
reasonable attorneys' foes and costs incurred in and about the defense of any such claim
or investigation and for any judgment or damages arising from Consultant's performance
or non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the
Village nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract. The Village is
subject to section 768.28, Florida Srututcs, as may be amended from rime to time.
I 2.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall he in
writing and shall be deemed to have been properly given ii' transmitted by hand-delivery, by
reuistcrcd or certified mn i l \,\tith ("\O !'C t:lg <~ prcp,,id 1·c tl1 r n receipt ""'l'"''d..,d, ,~r by Cl p,•ivu,.., pvss<«I
service, addressed to the parties (or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
Contract No. XX-XX Page 4 01'8
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14. Governing Law and Venue. This Agrcc1111.:11t shall be construed in accordance with and
governed by the laws of the State or Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County, Florida.
15. Entire Agrccmcnt/Modilkation/ Amendment
15.1. This writing contains the entire Agreement or the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that arc expressly set forth herein.
15.2. No agent. employee. or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
do cu m ent.
16. O w nership and Access to Records and Audits.
16 .1. Consu I rant acknowledges that a II invent ions, in no vat ions, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the Village which arc conceived, developed or made by Consultant during the term of this
Agreement ("Work Product") belong to the Village. Consultant shall promptly disclose
such Work Product to the Village and perform al I actions reasonably requested by the
Village (whether during or alter the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignments, powers or attorney and other
insuumenis).
1.6.2. Consultant agrees to keep and maintain public records in Consultant's possession
or control i11 connection with Consultant's performance under this Agreement. The Village
Manager or her dcsigncc shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records or the Consultant involving uunsactions related lo this
Agreement. Consultant additionally agrees lo comply specifically with the provisions of'
Section 119 .0 70 I, Florida Statutes. Consultant shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements arc not.
disclosed, except as authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records arc transferred to the Village.
16 .3 . Upon request from the Village's custodian of public records. Consultant shall
provide the Village with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided by Chapter 119 . Florida Statutes, or as otherwise provided by law.
16.4. l.lnfc_•ss othcnvi1w provided hy l,nv, nny nnd nll •·~·..,,.»·do, in.,;l,11..liui,;. but 11\Jl li111i1,;;u l\l
reports, surveys, and other data and documents provided or created in connection with this
Agreement arc and shall remain the property ofthe Village.
16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
Contract No. XX-XX Page 5 ors
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shall be delivered by the Consultant to the Village Manager, at 110 cost tu the Village,
within seven (7) days. All such records stored electronically by Consultant shat I be
delivered to the Village in a format that is compatible with the Village's information
technology systems. Once the public records have been delivered upon completion or
termination of this Agreement, the Consultant shall destroy any and all duplicate public
records that are exempt or confidential and exempt from public records disclosure
rc q u i rcm cnts.
16.6. Any compensation due to Consultant shall be withheld until all. records arc received
as provided herein.
16.7. Consultant's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the Village.
16.8. Notice Pursuant to Section I I 9.0701(2)(a), Florida Statutes. IF
T H E CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT1S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT. CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: Jocelyn B. Koch
Mailing address:
Telephone number:
Email:
88 West Mcintyre Street
Key Biscayne, FL 33149
305-365-5506
j koch@kevhiscayne.tl.gov
17. Nonassignability. This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the Village Manager. The Village is relying upon the apparent
qualifications and expertise of the Consultant, and such firm's familiarity with the Village's
area, circumstances and desires.
18. Sevcrabllirv. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby. and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19 . In d e p en d e n t C o n tractor. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the Village with respect
1·0 :~11 o f th e :>ct." ,,.,d .:c rv ic c .~ p c rf'o rn ,c d by ,111d 1.111Ji.;r tlii.; li.;nn:; llf" tlii::; Agn..:l:111l:111. TltiS
Agreement shall 1101 in any way be construed to create u partnership. association or any other
kin d of joint undertaking, enterprise or venture between the parties.
20. C o m u li a n cc w ith L aw s, Thi.'. Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
C o n tra ct N o . XX-XX Page 6 or8
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Agreement. and i11 particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect Lo any conduct of the other which is in violation or the terms of this Agreement
shall not be construed as a waiver or the violation or breach. or or any future violation, breach
or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement. shall survive termination of the Agreement.
shall remain in full force and effect unless and until the terms or conditions arc completed and
shall be folly enforceable by either party.
23. Prohibition of Contingency Fees. The Consultant warrants that ii has not employed or
retained any company or person. other than a bona fid e employee working solely for the
Con ultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
pcrso nts). company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant. any foe. commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement,
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133. Florida
Statutes (Public Entity Crimes Statute), notification or which is hereby incorporated herein by
reference. including execution or any required affidavit.
25. Counterparts. This Agreem ent may be executed in several counterparts, each of which shall
be deem ed an original and such counterparts shall constitute one and the same instrument.
26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or
attachments hereto, the terms of this Agreement shall control.
27. E -V crifv Affidavit. In accordance with Section 448.095, Florida Statutes. the Village requires
all contractors doing husiness with the Village: to register with and use the ii-Verify system lo
verify the work authorization status or all new ly hired ernploye s. T he Village will not enter
into a contract unless each party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity's participation/enrollment in E-Verify. please
visit; https://www .C-VL~ri t\1. gov/faq/how-do-i-providc-prou r-o f-my-parti c i pat ioncnro 11 men t
i n-e-\·cri fv. By entering into this Agreement. the Contractor acknowledges that it has read
Section 448.095, Florida Statutes; will comply with the E-Vcrify requirements imposed by
Section 448.095. Florida Statutes, including but not limited to obtaining E-Verify affidavits
from subcontra ctors; and has executed the required nffidavit attached hereto and incorporated
herein.
I Remainder of page intentionally left blank. Signature pages follow.]
Contract No. XX-XX Page 7 ol'R
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IN WIT:'\F.SS WHEREOF. the parties hereto huvc caused this Agreement to be executed the dav and veur us first
stated above, · ·
\'ILi.AGE OF KtY UISCAYNI:: CONSLl,TAI\T
\
13y: ~=.~--="""--'-_o,._J ~=~~--
1\111:st:
"' ~E,,l!y: tt:,:~-----llt,,iil~
.locelyu H. K,,L'i1
Village Clerk
Approved as to form and ll'l.(al sufficiency: DocuSlgned &y:·
[L,J, f vu~o.AA,
Hy: EB4Fl5E0EE184CF
Weiss Scrota Hclfmun Cole & Bierman. P.I..
Village Attorney
A d d resses fo r N otic e:
Village or Key Hiscayne
Attn: Village Manager
~8 West M clntyre Street
K0y B iscay ne, ri, JJ I 49
305-365-5514 (telephone)
305-365-X936 (facsimile)
tiwilliamson(,!1kcybi~cay111.:. 11 .gov ( email)
With a cop y to :
Weiss Scrota I Iclfman Cole & Bierman, l'.L.
Attn : Chad Friedman. Esq.
Village or Key Biscayne Auurncy
2800 l'oncc de Leon Boulevard, Suite 1200
Coral Gables, 1-'L ~-' I _1,4
cl'ried1nun(qlwsh-luw.com (email)
_____________ (telephone)
_____________ (facsimile)
_____________ (email)
With a copy to :
_____________ (telepho ne)
_____________ (facsimile)
_____________ (email)
Contract No. XX-XX Page 8 of 8
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E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statures, the Village requires all contractors doing
business with the Village 10 register with and use the E-Vcriry system Lo verily the work
authorization status or all newly hired employees. The Village will not enter into a couuuct unless
each party lo the contract registers with and uses the E-V erily system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof ofthe contracting entity's participauon/cnrollmcut in E-V1.•rify, please visit:
https:1 lwvvw .c-vcri fv. gt1v1 foq/how-du-i-provitk-prool:..o 1:..my-partic.ipatio11cnrol I rnc11t-i11-c-vcri IV
By signing below, the contracting entity acknowledges that ii has read Section 448.095, Florida
Statutes and will comply with the C-Yeriry requirements imposed by it, including but not limited
10 obtaining E-Verify affidavits from subcontractors.
!c'heck here to con ti rm proof of enrollment in [-Verify has been attached to this Affidavit.
Signed. sealed and delivered by:
Print
Title: -+--1-'~~.=.il.L-~~--------
----~-d-'-'--~-:0- \ f.fc:gptity Name: .........,~""---""--"=-::.~ ......... <->-=,...,
State or Florid,1 , f) \
County of ti\, O..""'-, - ~-e......
A C K N O W L E D G M E N T
_Lrersonally known Lo me: or
___ Produced identification (Type of Idcnti fication: _
___ Did take an oath; or
Did not take an oath ---
Contract No. XX-XX E-Yerify Affidavit
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EXHIBIT A
SC O PE O F SER V IC ES (see att ached)
Contract No. XX-XX Lxhibit A: Scope or Services
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PJantP.1a1si5ren~c..
145 SW 3rd Avenue
Homestead FL 33030 US
+ 1 3052590503
info@plantprofessionals.com
www.plantprofessionals.com
Estimate
ADD.RE-SS
Jocelyne Moussavou
The Village of Key Biscayne
88 West McIntyre Street, suite
210
Key Biscayne, FL 33149
SHtPIO
Jocelyne Moussavou
The Village of Key Biscayne
88 West McIntyre Street, suite
210
Key Biscayne, FL 33149
.E.SilMAIE # 8780
DATE 06/22/2023
SAL.ES PERSONLOES LGNE R
Tyler Rutter
OfY AC IWI rv
4 year interior plant lease and guaranteed plant maintenance
'"Chief of Staff office"'
2 Assorted 1 O" plant
2 Round floor planter
-Approximately 12" D x 12" H
-Color TBD
Assorted Orchid
Decorative ceramic container
-Approximately 6" D x 6" H
-Color TBD
... Managers sulte""
5 Assorted 1 O" plant
5 Round floor planter
-Approximately 12" D x 12" H
-Color TBD
Bromeliad bowl
-Grouping of 3 Bromeliads
Low profile decorative bowl
-Approximately 18"-24" D
-Color TBD
... Managers office-··
Assorted 1 O" plant
Round floor planter
-Approximately 12" D x 1 2" H
-Color TBD
Assorted Bromeliad
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QTY ACTIVITY
Decorative ceramic container
-Approximately 7" D x 7" H
-Color TBD
Assorted Orchid
Decorative ceramic container
-Approximately 6" D x 6" H
-Color TBD
... Reception area?"
3 Assorted 1 O" plant
3 Round floor planter
-Approximately 12" D x 12" H
-Color TBD
Assorted Orchid
Decorative ceramic container
-Approximately 6" D x 6" H
-Color TBD
···clerks office?"
5 Assorted 1 O" plant
5 Round floor planter
-Approximately 12" D x 12" H
-Color TBD
Assorted 6" plant
Decorative ceramic container
-Approximately 7" D x 7" H
-Color TBD
4 Assorted Orchid
4 Decorative ceramic container
-Approximately 6" D x 6'' H
-Color TBD
***Finance office ...
7 Assorted 1 O" plant
7 Round floor planter
-Approximately 12" D x 12" H
-Color TBD
Assorted Orchid
Decorative ceramic container
-Approximately 6" D x 6'' H
-Color TBD
... 2nd floor terrace?"
Assorted palm 14"
Round floor planter
-Approximately 16" D x 16" H
Color• TBD
•"'Building/ Zoning office· ..
14 Assorted 1 O" plant
14 Round floor planter
-Approximately 12" D x 12" H
-Color TBD
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Q T Y A C T IV IT Y
3 Assorted Orchid
3 Decorative ceramic container
-Approximately 6" D x 6" H
-Color TBD
••·community center tst floor* ..
4 Assorted 1 O" plant
4 Round floor planter
-Approximately 12" D x 12" H
-Color TBD
Assorted 6'' plant
Decorative ceramic container
-Approximately 7" D x 7" H
-Color TBD
2 Bromeliad bowl
-Grouping of 3 Bromeliads
2 Low profile decorative bowl
-Approximately 18"-24" D
-Color TBD
... Community center 1st floor (outside) ...
-Price assumes existing containers to be utilized in this area
8 Assorted 1 O" plant
4 Assorted 6" plant
2 Assorted 14" plant
... Community center 2nd floor?"
15 Assorted 1 0" plant
15 Round floor planter
-Approximately 12'' D x 12'' H
-Color TBD
7 Assorted 6" plant
7 Decorative ceramic container
-Approximately 7" D x 7" H
-Color TBD
... For all planters"'
Spanlsh moss to be installed as a ground cover for all planters
Please note: There will be a one time delivery/installation charge of $1150. Payment will
be due on the completion of the installation.
SUBTOTAL
TAX
TOTAL
900.00
0.00
$900 .. 00
Accepted By Accepted Date