Backup Documents 02/24/2026 Item #16A 5 (E- Santos Tree Service, Inc) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 41 6 A 5
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney
Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney
Office no later than Monday preceding the Board meeting.
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with
the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Risk Risk Management
2. County Attorney's Office County Attorney Office
4. BCC Office Board of County
Commissioners Pik I fli JS/ z/zs
4. Minutes and Records Clerk of Court's Office r
5. Procurement Services Procurement Services
PRIMARY CONTACT INFORMATION
Normally,the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event
One of the addressees above may need to contact staff for additional or missing information.
Name of Primary Staff Francheska Correa/Procurement Contact Information 239-252-6020
Contact/Department
Agenda Date Item was February 24,2026 Agenda Item Number 16. A.5".
Approved by the BCC
Type of Document Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A 25-8393 E-Santos Tree Service,
number if the Tree Maintenance and Inc.
document is to be Arborist Services
recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature, STAMP OK N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name,Agency,Address,Phone)on an attached sheet.
3. The original document has been signed/initialed for legal sufficiency. (All documents to FC
be signed by the Chairman,with the exception of most letters,must be reviewed and
signed by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the FC
document or the final negotiated contract date,whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney's Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame,or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on February 24,2026,and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County .tint an option for
Attorney's Office has reviewed the changes,if applicable. 1�� this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the (hrl an option for
Chairman's signature. this line.
1 6 A 5 ;a
PROFESSIONAL SERVICE AGREEMENT
#25-8393
for
Tree Maintenance and Arborist Services for Parks and Recreation
THIS AGREEMENT, made and entered into on this al-) day of j 7 i1 , 202Jp, by and
between E-SANTOS TREE SERVICE,INC. J
authorized to do business in the State of Florida, whose business address is
3890 21st Ave.SW Naples,FL 34117 ,(the "Contractor")
and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. The Agreement shall be for a three ( 3 ) year period, commencing upon ■ date
of Board approval; of n on , and terminating three ( 3 ) year(s)
from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the
Agreement period have been completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
( 2 ) additional one ( 1 ) year(s) periods. The County shall give the
Contractor written notice of the County's intention to renew the Agreement term prior to
the end of the Agreement term then in effect.
The County Manager, or the County Manager's designee, may extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or designee, shall give the Contractor written
notice of the County's intention to extend the Agreement term prior to the end of the
Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a ❑■ Purchase Order ❑ Notice to Proceed Work Order.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions ❑ Request for Proposal (RFP) Invitation to Bid (ITB) ■
Other Invitation for Qualification ( IFQ )# 25-8393
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred
to herein and made an integral part of this Agreement.
I. The Contractor shall also provide services in accordance with Exhibit A — Scope of
Services attached hereto.
3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in
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compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
3.2 The execution of this Agreement shall not be a commitment to the Contractor to
order any minimum or maximum amount. The County shall order items/services as
required but makes no guarantee as to the quantity, number, type or distribution of
items/services that will be ordered or required by this Agreement.
3.3 ■ The procedure for obtaining Work under this Agreement is outlined in Exhibit A —
Scope of Services attached hereto.
3.4 The procedure for obtaining Work under this Agreement is outlined in Other
Exhibit/Attachment:
The County reserves the right to specify in each Request for Quotations: the period
of completion; collection of liquidated damages in the event of late completion; and the
Price Methodology selected in 4.1 .
4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this
Agreement based on Work performed pursuant to the quoted price offered by the
Contractor in response to a specific Request for Quotations and pursuant to the Price
Methodology in Section 4.1. Payment will be made upon receipt of a proper invoice and
upon approval by the County's Contract Administrative Agent/Project Manager, and in
compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act".
4.1 Price Methodology (as selected below):
■ Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are
transferred from the County to the contractor; and, as a business practice there are no
hourly or material invoices presented, rather, the contractor must perform to the satisfaction
of the County's project manager before payment for the fixed price contract is authorized.
of hours times hourly rate), and for materials and equipment used in the project (cost of
which it is not posvible to accurately estimate the size of the project, or when it is expected
that the project requirements would most likely change. As a general business practice,
hours worked and billing rate by position (and company (or subcontractor) timekeeping or
payroll records), material or equipment invoices, and other reimbursable documentation
for the project.
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
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invoice must identify the unit price and the number of units received (no contractor inventory
or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided sufficient
funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of the Agreement. Any untimely submission of invoices beyond the
specified deadline period is subject to non-payment under the legal doctrine of"'aches" as
untimely submitted. Time shall be deemed of the essence with respect to the timely
submission of invoices under this Agreement.
4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
4.5 I I Travel and Reimbursable Expenses: Travel and Reimbursable Expenses
must be approved in advance in writing by the County. Travel expenses shall be
reimbursed as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage $0.44.5 per mile
QB,reakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach clan
fare
Rental car Actual rental cost limited to compact or
standard size vehicles
Actual cost of lodging at single occupancy rate
with a cap of no more than $150.00 per night
making Actual cost of parking
Taxi or Airport Limousine Actual cost of either taxi or airport limousine
Reimbursable items other than travel expenses shall be limited to the following: telephone
opying charges and postage. Reimbursable
items will be paid only after Contractor has provided all receipts. Contractor shall be
responsible for all other costs and expenses associated with activities and solicitations
undertaken pursuant to this Agreement.
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
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exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531 C.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: E-SANTOS TREE SERVICE, INC.
Address: 3890 21st Ave.SW
Naples, FL 34117
Attention Name & Title: Maria Roman
Telephone: 239-289-3682
E-Ma i l(s): nathjaco@aol.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Name: Parks and Recreation
Division Director: James D Hanrahan
Address: 15000 Livingston Rd.
Naples,FL 34109
Administrative Agent/PM: Eric Short
Telephone: 239-252-4095
E-Mail(s): eric.short@collier.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the U.
S. Government now in force or hereafter adopted. The Contractor agrees to comply with
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all laws governing the responsibility of an employer with respect to persons employed by
the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive purpose,
or for any purpose in violation of any federal, state, county or municipal ordinance, rule,
order or regulation, or of any governmental rule or regulation now in effect or hereafter
enacted or adopted. In the event of such violation by the Contractor or if the County or its
authorized representative shall deem any conduct on the part of the Contractor to be
objectionable or improper, the County shall have the right to suspend the Agreement of the
Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to
the satisfaction of the County within twenty-four (24) hours after receiving notice of such
violation, conduct, or practice, such suspension to continue until the violation is cured. The
Contractor further agrees not to commence operation during the suspension period until
the violation has been corrected to the satisfaction of the County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate said
Agreement for cause; further the County may terminate this Agreement for convenience
with a thirty (30) day written notice. The County shall be the sole judge of non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
12. INSURANCE. The Contractor shall provide insurance as follows:
A. • Commercial General Liability: Coverage shall have minimum limits of
$ t,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. 1E1 Business Auto Liability: Coverage shall have minimum limits of
$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. n Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
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The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for
each accident.
B- ❑ Professional Liabilit l:: Shall be maintained by the Contractor to ensure its legal
liability for claims arising out of the performance of professional services under this
Agreement. Contractor waives its right of recovery against County as to any claims under
this insurance. Such insurance shall have limits of not lesc than$ each claim
and aggregate.
I 1 l ybcr Liability Coverage shall have minimum limits of $ per
occurrence.
F- ❑ Technology Errors and Omissions: Coverage shall have minimum limits of
$ per occurrence.
6- ❑ : Coverage shall have minimum
limits of$ per occurrence.
# : Coverage shall have minimum
limits of$ per occurrence.
f- I I : Coverage shall have minimum
limits of$ per occurrence.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be primary
and non-contributory with respect to any other insurance maintained by, or available for the
benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) days prior written notice, or in accordance with policy provisions.
Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall
defend, indemnify and hold harmless Collier County, its officers and employees from any
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and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent caused
by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or
anyone employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon presentation
of a claim by any party and written notice of such claim being provided to Contractor.
Contractor's obligation to indemnify and defend under this Article 13 will survive the
expiration or earlier termination of this Agreement until it is determined by final judgment that
an action against the County or an indemnified party for the matter indemnified hereunder is
fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Parks and Recreation Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. Contractor further represents that no persons
having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), • Exhibit A Scope of Services,
I■I Exhibit B Affidavit Regarding Labor and Services, I I RFP/ I I ITB/■
Other Invitation for Qualification #25-8393 , including Exhibits,
Attachments and Addenda/Addendum, I I cubccqucnt quetes; a n Othcr
Exhibit/Attachmcnt:
17. APPLICABILITY. Sections corresponding to any checked box ()will expressly apply to
the terms of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall
offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of
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value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure
5311. Violation of this provision may result in one or more of the following consequences:
a. Prohibition by the individual, firm, and/or any employee of the firm from contact with
County staff for a specified period of time; b. Prohibition by the individual and/or firm from
doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held
by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including but
not limited to those dealing with the Immigration Reform and Control Act of 1986 as located
at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as
well as the requirements set forth in Florida Statute, §448.095; taxation, workers'
compensation, equal employment and safety including, but not limited to, the Trench Safety
Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if
applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-
(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequest(c�colliercountyfl.gov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency 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 in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
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required by the public agency to perform the service. If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public
agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
22. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
24. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. The negotiation shall be attended by
representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
25. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
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26. • KEY PERSONNEL. The Contractor's personnel and management to be utilized for this
project shall be knowledgeable in their areas of expertise. The County reserves the right
to perform investigations as may be deemed necessary to ensure that competent persons
will be utilized in the performance of the Agreement. The Contractor shall assign as many
people as necessary to complete the services on a timely basis, and each person assigned
shall be available for an amount of time adequate to meet the required service dates. The
Contractor shall not change Key Personnel unless the following conditions are met: (1)
Proposed replacements have substantially the same or better qualifications and/or
experience. (2) that the County is notified in writing as far in advance as possible. The
Contractor shall make commercially reasonable efforts to notify Collier County within
seven (7) days of the change. The County retains final approval of proposed replacement
personnel.
1 AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
27. IiI ORDER OF PRECEDENCE. In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of solicitation the Contractor's Proposal,
and/or the County's Board approved Executive Summary, the Contract Documents shall
take precedence.
1 ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or
among the terms of any of the Contract Documents and/or the County's Board approved
Executive Summary, the terms of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at County's discretion.
28. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
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This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and
properties. Contractor ID badges are valid for one (1) year from the date of issuance and
can be renewed each year at no cost to the Contractor during the time period in which
their background check is valid, as discussed below. All technicians shall have on their
shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPS(c�colliercountyfl.gov) whenever an employee assigned to Collier
County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of$500 per incident.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If
there are additional fees for this process, the Contractor is responsible for all costs.
(Intentionally left blank-signature page to follow)
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IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, Clerk of the
Circuit Court and Comptroller
ey � it ,of By / ,
f am, dirt, +
-dated , : :' li(p Dan Kowal, Chairman
Cont iatto'I#s *Witnesses: E-SANTOS TREE SERVICE,INC.
Contractor
U-14't- C/ - - By:
o ctor's . ' ess .gna ure
I a I( l Gc b ii/LGc--�1 r
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I T e/ ri witness namel'
Contractor's S nd Witness
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I'Type/print Witness namel
A e• .. or and Legality:
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t,,,4y County Attorney
Print Name
Page 12 of 15
Professional Service Agreement L/
[2025_ver.2] .,/
16A5
Exhibit A
Scope of Services
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this exhibit is not applicable
Page 13 of 15
Professional Service Agreement
[2025_ver.2]
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16A5
Exhibit A—Scope of Services
#25-8393 "Tree Maintenance and Arborist Services for Parks and Recreation"
1. Basic Tree Pruning
Following ISA Best Management Practices,this category is divided into four(4)primary pruning methods,which
include:a.Cleaning,b.Thinning,c.Raising,and d.Reducing.
1.1 Cleaning
Cleaning trees is the selective removal of dead, diseased, cracked, stubbed,hanging, and broken branches.
This service can be performed on a tree of any age, but is most common in middle-aged to mature trees.
Cleaning is the preferred method for mature trees as it does not remove live branches unnecessarily. The
location of the branches to be removed should be reviewed with the Division Project Manager or designee.
1.2 Thinning
Pruning to thin is the selective removal of small live branches to reduce crown density.Proper thinning retains
the crown shape and size and should provide an even distribution of foliage throughout the crown.
1.3 Raising
Pruning to raise, elevate,or lift a canopy is the selective removal of branches to provide vertical clearance.
An 8-foot height clearance is required for trees within planting beds,or as directed by the Division Project
Manager or designee.
1.4 Reducing
Pruning to reduce is the selective removal of branches and stems to decrease the height and/or spread of a
tree or shrub.
2. Structural Tree Pruning
Structural tree pruning is the removal of live branches and stems to influence orientation, spacing, growth rate,
strength of attachment, and ultimate size of branches and stems. The removal percentage is between 25 —50
percent,depending on the tree type. The structural pruning includes all basic tree pruning techniques listed.
3. Palm Pruning
Removal of fronds,flowers,fruit,stems,or loose petioles that may create a hazardous condition. Palms may be
pruned aesthetic reasons to eliminate sprouts and stems or dead fronds and seedpods.
• Live healthy fronds should not be removed.If they must be removed,avoid removing those that initiate above
the horizontal. Fronds removed should be severed close to the petiole base without damaging living trunk
tissue.
• Only those fronds with petioles drooping below the horizontal 9:00-3:00 position should be removed.All
seed pods should be removed, including those originating among remaining fronds.When removing fronds
and seedpods,care should be taken so that those fronds that are to remain are not nicked or wounded.
• Climbing spikes shall not be used to climb palms for pruning.
5. Stump and Root Grinding
Contractors must have the technical knowledge,ability,and experience in grinding stumps and roots to remove the
root system and stump.
6. Deboot(Clean)Palm Trees
De-booting or slicking of palm trees is the removal of the boot along the trunk of a palm. Complete boot removal
and disposal of debris.
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Exhibit A—Scope of Services
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I6A5
7. Tree Removal
Tree removal may be requested for various reasons,including but not limited to safety concerns,disease,invasive
species,and space clearance.An evaluation of the tree and the surrounding area should be conducted to determine
the best removal approach.
8. Crew
• Crew Leader shall be familiar with all phases of tree trimming,rigging,and removals with knowledge of the
standards as outlined by the ISA and the National Arborist Association.
• Crews shall have the appropriate certifications and experience to perform services in the specifications.
9. Crew Communication
Contractors shall provide a qualified English-speaking crew leader/supervisor who must be present and readily
available to Division personnel during business hours of operation at the worksite.
• The Contractor's Project Manager or designee shall be a singular point of contact with cellular phone and e-
mail for on-site and off-site communication.
• They must be able to meet on-site when requested and must be able to answer any questions regarding the
work.
10. Work Area Preparation/Inspection
When preparing the work area,the Contractor must protect ground cover and any landscape material within the
work area.If plants, shrubs,trees,grass, or foliage die due to neglect or damage by the Contractor, Contractor's
employees,or Subcontractor,as determined by the Division Project Manager or designee,they shall be replaced
at the Contractor's expense.Replacement materials should be like-for-like. Otherwise, substitutions will need to
be approved in writing by the Division Project Manager or designee.
• Contractors shall perform inspections on all trees and palms for disease or insect infestation during the site
visit or service to the site. Contractors shall immediately notify the Division Project Manager or designee
should a disease or infestation be found and recommend the appropriate treatment.
o If a harmful pest is identified and needs treatment, quotes are required to be approved by a Parks
Field Supervisor or designee before any treatments.
• Contractors shall provide ramps or other devices to gain access over the curb in all parks.The curb or turf
areas shall not be damaged due to gaining access,and they will be furnished and replaced at the Contractor's
expense.
11. Utilities
Contractor shall exercise caution around all utilities. The Contractor will be liable for any damage to utilities
caused by negligence. The County acknowledges that unmarked or incorrectly marked utilities are not the
Contractor's responsibility,provided the Contractor follows proper notification procedures including contacting
Sunshine 811 before any excavation.
12. Repairs/Damages
Contractor shall be responsible for promptly repairing damages caused by Contractor's employees. All expenses
incurred shall be the Contractor's responsibility.
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Exhibit A—Scope of Services
16A5
13. Maintenance of Traffic(MOT)
MOT may be requested on an"as-needed basis." Contractor shall comply with the requirements of the County's
Maintenance of Traffic(MOT)Policy.
• Upon approval of a MOT Plan and proper placement of lane closed signs,pre-warning signs,arrow boards,
traffic cones,etc.,the lane may be restricted from traffic.
14. Equipment Requirements
The equipment utilized shall be in good working condition,properly maintained,and designed and manufactured
for the work required in the specifications. It shall be equipped with all safety devices available and must be
properly maintained. The crews must be trained to safely use the equipment.
• Equipment List:Provide a list of all company-owned and leased equipment for the resultant agreement.
15. Uniforms and Identification Badges:
The Contractor's employees shall be attired in distinctive, clean, and identifiable uniforms furnished by the
Contractor.They shall be neat and clean in appearance. The uniform shall consist of a logo shirt and matching
long pants.
The contractor's employees shall also wear an identification badge,provided by Collier County,in plain sight and
at all times.
No employee or supervisor shall be allowed to work in a County facility without a proper uniform and a County
identification badge.
The front of the employee identification badge shall have the employee's photo,the employee's name, and the
Contractor's company name.
Page 3 of 3
Exhibit A—Scope of Services
CAO
1 6A5
Exhibit B
Affidavit Regarding Labor and Services
Following this page
Page 14 of 15
Professional Service Agreement
[2025 ver.2]
CAo
16A5
AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROIIIBITED
Effective July 1, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed, or extended between a
nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an
affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the
nongovernmental entity does not use coercion for labor or services.
Effective January 1,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet
any of the following criteria: (a)the entity is owned by the government of a foreign country of concern;(b)the government of a
foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal
place of business in a foreign country of concern.
Effective July 1,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access
to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an
officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs
(2)(a)-(c),§287.138,Florida Statutes. --�-
Nongovernmental Entity's Name: r c ) -Yl-0 S ,Fe. c e x V I CC-J _Ln C
Address: (38 Q 0 2.1 s vI IN)a p es FL '!I 1
Phone Number: 2 3 vl - 2 'q - ' 1
Authorized Representative's Name: i a 3 .. or n
Authorized Representative's Title: V , re S ( T
Email Address: NI r
I, pry/ (Name o uthorized Representative), as authorized representative attest under
penalty o pet jury that kii.e.of Nongovernmental Entity) does not: (I) use
coercion for labor or services as de ned in § 787.06,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by
a government of a foreign country of concern,(b)that a foreign country of concern does not have a controlling interest in the
entity, and (c)that the entity is not organized under the laws of or has its principal place of business in a foreign country of
conce : pro a•'ted under§287.138,Florida Statutes.
U� r e.alty o : rjury,I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
41) -n 5—
(Signature of authorized representative) Date
STATE OF 11, C A--
COUNTY OF Le --e—
Swo to(or affirmed)and subscribed before me,by,means of tl�iysical presence or❑online notarization this
5 day of g'tk_20 rc,by i1/41"-i' (Name of Affiant),who produced his Florida Driver's License as
ide l tificat• .
A
Nota Public/
/• ,, JACQUELINE WICKMAN
-
Notary Public-State of Florida
°f 1 0 Z 02 ( ,..7M Commission#HH 718517
re ( My Comm.Expires Sep 10.2029
Commission Expires
Personally Known 0 OR Produced Identification V
Type of Identification Produced: f/ N-
CAO
16A5
Other Exhibit/Attachment
Description:
following this page (pages through
■ this exhibit is not applicable
Page 15 of 15
Professional Service Agreement
[2025_ver.2]
CCAO