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R-93-0251
d-93-281 4/2/93 D RESOLUTION NO. 93-- 251 A RESOLUTION APPROVING THE CHIRP PROCUREMENT OFFICER'S DECISION TO REJECT THE PROTEST OF HAYDEN ENTERPRISES, INC. (HAYDEN), IN CONNECTION WITH BIDS FOR THE REPAIR OF PIERS AND BAYWALKS FOR THE DINNER KEY MARINA RESTORATION - PHASE II REHABILITATION OF PIERS AND BAYWALK H-1008, AS IT HAS BEEN DETERMINED TO BE WITHOUT MERIT. WHEREAS, on February 17, 1993, the City of Miami solicited bids for the Dinner Key Marina Restoration - Phase II Rehabilitation of Piers and Baywalk H-1008; and WHEREAS, the City received two (2) responses to this solicitation on Maroh 8, 1993; and WHEREAS, the bid of Cone Constructors, Inc. was the lowest, most responsible and responsive bid; and WHEREAS, on March 10, 1993, Hayden, the second bidder, protested the City's decision to award the bid to the lowest bidder; and WHEREAS, the Chief Procurement Officer, pursuant to Section 18-56.1 of the City Code, in her role - as arbiter, investigated this matter, met with the parties and determined that Hayden's protest was without merit and has rejected the protest; and WHEREAS, the City Manager and the City Attorney concur with and -approve the finding of the Chief Procurement Officer and recommend rejection of the protest filed by Hayden Enterprises. Inc., NOW, TEEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Chief Procurement OffioerIs decision to reject the protest of Hayden Enterprises, Inc., in connection with bids for the repair of piers and baywalks for the Dinner Key Marina Restoration - Phase II Rehabilitation of Piers and Haywalk H-1008, is hereby approved. i Section 3. This Resolution shall become effective - immediately upon its adoption. PASSED AND ADOPTED this 15th day of Aril 1993. _ XAVIE L SII MAYOR f ATTE .Ji w NATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: APPROVED AS TO FORK AND CORRECTNESS:. CARMEN L. LEODT III A. QUZW d ASSISTANT CITY ATTORNEY CITY ATTOa SSS : M3848 r 'ne 1¢ �!t -2_ - E YL- CITY OF MIAMI, FLORIDA 22 INTER -OFFICE MEMORANDUM - TO Honorable Mayor and Members DATE : r,� -, F,�� of the City Commission �;:.: , .•°,� Resolution of Protest sua,ECT for Dinner Key Marina Renovations -Phase II FROM : b, REFERENCES: Cesar H. Odio City Manager ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached resolution approving the Chief Procurement Officer's decision to reject the protest of Hayden Enterprises, Inc., E (Hayden), in connection with bids for Dinner Key Marina Renovations -Phase II, to repair the piers, baywalks and equipment at the marina. BACKGROUND On March 5, 1993, two (2) bidders responded to the City's bid _ solicitation for the above noted service. Bids were submitted by Cone Constructors, Inc., (Cone), the lowest bidder, and Hayden Enterprises, the second low bidder. Public Works Department staff determined that Cone Constructors' bid was the lowest, most responsible and responsive bid, and therefore, prepared to make a recommendation to have a contract awarded to Cone. Hayden Enterprises, Inc., protested the City's decision, alleging that Cone did not meet the strict language of the City's bid specifications. Hayden also charged that the City failed to apply the local preference, in accordance with the City Charter. Pursuant to Section 18-56.1 of the City Code, the Chief Procurement Officer investigated the matter and determined that the protest lacked merit, as detailed in the attached letter. Q/� Attachments: t' Proposed Resolution Copy of Protest Letter 93~ 251 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honourable Mayor and Members DATE : (; �y �1 „ � '" ^� FILE of the City Commission �;: +• sueJEcr . Resolution of Protest liv for Dinner Key Marina Renovations -Phase It FROM REFERENCES Cesar H. Odio City Manager ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached resolution approving the Chief Procurement Officer's decision to reject the protest of Hayden Enterprises, Inc., (Hayden), in connection with bids for Dinner Key Marina - Renovations -Phase II, to repair the piers, baywalks and equipment at the marina. On March 5, 1993, two (2) bidders responded to the City's bid solicitation for the above noted service. Bids were submitted by Cone Constructors, Inc., (Cone), the lowest bidder, and Hayden Enterprises, the second low bidder. Public Works Department staff determined that Cone Constructors' bid was the lowest, most responsible and responsive bid, and therefore, prepared to make a recommendation to have a contract awarded to Cone. Hayden Enterprises, Inc., protested the City's decision, alleging that Cone did not meet the strict language of the City's bid specifications. Hayden also charged that the City failed to apply the local preference, in accordance with the City Charter. Pursuant to Section 16-56.1 of the City Code, the Chief Procurement Officer investigated the matter and determined that the protest lacked merit, as detailed in the attached letter. QO/ Attachments: r Proposed Resolution Copy of Protest Letter 17N. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO. Cesar H. Odio, City Manager o�tE : March 30, 1993 FILE A. Quinn Jones III, City Attorney suarECT : Protest on Dinner Key j Marina Restoration, Phase YI FROM: Judy S. Carter, ssis nt irector �IEFEAENCES: Chief Procureinen 0 i er Department of Gene I ervices ENCLOSURES: te and Solid X ate I hereby request your approval of my rejection of the protest by Hayden Enterprises, in connection with the Dinner Key Marina Restoration Project, Phase II. The basis for my decision, as set forth in the attached letter, is i== the fact Hayden's protest has no merit._ APPROVED:; j Cesar H. Odio, City Manager APPROVEDt A. Quinn Jones III, City Attorney I 1 A. I 5: }i 1 3 � 1 r .a ;' DRAFT Date 1993 By FAX & CEATIFIND RAIL Mr. Richard Wales Weise Serota & Helfman, P.A. 2665 South Bayshore Drive, Suite 204 Miami, FL 33133 Dear Mr. Weiss: Re: Hid Protest from Hayden Enterprises, Inc., (Hayden) .concerning Phase II, Dinner Rey Marina Restoration Project As Chief Procurement Officer of the City of Miami, I received your protest letters of March 10, 16 & 19, 1993, reviewed pertinent documents, talked with employees, met with you and representatives of Cone Constructors, Inc., (Cone) and researched the issues, pursuant to my duties under Section 18-56.1, City of Miami Code, Resolution of Protest Solicitations and nN,.rds, The following is submitted in response to the two issues raised in your letter of protest: Issue 911 Cone Constructors Inca s alleged failure to comply with the Certificate of Competency requirements of the specifications for the above noted bid. Responses Section 2 of the "Instructions to Bidders" contained in the bid documents, provides for the licensing requirements of this project,,and reads as follows: LICENSES: As a prerequisite to the submission of a Bid, the Bidder shall hold a valid Certificate of Competency, in the appropriate trade required for the work, issued by the appropriate examining .board of Metropolitan Dade County. This provision is the standard, boilerplate language used in`City construction bid fioecifications and Cgol t Docuu+2 = -since 1969. (See Exhibit l) Throughout more than 20 years, qualified construction contractors have understood the intent of this requirement.. have responded to City bids accordingly, and have been` awarded contracts. The purpose for the requitement of.' a Mr. Richard WeissF page 2 Weiss Serota & Hel�%an DfUkFut, valid Certificate of Competency from Metro Dade County, was, and still is, toensure that bidders are certified as competent to perform the required work, pursuant to Florida Statutes and Metro Dade County Code, Chapter 10, Contractors. Chapter 10 of the County Code governs contractors doing business in Dade County, including its municipalities. Specifically, this Chapter indicates the alternative methods by which contractors shall be certified as competent to bid on public works projects. Contractors may obtain certification either from the State's Florida Construction Industry Licensing Board or the County's Construction Trades Qualifying Board. (See Exhibit 2) Clearly, it was- not the intent of the City of Miami to limit or restrict bidding to only those contractors who secured their certification to engage in contracting from Dade County's Construction Trades Qualifying Board. For the City of Miami to do so would conflict with state law. The City of Miami does not have the authority to regulate construction contractors by imposing stricter licensing requirements. Regulation of construction contractors is placed outside the scope of the City of Miami and codified under Part I. Chapter 489 of the Florida Statutes. In other words, no City of Miami ordinances nor bid specifications may preempt existing state law on this point. A 1987 State Attorney General's opinion, AGO 87-21, supports this view of the state's exclusive authority. The opinion further concludes that "...municipal ordinances are inferior and subordinate to state law" and that "...an ordinance may not conflict with any controlling provision of a state statute. If any doubt exists as to the degree of power attempted to be exercised which may affect the operation of a state statute, the doubt must be resolved in favor of the statute and against the ordinance." (See Exhibit 3) In your letter of 3/19/93 and in our meeting, you suggested .that Cone did not submit to independent local testing by Metro Dade County, which you deemed material and significant. There is no evidence of deficiency on the part of this contractor. For the record, Metro Dade County is precluded from further testing any state certified contractor, including Cone, pursuant to F.S. 489, 537-5a, to wit: "Municipalities or counties may continue to provide examinations for their territorial area, provided that no examination is given the holder of a (state) certificate." (See Exhibit 4) Michael Cone, as qualifying agent for Cone Constructors, obtained a state certified general contractor's license by taking and passing the appropriate examination from the State orf. Florida's Construction Industry Licensing Board. (See Exhibit 5) On March 3, 1993, Cone was issued "a valid certificate of competency to 93- 251 1� Mr. Richard Weiss Page 3 Weiss Serota & He_ .dan T RAi perform as a general contractor in Dade County, Florida in -= accordance with Section 10-3 of the Dade County Code," as evidenced in a letter from Carlos F. Sonzon, Secretary of Dade _ County': Construction Trades Qualifying Board. (See Exhibit 6) In the case of City -of QUa Locka v. Trustees of.Plumbing.tndustrv_ - Promotion Fund, 193 So 2d 29, 4Fla. 3d DCA 19661, the circumstances you cited were not the same because Harry Pepper & Associates, prior to bidding, did not possess a valid certificate - of competency qualifying him to perform the work, as required by Section 10.3 of Metro Dade County's Code. In this instance, Cone - fully met the requirement of Section 10.3 at the time it submitted a bid to the City of Miami. Issue 42s - Failure to award Hayden the "local preference" pursuant to the City of Miami Charter. Responses - City Charter Sec. 29-A(b), allows the City, at its discretion, to apply a ten percent (10%) preference to vendors whose primary offices are located within the City limits. With respect to construction bids, past practice has been for the Public Works Department to recommend the lowest responsible and responsive bidder, and at the time of bid award, advise the City Commission =_ whether any of the bidders is eligible for application of this local preference. The determination to apply the City's Local - Preference rests with the City Commission. It is to be noted that the bid documents submitted by Hayden -_ contained inconsistencies as regards the firm's primary location. On the bid forms, Hayden lists two (2) street addresses: 4532 SW 71 Avenue in unincorporated Dade County and 3025 Blaine Street in Coconut Grove. However, the Dade County occupational license, -= municipal contractor's occupational license and the Certificate of Competency for engineering contracting all show Hayden's F= e address as 4532 SW 71 Avenue. Even the telephone directory lists this address for Hayden. - Furthermore, although you state that Hayden has had its primary w office located in Coconut Grove for the past twenty-two years, City records indicate that a permit allowing the firms_ commercial use of the 3025 Blaine Street address was only issued March 15, 1993. If in fact Hayden has used the Blaine Street address for commercial purposes for at least the past 10 years, then it has done so without an accessory use permit and without a 93- 251 ? _ — a Ykk Mr. Richard Weis Wails Serote & HaiAftan Page 4 DRAle"t City of Miami occupational license. Further, the firm had no City of Miami occupational license for this address at the time it submitted its bid. A City license for 3025 Blaine Street, the office you contend is Hayden's primary office, was only issued to the firm one (1) day before you presented a notice of protest in their behalf, concerning the local preference. (See Composite A) Based upon the foregoing, I am rejecting your protest. The City Manager and City Attorney have approved my decision. The matter has been scheduled on the City Commission agenda for Thursday, April 15, 1993, beginning at 900 a.m. The meeting will be in the City Commission Chambers, City Hall, 3500 Pan American Drive, Miami, Florida. Sincerely, Judy S. Carter Chief Procurement Officer/Assistant Director cc% Ron E. Williams, Assistant City Manager Carmen L. Leon, Assistant City Attorney Waldemar Lee, Assistant City Manager Alfredo Gonzalez, Attorney Enclosures 7 EXHIBIT 1 STAND CONTRACT DOCUMENTS and SPECIFICATIONS for PUBLIC WORKS PROJECTS TABLE OF CONTENTS INTRODUCTION F_ { INSTRUCTIONS TO BIDDERS = SPECIFICATIONS Division 1 General Conditions Division 2 Soec ial Provisions (Explanation) Division 3 Construction Materialsa Division 4 Construction Methods — DID BOND CONTRACT = PERFORMCE BOND, ,- -tom 1} OCTIOUR 1969 Page /1 of 2 x= 151 f�i= A�'tACHMEfIt "A` INSTRUCTIONS to BIDDERS 1. SUBMISSION OF PROPOSALS: Submit Proposal on the Proposal Form as furnished in the Bidder's envelope, together with a Bid Security, as described in Item b, next page. A spare Proposal Form is furnished for Bidder to retain for his file copy. DO NOT USE PROPOSAL FORM IN BOUND SPECIPICA- TIONS. Submit the Proposal and Bid Security in the envelope provided, which shall be sealed and marked so as to clearly indicate its contents and the name of the Bidder. (a) If forwarded by mail, the abovementioned envelope shall be addressed to the City Commission, c/o City Clerk, City of Miami, City Hall, 3500 Pan American Drive, Miami, Florida 33133, and sent by registered mail, to arrive any time prior to 5:00 P.M. of the last working day preceding the date for opening of Bids, as stated in the Advertise- ment for Bids. (b) If forwarded other than by mail at any time prior to the date for opening of Bids, it shall be delivered to the City Clerk at the above location. (c) If delivered on the date of opening of Bids, it shall be delivered to the City Clerk at the location and on the date and prior to the time, all as stated in the Advertisement for Bids. 2. LICENSES: As a prerequisite to the submission of a Bid, the Bidder shall hold a valid Certificate of Competency issued by the appropriate examining board of Metropolitan Dade County. As a prerequisite to the signing of a Contract, the Bidder and all his listed Subcontractors shall hold a current County Municipal Occupational License as issued by Metro- politan Dade County for the performance of work in the City of Miami. All Bidders shall investigate the necessity of com- pliance with the requirements of the Florida Construction Industry Licensing Board, which fixes registration and certification procedures by the State of Florida. 3. ONE PROPOSAL: Only one Proposal rrom an individual firm, partnership, or corporation under the same or different macs will be considered. If it is believed that a Bidder In interested in more than one Proposal for the work involved, all Proposals in which such a Bidder is interested will be rejected. 4. PRICE BID: The price bid for each item shall be stated in both words and figures In the appropriate places in the Proposal form. In the event that there is avdiscrepaney between the price written in words and the price written in figures, the former shall govern. In case of error in the extension of prices, the unit price will govern. Page #2 of 2 93- 251 Jailk EXHIBIT It 4 CONTRACTORS Sec. 10.3. Certificate of competency required to do business. (a) It shall be unlawful for any person, firm, joint venture, or corporation to engage in the busi. ness or act in the capacity of contractor or subcon- tractor, or for any person to act in the capacity of master, qualifying agent, journeyman, mainte- nance personnel, installer or any other similar tradesman defined and set forth above, within the incorporated or unincorporated areas of the County, without having made application for and there having been issued a current valid certifi- cate of competency or eligibility for the type of work done by said person, firm, joint venture or corporation from either: (1) The State's Florida Construction Industry Licensing Board; (2) The State's Florida Electrical Contractor's Licensing Board; or i3: The County's Construction Trades Quali- fving Board. Holders of County certificates must also be registered with the State in accordance with Section 489.115 or Section 489.513. Florida Statutes. Provided. however, that for those projects speci. Pied in Section 489.103, Florida Statutes, a con- tractor must be certified by the County's Construc- tion Trades Qualifying Board and registered' with the State unless exempted by Chapter 10 of this Code. Nothing herein shall be construed to mean that there cannot be workers in a trade who are not qualified or certified within the definitions herein set forth if such workers are employed by and under the supervision of a contractor quali- fied in the trade concerned and working with a master or journeyman on the job site, if the grade concerned requires masters and journeymen. Workers not qualified and certified within the de! initions herein set forth may work as day laborers for an owner -builder in any trade not requiring masters, journeymen or installers. (b) No person or entity shall submit a bid, nor shall any contract be awarded, on arty +f:Mnty or Mnicfpal public works pt+ dwt in Dade County unleassueh person or Arm has complied with sub• section ta► of Section 10.3 above. Any bid not in compliance with this section shall be null and void. 1 to-4 Any person or entity %vho fails to-naintain his certification as a contractor before t r,e completion of work on any County or municipal project in Dade County where certification is necessary under this Code shall be in default under the con• tract except as provided for under Section 10- Mbi. (c) The only construction -related activities that persons holding certificates of competency or eli- gibility as contractors as a result of action by an agency other than the Board or the State of Florida as specified above may perform as contractors it disaster repair work in Dade County. Those per. sons are required to register with the Board it, order to contract to perform disaster repair work in Dade County. Disaster repair work is non• structural work required to repair structures and systems destroyed by natural causes, provided the area is declared a National Disaster Area and the repair costs do not exceed more than fifty ISO, per. cent of the value of the structure or system which was damaged. The registration shall be valid for six (6) months from the date the area is declared a National Disaster Area. The Building and Zoning Department shall collect a fee as established by separate administrative order to cover the colt or processing the application for registration as well as documentation from the agency- from which the person received certification. (Ord. No. 59.41, 11.3.59: Ord. No. 67.62. § 1. 10- 17.67; Ord. No. 78.91. § 1.12.12.76; Ord. No. 67.71. § 1. 10.20.67; Ord. No. 91.116, § 1. 10.1.91 (Annotation—CAO's 77.55. 76•39 Sec. 10.4. Persons without certificates repre- senting selves as contractors; iden• tification of vehicles. (a) Any person. firm or corporation not pos- sessing a current certificate of competency and advertising in any newspaper, airwave transmis- sion, phone directory or other advertising media or who issues any card, advertising or device in- dicating to the public that he is a contractor, or is qualified to engage in the busim. t as a contractor. or who holds himself out #s a contractor as plain. tiff or defendant in any Court of thii State. is in violation or. and shall be sub*t to tha pov ision€ ' and penalties of, this chapter; and s certified copy of such court record or a copy of such newspaper, 1469 93- 251 It --�- — 163.160 - — EXHIBIT III eieions and procedures for the protection of sf%ctl.. in an through a, shall not be , .Peons ordinance authorizing the board of county commissioners to so act on its own initiative, such .runty officials. as those contained in s. 163.28(X2). F.S. 1983, serves to distinguish such ordinance a I statutory and from the terms of s. 177.101 and to avoid any possibility of inconsistency between - id. It is, further. that statute and such ordinance. i3.3161 through Therefore. unless and until legislatively or judicially determined otherwise, it is - tutory direction my opinion that the DeSoto County Board of County Commissioners is authorized -_ �t their comprr to adopt an ordinance containing provisions for the vacation of all of portions of - era. duties, and subdivisions by the board on its own initiative and procedures for the exercise of such power by the board which are substantially similar to the provisions of a. 163.280)2). F.S. 1983. hat. "(wjithin 1 year tew pursuant to I. e land development pted comprehensive land development AGO 87.21-March 11, 1987 f land. See also, s. and enforcement of MUNICIPALITIES -CONTRACTING -SURETY BONDS — o, and be a means of 1.3204). F.S.Istate REQUIREMENT BY MUNICIPALITY OF PAYMENT OF SURETY men of regulations BOND BY CERTIFIED CONTRACTOR PRIOR TO ENGAGING IN CONTRACTING IN MUNICIPALITY, UNAUTHORIZED. - roceed to exercise its To: Mr. Richard Rozonsky, City Manager, City of Winter Springs - ision, and planning - requirements of the Prepared by: Gerry Hammond, Assistant Attorney General u>pment Regulation QUESTION: -- implementing the - s have been granted is the City of Winter Springs authorized to require a certified or special law. See. contractor to provide the city with a surety bond for the protection - Fla. 19781. holding of city property as a prerequisite to issuance of a building permit? ng body of a county bsence of legislative SUMMARY: - Lnty governing body _ er. Until legislatively or judicially determined otherwise. the City of _ mve and governing Winter Springs is not authorised to require a certified contractor to )mprehensive plans provide the city with a surety bond for the protection of city provides that such property as a prerequisite to issuance of a building permit. es necessary for the ; a b), F.S., calls for Your letter states that the surety bond under consideration "is for the protection of gad exercise of home .. waterisewer lines, swales, drainage pipes, sidewalks, curbs, streets, etc." Your of the view that the letter does not identify the specific type of contractor involved in your inquiry except A by a. 125.01(1) to to mention the construction of swimming pools. I would note that this type of Ad permit the board construction is not restricted to one group of certified contractors as defined in s. ve. pursuant to the 489.105. F.S. (1986Supp.). See, 8.489.105(3)(a),(j), and (it). F.S. (1986 Supp.), defining -,N 2). supra, codified respectively a "(g)eneral contractor" " one whose services are unlimited regarding the type of contracting work he can do, a " (cjommercial pool contractor" u a and 163.3202. F.S. contractor whose work involves but to not limited to the construction of public or authority under an private swimming pools, and a "(rJesidsntial pool contractor" as one whose scope of =_ anty Commissioners work involves but is not limited to the construction of residential swimming pools. st be consistent with In the absence of any specific direction, my comments will. of necessity, be of a ,stve plan. See also. general nature rather than directed to a specific type of certified contractor. - ting to required and As provided in s.2(b). Art. YIII. State Const., and implemented in s.166.021, F.S., uree for adoption or _ municipalities poses" the governmental, corporate, and proprietary power to is of existing plans, enable them "to conduct municipal government, perform municipal functions, and — rs certain conditions render municipal services, and may exercise any power for municipal purposes, owner of fee simple except when expressly prohibited by law." Section 166.021(t), F.S. Certain matters •cted persons in such are placed outside the scope of municipal legislative action by a. 166.021(3). F.S., .ms for vacation of _- including. in subsection (c) thereof,' (ajny subject expressly preempted to state or 57 IPis. 1978). holding nq body of a county bsence of legislative inty governing body et. ,tive and governing �mprehenaive plans provides that such ,es n,• sary forthe ±)ib). -i- calls for fsd e- ,:-ciseof home of the view that the A by a. 125.01(1) to ,id permit the board ve, pursuant to the OZ. supra, codified . and 163.3202, F.S. authority under an Linty Commissioners st be consistent with istve plan. See also. Ling to required and ures for adoption or ,s of existing plane. as certain conditions owner of fee simple acted persons in such :ins for vacation of w►�► mAUR au p► V • wr .t-a .►t y YV MA M auctty &On rVt ...n prutection f city property as a prerequisite to iiraanes of riding permld SARY: Until legislatively or judicially determined otherwise, the City of Winter Springs is not authorised to require a certified contractor to provide the city with a surety bond for the protection of city property as a prerequisite to Issuance -• a buildinS permit. Your letter states that the surety bond under u-ideration "is for the protection of ... water/sewer lines, ewsles, drainage pipes, oiwewalks, curbs, streets, etc." Your letter does not identify the specific type of contractor involved in your inquiry except to mention the construction of swimming pools. I would note that this type of construction is not restricted to one group of certified contractors as defined in a. 489.105, F.S. (1966 Sapp.). See, a. 489- 1050)(a).(j), and M. F.S. (19M Supp.). defining respectively a "[g)oneral contractor" as one whose services are unlimited regarding the type of contracting work he can do, a "(c)ommercial pool contractor" as a contractor whose work involves but is not limited to the construction of public or private swimming pool*, and a "(rjeeidential pool contractor" as one whose scope of work involves but is not limited to the construction of residential swimming pools. In the absence of any specific direction, my comments will, of necessity, be of a general nature rather than directed to a specific type of certified contractor. As provided in a.2(b). Art. Vlli. State Const., and implemented in a.166.021. F.S.. municipalities poesess the governmental, corporate, and proprietary powers to enable them "to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law." Section 166.021(i), F.S. Certain matters are placed outside the scope of municipal legislative action by a. 166.021(3), F.S., including, In subsection (c) thereof. "[a)ny subject expressly preempted to state or W1 tMM)Kt 01' 1NK A17OKNEY GE;NE;KAL county government by the constitution or by general law ...... t.'f., s. 166.221, F.S., which provides that a municipality may levy eertain business, professional, and occupational regulatory fees when such regulation has not been preempted by the state or a county pursuant to a county charter. State regulation of the field of construction contracting is codified in Part 1. Ch. 489, F.S. (1986 Supp.). And see, a. 489.101, F.S., stating that the Legislature recognizes the significance of the construction And home improvement industries and that "it is necessary in the interest of the public Stealth, safety, and welfare to regulate the construction industry" as significant harm to the public may occur ..when incompetent or dishonest contractors provide unsafe, unstable, or short-lived products or services." Part i of Ch. 489, F.S. (1986 Supp.), regulates the construction industry by requiring contractors to be licensed by the Department of Professional Regulation as a prerequisite to practicing in Florida. Section 489.113(2). F.S. (1986 Supp.). To be licensed a person must be either certified as a contractor or registered as a contractor. Section 489.113(1). F.S. (1986 Supp.). A contractor, for purposes of Ch. 489, F.S. (1986 Supp.), is defined in pertinent part as _ (t)he person who is qualified for and responsible for the entire project contracted for and means, except as exempted in this act, the person who. for compensation, undertakes to, submits a bid to, or does himself or by others construct, repair, alter, remodel, add to, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others. Section 489.105(3), F.S. (1986 Supp.). And see. a. 489.105(3XaMc), F.S. (1986 Supp.), defining respectively the terms "[geeneral contractor; "Ib)uiiding contractor," and " [r)esidential contractor'; and a. 489.105(3)(dHm), F.S. (19" Supp.), including definitions for, inter alla. (i) "[c)ommercial pool contractor." (k) "(r)esidential pool contractor," and (m) "[pllumbing contractor." A certified contractor (who may engage in contracting on a statewide basis) must establish his competency and other qualifications for certification, which requires the passing of the appropriate examination administered by the Department of Professional Regulation. Section 489.113(1), F.S. (1986 Supp.). Compare, the re- quirements ins. 489.113(1), supra, regarding a certified crn tractor, to those imposed on a registered contractor (who may enrage in contracting only in the counties, municipalities, or development districts where he or she has complied with local licensing requirements and only for the type of work covered by the registration) by a. 489.117. F.S., which states that to be initially registered an applicant shall submit the required fee and file evidence of holding a current local occupational license from a municipality, county, or development district for the type of work desired and evidence of successful compliance with local examination and licensing require- ments; no standard examination administered by the Department of Professional Regulation is required for registration. Further, a. 489.115(4). F.S., requires that"lays a prerequisite to issuance of a certificate, the applicant lfor certification) shall submit satisfactory evidence that he has obtained public liability and property damage insurance for the safety and welfare of the public in amounts determined by rule of the board...." See, Rule 21E•15.003, F.A.C., which sets forth the amount of liability and property damage insurance required by the board as a prerequisite to the issuance or renewal of specific contractors' certificates. As provided in part by a. 489.113(4), F.S. (1986 Supp.): When a certiftcateholder desires to engage in contracting in any area of the state. as a prerequisite therefor, he shall be required only to exhibit to the local building official, tax collector, or other person in charge of the issuance of licensee and building permits in the area evidence of holding a current certificate and to pay the fee for the occupational license and building permit required of other persons. (e.s.) 58 The . the m� conatr damn, evidet tequt4 ••lwih, jthe r, curret requtr preem. state: liabil! nand, regiat certtf: now r prose• the o, engat Cann, prern genic furth dank It i Ther, state may tutu So.2t: V. Ce Cant Tit publ Spec, cont auth In the t pro% prer: AG4 To: Pre'! HL s 41E:PORT OF THE: A'1`l'0RNFY (*_NE:RA __. ANN ,-47-2! The surety bond you describe appears to be in the nature of a bond to recompense nd the municipality for damages done to municipal property during the course of the s he construction project involved or a financial guarantee f reparation for such 10 damage. The requirement contained in s. 489.115(4), supra, t hat on applicant :uhmit •h evidence of public linbility insurance and property damage insurance as it pre - ire requisite to certification when read with the provision of a. 489.113(4), supra, that es ••jw then a certificatehoider desires to engage in contracting in any area of thestate. = to jthlvertified contractor) shall be required only to exhibit ... evidence of holding a - ur current certificate and to pay the fee fat the occupational license and building permit ,,d required of other persons" (e.s.), lead me to the conclusion that this area has been preempted to exclusive regulation by the state. And see, AGO 73.399 wherein it is h�. stated that a municipality may not require certified contractors to show evidence of liability insurance or to post a performance bond but that, pursuant to a proper tie nondiscriminatory regulatory ordinance, these requirements may be imposed on A registered contractors as prerequisites to the issuance of a local regulatory license or h certificate of competency; and AGO 70.48. Cf., AGO 73.27t"The languageoflwhat is now s. 489.113(41) makes it abundantly clear that the Legislature intended that the presentment of a certificate issued by the board accompanied by the proper fee for the occupational license and permit would be the only additional requirement for engaging in business in any part of the state"). See also, Tribune Company V. Cannella, 458 So.2d 1075, 10' 7(Fla. 1984) (underthe preemption doctrine a subject is preempted by a senior legislative body from action by a junior legislative body if the senior legislative body's scheme of regulation of the subject is pervasive and if further regulation of the subject by the junior legislative body would present a danger or conflict with that pervasive regulatory scheme). 4 d it is clear that municipal ordinances are inferior and subordinate to state law. Therefore an ordinance may not conflict with any controlling provision of a state 9 statute. If any doubt exists as to the degreeof power attempted to be exercised which A may affect the operation of a state statute, the doubt must be resolved in favor of the statute and against the ordinance. City of Miami Beach v. Rocio Corporation, 404 I So.2d 1066 (3 D.C.A. Fla•.1981). pet. for rev. den., 408 So.2d 1092(Fla.1981); Rinzler Pit v. Carson, 262 So.2d 661(Fla. 1972); AGO's 86-64, 79.71. Cf., Tribune Company v. — Cannella, supra. - e- Therefore, as it appears that the state has preempted regulation of the area of d public liability and property damage insurance for certified contractors and has s. specifically determined the prerequisites for such a contractor to er-gagein al contracting in any area of the state, no municipal regulation on this point is — IV authorized. tt In sum, it is my opinion that until legislatively or judicially determined otherwise, —' in the City of Winter Springs is not authorized to require a certified contractor to d provide the city with a surety bond for the protection of city property as a e` it prerequisite to issuance of a building permit. Il AGO 87.22—March 13. 1987 OFFICERS —VACANCIES s� GOVERNOR'S POWER OF APPOINTMENT TO FILL VACANCIES. z To: Honorable Bob Martine:, Governor, The Capitol - Prepared by: Craig Willis, Assistant Attorney General QUESTIONS: 1. When the Governor removes from Senate consideration for confirmation the appointment of an individual, and appoints 59 93- 251 Ch.Oat) CONTRACTiNG _ EXHIBIT IV VA (d) issuance of a reprimand. The board's decision shall not be consider. (e) Placement of the contractor on probation for a agency action and is not appealable. i (� period of time and subject to such conditions as the I (c) the licensee shah bear all costs of me td board may specify, including requiring the contractor to (d) Mediation shall be conducted according b . to , attend continuing education courses or to work under of practice and procedure for circuit court as The �f the sypervision of another contractor. by the Supreme Court. mediator shall be a. (f) Restriction of the authorized scope of practice circuit court mediator. 5 by the contractor. (3) In recommending penalties in any proposed rec- (a) The department, in conjunction with p4 shall determine by rule the types of cases which etec hide ommended final order, the department shall follow the included in the mediation process. The depart tote penalty guidelines established by the board by rule. The initiate or continue disciplinary action, pursuant.'real, department shall advise the hearing officer of the appro. ters 455 and 489 against the licensee as del M Gov' prate penalty, including mitigating and aggravating cir- rule whic cumstances. and the specific rule citation. (4) The board may not reinstate the certificate or reg. ►r,n«r.-ss t. ,7 & 79-272 ,s 2 3 M at-3te s 90. ch 03-lb 01;-n'��� 1. hettective W !4`�90 228n 4',C9 !'•� r shall tnclu istrabon of, or cause a certificate or registration to be bet �s to to,"* purs"n, to s , t 61 Men. issued to, a person who the board has determined (e) unqualified until it is satisfied that such person has com- '482.535 Prosecution of criminal violefft with . plied with all the terms and conditions set forth in the board shall report any criminal violation of this red r final order and is capable of competently engaging in proper prosecuting authority for prompt prose 15 17. ch 79-V2 ,s 2.3. ch 81-316. ss to 21 21 each the business of contracting. O5 When the board imposes administrative tines p •—so a rNO1'-a'QQ'tedeRackwOctotxr, 19M tars 23 Ch U-149 y� to rw,ew twrw�nt to s e t Ot act►e rtcen: sl,• C pursuant to subsection (2) resulting from violation of chapter 633 or violation of the rules of the State Fire Mar. '482.537 Application of this part.— contr shal. 50 percent of the fine shall be paid into the Insur- (1) This part applies to any contractor final i ante Commissioner's Regulatory Trust Fund to help work for the state or any county or municipakty a IOC> defray the costs of investigating the violations and (2)(a) The scope of electrical contracting shy has r` obtaining the corrective action. The State Fire Marshal to private and public property and shall trOA may participate at its discretion, but not as a party, in excavation, paving, and other related work! Ptr. contra an proceedings before the board relating to violation of Y 9 9 thereto and shall include the work of all sPectatr (4) ' chapter 633 or the rules of the State Fire Marshal, in cal contractors. However, such electrical c relate# order to make recommendations as to the appropriate shall subcontract the work of any other craft lot tractc penalty in such case. However, the State Fire Marshal an examination for a certificate of competencya aiccorr shall not have standing to bring disciplinary proceedings tration or a license is required, unless such c the cc regarding certification. certified or registered or holds a license for tra met. TI (6) The board may restrain any violation of this part tive trade category as required by the approor* turn of by action in a court of competent jurisdiction. authority. tralion (7xa) The department may, by rule, provide for a (b) A registered electrical contractor may (5Xc mediation process for the complainant and the licensee. Notwithstanding the provisions of chapters 120 and 455, electrical contracts which include alarm system` We e no exe upon receipt of a legally sufficient consumer complaint tracting as a part of the contract, provided the vidual shalt subcontract such alarm systems (b) alleging a violation of this part, both the licensee and the complainant may consent in writing to mediation within to a properly certified or registered alarm systen aippltcl (c) 15 days following notification of this process by the tractor. However, if the registered eleclricat is properly certified or registered an alarm tractor• department. The department may suspend all action in the matter for 45 days when notice of consent to media- ui contractor, the individual t not required to s any dt, any ad tion is received by the department. It the mediation proc ess is successfully concluded within the 60-day period, out the alarm system contracting. (it) Nothing in this act limits the power of a unlicen fig in t. the department may close the case file with a notation Pa(a)lity or county: (a) To regulate the quality and character of and de' (6) of the disposition and the licensee's record shall reflect only that a complaint was filed and resolved through formed by contractors through a system of any mu mediation. K mediation is rejected by either the com- fees, and inspections which is designed to pliance with, and aid in the implementation of. (7) cone plainant or licensee, or should said parties fail to reach a mediated solution within the 60-day period, the local building laws or to enforce other local lawli Cot department shall process the complaint in the manner protection of the public health and safety. (8) required by chapters 120 and 455. The mediator shall (b) To collect fees for occupational lie sec . "provide a wntten report to the department of the media- inspections for engaging in contracting or e, We tion results within 10 days of the conclusion of the medi• tees from persons who are registered with ed ation process as provided by rule. boards pursuant to local examination requtr Id'e' (b) No licensee may avail himself of the mediation (c) To adopt any system of permits req gral . process more than three times without the approval of mission to and approval by the municipality or ns ' the board. The board may consider the subject and the dates of the earlier complaints in rendering its decision. plans and specifications for work to be contractors before commencement of, the +I011L .503( tract 182 93- 251 ACTING Ch. 482 redu're one bond tot each electrical contras- ' mount not to exceed $5.000 which bond shall 3�a Il a , Only upon compliance with the appltca- 1 •,late ,mlrnum building code and applicable local - code requirements adopted pursuant to s. ?"lg such bond must be equally available to all �i contractors without regard to the period of �..an ei.,trical contractor has beet certified or regis- d without regard to any financial responsibility In nents. Any such bonds shall be payable to the �y and filed in each county or municipality in a ould,ng permit is requested Bond reciprocity e granted statewide. All such bonds shall be red n mQeling any financial responsibility require- R posed by any statute or rule. To refuse to issue permits or issue permits conditions to a contractor who has commit- t,p;e vio►ations. when he has been disciplined for ,t teem by the board and when each disciplinary has involved revocation or suspension of a ,f'ze rroo,ition of an administrative fine of at least Xx cr probation. To :ssue permits with specific conditions to a 1.•13•tot who. within the previous 12 months, has had :a a,-Uon taken against him, by the department or by ooard or agency which licenses contractors and 'r ,Dolled the action pursuant to paragraph (5)(c), for ac yi wd out a license, racting in the capacity of a 11 Any official authorized to issue building or other �,d permits shall ascertain that the applicant con. .a;_v is certified or registered and duly qualified coj,ng to any local requirements in the area where .,.-instruction is to take place before issuing the per - he evidence shall consist only of the exhibition to y .t current evidence of proper certification or regis- .ye, and local qualification. $1i) Municipalities or counties may continue to pro• aeurninations for their territorial area, provided thy. *elimination is given the holder of a certificate. To engage in contracting in the territorial area, an I tooant shall also be registered with the hoard. •AQ Each local board or agency which licenses com- m. shall transmit monthly to the board a report of n Isciohnary action taken against contractors and n adnntstrative or disciplinary action taken against mvised persons for engaging in the business or act - to capacity of a contractor, including any cease rc xsist order issued pursuant to s. 489.516ftb). E! The right to create local boards in the future by n'nurncrpality or county is preserved. ' The scope of work of a certified unlimited electri- c :ntractor includes the work of a certified alarm sys- r ontractor as provided in this part. >!i Any registered electrical contractor or any locally larsed alarm contractor shall be issued the appropri• 0 =111M of alarm system contractor registration, as *" n S. 489.505, if the individual has filed with the an evidence that the individual has complied with arVAMs (a) and (b). Any individual operating in an ft"" fashion pursuant to the exemption in s. 4'5411) shall be issued a registered alarm system 'Wor II registration or a registered residential alarm system contractor registration, appropriate for his docu• mented experience and as defined in s. 489.505, if the individual has filed evidence that he has complied with paragraph (b). (a) The individual must show that he has success- fully complied with local written or oral examination requirements for the current local license he holds. (b) The individual must show that he was engaged in business as an alarm system contractor for at least 3 consecutive years prior to the time of making application and prior to October 1, 1993. Evidence of being engaged in business as an alarm system contractor shall be demonstrated by the submission of: 1. An electrical contractor's license, alarm system contractor's license, or occupational license for each of the 3 years he was engaged in alarm system contract- ing. 2. Proof that he has current liability insurance cover- age to engage in the installation, monitoring, mainte- nance, or upgrading of alarm systems. 3. An affidavit from a law enforcement agency, fire official, or other local inspection authority evidencing that the electrical or alarm system contractor has satis- factorily installed, monitored, maintained, or upgraded alarm systems in that jurisdiction. 4. A representative list of alarm system work he completed during the 3 years he was engaged in alarm system contracting. An individual registered pursuant to this subsection may engage in alarm contracting only in those jurisdictions where the individual's registered license is effective. Registered electrical contractors or locally licensed alarm system contractors applying pursuant to this sub- section shall apply to the board in writing, on forms pro- vided by the department. 1MMatl.-a 11. IF. ch W272. a 374. ch 61-259, es. 2. 3. ch 61-316. s 2. ch 87-152, sit10. 14. ch 67-251: es. 19. 21. 23. ch 6e-149c s B. ch 9t-119 %Nita.-Rspasied.f oetws OctoW 1. IM. M S. 23. ch 46-149. and scheduled felt ►ewiaw pursuant to s 1161 1489.536 Authority of licensed job scope. -A licensee under this part need not have a license under part I to perform work within the scope of his license under this part. K10".-s 37. ch W-22a: s 12, ch. 91-201. 4&ft.-Rspaalad atlen" Oc a w 1. INS. by s 12.0 91-201. and 30*4U1W for rev" purswnt to s 119t 1489.539 Adoptiae of eMctiod tanderds.-For the purpose of establishing minimum electrical standards in this state, the following standards are adopted: (1) -National Electrical Code 1990; NFPA No. 70- 1990. (2) Underwriters' Laboratories, Inc., 'Standards for Safety, Electrical Lighting Fixtures, and Portable Lamps; UL 57-1982, and UL 153-1983. (3) Underwriters' Laboratories, Inc., 'Standard for Electric Signs' UL 48-1982. (4) The provisions of the following which prescribe minimum electrical standards: (a) NFPA No. 56A-1978, 'Inhalation Anesthetics 1978.0 (b) NFPA No. 56B-1982,'Respiratory Therapy 1982' (c) NFPA No. 56C-1980, 'Laboratories in Health - related Institutions 1980' 783 93- 251 rr t a °III ' i' '' '"° 'I' " "I' ' 1" 9� °"""111,111 ' uii �i o o gi �'I Ni l l i i I IV 11 ! IIIIII1111,111111111$11111111111111IIII�jI I I11�dAlIIIPIIIP�I"IIIIIIlIII'�llllplAillll!I III II'l it 111 nilI °III ' i' '' '"° 'I' " "I' ' 1" 9� °"""111,111 ' uii �i o o gi �'I Ni l l i i I IV 11 ! IIIIII1111,111111111$11111111111111IIII�jI I I11�dAlIIIPIIIP�I"IIIIIIlIII'�llllplAillll!I III II'l it 111 nilI IME'fPOPOLITAN DADS C UNTY, FLORIDA EXHIBIT YI MI TRCO,00F. CENtEA i � tf�M�wltENi' M�ib�DA� 111 N.W. PI(i8'1' $ "iitty Tuft 1010 MIAMI, FLORIDA 3313A-1VA (3") "P901 March 26, 19993 TO WHOM IT MAY CONCERN: This is to confirm that the attached registration of Cone Constructors, Inc., beaiing C.C.N. CGCO16903 and issued March 3, 1993 is a valid Certificate of Competency to perform as a general contractor in Dade County, Florida in accordance with Section 10-3 of the Dade County Code. Please call me at 375-2540 should you have any questions. Sincerely, Al-S r Carlos F. Bonzon, Ph.D., P.E. Secretary, Construction Trades Qualifying Board I a 93 Jr iK } k�P btg lw R/LDTL FCNI LD COST 39319E LCTL 117069 DTL _..�..�._ '"ICENSE HOLDER t `r i LIMN99 bETAiL HAYDEN ENTERa:gI SEO INC FIRM HAYOEN ZN T ER R I S27S I R �_• O sA J J SJ arc CO ADCR : D_'A J J S'-:A`• = `L _DR 2 P D SOX 4--"E87 ADDR c^ P O @OX 3304e7 -- SST MA"I F_ *Gi8-770 2: r 32-233-0a67 PFOPvc 305 f 5d3770 Z i P 33233 - 0 L• 1-1 0 00 ADMINISTRATIVE OFFICE -A T US 3 PYMT RCVD HOLD M-M.YO N •OPLICATION DATE............ 31593 _:CENSE ISSUE DATE.......... .ICENSE CREATE DATE......... 31593 :CE'NSE EXPIRATION DATE..... RATE CODE.......... L002 �ISC�LilhT: IND AMT -------- E:ILLING INFORMATION -------- T/C BILLING CYCLE..... AN BILL CODE.. CO !�— NXT BILL OTE . , 31594 AMT'.. `'�: 94.00� :ODE ENF. BOARD NOT I F. N LST EIU " bTE�= a- 31593 AMT 94. 00 -- .00 BAL DUE BILL# 152617 - -ORNS 00 STICKERS 00 V 0 1== ttC" t; FF. Jf (4 4' 1C- j j }c • • `f . '17 F -- 93- 251 s. -�—_ -��: c�. c-:,iL: 15E617 LCTLS :: 06@ D L _ AsFt. .S• SVC ADbR: 30E5 BLAINE ST _ `�A`' G`ti�.. • . HAYDEN ENTERM'SES INC TYPE..... • . CLO: — C.L. 4!rG __ �'. • ,'Ai" E, i,AY^E1 _ _: `.SC-N i 3 _CCAi: i`:... • . - - •,,'cam - •`- -.-i �-- — ... • .. 31593 CART DA �........ . DATE CREATED..... 31593 REVIEW DATE....... CERT# ^'_ R. LAST REVIEWED SY. IC _ R-,. -, -,' R... • . ;:02 TOTAL E'• I LLED...... 94.00 3 < IS - --Y• �— = PAID —TO —DATE 94.00 "- = �!' : _;� DATE... 3:594 l.;'J4 ADJUSTMENTS...... . MAINT DATE.. 31593 UD5 PENALTY DUE....... 6.AST MEMO INDICATOR... N UD6 INTEREST DUE...'•.• PRINT SILL IN,D... Y U07 CURRENT DUE....... - _ i : �: :-L IND.. N UDS TOTAL. BALANCE — _19-EA MR - — ls 9f� 1 • — Jiff 'i . k fe... S i :.. CAS-" 392 :92 LC"L 1 1'069 -._...___ ::�'. •:.�• _----------------- ----------- OWNER INFOgMA T !CN - --j-- -- ` `=�RlSES ; ; NAME JAMES J JDHSON JR -?A l J G, CO A00 - -1-'�- ," tt-U3 0 AC' I VZ MEMO N ILLING CYCLE..... AN BILL CODE.. CD SXT BILL DTE 31594 AMT 94.00 _ -ST BILL DTE 31593 AMT 94.00 BILL# ILS2617 ems) pz .� IL i t , , C • ? qua�nr City of Miami � ~ 275 N w. 2n4 str+st ' ACCESSORY USE CERTIFICATE Mom FL sUlx a } _. so-�asz For Zorft r :1. PSG@ a abs a+.at payew 10 we 'City of Miami " :2. faap X~ Its is rot rstundlbis. o •3` Do not op@a t tk*nen until ACC03 Y Ulk C OG" d Uca m am oblsined Certd�s �. $ ��. : t . '!. Building tRMt � aOMn to �l11 etf6psttiOns. . lS. flee d mxwmm o: 25% d fka afeti 4 peMMIllO d Number. s rs• ar ,�� Is- ummum of o(w squw* toot of sign ams is pw=ftb . j X r f 9 - 17. NO VAM% if prmftd an premb i f '� � -- 8. Th s C44t scale s rwt %M" unfit assi9nsd a otrtiTicaj� n , ..r ZonsLi 2. I.ocatfon V t �Gt : �, icy f. Appto �t DOW IS it 3 Type of Suainesg ♦C c*s or i7 T phone Nu�t�e• • 177 5. t ttaw Wead this application and i do tfaaty and v0ltt[l%* site MW the i stManents and intonsadon containW therein are true and Corned .aw is 8Z1C/4 20: Aev. to✓ia . nu Orpt tron�ma �i°M°s'� • a ursifalts tOWA1016 G. GUVAS M11"41`4 J. HtLIPMAN GILOtRTO PAtt01111A iCLLCH NOLCN SAUL JOStPH H. S91110YA "06tot TISCNtNk1LL RICHARD JAY WtISS WEISS SERO `.A & HItLrX t 10--& ATTOR1NtTS AT LAW sees SOUTH SAIrs"C"M 0I111vt suite too MUNI. FLo*lt)A 33130 TCLEO"ONt (309) e94-0800 TtLtCoplto (303) 894-9323 Ms. Judy S. Carter Procurement Officer City of Miami 1390 N.W. 20th Street Miami, Florida 33142 March 19, 1993 ONOWARO oretlet SOO SOUTNCASt 6- StRttt SU►Tt 300 tORT LAUOtNOALt. PL01116A 3:11361 ttLtPNONt (366) 1163 Wbb submitted into the .Public record in connection itexu ,2.Z,. 'th on attY Hirai City CIerk Re: Dinner Key Marina Restoration - Phase II Rehabilitation of Piers and Baywalk H-1008, City of Miami Public Works Project (the "Project") Dear Ms. Carter: This law firm represents Hayden Enterprises, Inc. ("Hayden"). The purpose of this letter is to set forth for you in detail the background and factual information supporting our protest letter to you pertaining to the Project. I. Failure of Cone Constructors, Inc. ("Cone") to comply with Certificate of Competency requirements contained in "Specifications -And Contract Documents" for the Project (thee "Bid Documents"). Section 2.of the Instructions to Bidders, contained in the.Bid Documents, -states as follows: 2. "Licenses. As a Arerwmisite to the submission of a Bid, the Bidder shall hold; a, valid Certificate of Competency in the Ms. Judy S. Carter Procurement Officer March 19, 1993 Page 2 The Bid Documents highlight the importance of this requirement and the difficulty of complying with it in a further instruction to bidders which in contained on page 5 of the Supplementary Conditions to the Bid Documents (Exhibit 11211). 00811 CERTIFICATE OF COMPETENCY Attention is called to Section 2. of Instructions to Bidders pertaining to Licensing requirements. The County -Municipal License issued by Dade County is based upon a Certificate of Competency from Metropolitan Dade County Board of Contractors Examiners. Bidders not already approved by this Board may have difficulty in obtaining a License because of the time requirements. If you are interested, we suggest an early investigation into this requirement. Details may be obtained from: Metropolitan Dade County Public Works Department Ill N.W. 1st Street, 16th Floor Miami, Florida 33128 Telephone: (305) 375-2730 Not only did the City make having a Certificate of Competency from the appropriate board of Metropolitan Dade County a requirement, but it further emphasized the importance of this requirement in a caution to bidders. In an attempt to fulfill this requirement, in their response to the Bid Documents, Cone attached a document showing that its _ State of Florida Contractor's License was "registered" with the County. A copy of Cone's "State Contractor"s Certificate of Registration" is attached as Exhibit "3." Pursuant to County procedures and state law, the process of registration is a ministerial one which involves no independent testing or certification by Metropolitan Dade County. It is clear from the fortes filled out by Cone that its State Contractor's License, registered with the County, was the sole mgthgd employed by it in Ms. Judy S. Garter Procurement Officer March 191 1993 Page 3 order to attempt to fulfill the requirements of paragraph 2 above. A copy of the bid specification sheet filled out by Cone showing its "CGC" State Contractor's License number in lieu of the County Certificate of Competency number is attached as Exhibit "4." While Cone has merely attempted to comply with the requirements of paragraph 2 by using its CGC registration, Hayden possesses the actual Certificate of Competency, as required by the Bid Documents which was obtained after study and the passing of an examination given by an examining board of Metropolitan Dade County. A copy of the Certificate of Competency of Hayden is attached as Exhibit "5." Please note that it is this Certificate of Competency number which was requested by the City and properly supplied by Hayden on the bidding form. Exhibit 116." The difference between the registration and a Certificate of Competency is significant and material. The registration process involves a mere registration of a State License and the other, a detailed course of study, reading of recommended textbooks and an examination. See memo from Metropolitan Dade County regarding contractor exams. Exhibit "7." Hayden was not the only potential bidder on the Project to place significant importance on the Certificate of Competency as opposed to a registration process. Per the attached letter, PCL Civil Contractors, Inc. ("PCL") fully intended to bid on the Project, picked up Bid Documents but refrained from submitting a bid because of the fact that it did not possess a Certificate of Competency from Metropolitan Dade County as requested by paragraph 2. Clearly, if the Project were awarded to Cone, in violation of the Bid Documents, PCL as well as Hayden would have standing to challenge such an award. A copy of the letter from PCL is attached in Exhibit "8." A remarkable similar set of circumstances occurred in the City of Opa-locks several years ago. City of Opa-Locka v. Trustees of PluM12ina Industry Promotion Fund, 193 So.2d 29, (Fla. 3d DCA 1966) . 1966. In the city of Ova-Locka, the City advertised for bids on a sanitary sewer project. The bids were opened and it was found that the low bidder did not possess a "Certificate of Competency" for Metropolitan Dade County. The City permitted the low bidder to obtain a certificate and then proceeded to award the contract to the low bidder. The Third District Court of Appeal overruled the City's stating as follows: 93- 25� Ms. Judy S. Carter ' Procurement Officer March 19, 1993 Page 4 "to allow the City to permit bidders to qualify after their bids are accepted would _ circumvent the intent of Section 10-3B. it would also be an unfair advantage over those who must pre -qualify. If the City may, in its discretion, waive this section it would be conducive to favoritism by allowing some bidders to qualify after their bids are accepted or refusing to consider the bids of others on the grounds that they did not pre---'""- qualify. City of ova-Locka, 193 So.2d at 32. (A copy of the City of opa-locka case is _ attached as Exhibit 9.) In this case, Cone, to our knowledge, has not even attempted 10 after the fact to obtain a County Certificate of Competency. In light of the specific language of the Bid Documents, 11 caselaw and the fact that at least one bidder in addition to Hayden would be prejudiced by awarding the contract to Cone, we request that the Bid Documents be construed according to their plain meaning and that the bid of Cone be rejected and that the Project be awarded to Hayden. 13 14 ;- II. Failure to award Hayden the "local preference" the benefit of pursuant to Chapter 29(A) of the Charter of the City of Miami ( the "Charter") . ....,. - Chapter 29(A) of the Charter provides as follows: [Tjhat if the amount of a bid or _ proposal submitted by a contractor whose primary office is located in the City of Miami is not more than ten (10) percent in excess of - the lowest other responsible bidder or proposer, such local contractor may be awarded the contract..." -- For the past 22 years, Hayden has had its primary office in _ Coconut Grove, within the City of Miami. The Certificate of Incorporation for Hayden Enterprises, Inc., filed with the State of Florida on October 22, 1974, shows Hayden's previous Coconut Grove address (Exhibit "10"). As Hayden's business expanded, it applied for and was granted } a variance to construct an office in a residence at 3025 Blaine F! Street, again in Coconut Grove. A copy of City of Miami Zoning Y 93- 21 W E_Sc CEROTA 51- !3F_ZF�-iP. A. _ r Ms. Judy S. Carter Procurement Officer March 19, 1993 Page 5 Board Resolution No. 37-82 granting the variance for the addition is attached as Exhibit "11." Copies of the plans for that addition are attached as Exhibit 1112." Corporation Annual Reports dating back to 1986 show Blaine Street as the address of the corporation and principal office. A copy of the 1986 Corporation Annual Report is attached as Exhibit 1113." The 1993 Corporation Annual Report is attached as Exhibit 1114," and a Certificate of Good Standing from the State of Florida is attached as Exhibit 1115." vehicles belonging to Hayden are registered with the State of Florida at the Blaine Street address as well. Copies of the Florida Vehicle Registration Certificates for several of the vehicles are attached as Exhibit 1116." All of Hayden's mail is received at a Coconut Grove post office box and all of Hayden's business activities, as opposed to warehousing activities, are conducted from the Blaine Street address. James Johnson, Hayden's president, maintains his office at the Blaine Street address, where foremen, contractors, salesmen and others doing business with Hayden come to do business. One needs to only go by Blaine Street on a business day in order to confirm the activity there. The bid of Hayden was less than 10% more than the bid of Cone. We urge you to reevaluate the City's recommendation of Cone, engage in a plain reading of the Bid Documents and recommend awarding this Project to Hayden, a locally -owned firm with its primary office in the City of Miami. I would be happy to answer any questions at our meeting at 3:00 p.m. today and, in the meantime, thank you for your cooperation. RJW/ne 185.001 Enclosures cc: A. Quinn Mr. James Very truly yours, Richard Jay W iss Jones, Esq., City Attorney H. Johnson, Jr. 93— 251 NVEISS CEROT?a : HELF-MAY. P.A. 00100 iNSTRUCTiONS Page 1 of a I N 9 T ft U C T 170 N S T O 0 1 0 0 9 0 9 1. SU13MiSSiON OF PROPOSALSs Submit- Proposals on Forms as _ furnished In the Bidder's envelope. Please note that the Did Security, as described In Item 0, next page 18 to beot J_ placed in the Identified envelope for that purpose. 00 NOT USE THE PROPOSAL FOAM iN BOUND SPECIFICATIONS. Submit the Proposals and Old Security, in the appropriate envelopes provided, which shall be sealed and marked so as to clearly indicate the contents and the name of the. Bidder. Please _ place the Bid Security envelope Inside the larger manilla envelope when submitting the proposals. - (a) If forwarded by mall, the abovementloned envelopes - shall be addressed to the City Commission, C/o City Clerk, City of Miami, City Hall, 3600 Pan- American Drive, Miami, Florida 33133, and .sent by registered mail, to arrive any time prior to S: o0 �.,,... P.M. of the last working day preceding the date 1�`. for opening of Bids, as stated In the Advertisement for Olds. 11 (b) If forwarded other than by mail at any time prior to the date for opening of Bids, It shall be r!2 dellvered to the City Clark at the above location. 'delivered 13 (e) if an the date of opening of Olds. It shall be delivered to the City Clerk at the �! 14 location and on the date and prior to the time, all as stated In the Advertisement for Bids. y------` 15 2. LICENSES: As aprerequisite-to-the submission of a Bid, the 81 dder she 1. ho i d " a va i 1 d Curti t 1 cats- o�"'C�mpetsnoy . In the • �� approor 1 ate trade equ i red. .;for -'the' "rorkd-". *sued by the appiropir"�ate exam n ng 6A1r Cr-" .f'-Metrapo I .i ii_n�`.bsi9� "'County e f The bldder shai I submit a- copy -of-,j;sald -Certificate of .,: Competency with the bid* , """�`'" " ' " ` "' _ .._.... As ar prerequisite to the signing; of.. =a Contract, --.the Bidder - and a i 1.._tha tI sfed "".Sugcontradtors< TIM ii I - i mho i d a curreeit -- County -• Mun 1 a I pa I •* Oceupatl cnwl- , . topow-as 1 ssued . by — Metropolltan Dade County for the performance of work In the — City of Mlaml.All Bidders shall Investigate the necessity of camp IIance with the requirements of the Florida Construction Industry - Licensing Board, which fixes registratlon and certification — procedures by the State of Florida. - 3. ONE PROPOSALS Only one Proposal, In duplicate orlpinals. from an Individual firm, partnership or corporation under the same or different names will be considered. if it Is believed that a Bidder is Interested In more than one Proposal for the work Involved, all Proposals in which such - a Bidder is Interested will be rejected. 9 3•25 Rev. June 91 SUPPLEMENTARY CONDITIONS f Page d — 0810 ' SIGN The Contractor shall provide one (1) elan at the construction site go shown on Misc. 38-a9-8»R a copy of - which will be found following this supplementary conditions. The sign shalt be constructed of �-- 40x80x3/4" exterior plywood= sultably mounted; and - _ readable at eye level. The colors to be used are white and blue. Specifically, the background shall be white, F` all lettering shall be blue Helvetlea. All paints shall be rated outdoor ename 1 . The City seat will be supplied by the Department of Public Works In decal form. - Payment for sign as speci f ied • In Division 1- General Conditions -• shall be considered as Incidental to one or more of the bid Items, and no additional compensation will be allowed. 00811 CERTIFICATE bF COMPETENCYr Atten-t lon .18 .,oi -ed Ao.-Secit:l on 2,• ' bf _'instruct Ions to Bidders pertaining to grctensing ,dGequ1rements.` �'"Th 'in 11 County-Mun i c I pa 1. ' L1 comet Issued..by. Oads County based, upon, a Cep, ate of Compfotenay l::t'aa �ropoi ttan Dade, --�' - County Board of - ContFactore_examI nor s.•' :: 8 i dders not 12 already approved by this ' Boardr may "Nave difficulty Ln ,,-- obta I n Cir3p ei i[asnse becauae: yf_;Che time_ ?Oqu 1 rements y13 If - you -tare . ' Interested, T;,we• suggest - an early( ' i nvest i gat•i on,, I'nto !his-""r leelu i rement'. ;- Details may be obta 1 nod 'From ► Metropolitan Dade County Public Works Department 111 N.W. let Street, 16th Floor Miami, Florida 33128 Telephones (30l1) 378-2730 00812 PURCHASE AND USE OF LOCAL. PRODUCTS AND SERVICES So as to stimulate the local economy of Miami and Dade - County, the City Commission of Miami has adopted a Resolution No. 78-673. _ 00813 CONTRACTOR'S COMPLIANCE WITH ORDINANCE NO. 9063 The City of Miami has adopted Ordinance No. 9063, which restricts noise levels due to construction activities. The Contractor must comply with this Ordinance. — 93-- 251 ,;r _ �!�!�' �r .• ': :NJ�i�,41.T't1 •.t, •41� `�'!!�•v��., �i. r?i`•;!. :f.••y •'tl. «" SIR A �y�.�� ` r :e3.flCii�ioti"N�Aii�J.•�L�•a► } l•.s��Aiw`w`: tiilrisi'=` '• r BUILDING AND ZONING DEPARTMENT I11 KN 1ST STREET niAnI. rL 331zd LOTH FLOOR. SUITE LO10 tTATI CONTRACTORS CERTWIC1TE Of REGISTRATION ISSUED RARCH 03. 1143 THIS IS To CERTIFY THAT CONE CONSTRUCTOR'S INC D/8/A C.C.N. CGCO16403 TRADE BUILDING HAVING POET THE RECISTRATION REQUIREMENTS Or METROPOADE COUNTY. 19 MEREBY REGISTERED AS A CONTRACTOR IN THE FOLLOVING ATEGORM) tj Oy GENERAL (STATE) W77- MITH ALL VORK TO BE DONE UNDER THE DIRECT SUPERVISION AND CONTROL of dUALItYIN6 AGENT CONE ME L S.S.H. 2LL-1'!•0331 — CONE CONSTRUCTOR: INC THIS RECTSTRATION IS VALID UNTM 6739 S LOIS AVE SEPTENSER 30. 1113 TWA rL 3361L BY AuTMORi1ATION of w= CARL9S r. OOHYON. FM.D.• P.E.`- SECRETARY. CONST TRADES SUAL BOAAD ALTERATION. REPRODUCT14M OR TRANSFER of THIS CE1tTStICATE IS PROHIBITED — a `9. WED 22; 14 P i[i�L I C _UORKS _ FAX4 71 0 _ 0 8100ER'S METROPOLITAN DAOE COUNTY CERTIFICATE OF COMPETENCY NO, CGCO16903 ` S I DDEA ' S COUNTY-MUN 1 C i PAL OCCUPATIONAL V 1 CENSE NO. CG�Ol6gt�3 BIDDER'S INSURANCE EXPIRATION OATS 12/31/93 Attached hereto Is a certified eneax on the Bank of or a 810 Bond furnished by American Hans Assurance Co. (Bonding Company) represented by Willis Corroon (Insurance Agent) for the sum of 5x of Bid Collars (S 5$ of Bid ) made payable to The City of M I am i , Florida. _ The full names and addresses of persons and firms interested In the foregoing Bid. as Principals, are as follows= Mike L. Cons • President - P.O. Sox 22869, Tames, FL 33622-2869 Chris 0. Cone - Vice President - P.O. Box 22869. Tams. FL 33622-2869 14 J.L. Cone, Jr. - Secretary n P.O. sox 22869, T"a, FL 33622-2869 SUBM i TTED BY: CONE CONSTRUCTORS, INC. p (Name of Firm or Corporation) = 673S So. Lois Ave., TwVa, FL 33616 (Address of Firm or P.O. sox 22869, Tampa, FL City 813-837-221 (Telephone bar) n ke L. K!1 t gnstur0 ) ""'J (slgnaeur�) porationl (CORPORATE SEAL) 93 - 251 k k� <x ?yyj, MA"gialNen Cade Co My. Mrami. rk"Idn PUBL1C WORKS OEPARtMENt CEI: t I Cc t,F yuNPf: lctictr OIAVU 'Nx 1 RPRNSENN"t: j UTA= EE, JJ,SNA E SSAAo = a13N4uNIJIgES If JR ov,x��,r,q n�eM C.A.) nw�l eueenrlfe. d��N see eonko, m4 riffs 6�p u� sl:�iu CUN,AIn 4: 011f2l�lLEE Of �PBY OF DA©E CUNIAAIE.lUttG MOE CAI EU011Y1s1 SIRUCIURAL ENG CAI r. Col. M.O. rs 11131nuclians MAC! P11010 HOW- tJC,;tAjt s 1 t Ii u'I t'; AU pAUuE CCvY �j u1N b L "hl M Ns M Ni1^^MM� jj''S++�ftet� uuRV I'i A141 � Pl EUAuSE:c uh4clou LUI�f a L"O�ING+Ct�plifif s RAC pSS CIECi1u uEf ANY Ctt NG� ur• AuUUat:Ss. IIIE fiUL AND REGUEAt IONS it CtlAP ticR 10 UNTT.000E. 1, A A 1SNE71EAVENUE INC PL 33159 a 00320 9100ER'S METROPOLITAN OA0E COUNTY CERTIFICATE OF COMPETENCY NO. E868 and 000013977 016216-2 BIDDER'S COUNTY -MUNICIPAL OCCUPATIONAL LICENSE NO. 143S2S-3 - BIDDER'S INSURANCE EXPIRATION DATE 2-13-94 Attached hereto Is a certified check on the Camnerc I a I Florida Bank of e or a Bid Bond furnished by N/A (Bonding Company) represented by N/A _ter (Insurance Agent) �_ 631100 for the sum of Seventy Three Thousand Four Hundred Forty Eight andDoI lars .•'"""' (= 73,448.63 ) made payable to The City of M l am l , P' l or l da . The full names and addresses of persons and firms Interested In ` the foregoing Bid, as Principals, are as follows ,.-•"' 12" James Hayden Johnson, Jr./3025 Blaine Street Coconut Grove, Miami, Florida 33133 13 Gienroy G. Elvin/45 N.E. 68 Terrace Miami, Florida 33136 Nancy S. Johnson/3025 Blaine Street Coconut Grove, Miami, Florida 33133 1 4 "1 SUBMITTED BY: 1 HAMXN ENTERFR1SES / J.J. SK* E 1 (Name of Firm or Corpor ti 13-0111) NO. Box 330487 Goconut Grove, Miam1. Florida -- 4532 S.W. 71st Avenue Miami, Florida 33155/3025 Blaine Street Coconut Grove, FL 331 = (Address of Firm or Corporation) Miami Florida 33133 City State ZIP (30S) 662-2214 /•(305) 858-2770 —_ (CORPORATE SEAL) 93- 25. MAP- 1 8-93 THU 1 8! 0K J J SHANE *68 66122*4 ME MCA AND UM All Applicants, Engineering Categories Mrs. Faith Samuels (305) 375-•2705 Construction Trades Qualifying Board Engineering Services Division 111 NW First St. - 14th Floor Miami, Florida 33128-1970 DATE: 5U8JECT: Contractor Exams The attached application (white copy) must be filled out and returned with a check for $300.00 payable to the Dade County Public Works Department no later than September 30, 1991 Closed -book examinations for Engineering Contractors vill be given Saturday, November�2, 1991 9# Other forms may be executed and returned after passing the examination. Please read all of the instructions before filling out the forms. Taking and passing the examination is only the first step in becoming a certified individual, partnership or corporation. The next step is to file the required forms, a certificate of insurance, and a certificate of incorporation, if needed; and remit a fee check for $300.00 All of the above are then reviewed by the Construction Trades Qualifying Board; upon approval a Certificate of Competency is issued. The next and final step is to apply for an Occupational License on the 14th Floor, 140 West Flagler Street in Miami, Florida. FS:nc AR-18-`?3 THU 18:07 J J SHANE &TROPOLITAN DADE =Ms F`2ARIDA Engineering Section, Construction Trades Qualifying Board will be given in the following categories: IRY NO SAME YEARS_ -OF EXPERIENCE - 01 General Engineering (Comprises of dategories 02, 03, 04, 07 A 09) 02 Plant Construction 03 Pipe Lines OA Structural 05 Sea Valle d Small Docks 06 Pile Driving A Foundations 07 Paving 08 Concrete Work 09 Excavating d Grading 10 Land Clearing d Grubbing (Administration Test Only) 11 Soil Compaction A Tamping 12 Railroad Construction 13 Underground Electrical Communications Conduits 14 Fuel Transmission I Distribution Uses 16 Asphalt Sealing (Excluding Roadway Pavements) 17 Direct Cable Burial (CATV) 10 3 3 2 2 3 1 2 .---" 14 6 months 2 y�3gi 3= 1 I_ 2 scants will be required to take an Administration test in addition to - above categories. e the exams listed above are based on field merisnce,, ve cannot Lae study reference guides. We mw sugg alas re erends guides the scable sections of the: Dade County Public Works Manual, South Florida din; Code cad Florida Befit of Tra�+sportaon Standard fications or Ros Bri a Construction. ese�ese �-reference ee r to code _fi2i ications only as - no sl construction practices 1■ ---- �11 - - IIII�M.I 11 IIM I IIIII.MIII � � � � 1 3M34i 4576 PCL CIVIL C0149TIt XT. cap PC:L aVIL CONSTRUCTORS, INC. owwucalon slnt e t 6 March 11, 1993 F-9s9 t--7s'7 �'>� tM41Q ii '+3� t3�t To Whom It May Concern: Our Company is it state licensed general contractor registered to do business In Dade County. We have extensive experience and all qualifications necessary to have Performed the Phase Il Dhuher Ivey Marina Renovation Project. ,Although we picked up bid documents on this project, we did not submit a bid because of the fact that we did not technically comply with Imtructions to Bidders #7 which requires that we hold a "valid certificate of competency. -Issued by the appropriate ezaminitig board14 of Metropolitan Dade County." We do have a state license. , if that requiretneut had not been in the bid documents, we would have been mote than willing to submit our bid to the City of Miami. Very truly yourN PCL qYJL CONSTRUCTORS* INC � A 3 harder President JJDH/hog . fin/ L .. j MY or oim--tooa& *. Tattame or PI,t me nm.PLO. F. ria. 29 Cite " F1t.. M heed" financial transactions between the hus- band and wife and in financial trans. actions between the husband and wife on the one part and the Bank on the other Part. The decree in this regard constituted no more than the adjudication of a civil liability to a party who was not a party to the suit and, therefore, was not bound by it. We have considered the cases cited in brief for the respondent judge but do not find them in point. The decree being one requiring the payment of a debt than due to a third party is not a decree that may be en- forced by proceedings in contempt.' (Emphasis supplied). [4,51 "Prohibition" is that process by which a superior Court prevents an inferior Court or tribunal from exceeding its iu- risdiction or usurping jurisdiction with which it has not been vested by law. State ex rel. Florida Real Estate Commission v. Anderson, Fla.App.1964, 164 So2d 265 ; State ea reL O'Donnell Y. Hall. Fla-App. 1965, 175 So2d 79Z It is an extraordinary writ because it only issues when the party seeking it is without other adequate means of redress for the wrong about to be in- flicted by the act of the inferior tribunal. State ex rel. Fern v. Kehoe, Fla.App- 1965, 179 So2d 403. [6] In cases cited in Scussel v. Kelly, 3Fia.App.1963, 152 Sold 767, it was held that prohibition is an appropriate remedy, to prevent judicial action when the judge is without jurisdiction to act in a cause, and may be specifically invoked against a judge when a party is about tb be cited for con- tempt on the basis of acts which could not constitute contempt of court. See State ex ref. McGregor v. Peacock, 1934, 113 Fla. 816, 152 So. 616; State ex rel. Hill V. Hearn, Irla.1957, 99 So-2d 231; Statb ex rel. Gary v. Davis, 1922, 83 Fla. 422, 91 So. 267 ; Giblin v. State, 1947, 158 Fla. 490, 29 So2d 18; and the annotations appear- ing in 136 A.LX 715. In the case sxb judice, the respondent judge had already cited petitioner for can - tempt of Court and had at a bearing for the purpose of determining the merits of the proceeding which, under the foregoing authorities, he was without power or juris- diction to adjudicate. Ordinarily, therefore, issuance of the ab- solute rule in prohibition would auto. matically follow, but in this case we are sure judge Phillips will follow this opinion and the formal issuance of the absolute writ will accordingly be withheld. It is so ordered. ALLEN, C. I., and LIES, 1, concur. p tr aw"Mw � CITY OF OPA-LOCKA, a Municipal corporation, Appellant, To TRUSTEES OR the PLUMBING INDUSTRY PROMOTION FUND, a trust food, A. M. A. Engineering and Construction, Igo., a Florida corporation, and Harry Pepper i Associates, Ine, a Florida corporation, Ap• pollees. No. 86415L District Court of Appeal of Florida. Thud DIMICL Dee. 20, 160L Procecdhq on appeal, from a final de- cree of the circuit Court, Dade Counts HaL P. Dekle, 3.9 enjoining city from rec- ognizing bid of contractor on contract to install cemetery sewer boase services. The District Court of Appeal, H=dry, C.. ], held that county code provision requiring that bidder be certified as competent prior to bidding on public works prederk was �G 10 12 13 15 1 6`, 30 Fla. 193 SOUTUM PORT gd a invalid as unreasonable restriction on com- petition or as violation of public policy. Decree affirmed. 1. Statutes 4=200, 203 Where text of act reflects clear legis- lative intent, such intent tray be effectuated by supplying word inadvertently omitted and correcting clerical errors. . 2 Municipal Corporations 4a330(I) City charter provisions that expendi- tures for materials and supplies shall be made on basis of sealed competitive bids are designed to secure fair competition on equal terms for all bidders, to avoid favor- itism and to secure public improvements at lowest possible cost to taxpayers. 3. Municipal Corporations 4=330(1) All persons or corporations having ability to furnish supplies or materials needed or to perform work to be done for municipality should be allowed to compete freely without unreasonable restrictions. 4. Municipal Corporations 4=235 Where competitive bidding is required, ordinance which unduly limits member of bidders thus tending to increase cost of work is void, and in addition, such ordi- nances are void on constitutional ground of discrimination. b Municipal Corporations 4=W Attempts to qualify bidders for mu- nicipal contracts prior to receipt of bids are sustainable as long as method of pre - qualification is unobjectionable. L Municipal Corporations 4=W Procedure of prequalifying bidders for municipal contracta must not be scheme to promote favoritism among bidders but must treat all aM= % avideneo da33 District Court of Appeal Cannot take judicial notice of municipal ordinance. 0. Monlelpal Corporations 4=231 County code provision requiring that bidder be certified as competent prior to bidding on public works project was not invalid as unreasonable restriction on tom - petition or as violation of public policy. F.S.A. It 180.01 et seq., 180.24. L Municipal Corporations 40330M City could not waive necessity of public works project bidder having certificate of competency prior to bidding, as required by provision of county code, as immaterial violation in specifications for competitive bidding F.S.A. if 180.01 et seq., 18024. Albert L Weintraub, Miami, for appel- lant. Joseph H. Kaplan, Fred Patrox, Miami, for appellees. Before HENDRY, C. J., and PEARSON and CARROLL, JJ• HENDRY, Chief Judge. By its final decree, the lower court en- joined the City of OwLocks from recog- nizing the bid of Harry Pepper do Asso- ciates, Inc., on a contract to install cer- tain sanitary sewer house services, known as Project No. 100Z On March 11,1966, the city of Opa-Locks advertised for bids on Project No. 1002. The bids were formally opened and it was found that Harry Pepper & Associates. Inc., had made a substantially lower bid than any other bidder. It was farther noted that Pepper did not possess a "Cer- tificate of Competency" from Metropolitan Dade County. The city pwaitted Pepper to obtain a. certificate and then passed on first rea rwg' an ordinance aaxptbg the bid of Pepper. A mpg of the city commission was. scbedutled for June 3, 1966 for the purpose: of final readbig of said ordinance. 93- 251 my or oPA -zso=A % n17ams or nwatso nw. no! f . ice. 31 ate as. Me, in sera 0 Immediately preceding the meeting A. X A. Engineering and Construction, Inc., the second lowest bidder, and the trustees of the Plumbing Industry Pro- motion Fund, a non-profit trust established in Dade County for the purpose of im- proving the plumbing industry, filed their complaint for emergency injunction. The chancellor found that 1104(b), Code of Metropolitan Dade County makes it unlawful for any person, firm, corpo- ration or joint -venture to bid or proffer a bid on any public works project, unless such bidder holds an appropriate certifi- cate of competency qualifying him to per- form the work proposed by the bid. The chancellor also found that this section is a valid legislative enactment which the city could not lawfully waive. Since it was ad- mitted that pepper did not possess such a certificate at the time it submitted a bid, the chancellor found that Pepper was not qualified to bid on Project No. 1002. The city contends that $ 10-3(b), supra, as written contains missing words or gram. matical errors which renders it meaningless. The city also contends that the lower coures construction of I 10-3(b) renders this section unconstitutional as a restraint of competition is bidding on public works and violates the public policy of the State of Florida. It further contends that § 10 3 (b) is void insofar as it contravenes chapter 180, FLLStat., F.S.A. and that 1 10-3 (b) may be waived by the city. Sec. 10-3(b) Code of Metropolitan Dade County (Ord. No. 64-59, 1 3, 11-24 64), as written, is as follows: "Any person, firm, corporation, or joint venture who shall bid or proffer a bid or any public works project shall, at the time such bid or proffer of bid, hold a valid certificate of competency L Armstrong F. city of Edsewater, Fla. 19fts.157 So.2d 422; 50 AmJur. Statatu f 2K 2. Robert 0. Lassiter do Co. v. Taylor. 90 ML 819. =8 So. 14, W A.L.I;. 080 Issued by the appropriate mmining board, qualifying said person, firm, cot- poration or joint -venture to perform the work proposed by the bid and con- tract documents." [Emphasis added.] C1] The chancellor substituted the word "on" for "or" as it appears in the phrase "proffer a bid or any public works project", and the word "of" between the words "time" and "such" in the phrase "at the time such bid". We believe that the intent of the section is clear, L e., to require as a condition precedent to bidding on any public works project that the bidder hold a valid certificate of competency. Where, as here, the text of the act reflects the clear legislative intent, then this intent may be effectuated by supplying the words in- advertently omitted and correcting clerical errors z [2,31 Section 2-19(a), Charter of the City of Opa-Locks provides that, "All expenditures for supplies, materials, equip- ment for contractural services, except for professional services, amounting to more than One Thousand Dollars shall be made on the basis of sealed competitive bids." Provisions such as this are designed to secure fair competition on equal terms for all bidders, to avoid favoritism and to se- cure public improvements at the lowest possible cost to the ttzpayers.s "All per- sons or corporations having the ability to furnish the supplies or materials needed, or to perform the work to be done should be allowed to compete freely without un- reasonable restrictions."s The city argues that if a certificate of competency is a condition precedent to bidding then it is an unreasonable restric- tion on competitive bidding because its effect is to limit competition for public works projects within Dade County to (1030) ; MIM printiaa Company r. Flowers, Sla.tipp.1M, 154 sold M 3. to McQaMla. Manidpal Corporations 1 29.44 Ord ed. 3950). 93- 251 - SOUT xN UpORM cat SUM k 4 business firms regularly doing business in this area. [4, 5] Where competitive bidding is re- quired, any ordinance which unduly limits the number of bidders thus tending to in- crease the cost of the work is void; in addition, such ordinances are void on the constitutional ground of discrimination! However, attempts to qualify bidders prior to the receipt of the bids have been sus- tained as long as the method of prequalifi- cation is unobjectionablea By statute, cities in New York having a population of one million or more may restrict bidding to those who shall have qualified prior to the receipt of bids according to standards fixed by the board of education.$ [6-8] The objective of § 10-3(b) Code of Metropolitan Dade County is reasonable insofar as it limits bidders to those who are responsible and competent On its face, $ 10-3(b) does no more than require that a bidder be certified as competent prior to bidding on a public works project. The procedure of prequalifying bidders must not be a scheme to promote favoritism among bidders, but must treat all alike. The record before us does not reflect the procedure whereby Dade County pre - qualifies bidders. We can not take ju- dicial notice of municipal ordinances? We have, therefore determined that the chan- cellor was correct in finding that § 10-3(b), supra, is a valid legislative enactment. 4. Anderson v. Fuller, M Fla. M. 41 So. 084. 6 L.1t.A..N.8.,1025 (low) ; 10 Me- QuMin, op.eit. supra note 8 1 29AL L TMam A. Care? & Co. v. Boma`h of Fair Lawn, 87 N.J.Bnper. 150, 117 A.2d 140 (2955) ; Application of Caristo Con- struction Corp„ 30111se.2d 185, 221 N.Y. 3.2d 956 (1961) modified as other grounds Carisoo Consl. Corp. v. Rubin. 15 A.D.2d 55L 222 N.Y.8.2d 998 aWd 10 N.Y.2d 558. 225 N.YAM = 180 N.E. 2d 7%; Application of Pipe & Engineer - Jut Co.. Sup.. 220 N.Y.8.2d 175 UM) ; Corcoran v. City of Philadelphia, 388 Pa. Chap. 18D, FI&.Stat~ P.S.A. h the basis of the authority for a municipality to re- quire its citizens to carmect to its sanitary system. 118024 FbLStat., P.S.A. requires. competitive bidding for contracts for con- struction of any of the utilities mentioned in chapter 180. We have previously de- termined that on its face, § 10-3(b) supra, does not contravene a statute requiring competitive bidding. Finally, the city argues that it may waive the necessity of a bidder having a. certificate of competency prior to bidding as an immaterial violation in specifications. for competitive bidding. The city points out that the low bidder on Project No. 1002 was able to secure such a certificate after submitting its bid. [9] To allow the city to permit bidders to qualify after their bids are accepted would circumvent the intent of § 10-3(b). It would also be an unfair advantage over those who must prequalify. If the city may in its discretion waive this section it would* be conducive to favorith m by allowing some bidders to qualify after their bids are ac- cepted while refusing to consider bids of others on the ground that they did not prequalify a Having determined that the decree of the chancellor is without error, it is af- firmed. Affirmed. me, 7o AM an (1950) ; Harris T. Oity of Philadelphia, 209 Pa. 478, 149 A. 722 (1080). 8. N.YMnentioa Law, XCMnUW5 Consul. Laws. e. 18. 1 25M sntd. 12; Appliea- tion of Caeisto Constmetioa Corp., supra note L 7. State es rel. 8a7 v. aty off Miami, 138 Fla. 26, 27 So.2d US (1948)- — L X 'Turco Paving Coatr., Ina v. (2t7 CounndQi7W i of city of Orange, 89 N.J.Snpar. =8 A.2d , ON). 93- 251 1tU0.P. cite as, rill 103 SeAd U PEARSON, Judge (concurring spe- cially). I concur in this decision only because, as pointed out in the majority opinion, this record is insufficient to show the procedure whereby Dade County qualifies bidders. If the record were sufficient to show that the qualification procedure is such that it tends to increase the cost of the work to the public or violates other established principles of law, I would hold the section of the Code void. 0 >n, EU mnw in the Interest of C. P., a Dependent Child. No. 66-041. District Court of Appeal of Florida. Third Dlstrlct. Dec. 20, 10& Proceeding on petition by maternal grandmother of minor child to have child declared dependent child and to obtain temporary custody of child. The Juvenile Court, Monroe County, Eva Warner Gib- son, J., entered order finding that child was dependent child and awarding tempo- rary custody to grandmother, and child's natural mother appealed. The District Court of Appeal held that evidence was insufficient to support finding that minor child was dependent child within purview of dependent child statute. Reversed and remanded. Infants 4=IU Evidence was insufficient to support finding that minor child was dependent iq sesa-1 F child within purview of dependent child statute. F.S.A. # 39.01(10). Henry Coleman, Key West, for appellant. Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for ap- Pellrt- Before HENDRY, C. J., SWANN, and KANNER, A. ©., Associate Judge. PER CURIAM. A petition was filed under § 39.05, Florida Statutes, F.S.A., by the maternal grand- mother of a minor child, the objective being to have the juvenile court declare the minor child to be a dependent child and award to the grandmother temporary custo- dy. The juvenile court, after hearing, found there were reasons to believe the then existing conditions and environment were such as to endanger the welfare and the happiness of the minor child, and en- tered its order fiadmg that the child was a dependent child and awarding temporary custody to the grandmother for a period of three months, pending rehearing. Appealing for that order, the appellant [natural mother] controverts sufficiency of the evidence to establish that the child was a dependent within the purview of $ 39.01(10), Florida Statutes, F.S.A. We agree that the record fails to dis- close such substantial, competent evidence to demonstrate the dependency of the minor child within the definition of the dependent child statute. Accordingly, the order of the juvenile court is reversed and the court directed to enter an order that the maternal grandmother forthwith relinquish custody of the minor child to the natural mother, without prejudice to the appellee -grand- mother to have the cause set down for further hearing where the parties may offer testimony and be fully heard. Reversed and remanded. �rlrs[}'I: __.`,l�rtixSii s ,... �` a ... ,..... _... . STATE OF FLORI-'"-D-A- DEPARTMENT DP STATE r 1. DOROTHY W. GLISSON, Secretary of State of the State of Florida, do hereby certify that the following is a true and correct copy of CERTIFICATE OF INCORPORATION OF HAYDEN ENTERPRXSES, INC. a corporation organized and existing under the Laws of the State of Florida, filed on the 22nd day of October A.D., 1974 as shown by the records of this office. GIVEN under my hand and the Greet Seal of the State of Florida, at Tallahassee. the Capital, this 23rd day of October A.D., 19 74 SECRETARY OF STATE •�, � ,_.; RED _ �77 AFFIDAVIT UNDER FICTITIOUS AbIE��rr���� '��A� 3 TE OF FLORIDA WT'Y OF DADE ) The undersigned, under oath, says; It is the intention of the undersigned to engage in J. J. Shane to Co. isiness enterprise under the fictitious name of -- r 260A Trapp Ave* ted at -- th--- n city of Coconut Grove. Miami , Dade County, Florida. �1 .. - Those interested in said enterprise, and the extent of the interest of ea is follows: Prins or We name Hayden $ rprit3 8 nee �• ayden Enterprises, Inc. Signs k t Ja,nte9 Ha den Johnson Jr. — Oil Signa�t'+a Addt•es• — Signature Address Sworn to and subscribed to before me, a Miami Oyu: ] M november 18_� ^ v I _— day of `1' �„ ry e, ,Mate ofiTidxds ���ion Expn�;:,rt:u:;,ra�roi �!z~is;faYu;a: ubGcotiee of This Weeliot to tttpistu, is Sell howitk, pm ad to the pltnisioet of Qapef 4D9S>. Lays o! 19,I�� ........Tq •�� [?tool of p ATTACH PROOF OF PUBLICATION 12 MIAMI REVIEW AND DAILY rt=CRO ,o•► t 1 POW" Last tsteW Semdrs. Sendar mti Na.a• tKUL •,W -' Lead UoUdar: F OAK Mwd, Dada Cahill,. no" utwo „tw►r• P. altiriKER• i 14 i— 1JCLONDA uIAIW rocuti mustSTATE _ CommO OF CAM nd t0•f iawnMlY tP aaoan aK 11im tAt�Is HN Legal • , t eatwdss. tund+f aM Daily N•Wd. • dilly ttattvt et Nlantl U r►^"'�•— uett „t6dtltl nowt• a tr Ou01ba•a •Dail et tdrtn t Calls C.01M1tY ftartdt: t t= o f :,ate In ebNntta. nine • us* Nt rnatttf of J.J. SIMM & CO. >t Fictitious Name X X X Corn. " u tall •n,.enet, a ta. wr» It 1q'l4 r Nov. 4.11.18 25 ICmro S -qAXa uw tttTl tC8 its etMIMT tVttX t tact tta awdantwr• V* t11at Ilia tits AAltwl Ilttlu• N,Knµ IS twits••• aadte ta. i s^ 4 litast to "a"0taw1 to 'tsa atw�r• hQt'�j fB.4 er OD. I—XKam; in wPOW it p C—*"- been aewrtWtY M avd+s n °w"aA e.. l — "all devta••••No Tyll" to Mp City at eltss of ant Yt $am Do" Q and am been in Catnart l tmr. Hatt ft tilt ptdt Calais, ter • tM atpcad ltu•di to cower tar saw naaa . ntat YnMNq�tM t • alAoat fttrtlnr trri that ram, the putt at tbt paau W hatft Migttr t att O a~,pgw tsOrartt s" W C"It Of plat (•arltlY• >t La: ttolls: y 4 ar DA ttrw}t,ate ter .dltat s000m tttb adraresMttrt yitU 0 a^ Qet•M I�C r +lff�. K oyW{titlt• 1 I C OA..Y FNT Y at�� �. �,� � . t7 j �.I�. /• a!• w n �a j•••+ A /r • na lak I sRRY iL sCtt•\Tl. EM to and 74 �t•RttYfA ASV 0 l4a P A NOV eY fur nrM F� r:"ry 25th—, •' A.tadtali:rtio►ns 5 _... �, ,Naar 9 251 ' Owe .,rldt rout ►ts76a :�tla. florNa tt Ltrylt tllt•tl•:I: �..� t — cu o n Y t'1e T:e •"`ry (As to taxable status under sub�;ha tr _ _� p _r S of �ha Internal P.avtnue Code) cisaioa ender aeel�on t37t;o) (wilt. ,`a ecftssrt c' apt year sta kl:oiders) is �> lreat3d c - tA3 Corp*Wi n malts ill six of Ira rars,rentanis s�s.�d inftrtct a i bu.ires _ inn A on i. 3 ►.,arse. s corFoniiah ' fnr lets tt! tat puroos s m!r be ration - .. En+pioyr► identification etumb*r�p�9i1 besie etc e;tiyitj ts4� Pnstr Ej En arprises, Inc. (' .1.ApPlied for plant Fhainter�ane — ?: Street b raoP Avenue . , Vat# and ZIP code r ut G-Ove, Miatri, Florida 33133 MumSer of steu�ia-fa y Md- „}r;f 5 ► 000 f ►.lion the outgrowth or continuation of any farm of Prsdeerssa,1 O ,. Dots and �"�"'�"'�- Yea t to. If "Yes. slats nuns of i5lae6 of inoarpoaatitrn r, type of orsoni:ation. and period during which it was in existence. lion effective the first taxable year the ___.w._.`--• � --- - _ 10/22/74 rioriaa I corporation s _ _� _ ram,_ _� �_.� carp n es in exi tence. submit the iot.'owin i:Efo��`"`-""'' g Matioh: etion first had sherahotdrrs t?ats correeratton !test nod assets car;,oirRion be;en dotn� buiin►ss jur'nunj t ; retutnirfjt�s"f:lid for 10/14%7t} taxa'sb year IndinZ (Month) — 10/14/74 September _ I Steck g and ad cress (including ZIP code) o: each shfreholder + —. _ Suaiai Security .» tY Internal Rarsnua Service Cantor ' Dett(s) ae;uired i Aiur..bsr where in — No. of shares ' tstt �ns:r. D) J�wdu� .-._,. _,,, •�`� _ 1 return it fled in t1�Tr�z^Yden Johnson, Jr. ..--► `o..�»t�v Cricot uCe500 '10/22/74� - - 223-40-2378 Chamblee, Ga. ,Ihni.,...Florida . 3313 3..N..........N»......»....� �..._. ................ _.......................................N....N»»N.N..!-` _ _ _ -- ._ 12. .' 13 .N.......................»..«....N.........................».NN».»».N. - ...... »N....... N.......... .M.»_..NN........ • � �-____.i_ N-,''�. ., 1!4 N.......w................. .NN...«....w. :� ` .tiV • . V. ... __� �� • , ts�t" try 3.4 . _ Yx • Nw..M..Nw.NN. or this election be valid, the cons�ttt of each stoc holder tst accompany this foam or be shown boiow. Saa instruction 0. Penalties of perjur , 1 declare thakbon is t 416111141 sd72"o.-P-le,61 tthesca men made are to the best of my knowiw=e and b"of true. earrec and ce .. %Y N;:�i: ..•--!�� .......�. �/« Shareholders' slalom t of coniiertf (May be used in of attachments —sea instruction 0) th3 uhcic,si;;neti shareshciders cbnstnt to;.5kc elec"an of the abova corpo.ation to be treated as a sinail busin45i. corporation Sand!. '- { ; 11372(A; of tho inturnai Revenue Code. FRS ..---.. _.•. ..... _ . _.. _ ..._`.". nzturo of ttearsfinlCers axed data �._ r...._.... --... _..---. _... — i (f/�, is r ;� • % .� / � i - KNOW ALL MEN 9Y THESE PRESENTS: That the undersigned, in consideration of the sum of TEN AND NO%100THS 010.00) DOLLARS, the receipt of which is hereby acknowledged, and for other good and valuable consideration, has sold, assigned, transferred and set over, and by these presents does sell, assign, transfer and $et over all of my right, title and interest as Incorporator. and Subscriber to -the capital stock of HAYDEN ENTERPRISES, INC., a Florida corpora- tion as follows: . James Hayden Johnson, Jr. to the extent of 100t of the shares subscribed for. I hereby request that said corporation issue the certificate for said stock as set forth Aove,.-being 500 shares. WITNESS my hand and seal this 24th day of October, 19740_ � 3 � + t G 1 o H{)WAlid V. t:A�t1 City Malaga ati T' April 16, 1982 James Hayden Johnson, Jr.- 3025 Blaine St. _ Coconut Grove, Fla. 33133 RE: Resolution No. 37-82 = on March 22, 1982 Your petition for a Variance was granted by the City of Miami Zoning Board. The attached copy of this resolution provides the date approved, resolution number. and any conditions of this approval. PLEASE NOTE THAT THIS APPROVAL WILL EXPIRE ON unless you obtain a Building Permit or Certificate of Use based upon and incorporating this approval during this period. `. The expiration time of this action can be extended by the City Manager --- T*; - with the approval of the City Commission for up to one (1) year. If14 — you require this extension of time, direct a letter requesting such extension to the City Manager, c/o the Director of the Planning and k Zoning Boards Administration Department, P. 0..Box 330708. Miami, Florida 33133, at least thirty (30) days prior to the expiration. r Sincerely, 1~y l: ne — Y1 Director APL:tw cc: Building Dept. file 4 9 tw- i k Ms. Alicia Baro offered the following Resolution and moved its adoption. RESOLUTION ZB 37-82 RESOLUTION To GRANT VARIANCE FROM ORDINANCE 6671, ARTICLE VI, SECTION 3(l)(a), TO PERMIT AN ADDITION TO A SINGLE FAMILY RESIDENCE ON SE'LY 60' OF LOTS 4 AND 5; BLOCK 26; NEW BISCAYNE (B-16); BEING 3025 BLAINE STREET. AS PER SITE PLAN ON FILE, WITH A FRONT YARD OF 15' (20' REQUIRED); ZONED R-2 (TWO FAMILY DWELLING). Upon being seconded by Mr. Osvaldo Moran-Ribeaux, the motion was passed and adopted by the following vote: AYES: Maass. Baro and Basila. Messrs. Alfonso, Gort, Perry, Romero and Moran- Ribeaux. NAYES: None.. ABSENT: Mr.'Freixas. Ms. Fox: Motion passes 7--0• *bloat � O o a Iza:1 VFW iSsv NOS r•+ _,: p0+WAvAy l j iu.008 BLAINE STREET )BETE PLAN Imilisibb � MAP �G AL DESC%RIP t Ic 3= LOCATION T R A t' A V E19 �L �,,f ���•�.•1' s'j0 (s' ::i C :.ry = . ,,; ul 1� p �v t g � L11ICOLM AVE } 93 ll �' v� � �' r V •t rya III. �� I� I I I ,q .:�„ '�"r-w� � .; .: (...� • ,:a- .. .. .. , yry .c.. ^�, ,a._. �, :,.,n ,».o:: . , , •. :,„ � ,.•� "'``•..k:3:""s i t;,,n.57'4�jx4 ,s..'�,Z''-•�,."4��?r i {, i.:•: :, .�. -...., � _ ;�.� ., }, ,.-: :e. +,f i ,... M+. 'r� .,.r. ' .`.'{" � J 4 1 a her �jk.'.,... e r 9 N 1/4 FRONT ELEVATION r • 2t e 1/4 RIGHT SIDE ELEVATION { f Wtsr+ r V.lwfo �ilyr_ XAt rig. �t'• �� ... -- . —• — .�..— i..!..r ' ' i ... z, "r S�,r`til va.t.lt+t� 1. a4 Address of C Principe Of11ee: MC7�7d ENTEWRISM. e5 "VE sip'. etT�3334ST 33133 t aawe r-e 11 show address is fncorreet In any mW. enter the correct address i in item 2. IfKiUde Zip Code• led or thMlitied 1Qa. Federal Employe► r Ineorpom identification NumN t gUsk,ess in Florida I and Street Addresses of Each OftlCar end Olreetor, es at pel:smber 3r Ioeb=. N andsOireetors 2 TtIM S Oo NOT sew a OAIDA MPAfiTME' � •' �+ ' lip OWISION OF Cot" • '• — °FLOiii�AnEpA1�1Y`�1i�1�'iiFBTA'1`� - George Firestone. Secretary of Saito Division of Corporations SORRY —BUT WE HAD TO RMAN YOvtt AMIAL UirOI BECAUSE.. Not all the lnforntatlon required by law win complete. tie bo checked the corrections you need to make. Ater you baits lue,'. the corrections return the onftual report terse and proper 1 Within 410 days to deli Annual ReportsrlelenefCorporatiene P.O. Box 6327 Annual Reports a_IWof01800 Je �,,,�.:.:.�Talieahasssl''L pt30:•liot our check or money order fora d was r. onclotied. ' Make check payable tot N'f STATE. ::,T w rest indicate the street address of the eorporado T JR, JpE5 HANW1 PHox one cannot beaccept" prncpaff... P/T/D C — g x; Z�CC7CLfe'1MI: This corporation has not tiled annual reports tar tits roar . We can't' file this year's report III rye 'receive your ciilck or manor order for S whichincludes rose for previous yeas and isow se Type or print the acme of each otfleer and director. t List &be title ofaaeh officer. 1'laes an °V beside the name of each director. A nonpr 1 eorporatlon must Olt at least three t11 d rectors. You most list the aatt"Ot ad r each officer. if -- mailing add. �:: e torn does not have s t b roar . and write NIA. 1. Name and Addre!,OAltareM toyed P _ fm 1 Llat the dy► t b officer. _may_ MLgMl �,NE s m,�.,,� 'the To !d{. be an individual llorida resit .- I. FL. 331ZT The s� n or any othee M lion redster/d to do bustness .: s C."• Stale at i7orida. The ee=isttred aratt is person or at.,. service of proms can be mE - corporation Upon whom Tjorefistarediaddre.ss mast be io Aoelds. ItUsrll to 111a prwiMom of sset Bolts SUM14 INW MI a9 ar �; nt'i ne addeesa or east°-" b by resolutlott �d by as board of dksOM OW -- goes ..,_ , Listtho rlEisiered ate , 1..� — Iby eocepl nor spoointmant of revo0w" ao.nt. i eta (etrltller;W. Una "coo as'. Llsttbe registered ALenes city and state (nortdal. uTu1:E An oRleor of the eorporetion. each as the president, (liagtsterea Apart Aeeepl►n1,1 Aooanll '� president. secsRtar7► ur teeasurer. mustsign tha- t , .. Leal hU title. telephone number end dsts t(slpstup. 1 Gully That I At" An 011ker of Via I further Gerber That I UnderOOM My jonim signw4 mustpe listed In beta B Bea alp�settsre tgtMdna lowith/ Inafnr0llar Orat CorPlon. the feet elver or TtUs1N t ltlpoW 1, fnr:ber asalstancs, call mg) 461•0". or write lotwtltre On TMa deport $M! Have the tit ; if )*M Mad Noma of ftinninq pIIM.M s llayden Johnson. Jr. �•• • Division Of Corporadans � ` ._ T;q;,isusiuFL. W14 (� 3 _ 2 1 PRO Now. MV Fees that May 1 IS $Sgb.CA COtit EXIA 1101J ! tttVI A dfl Atltlk4 M CF ItA+E ANNUA1.11tt'011t j •�"°n1"' 1993 99 9, 0-01dl4:re �! IMI.R7lIOt txnevtaticxfs (.•fJ r�••n•1 M'tl Ali HAYDEN DOCUMENT ri 482068+(>�)� HAYDEN W RPRISES, INC. 3025 BLAINE St P.O. SOX 33048f ((COCONUT dROYE, FL. VIAMI FL 33233.049E Moto fEE Awn I"ofame tyMn, ryd i. N�. t. Narna !nd Addrtae ei Cui'a'M JOHNSON. JAMES N. JR. ttt.111 Yt rillltE f I t1 fh a1`ACE f; •� rtii.j.err•�1 a! � rs►c � �!. •1����7! t z7ris�rs 03A'w,r"t =- b9fr'I599t3 �► --emu.-tr�.±�l.aa:M:,r:��,•1 tot No rwd CaMotodan E3jo (wr, �_#4hd Tf �"aal+: t $13e.15 s11e�c•�6.+w+rwoc tmt too "n El �. k%MSWonl�f balltalMrr�TA►1M n r�. ttorlda StaMrf o Nf (J M► 10. N1► w�i AAAitf New Mkred • :.. tia■M S"o Ak M t' O On f iIA" If Md Am•►*Aft s 3U25 OLAINE St. (C000IVUT QRQYE, FL ■) -- -� MIAM1 FL u �■Life.no i1: Ilr Jtaira wil•@0�"lvMPh af..R'NP W..lfawdl .t. a "nnt11 V'd771.41111 t I•kA /lifts, 1rRwO lw «ei«wreaflanr�t MAdbMrlrNttttNHvr�Igk/eea.twudun.ylatojIlft�dfp•� a,erlrall tiMleilllNtMtldkk S!/d�Fq'1rMf1111UptthtofMwtal l'eboeMMtlidOrf. A/S1aMar d. SfCMOIr• 10'AS. f brldn al•a 1 tinCb, ecCaYtt M 4 rMra►+�nlw.1 e1 Nphldtrl 1qN. 1 rn 6: varA, w■1 attpa MIe ii_. —_—_ p11KFJ19Anluunlcttxls fa. 11ttlt nS%J+l7talKCtglt3ptAo" ��... 1 1 1111 F, � 1.1 II►tE Iflulx aNS ,JAMS94MINJR. ttwwlt I aHNtlCf 3023 SLAINE war +aaoatft► 01ANt n +,vrv.xl.m Cocatut Grove. F L 33133 fSf=t• 17 t,1r .mlf �•-- f f ravx f t ►w.! ? at•tc':t f0>Ut1tq f •tlln Sl•rl• faptY•tlt•2H ,� = aitnl►� __ 01wtt J7fmw JtIMfi aaNfrrss 0a'oDsfri _ JeGtr fhtr oatm•t{t•tr — aIMe ,f Wad, afts" li ,1 N V l.5it . f Atlpfitl ._. ,.plr fLZ•/ IaQtr•in•tw - jtililf _ 6.1Sri s a N vr,s f a worm faplr fc1t•� faOtf st•!P r,— (ifttWE •f/fM� e11Alaltl S •>rAtlOKft r � d.Clf st•Ar Rac" F-aw fY �i, Icpela,N�llMgiduil atY• 'Aalolfrffr••rdr"t ►l wa •s..a•a saaaf •I IfInO ONWI M1Y1dt"ItNp Nflaf /r} t101 e1+etAU�� Mfb'- ma.IbMr+cr.Wfl alnne� I:kkpO.�n}r.)+��{//%� rlrlr� NM In"MwHRr++dWle sole dMmgmit, tO/Qt•1MlWdAIrtellMril rkall}• k It.t kHt1 Ira• $LII.A!•1. nrl rrll nM_ 1n0 rlt __ — - _._...�....� . ..i .,�/ L'1 �� •r �.qrd wi►M �a��,iS �I,,•d '": ��" V • ■,..� March it_ 1493 .- arilNr+j i wmaciir 4ry rnU"K ■ Idkry .w7..... ..� �.wr..a. Janes llayden insonr Jr,_ President (305 )e58-2770 rae �-.._......_ ............. ......._..._.------..._..------ ------- ....... DO 001 DETACH THIS STUN DO NOT WRITE OR MAKE ANY MARKS ON THIS STt1S 1993 ANNUAL REPORT 462058 9 NLYbN €�ifi€pkYSES. INt -.�► fri11 i ° J $"AMR FLORIDA DEPARTMEW OF STATE Jim Smith Secretary of Stare tt 17,1993 YpEN ENTERPRISES, INC. 2S BLAINE ST. �Mj, FL 33233-04E7 ECT,14AYDEN ENTERPRISES. INC. t4UMBER; 462M ,rrtpiience 1t* request on your 1993 Annual RePOA. the Contf=W Of tus lot V* sum coqwaWn is enclosed sbould VcQ have any gmsfjons regarding t13iS PO4,) 46 -SOM manor. Passe lewrom cintly BIWA r 3 Secio�o Leiter No- A DID1�444 �►ntu�1 Aspo I ? i i4 J SHANE P.OS it at r f w.. BrVartmerit of itat,e I certify from the records of this office that HAYDEN ENTERPRISES, INC. ison corporation organized under the laws of the State of Florida, Bled October 22, 1974. The document number of this corporation is 462056. I further certify that said corporation has paid all fees and penalties due this office through December 31, 1993, that its most recent annual report was filed on March 17, 1993, and its status is active. t I further certify that said corporation has not filed Articles of Dissolution. y ter:: Aiben unbrt mp hanb anb the dwat meat of the *tatr of -110 ba at Iratl400ee, the Ciatihs t t Seventeenth bap ofaact 'Jim Amith 9 3 — 251 � l" ► of OF �, cj 0 N N Y" .. , "� iyW4 R1A MAN" • w A.�rrry.rsr , NAYOEN 4"TRRPRtSRS tNC 3026 SLANE ONt1T GROVE FL COC lima roe 'wy l�lrt 0 /1•/02 AM *p.OQ on 83300 iloCOPY ol �13►AT'E DEC taw to oft 10 En ..� n.e E r °M"HAY EN ENTERPRISE'S INC..�.� s. - 3025 BLAME L..3.�—.j , - COCONUT GROVE fL 33133-4619 �s .� � +�,�Mwww r -CD -paw nOMA v214CLE RE m P w-Am go loop gowpwpglw open PRLVATIEFow _ awCOPY RMRWAlms gar DEC Gump woo wo awme am gm owVW% 1 1- c3[3n0— low CM L4ftn A ®EN ENTERPR I SES INC 3025 GLAINE ST ,* FL'33I33•401Q � COCONUT GROVE s Boa .� •IWAT � owe a �..� $3- � 5 aFTER o111 AD R CURRENT pQpN1ETER =< il�11N 833� ' vr p jjjj;;����lip ..�;ss�wssa� � En COPY .. 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