Today we received a voicemail and then subsequently we returned the call to a man who identified himself as Damon Marotta owner of Southern Arbor Services.
“Good afternoon Mr. Levy my name is Damon Marotta the owner of Southern Arbor services I was made aware of a recent article that you have written in your website about our company. Your figures are wrong sir and you will be hearing from our attorney.”This was left on our voicemail.
Marotta threatened us with legal action. Marotta says our publication yesterday has wrong numbers. He failed to say what numbers are wrong, but that I bashed him.
Deerfield-News again is putting the exact information we received via the public request response we received from the city of Deerfield Beach.
The list we received in our public records request clearly shows that the city of Deerfield Beach has paid a total of $477,810.08 from January 1, 2019 thru March 31 2021.
Below is the top of the ledger the city sent and the total of all the payments made from January 1,2019 thru March 31,2021
Check Dates Between Jan 1, 2019 and Mar 31, 2021
City of Deerfield Beach Accounts Payable Check Register
Total payments $ 477,810.08
Here is the original contract awarding Southern Arbor Services who at the time according to the city was the lowest bidder.
RESOLUTION NO. 2016/ 210
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, APPROVING THE AWARD OF CITYWIDE TREE TRIMMING, REMOVAL AND MAINTENANCE SERVICES,
ITB # 2015 – 16/ 67 TO SOUTHERN ARBOR SERVICES, INC. IN AN
AMOUNT AS APPROVED IN THE APPLICABLE FISCAL YEAR
BUDGET BY THE CITY COMMISSION
WHEREAS, the ITB was advertised in the legal notices section of the Sun- Sentinel on
September 16, 2016 and the notice was also sent to forty-nine ( 49) prospective Offerors via the eProcurement Marketplace; and
WHEREAS, nineteen ( 19) vendors viewed the documents ofthe ITB; and
WHEREAS, on September 27, 2016 at 2: 00 p.m. EDST, the due date and time, the
Purchasing Division closed and unsealed the two ( 2) responses received and the responses were
reviewed by the Purchasing and Contract Administration Division to ensure each response met the
ITB requirements; and
WHEREAS, the apparent low Offeror, Southern Arbor Services response met the ITB
WHEREAS, the Purchasing and Contract Administration Division met with Parks and
Recreation staff to review the response and concluded that Southern Arbor Services met all the
requirements of the ITB and recommended awarding the contract to Southern Arbor Services; and
WHEREAS, pursuant to the solicitation documents, the initial contract term shall be for one
1) year with the City reserving the right to renew the contract for two ( 2) additional one ( 1) year
renewal terms providing all terms conditions and specifications remain the same, both parties agree
to the renewal and such renewal is approved by the City; and
WHEREAS, the City Commission finds that it is in the best interest of the residents of
the City of Deerfield Beach to award the Bid to Southern Arbor Services, Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS:
Section 1. The above referenced ” Whereas” clauses are true and correct and made a part
Resolution No. 2016/ 210
Section 2. The City Commission does hereby award ITB # 2015 – 16/ 67 to Southern Arbor
Services, Inc. In accordance with the Charter of the City of Deerfield Beach, the City Manager is
hereby delegated the authority to execute the contract that was a part of the bid documents. The
City Manager is hereby authorized to take any actions necessary to implement the award of ITB
2015 -16/ 67 including the approval and execution of any renewal terms, provided that funding has
been approved in the applicable fiscal year budget by the City Commission.
Section 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 1ST DAY OF NOVEMBER, 2016.
AN M. RO B, MAYOR
Here is the most recent contract between Deerfield Beach and Southern Arbor Services
RESOLUTION NO. 2020/ 041
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, APPROVING THE AWARD OF
REQUEST FOR PROPOSALS # 20- 054W FOR CITY- WIDE TREE
TRIMMING, REMOVAL, AND MAINTENANCE SERVICES TO
SOUTHERN ARBOR SERVICES, INC.; AUTHORIZING EXECUTION OF
AN AGREEMENT WITH SOUTHERN ARBOR SERVICES, INC.; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, in order to keep up with the required trimming and maintenance for the City’ s
inventory of approximately 18, 000 trees, the City is in need of independent contractors to perform
various landscape maintenance services, including tree trimming; and
WHEREAS, the City issued Request for Proposals # 20- 05- JW for City -Wide Tree
Trimming, Removal, and Maintenance Services (the ” RFP”); and
WHEREAS, the RFP was advertised in the legal notices section of the Sun -Sentinel on
January 29, 2020, and the notice was also sent to forty-eight prospective offerors via the eProcurement Marketplace; and
WHEREAS, nineteen vendors viewed the RFP documents; and
WHEREAS, on February 20, 2020 at 2: 00 p.m., the Purchasing and Contract
Administration Division unsealed the three proposals that were timely received, and reviewed the
proposals to ensure they met the RFP requirements; and
WHEREAS, the evaluation committee members independently reviewed and scored the
three proposals in accordance with the weighted criteria stated in the RFP prior to the first public
evaluation committee meeting; and
WHEREAS, the evaluation committee meeting was held on March 6, 2020 to score the
proposals based on the weighted criteria stated in the RFP; and
WHEREAS, following the rankings, the evaluation committee concluded and was
unanimous in their decision to make a recommendation to approve the ranking and award a
contract to the top ranked firm Southern Arbor Services, Inc. (” Southern Arbor”); and
WHEREAS, the evaluation committee recommends that the City Commission approve the
rankings and award a contract to Southern Arbor and authorize execution of an agreement with
Southern Arbor for City- wide tree trimming, removal, and maintenance services for a two- year
term with three optional one- year renewal periods.
Resolution 2020/ 041
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS:
Section 1. The above referenced ” Whereas” clauses are true and correct and made a
Section 2. The City Commission hereby approves the award of the RFP for City-wide
tree trimming, removal, and maintenance services to Southern Arbor.
Section 3. The City Manager is hereby authorized to execute an agreement with Southern
Arbor for an initial two- year term, on a fee per service basis, consistent with the terms of the RFP,
together with such non -substantial changes as are acceptable to the City Manager and approved as
to form and legal sufficiency by the City Attorney.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 7TH DAY OF APRIL, 2020.
CITY OF DEERFIELD BEACH
BILL GANZ, MAYOR
Rim -1 V
S kANT’ IA GII<. LYA , CMC, CITY CLERK
This CONTRACT is entered into by and between the CITY OF DEERFIELD BEACH
CITY”), a municipal corporation and Southern Arbor Services Inc., (” CONTRACTOR”), as
WITIN ESSETH: WHEREAS,
pursuant to RFP 20- 05- JW ( the ” RFP”) the CITY accepted competitive proposals
for City -Wide Tree Trimming, Removal and Maintenance Services (the Services); and WHEREAS,
the Services are delineated in the RFP; and WHEREAS,
this Contract, the RFP and the CONTRACTOR’ s Response constitute the entire
Contract and describe the Services tobe provided; and WHEREAS,
after evaluation of price and other evaluation criteria specified inthe RFP, the
evaluation committee and the City Commission ofthe City of Deerfield Beach, Florida, the CITY
has determined that the most responsive and responsible proposal was submitted by CONTRACTOR
and that CONTRACTOR has the necessary resources, experience and ability to
perform the contract at a competitive price; and WHEREAS,
the CITY has awarded the contract to CONTRACTOR forthe Services on April
8, 2020, Resolution No 2020/ 041; NOW
THEREFORE, beit agreed by and between the parties as follows: ARTICLE
AND SCOPE OF SERVICES 1.
1 The above referenced Whereas clauses are true and correct and made apart hereof 1.
2 This Contract, the RFP, together withthe response tothe RFP of CONTRACTOR shall constitute
the entire Contract, except tothe extent specifically modified on Attachment A”
Additional Terms and Conditions. The parties agree that the scope of services is a description
of CONTRACTOR’s obligations and responsibilities and is deemed to include preliminary
considerations and prerequisites, and all labor, materials, equipment, and tasks
which are such an inseparable part of the work described that exclusion would render
performance by CONTRACTOR impractical, illogical, or unconscionable. 1.
3 Except as specifically modified herein, CONTRACTOR shall be bound by the terms and conditions
and prices as set forth in the RFP and the CONTRACTOR’S Response tothe RFP.
When the terms and conditions ofthis Contract may be read as consistent with the
RFP, then and in that respect, the terms of both the RFP and this Contract shall be read
as being consistent and shall be binding on both parties. Where terms and conditions
ofthis Contract contradict anything as set forth in the RFP or the response tothe
RFP, then the terms and conditions ofthis Contract shall be binding and in full force and
effect tothe extent of any inconsistency.
1. 4 This is a Non -Exclusive contract. The CITY may, in its sole and absolute discretion,
utilize other parties to provide any of the services listed in the RFP, or any aspect of the
Services if the CITY deems it to be in the best interest of the CITY.
1. 5 CONTRACTOR acknowledges and agrees that the Contract Administrator has no
authority to make changes that would increase, decrease, or otherwise modify the
Scope of Services to be provided under this Contract.
TERM AND TIME OF PERFORMANCE
2. 1 The initial Contract term shall be for two ( 2) years beginning April 8, 2020 and ending on
April 7, 2022 with the option to renew the Contract for three ( 3) additional one ( 1) year
renewal term providing all terms, conditions and specifications remain the same, both
parties agree to the renewal, and such renewal is approved by the City.
2. 2 In the event the CONTRACT is scheduled to end because of the expiration of the
CONTRACT, the CONTRACTOR shall continue to provide the products and services
upon the request of the City Manager or his designee. The extension period shall not
extend for more than ninety ( 90) days beyond the expiration date of the existing
CONTRACT. The CONTRACTOR shall be compensated for the products and services
at the rate in effect when this extension clause is invoked by the CITY.
2. 3 Time shall be deemed to be of the essence in performing the duties, obligations and
responsibilities required by this Contract.
3. 1 If the RFP provides that the CITY shall compensate the CONTRACTOR for services
provided by the CONTRACTOR, CITY agrees to pay CONTRACTOR, in the manner
specified in the RFP, the amounts set forth in CONTRACTOR’ s Response for work
actually performed and completed pursuant to this Contract, which amount shall be
accepted by CONTRACTOR as full compensation for all such work. It is acknowledged
and agreed by CONTRACTOR that this amount is the maximum payable and constitutes
a limitation upon CITY’ s obligation to compensate CONTRACTOR for its services related
to this Contract. This amount, however, does not constitute a limitation, of any sort,
upon CONTRACTOR’s obligation to perform all items of work required by or which can
be reasonably inferred from the Scope of Services. No amount shall be paid to
CONTRACTOR to reimburse its expenses.
If the RFP provides that the CONTRACTOR shall make payment to the CITY, such
payment shall be made in conformance with the requirements set forth within the RFP.
3. 3 The CONTRACTOR and the CITY shall abide by the Local Government Prompt
Payment Act, FL SS. 218. 70- 218. 80.
TERMINATION OR SUSPENSION
4. 1 This Contract may be terminated for convenience by the CITY. Termination for
convenience by the CITY shall be effective on the termination date stated in written
notice provided by CITY, which termination date shall be not less than thirty ( 30) days
after the date of such written notice. This Contract may also be terminated by the City
Manager upon such notice as the City Manager deems appropriate under the
circumstances in the event the City Manager determines that termination is necessary to
protect the public health or safety. The parties agree that if CITY erroneously,
improperly or unjustifiably terminates for cause, such termination shall be deemed a
termination for convenience, which shall be effective thirty ( 30) days after such notice of
termination for cause is provided.
4. 2 This Contract may be terminated for cause for reasons including, but not limited to,
CONTRACTOR’ s repeated ( whether negligent or intentional) submission for payment of
false or incorrect bills or invoices, failure to suitably perform the work; or failure to
continuously perform the work in a manner calculated to meet or accomplish the
objectives as set forth in this Contract.
4. 3 Notice of termination shall be provided in accordance with the “NOTICES” section of this
Contract except that notice of termination by the City Manager, which the City Manager
deems necessary to protect the public health, safety, or welfare may be verbal notice
that shall be promptly confirmed in writing in accordance with the ” NOTICES” section of
4. 4 In the event this Contract is terminated for convenience, CONTRACTOR shall be paid
for any services properly performed under the Contract through the termination date
specified in the written notice of termination. CONTRACTOR acknowledges and agrees
that it has received good, valuable and sufficient consideration from CITY, the receipt
and adequacy of which are, hereby acknowledged by CONTRACTOR, for CITY’ s right
to terminate this Contract for convenience.
4. 5 In the event this Contract is terminated for any reason, any amounts due
CONTRACTOR shall be withheld by CITY until all documents are provided to CITY
pursuant to Section 6. 1 of Article 6.
4. 6 Should at any time during the term of this contract, including any option terms, the
CONTRACTOR is in violation of any of the terms and conditions of this contract, the City
shall have the right to suspend the CONTRACTOR until the violation is resolved to the
satisfaction of the City. If the violation is not promptly resolved or is of such serious
nature that the City determines that suspension is not adequate, the City reserves the
right to terminate for cause.
4. 6. 1 In the event the CONTRACT is terminated, the City may assign the contract to
another CONTRACTOR, or seek a new CONTRACTOR, until the contract is re –
let, or until the end of the contract term then in effect, at its sole option and shall
reserve all legal remedies for damages and other relief.
EEO AND ADA COMPLIANCE
5. 1 CONTRACTOR shall not unlawfully discriminate on the basis of race, color, national
origin, sex, religion, age, political affiliation or disability in the performance of this
Contract, the solicitation for or purchase of goods or services relating to this Contract, or
in subcontracting work in the performance of this Contract. CONTRACTOR shall
include the foregoing or similar language in its contracts with any subcontractors or
subconsultants, except that any project assisted by the U. S. Department of
Transportation funds shall comply with the non-discrimination requirements in 49 C. F. R.
Parts 23 and 26, as amended. Failure to comply with the foregoing requirements is a
material breach of this Contract, which may result in the termination of this Contract or
such other remedy as CITY deems appropriate.
5. 2 CONTRACTOR shall not unlawfully discriminate against any person in its operations
and activities or in its use or expenditure of funds in fulfilling its obligations under this
Contract. CONTRACTOR shall affirmatively comply with all applicable provisions of the
Americans with Disabilities Act ( ADA) in the course of providing any services funded by
CITY, including Titles I and II of the ADA ( regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards. In addition,
CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment
against disabled persons.
6. 1 RIGHTS IN DOCUMENTS AND WORK
Any and all reports, photographs, surveys, and other data and documents provided or
created in connection with this Contract are and shall remain the property of CITY; and,
if a copyright is claimed, CONTRACTOR grants to CITY a non- exclusive license to use
the copyrighted item( s) indefinitely, to prepare derivative works, and to make and
distribute copies to the public. In the event of termination of this Contract, any reports,
photographs, surveys, and other data and documents prepared by CONTRACTOR,
whether finished or unfinished, shall become the property of CITY and shall be delivered
by CONTRACTOR to the Contract Administrator within seven ( 7) days of termination of
this Contract by either party. Any compensation due to CONTRACTOR shall be
withheld until all documents are received as provided herein.
6.2 AUDIT RIGHT AND RETENTION OF RECORDS
CITY shall have the right to audit the books, records, and accounts of CONTRACTOR
and its subcontractors that are related to this Project. CONTRACTOR and its
subcontractors shall keep such books, records, and accounts as may be necessary in
order to record complete and correct entries related to the Project. All books, records,
and accounts of CONTRACTOR and its subcontractors shall be kept in written form, or
in a form capable of conversion into written form within a reasonable time, and upon
request to do so, CONTRACTOR or its subcontractor, as applicable, shall make same
available at no cost to CITY in written form.
CONTRACTOR and its subcontractors shall preserve and make available, at reasonable
times for examination and audit by CITY, all financial records, supporting documents,
statistical records, and any other documents pertinent to this Contract for the required
retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, as
may be amended from time to time, if applicable, or, if the Florida Public Records Act is
not applicable, for a minimum period of three ( 3) years after termination of this Contract.
If any audit has been initiated and audit findings have not been resolved at the end of
the retention period or three ( 3) years, whichever is longer, the books, records, and
accounts shall be retained until resolution of the audit findings. If the Florida Public
Records Act is applicable to CONTRACTOR’ s and its subcontractors’ records,
CONTRACTOR and its subcontractors shall comply with all requirements thereof;
a. Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
b. Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in Chapter 119 or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the public agency in a format that is compatible
with the information technology systems of the public agency.
e. If Contractor does not comply with this section, the City shall enforce the contract
provisions in accordance with the contract and may unilaterally cancel this contract
in accordance with state law.
No confidentiality or non -disclosure requirement of either federal or state law shall be
violated by CONTRACTOR or its subcontractors. Any incomplete or incorrect entry in
such books, records, and accounts shall be a basis for CITY’ s disallowance and
recovery of any payment upon such entry.
CONTRACTOR shall, by written contract, require its subcontractors to agree to the
requirements and obligations of this Section 6. 2.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR’ S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT ( 954-480-4215, WEB. CLERK a(_DEERFIELDBEACH. COM, CITY OF DEERFIELD BEACH, CITY CLERK’ S
OFFICE, 150 NE 2ND AVENUE, DEERFIELD BEACH, FL 33441).
6. 3 COMPLAINTS AND DISPUTES: All complaints concerning misconduct on the part of
the Contractor or disputes between City staff and the Contractor are referred to the City
Manager or his designee, who shall conduct investigations and inquiries, including
discussions with the Contractor and involved staff. The determinations of the City
Manager or designee shall be binding upon the parties, and failure of the
CONTRACTOR to follow any such determination could be considered a material breach
and subject the CONTRACTOR to termination for cause. The CONTRACTOR agrees
that any complaints received by the City concerning misconduct on the part of the
CONTRACTOR, such as excessive charges, poor business practices etc., will be
referred to the Office of the City Manager for appropriate action. The CONTRACTOR
agrees to make any complaints concerning the City of Deerfield Beach available to the
Office of the City Manager for action as required.
6. 4 THIRD PARTY BENEFICIARIES
Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party
by this Contract. Therefore, the parties agree that there are no third party beneficiaries
to this Contract and that no third party shall be entitled to assert a right or claim against
either of them based upon this Contract.
6. 5 NOTICES
Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or sent
by commercial express carrier with acknowledgement of delivery, or by hand delivery
with a request for a written receipt of acknowledgment of delivery, addressed to the
party for whom it is intended at the place last specified. The place for giving notice shall
remain the same as set forth herein until changed in writing in the manner provided in
this section. For the present, the parties designate the following:
David Santucci, City Manager
City of Deerfield Beach
150 NE 2nd Avenue
Deerfield Beach, FL 33441
J /77L .
6. 6 MATERIALITY AND WAIVER OF BREACH
CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth
herein was bargained for at arms -length and is agreed to by the parties in exchange for
quid pro quo, that each is substantial and important to the formation of this Contract and
that each is, therefore, a material term hereof.
CITY’ s failure to enforce any provision of this Contract shall not be deemed a waiver of
such provision or modification of this Contract. A waiver of any breach of a provision of
this Contract shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Contract.
6. 7 SEVERANCE
In the event a portion of this Contract is found by a court of competent jurisdiction to be
invalid, the remaining provisions shall continue to be effective unless CITY or
CONTRACTOR elects to terminate this Contract. An election to terminate this Contract
based upon this provision shall be made within seven ( 7) days after the finding by the
court becomes final.
6. 8 JOINT PREPARATION
Each party and its counsel have participated fully in the review and revision of this
Contract and acknowledge that the preparation of this Contract has been their joint
effort. The language agreed to express their mutual intent and the resulting document
shall not, solely as a matter of judicial construction, be construed more severely against
one of the parties than the other. The language in this Contract shall be interpreted as
to its fair meaning and not strictly for or against any party.
6. 9 WAIVER OF JURY TRIAL
By entering into this contract, CONTRACTOR, and CITY hereby expressly waive any
rights either party may have to a trial by jury of any civil litigation related to this contract.
6. 10 AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Contract and executed by the CITY’ s Signator and
CONTRACTOR or others delegated authority to or otherwise authorized to execute
same on their behalf.
6. 11 PRIOR CONTRACTS
This document represents the final and complete understanding of the parties and
incorporates or supersedes all prior negotiations, correspondence, conversations,
Contracts, and understandings applicable to the matters contained herein. The parties
agree that there is no commitment, Contract, or understanding concerning the subject
matter of this Contract that is not contained in this written document. Accordingly, the
parties agree that no deviation from the terms hereof shall be predicated upon any prior
representation or Contract, whether oral or written.
6. 12 REPRESENTATION OF AUTHORITY
Each individual executing this Contract on behalf of a party hereto hereby represents
and warrants that he or she is, on the date he or she signs this Contract, duly authorized
by all necessary and appropriate action to execute this Contract on behalf of such party
and does so with full legal authority.
6. 13 MULTIPLE ORIGINALS
Multiple copies of this Contract may be executed by all parties, each of which, bearing
original signatures, shall have the force and effect of an original document.
6. 14 VERIFICATION OF EMPLOYMENT ELIGIBILITY
CONTRACTOR acknowledges and agrees to utilize the U. S. Department of Homeland
Security’ s E- Verify System to verify the employment eligibility of:
a. all persons employed by CONTRACTOR to perform employment duties within
Florida during the term of the Contract, and;
b. all persons ( including subcontractors) assigned by CONTRACTOR to perform
work pursuant to the Contract.
The CONTRACTOR acknowledges and agrees that use of the U. S. Department of
Homeland Security’ s E- Verify System during the term of the Contract is a condition of
the Contract. CONTRACTOR shall annually certify compliance with this requirement in
writing to the CITY’ S Contract Administrator assigned to the contract.
IN WITNESS WHEREOF the parties have caused these presents to be
CITY OF D
By: v w
AVID SANTUCCI, CITY MANAGER
Date: / 7 /// 5 ! 2 d
The latest contract was viewed by 19 companies of which three made proposals and the city awarded the contract to Southern Arbor Services.
Our public records request only asked for the financial information from January 1, 2019 thru March 31,2021 again we reiterate the city of Deerfield Beach has paid $ 477,810.08 to Southern Arbor Services from the financial information we received in the public records request we made.
This is the number the city of Deerfield Beach sent to us. I have double checked it. Not sure what nerve we struck with Mr.Marotta seems the taxpayers and residents are the ones that should be upset.