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Home My WebLink AboutCity Manager-Memo-Substitution for Item Re.14 Museum Baywalk and PromenadeCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : FROM: Honorable Mayor and Members of the City Commission Johnny Martinez, P.E. City Manager DATE : FILE : December 28, 2012 SUBJECT: Substitution for Item RE.14- Museum Park Baywalk and Promenade REFERENCES: ENCLOSURES: Please be advised that the resolution related to item RE.14 scheduled for the January 10, 2013 Regular Commission Meeting has been revised to award the bid to FHP Tectonics Corp, the lowest responsive and responsible bidder, for the Museum Park Baywalk and Promenade, Phase II and III Project, B-30538. This revision is based on the Chief Procurement Officer's decision to rescind Munilla Construction Management, LLC d/bla MCM's "Best and Final" offer letter issued to MCM and dated September 5, 2012, as MCM is ineligible for City of Miami local preference without having maintained a local office as defined in Section 18-73 of the City of Miami Code, as amended. Attached please find the revised resolution and recommendation of award memo. Alice N. Bravo, P.E., Assistant City Manager/Chief of Infrastructure ark Spanioli, P.E. Director, Capital Improvements Program Kenneth Robertson, Chief Procurement Officer/Director, Purchasing Elvi Gallastegui, Agenda Coordinator 1z-0100-Cit. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-01013 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED AUGUST 23, 2012, PURSUANT TO INVITATION TO BID ("ITB") NO. 11-12-027, FROM FHP TECTONICS CORP., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE MUSEUM PARK BAYWALK AND PROMENADE, PHASE II AND III PROJECT, B-30538, IN THE AMOUNT OF $8,553,620.68, WHICH INCLUDES $7,618,876.54, FOR THE SCOPE OF WORK AND $934,744.14, FOR SELECTED ADD ALTERNATE ITEMS FOR PHASE II AND HI, PLUS A TEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF $855,362.07, FOR A TOTAL NOT TO EXCEED AWARD VALUE OF $9,408,982.75; ALLOCATING FUNDS IN THE AMOUNT OF $2,850,153.75, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30538 AND B-30538S, FUNDS IN THE AMOUNT OF $1,143,000, FROM A FLORIDA INLAND NAVIGATION DISTRICT ("FIND") GRANT FOR THE MUSEUM PARK BAYWALK, AND FUNDS IN THE AMOUNT OF $5,415,829, FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY PROJECT NO. 92-686001, WHICH INCLUDES THE MATCH TO THE FIND GRANT; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE. WHEREAS, the Capital Improvements Program ("CIP") issued Invitation to Bid ("ITB") No. 11-12- 027 for construction services for the Museum Park Baywalk and Promenade, Phase II and III Project, B-30538 ("Project"); and WHEREAS, five (5) bids were received by the Office of the City Clerk on August 23, 2012; and WHEREAS, FHP Tectonics, Corp. ("FHP") was the lowest responsive and responsible, non -local bidder and Munilla Construction Management, LLC d/b/a MCM ("MCM") was the fourth lowest responsive and responsible, local bidder; and WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), any responsive and responsible local bidder(s) who maintain a local office, as defined in Section 18-73 of the City Code, and is within fifteen percent (15%) of the price submitted by the non -local low bidder, then that non -local bidder and each of the responsive and responsible local bidders shall have the opportunity to submit a "Best and Final" bid, equal to or lower than the amount of the low bid previously submitted by the non -local bidder; and WHEREAS, FHP submitted a "Best and Final" bid in the amount of $7,641,706.26, resulting in a reduction of $101,284.81 from their original bid price of $7,742,991.07; and WHEREAS, MCM submitted a "Best and Final" bid in the amount of $7,618,876.54, resulting in a City of Miami Page 1 of 3 File Id: 12-01013 (Version: 2) Printed On: 1/2/2013 File Number: 12-01013 reduction of $730,581.28 from their original bid price of $8,349,457.82; and WHEREAS, a Bid Protest was filed for this project and it was determined by the Chief Procurement Officer that as of February 23, 2012, MCM's property located at 1429 Southwest 1st Street, Miami, Florida, did not meet the definition of a "local office" as defined in Section 18-73 of the City Code; and WHEREAS, in order to be considered a local office, the bidder must be in compliance with all applicable zoning and licensing laws for a minimum of six (6) months prior to August 23, 2012, the bid closing date for ITB No. 11-12-027; and WHEREAS, the City has rescinded its "Best and Final" Offer letter issued to MCM on September 5, 2012; and WHEREAS, FHP has agreed to lower its "Best and Final" bid by $22,829,72, from $7,641,706.26 to $7,618,876.54, in order to match MCM's original "Best and Final" bid; and WHEREAS, the City Manager requests authorization to execute a contract with FHP, in the amount of $8,553,620.68, which includes $7,618,876.54, for the scope of work and $934,744.14, for selected add alternate items for Phase II and III, plus a ten percent (10%) owner contingency amount of $855,362.07, for a total not to exceed award value of $9,408,982.75; and WHEREAS, funds in the amount of $2,850,153.75 are to be allocated from Capital Improvement Project No. B-30538 and B-30538S, funds in the amount of $1,143,000 are to be allocated from a Florida Inland Navigation District ("FIND") grant for the Museum Park Baywalk, and funds in the amount of $5,415,829 are to be allocated from the Omni Redevelopment District Community Redevelopment Agency ("CRA") Project No. 92-686001, which includes the match to the FIND grant, for said purpose; NOW, THEREFORE, 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The bid received August 23, 2012, pursuant to ITB No. 11-12-027 from FHP, the lowest responsive and responsible bidder, for the Project in the amount of $8,553,620.68, which includes $7,618,876.54, for the scope of work and $934,744.14, for selected add alternate items for Phase II and III, plus a ten percent (10%) owner contingency amount of $855,362.07, for a total not to exceed award value of $9,408,982.75, is accepted, with funds in the amount of $2,850,153.75, allocated from Capital Improvement Project No. B-30538 and B-30538S, funds in the amount of $1,143,000, allocated from a FIND grant for the Museum Park Baywalk, and funds in the amount of $5,415,829, allocated from the CRA Project No. 92-686001, which includes the match to the FIND grant, for said purpose. Section 3. The City Manager is authorized {1} to execute a Contract, in substantially the attached form, consisting of the ITB documents and attachments, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} City of Miami Page 1 of 3 File Id: 11-01013 (Version: 1) Printed On: 1/1/1013 File Number: 12-01013 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File Id: 12-01013 (Version: 2) Printed On: 1/2/2013 CITY OF MkAM/. FLORIDA INTER -OFFICE MEMORANDUM TO: Johnny Martinez, P.E. DATE: December 0.2O12FILE: City Manager FROM; Mark SpoDio|i, P.E. Director Capital Improvements Program SUBJECT: Recommendation CfAward Museum Park Bavvvgkand Promenade PH||and |||. B-3O538 ENCLOSURES: Bid Security List, Letter pfAgreement, PAF. Bast and Final Bids, Original recommendation memo Recommendation Based on the findings below. Capital Improvements Program hereby recommends the Project be awarded to FHPTecbon|ca Corp.. who has been determined hoUwthe lowest responsive and responsible bidder for |TB 1142'027Museum Park 0oywo|kand Promenade PH|/and |||. Project No.B-30538ond that the prior approved award recommendation signed and dated October 11, 2012, be rescinded by you. Baobmmnumd Capital Improvements Program (C|P) received five (5) bids on August 33. 2012. in response to the solicitation for the K8uaeunn Park Baywa|kand Promenade PH || and |||, which are reflected on the attached Bid Security List. Bidders as of the Bid Due Date shall hold o current active certified license on a General Contractor from the State ofFlorida and must have o minimum of eight (8) years experience under its current business name, in the construction of similar projects (including public spaoe, park, streetscape and sitelcivil construction), with five (5) separate verifiable projectref renoesfromtheproject owners representative, for Completed Projects an the Prime Contnactor, of similar oize, ocope, and comp|exity, within the past seven (T) years. Two of these projects must have been performed within Miami-DodsVBrovvard/Pa|m Beech County area ofFlorida. In addition, the Bidder must have experience in a minimum of sdleast two (2) of the following: installation of concrete and paver walkways excess of 15.000 mq ft,; eadhworks, water mein and drainage infrastructure and installation of lighting and electrical equipment; and a minimum of at least one (1) of the following: landscaping (including establishment of temporary nurseries and tree relocation) installation of irrigation systems and sod construction ofareas inexcess nfthree (3)acres. The Bidder must also provide a one page resume for both the Project Manager and Superintendant assigned to this project with three (3) reference letters which are to be completed by the project owner, utilizing the form available on the C|P website. Both individuals (e.g. the Project Manager and the Superintendent) must have at least five (5) years experience with projects of similar size, scope and complexity within the past seven (7) years. Findin0s C|P staff has determined that FH9Tectonics, Inc., (,FHV . was a responsive and neoponsible, non -local bidder; and MuniUo Construction Management, LLC` d/b/o MCM. (11K8CM01')o responsible |000| bidder, has submitted a responsive bid within fifteen pmrcent(16Y6) of FHP's bid and maintains o local office, as defined inCity Code Section l8-73. In accordance with Section 18-85(a) of the City of Miami Code, asamended, responsible local bidder(s) who has submitted responsive bids within fifteen percent (1596) of the non -local low tidder(s). are granted the opportunity to submit their "Best and Final" ("BAFO") bid, equal to or lower than the non- local|mwbidder'sorigina|b7domounL Each Bidder was sent a letter doted September 5. 2012. and o blank bid form, instructing them to complete the bid honn and submit two originals in a seakad, addressed and dated envelope to the C|P office no later than September 12, 2012 at 5:00 p.m., to comply with the City's request. Additionally, stated as a requirement inAddendum No. 5.both Bidders were asked to adhere to the Community Small Business Enterprise ('CSBE") requirements of City Code Section 18-89, Ordinance No. 13331, by assigning o minimum of fifteen percent (15%) of the contract value to respondents(s) or construction related enterprises currently certified by Miami -Dade CountyCSBE. as set forth in Sec. 10' 33.O1andGeo.1O-33.O2oftheN1|ami-OodeCountyCodepriortothareoommendationofoward. Both Bidders submitted a Best and Final bid within the seven day period. yNC[W'o bid was the lowest consisting ofabase bid amount of84.855.134.G9for PH||and obase bid amount of$2.7G3.741.85for PH ||| for combined total bid amount of $7'618.876.54. which is a $730.581.28 reduction from their original bid price of$8.34S.457.82. FHP'swas second lowest at$T.841.7OG.2O.a$1D1.284.81reduction from their original bid price of$7.742,SQ1.O7 Not included as pad of the total bid amount for both Phase || and Phase \||, were a list of Bid Alternates/Add Alternates items, to be used at the sole discretion of C|P on an as -needed basis, The Bidders were asked to submit unit pricing for these items on separate bid forms. Only the Add Alternate items have been selected and the pricing incorporated into the total contract amount with a deten-nination to be made solely by CIP after award on which of these items are to be utilized. Determination mfAward On October 25, 2012. FMP filed atime|y. formal protest of award and required $5.000 filing fee with the City's Chief Procurement Officer, Kenneth Robertson, as per City of Miami Code of Ordinance, Section 18-104(a)(2). The basis of FHP's protest was that &1CW1 did not act in good faith and provide accurate information tothe City pertaining totheir maintaining a local office asdefined by City Code Section 18'73; and thensfore, was not entitled to participate in aBAFO. C|P, along with the Chief Procurement Officer, performed their due diligence and requested MCM provide prior approved Miami -Dade County Business Tax Receipts to verifythat yNCyN did indeed conduct all or o portion of its operations out of the building|ocatadet142QGVV1~^8treet.NYiami.F|33135. pursuant toall applicable zoning and licensing laws for o minimum of six months prior to August 23. 2012. the bid closing date. While &1CK8 did provide a City of Miami Business Tax Receipt as required with their bid submitte|, they could not provide the city with a valid Miami -Dade County Business Tax Reoeipt, which is required under Chapter 8A. ArUn|o |){. of the Miami -Dade County Code of Ordinances, for the minimum period of six months prior to August 23, 2012, the bid closing date. Accordingly, Mr. Robertson has rescinded C|P'o BAFO letter issued bzK8C/Ndated September 5. 2012' as yNCKX is ineligible for City Of Miami local preference without having maintained a local office as required by code. In response to |TB#11-12-O27. YNCyW was the fourth |wvveot responsive and responsible non -local bidder. C|P hereby requests approval of the recommendation of award to FHP, in o negotiated bid amount which consists of the combined base bid amount of $7.618.876.54. (including a combined hzto| of $50,000 for permit fee's) for Phases || and |\|, plus o total of $834.744.14, for the selected Add Alternate items for Phase || and Phase ||| to be used otC|p'a sole authority, along with oten percent (1OY6) contingency of S865.362 O7. for a bzto| contract amount not to exceed $9.408.982,76. C|P also hereby requests that you rescind the original recommendation of award signed and dated October 11, 2012. 2 Upon approval of this naoommendation. C|P will prepare the necessary legislation to have this award brought before the City Commission. ohnny Martinez, P.E. City Manager MS/cw w/Aftachments n: Alice Bravo, P.E..Assistant City Manager/Chief oyInfrastructure Mark SponioU. P.E. Director, C|P Kenneth Robertmon, Chief Procurement Officer/Director ofPurchasing Jeovanny RodhWuez, P.E.. Assistant Director, C|P John OePazoa.Project ManoQer.C|P Carlos Vasquez, Construction Manager, C|P � (111,� ��ffliami�*�� ~� �� KuHww,wmmlws��E. City Manager December 6.2O12 Electronic mail and US certified mail return Receipt dmvaf pasohen.com Mr. David P. Roy Senior Project Manager FHP Tectonics 23ONVV165~Street, Suite P2OO Miomi, FL33183 Re: [TBNo.:i142-U27Museum Park Boyvva|band Promenade PHUand PHU|. B-30538 — Letter of Agreement Dear Mr. Roy: Contingent upon the City Manager approving the revised contract award recommendation, this letter of agreement represents confirmation that FHPTactonics. Corp, ("FHFp) will perform the work as outlined in your bid submittal dated August 23. 2012. for the negotiated, total contract amount of $7.618.876.54 which consists of; a base bid amount of $4,855,134,69 for PH 11; a base bid amount of $2.763.741.85br PH |||, fora combined total bid amount of$8.553.62O.S8 (this price includes combined total of $50.000 for permit fees, $25.008 for each Phase); plus a combined total of %934.744.14. for the Add A|hama1w items for both Phase U and Phase U|, at the sole authority o/ C|P. This total contract amount reflects the lowest Best and Final bid offer amount. Please sign and date below to indicate yqurhrmfs acceptance or rejection ofthis total contract amount: Museum Park 8mywm|kand Promenade PHUand PHIII, B-B)538 Total Contract Amount: $8.553.620.68 Title: Senior Project Man City of Miami AFlorida Municipal Corporation Name: A�e /&/ Z11119111�*1—' Mr. MarkGpanioU P.E.. ' Title: _irector, Capital Imp-irovements Program Signe Date: CAPITAL IMPROVEMENTS pmCRAM. 444oxxzndAvow;mhnmx/miamipLo13n/(3o5)41wznn/mx (305) 4/6-2153 Mailing Address: KO. Box z3orvmMiami, rLa3x»3'omu KENNETH ROBERTS[]N J[]HNNY MARTINEZ, P.E. Chief Procurement Officer Cftym^n^ger December 28.2U12 VIA E-MAIL dnrunillaftmtensonmsp/no.opn/ J.Alfredo Armao Armosand Bonon.LLP 400OGVV72Avenue, Suite 2O8 Miami, Florida 331G5 RE. IN RESPONSE TO YOUR WRITTEN COUNTER -PROTEST OF NON -AWARD: CITY OFK8U\M| INVITATION TO BID (IT8)NO. 11'12'U27—MUSEUM PARK BAYW&LKAND PROMENADE PHASE U AND UiC|PPROJECT B'30538 Dear Mr. Armas: The City of K4banni (City) received o notice of intent to file a counter -protest ofnon'awand submitted by Armos and Bonnn. LLP, on behalf of N1uniUa Construction Management, LLC (W1C[N). on Thursdoy. December0. 2012. at S:US PyW, relative to the above -referenced Invitation to Bid (|TB) No. 11-12'027 (Pnojeot).Aarequired byCity Code Section, 18-1O4(2)(cj.''[a]written proheot... must besubmitted tothe chief procurement officer within five days after the doha the notice of protest was filed." Accordingly, using this filing timefnsme. MCM'oformal counter -protest ofnon-award was required to have been filed not later than 5:00 PKA, Thuroday, December 13. 2012. and ^oha|| include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (0^ThoCity thereafter received a formal counter -protest of non -award submitted by Armos and Burron. LLP, on behalf of yNCM. on Thursday, December 11. 2012. at 4:27 PM (Attachment 1, attached and incorporated herein by reference), and, as supplemented by Peterson & Espino, P.A., on behalf of MCM, on December 13, 2012 (Adtochment2. attached and incorporated herein by reference). Pursuant to my duties under Section 18- 104(b) of the City of Miami Procurement Code (Code). Resolution of Protested Solicitations and /4wonds. Authorityto Resolve Protests, | have completed my due diligence review of your counter -protest. The results of my review are as follows: The Definitions Section of the Code, Section 18-73, Definitions, defines terms that are relevant to your full understanding of the protest process. Specifically: "Bid means a formal written price offered by m business to the city to furnish specific goods, equipment and/or contractual orpublic works or improvements in response to an invitation forbids. Proposal means on executed formal document submitted by o proposer tnthe chv, stating the goods and/or services offered to satisfy the need as requested in the request for proposals, or request for letters of interest or request for qualifications." Accordingly, orespondent to anInvitation toBid is abidder. Arespondent to a Request for Proposals, December 28, 2012, Response to MCM Counter -Protest of Non -Award Page 2 The Protest of Award rights defined in Section 18-104(a)(2)a state: Any actual proposer [emphasis added] who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer [emphasis added] of the notice of the city manager's recommendation for award of contract. The receipt by proposer [emphasis added] of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer; As a respondent to Invitation to Bid No. 11-12-027, MCM is a bidder and not a proposer. Therefore, MCM is not entitled to Protest of Award rights as defined in Section 18-104(a)(2)a of the Code. The Protest of Award rights defined in Section 18-104(a)(2)b state: Any actual responsive and responsible bidder [emphasis added] whose bid is lower than that of the recommended bidder [emphasis added] may protest to the chief procurement officer. A written notice of intent to file a protest shall be tiled with the chief procurement officer within two days after receipt by the bidder [emphasis added] of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder [emphasis added] of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. Accordingly, MCM's bid submittal of $8,349,457.82 was not lower than FHP's bid submittal of $7,742,991.07, the lowest responsive and responsible bidder in response to Invitation to Bid No. 11-12- 027. Moreover, MCM's bid submittal was neither determined to be nonresponsive nor non -responsible. Therefore, MCM is not otherwise entitled to Protest of Award rights as defined in Section 18-104(a)(2)b of the Code. *** As required by Code Section 18-104(f), MCM has failed to provide the required $5,000.00 filing fee in the form of a money order or cashier's check. Along with its counter -protest, MCM provided a business check in the amount of $5,000.00 (Attachment 3, attached and incorporated herein by reference). The form of MCM's filing fee does not meet the filing requirements of Code Section 18-104. Therefore, in accordance with Code Section 18-104(c), MCM has forfeited their presumed rights to file a protest pursuant to this Code section. Moreover, MCM shall not be entitled to seek judicial relief without first having followed the protest procedure as set forth therein. MCM has failed to do this. Sec. 18-104. - Resolution of protested solicitations and awards. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section [emphasis added]. *** (t) Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check [emphasis added] payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5, 000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. December 28, 2012, Response to MCM Counter -Protest of Non -Award Page 3 With regard to substance, and, in response to the material content of MCM's counter -protest of non - award, the City has thoroughly researched the specific claims cited therein. Based upon the facts and documentation reviewed regarding MCM's bid response to ITB #11-12-027, MCM is ineligible for local preference as it has not maintained a local office as required by the City of Miami Code of Ordinances and Miami -Dade County Code of Ordinances. In response to ITB #11-12-027, MCM was the fourth lowest, responsive and responsible non -local bidder. Item 1: MCM submitted the lowest responsive, responsible bid. The courts do not favor the disqualification of a low bidder for non -responsiveness where a bid irregularity does not impart an unfair competitive advantage to the low bidder. Response 1: As evidenced by the Bid Security List for ITB #11-12-027 dated Thursday, August 23, 2012 (Attachment 4, attached and incorporated herein by reference), MCM submitted the fourth lowest responsive and responsible bid price at $8,349,457.82. FHP Tectonics Corp. (FHP) submitted the lowest responsive and responsible bid price at $7,742,991.07, which is $606,466.75 lower than MCM's sealed bid price. MCM's bid response was neither disqualified nor deemed non -responsive. On the contrary, the public record clearly shows that MCM submitted the fourth lowest responsive and responsible bid price at $8,349,457.82. The case law that MCM references in support of awarding contracts to the lowest responsible bidder whose bid is responsive weakens MCM's counter -protest claims and actually strengthens FHP's legal standing, as FHP was, in fact, the lowest responsive and responsible bidder in response to ITB #11-12-027. Item 2: MCM is a local bidder and is entitled to City of Miami local preference as defined in Code Sections 18-85(a) and 18-73. Response 2: In order to qualify for local preference under the City of Miami Code of Ordinances, MCM's business operations at 1429 SW 1 Street, Miami, FL 33135, must have been legal pursuant to all applicable zoning and licensing laws for a minimum of six months prior to August 23, 2012, the bid closing date for ITB #11-12-027 (February 23, 2012). Section 18-73 of the City of Miami Code of Ordinances defines "local office" as: Sec. 16-73. - Definitions. Local office means a business which conducts all or a portion of its operations from a permanent structure that is located within the corporate limits of the city, and has operated legally pursuant to all applicable zoning and licensing laws for a minimum of six months prior to the date bids or proposals were received for the purchase or contract at issue [emphasis added]. A post office box shall not be sufficient to constitute a local office within the city. If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than one year, have been in effect for no less than six months prior to date bid or proposal was received, and be available for review and approval by the chief procurement officer or its designee. Pursuant to Miami -Dade County Code of Ordinances, Section 8A-171, Local business taxes imposed., "[n]o person shall engage in or manage any business, profession or occupation in Miami -Dade County for which a local business tax is required by this article without first obtaining the required license or licenses from the County Tax Collector. With respect to each place where a business or profession is located [emphasis added], a separate [emphasis added] local business fax receipt shall be required for each type of business, business classification or profession conducted therein." Miami -Dade County Code of Ordinances: Sec. 8A-171. - Local business taxes imposed. No person shall engage in or manage any business, profession or occupation in Miami -Dade County for which a local business fax is required by this article without first obtaining the required license or licenses from the County Tax Collector. December 28, 2012, Response to MCM Counter -Protest of Non -Award Page 4 With respect to each place where a business or profession is located, a separate local business fax receipt shall be required for each type of business, business classification or profession conducted therein. For purposes of this chapter, a business or profession will be deemed located where it exists at an identifiable physical location or where representation to the public has been made as to the situs of the business or profession. Fees or licenses paid to any regulatory Board, Commission or officer for permits, registration, examination or inspection shall be in addition to and not in lieu of any local business tax receipt required by this article. For the purpose of this chapter, any representation by any person of being engaged in any business, occupation or profession for which a local business fax receipt is required under this chapter shall constitute evidence of the liability of such person to pay a local business tax, whether or not such person actually transacts any business or practices any profession. Displaying a sign or advertisement indicating the operation of business, occupation or profession at a given location, advertising a business, occupation or profession in the classified section of the telephone directory, or any other media or publication, shall also constitute evidence that such person is holding himself out to the public as being engaged in business, occupation or profession. For purposes of this chapter the issuance of a local business fax receipt or receipts to a business or professional shall not be deemed to constitute evidence of the business' or the professional's entitlement to conduct its activities pursuant to other provisions of applicable law. Pursuant to Miami -Dade County Code of Ordinances, Section 8A-196, Contracting., 'Mach person who contracts or subcontracts to construct, alter, repair, dismantle or demolish buildings, roads, bridges, viaducts, sewers, water and gas mains or engages in the business of construction, alteration, repairing, dismantling or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains must obtain a local business tax receipt as a contractor [emphasis added]." Miami -Dade County Code of Ordinances: Sec. 8A-196. - Contracting. (1) Each person who contracts or subcontracts to construct, alter, repair, dismantle or demolish buildings, roads, bridges, viaducts, sewers, water and gas mains or engages in the business of construction, alteration, repairing, dismantling or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains must obtain a local business fax receipt as a contractor. The local business fax shall be determined by the maximum number of persons actually employed, or to be employed during the receipted year, as provided for in the schedule of taxes, Section 8A-223.1. Moreover, pursuant to Miami -Dade County Code of Ordinances, Sec, 8A-172, Doing business without local business tax receipt., "(iJt shall be unlawful and a violation of this section for any person to carry on or conduct any business or profession for which a receipt is required without first obtaining such receipt." Miami -Dade County Code of Ordinances: Sec. 6A-172. - Doing business without local business fax receipt It shall be unlawful and a violation of this section for any person to carry on or conduct any business or profession for which a receipt is required without first obtaining such receipt Any person convicted of a violation of this section shall be punished by: (1) A fine not to exceed double the amount required for such receipt; (2) Imprisonment in the county jail for a period not to exceed sixty (60) days; (3) Both such fine and imprisonment in the discretion of the court having jurisdiction over the cause; (4) Fines in accordance with Chapter 6 CC of the Code of Miami -Dade County; or (5) Completion of the Miami -Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners. December 28, 2012, Response to MCM Counter -Protest of Non -Award Page 5 Chapter 8A, Article IX, of the Miami -Dade County Code of Ordinances requires a business tax receipt for each place of business, including MCM's 1429 SW 1 Street, Miami, FL 33135, location. As posted on Miami -Dade County's Local Business Tax Website, a business located within a municipality is required to obtain both a city receipt and a county receipt. On Friday, November 30, 2012, at 2:36 PM, I telephoned the Miami -Dade County Business Tax Department at 305-270-4949. A woman by the name of Dorothy assisted me and searched for any business tax records for the following property: 1429 SW 1 Street, Miami, FL 33135 She informed me that no business tax records existed for that address (Attachment 5, attached and incorporated herein by reference). In response to this information, I sent Mr. Pedro Munilla an e-mail request for clarification on Tuesday, December 4, 2012, requesting a copy of MCM's Miami -Dade County Business Tax Receipt for the 1429 SW 1 Street, Miami, FL 33135, business location, as issued by Miami - Dade County prior to February 23, 2012. On Wednesday, December 5, 2012, the City of Miami received the below confirming documents from the Miami -Dade County Business Tax Department that clearly show that MCM created new Account #707499-0 on Tuesday, December 4, 2012, retroactive to May 2009, in response to a walk-in request to pay requisite local business taxes for the property located at 1429 SW 1 Street, Miami, FL 33135. The "LAST -TRANS -DATE" field and the "ENTRY-TYPE-DTE" field both specify the same date of December 4, 2012, which means that the account was created on December 4, 2012. The screen shots illustrate that MCM paid retroactive taxes totaling $112.50, current year taxes totaling $45.00 and a penalty charge of $11.25. This is consistent with the Attachment 5, which documents my phone call with the Miami -Dade County Business Tax Department wherein it was discovered that no business tax records existed for the property located at 1429 SW 1 Street, Miami, FL 33135, as of Friday, November 30, 2012, 2:36 PM. MCM's reactionary actions of Tuesday, December 4, 2012, do not bring MCM into retroactive compliance with the City of Miami local preference ordinance, which requires that MCM's business operations at 1429 SW 1 Street, Miami, FL 33135, have been legal pursuant to all applicable zoning and licensing laws for a minimum of six months prior to August 23, 2012, the bid closing date for ITB #11-12-027 (February 23, 2012). MCM came into compliance with Chapter 8A, Article IX, of the Miami -Dade County Code of Ordinances, effective December 4, 2012. This means that as of February 23, 2012, MCM's property located at 1429 SW 1 Street, Miami, FL 33135, did not meet the definition of a "local office" as defined in Section 18-73 of the City of Miami Code of Ordinances. December 28,2OY2Response to MCMCounter-Protest ofNon-Award Page 6 p'':"/s rornes-o wcw 1429 ru I sr :*r` 73526:�^4 NEW 05/21,309 � 12/0*/2012 ... 196 eLo51 o GuwexnL eozcm/mu comrsRcruR 45.00 v 11.25 CscIS13804 _ _ _ ��`a"��, 00 Do - .00 '00 2012 56.25 '=ae 2011 55.25 168.75 /88.75 Item 3: MCyW was disqualified from City of Miami local pna#enenoa for their 1429 SW 1 St, Miani, Florida 33135. business location (Premises) even though MC[N paid its 2011/12 Miami -Dade County Local Business Tax for the Premises pnJuly 15.2D11. Response 3: With regard to the various Miami -Dade County Business Tax Receipts (BTRa) provided as evidence, both from MCM and the Miami -Dade County Business Tax Department, the following summary table is provided: Account Business Name /Location Coverage Dates Receipt# Status 14Q83G'5 6201 SVV7OSt FL South ' 2' Miami, FL33143 10/1/09-9/30/10 148838'5 Valid 14Q838'5 O2O1SVVTOSt FL South ' 2' Miami, FL33143 10/1/10'9/30/11 149838'5 Valid 646401-0 1429 SVV1 St. Miami, FL33135 10/1/08'9/50/10 673277'1 Valid 646401'0 1428SVV1St, Miami, FL33135 10/1/10'9/3011 673277-1 Valid 646401'0 142gSVV1St, Miami, FL33135 10/1/11-11/14/11 673277-1 Valid 04G4O1'O Transfer acbnnto�82O1SVV7O � St, 2 FL. South Miami, FL33143 11/15/11'9/30/12 673277'1 Valid G4G4O1'O O2O1SVV7O8t 2FL South ' ' Miami, FL33143 10/1/12'9/30/13 673277'1 Valid N/A 1423SVV1S�N1iamJ FL ` 11/16Mi'BC�0/ � ' N�4 Invalid from 11M511i'1%14d2 NIA 14298VV18�K8�mn| �L%%13S ' 1O/1/12-1�/3M� �/A Invalid from 11/15M1'12/4M3 Effective December 4.2O12: 707488-0 142SSVV1St, Miami, FL33135 10/1/11'9/30/12 735283-4 Valid Retroactively Valid 707499'0 1428SVV1St, Miami FL3D135 10/1/12 9/30/13 735283-4 December 28,2U12,Response to MCMCounter-Protest ofNon-Award Page 7 The City does not dispute the fact that K8CK8paid for and received their 2O11/12BTRfor the Premises effective October 1.2O11.under Account #G4G4O1-O.OnNovember 15.2O11.however, K8CK8took proactive action with the Miami -Dade County Business Tax Department to change the address of record under Account #G4G401'0 from the Premises to 6201 SW 70 St, 2 FL' South Miami, FL 33143. Please see the below screenshot and the attached signed transfer receipt dated 20111115 (November 15, 2011), attached hereto and incorporated herein as Attachment 6. 427 t9337G-0 rK cES3,mQC� mCI=rr^NDUNT *nM=ruwm" *.,o =CzzPT "TAL 67.28 "MUmrWM 67.28 p*1*2U11 rv"PC�W FU9 D=XTXW num=,roRnzuTz(m 45'00 6.75 51"s ,^,75 D 3054439346a 3030000000 .��:��CIAA 'IAMI ii , &I sb�a,=1& SW"tT SWmST=PL 01429 06201 33135coca 33143 110=1r^LITY at vo ^wUwT V= ".'w 4.50 M*mMM 0141n2006wm" *940230220260 When this transfer ofaddress was completed, nothen-current BTRfor the Premises was thereafter obtained as required by Chapter 8A, Article IX, of the Miami -Dade County Code of Ordinances. If this was o clerical error on MCM's part. neither Miami -Dade County nor the City of Miami is responsible for this administrative oversight. In or around October 2012, when the new 2013 BTRs were distributed, MCM received no such BTR for the Premises. For the period of November 15, 2011, through December 4, 2012. MCK8 had no approved BTR for the Premises. This was corrected by PNCK8 on a reactionary basis inresponse tornyDecember 4.2012. 11:27AM, e-mail requesting acopy ofthe BTRfor the Premises that was in effect on or before February 23, 2012. As evidenced by all of the foregoing and attached, MGM is unable to provide said documentation because it did riot exist until December 4, 2012, more than fournnonthsafterthebidu|osingdatefor|TB#11-12'O27.&1CK1haUnothen'currentBTRforthe Premises as of the bid closing date of August 23, 2012, nor did MCM have a then -current BTR for the Premises as of six months prior to the bid closing date of August 23, 2012 (February 23, 2012). Item 4: MCM is exempt from the tax requirements ofSection 8A-189.2nfthe Miami -Dade County Code of Ordinances. Response 4: RoopootfuUy, k4CK8 may not argue both sides of the same coin. On one akde, in its response to the protest submitted by FHP. [NCM honna||y and affirmatively asserts that it "has offices [emphasis added] strategically located throughout South [sic] Florida" and that "for the past four (4) years, K4C[N has performed aPortion ofits Operations, from its office located at14280W1st Street, City ofMiami, Florida 33135 [emphasis added] (Premises)." Moreover, MCM's business operations at the Premises are pursuant to a lease, the term of which is effective for five years, from May 2009 through April 2014 (Lease) (see Attachment 7. attached and incorporated herein by reference). KXC[N's business operations at this branch office are neither temporary nor transitory. MCM asserts this information in order to be eligible for City of Miami local preference, which requires maintenance of a local office as defined in Section 18-73ofthe City ofMiami Code ofOrdinances. December 26,201ZResponse hoMCMCounter-Protest ofNon-Award Page 8 On the other side, in your letter response dated December 5, 2012, MCM claims that it is exempt from paying Miami -Dade County Business Taxes pursuant toSections 8A-189.Z.8A-189.3.Miami-Dade County Code of Ordinances, and Section 205.065, Florida Statutes, citing to an exemption that "[n]o fee for a local business tax receipt may be levied on any person performing work or services on a temporary or transitory basis [emphasis added] in Miami -Dade County if the person is engaging in or managing a buaineeo, prnfession, or occupation regulated by the Department ofBusiness and Professional Regulation and has paid a local business tax for the current year to the county or municipality in the state where the person's permanent business location or branch office [emphasis added] is maintained." MCMcannot legally assert that business operations at the Premises are either "temporary or transitory" when K4CK0 is under lease for same for a harm of five years. N1C&4 is also ineligible to claim exemption from paying Miami -Dade County Business Taxes for the Premises under Sections 8A-189.2. 8A-109.3. Miami -Dade County Code of Ordinances, and Section 205.065, Florida Statutes, as MCM has maintained this branch office in a permanent structure for the last four years and thereafter contemplated via Lease through April 2014. As a branch office of IMCM, and, as the work or services therein performed are neither temporary nor transitory, MCN1 is not exempted from paying local business taxes for the Premises under Sections 8A-188.2.8A'189.3.Miami-Dade County Code ofOrdinances, nor under Section 2O5.O65. Florida Statutes. In Conclusion: As required by Code Section 18'104/M. [NCyW has failed to provide the required $5.000.00fi|ing fee inthe form of money order or cashier's check. Along with its oounter-pudesL yNCM provided o business check in the amount of$5iUUU.00. The form ofK8CK8's filing fee does not meet the filing requirements of Code Section 18-104. Thenefone, in accordance with Code Section 18-104(c). K8CyN has forfeited their presumed rights tofile o protest pursuant tothis Code section. Moreover, yNCM shall not be entitled to seek judicial relief without first having followed the protest procedure as set forth therein. yNCyW has failed to do this. In conclusion, as the Chief Procurement Officer for the City of Miami, and, for all of the above -detailed reasons with regard to both form and substance, MCN1'u incomplete counter -protest of non -award is summarily dismissed. The Qty, by and through its Department ofCapital Improvements Program, stands by its revised recommendation of award for the Museum Park Baywa|k and Promenade. Phase || and |||. Project B-30680, to FHP Tectonics Corp. asthe lowest responsive and responsible bidder. Thank you. Respectfully, JK/nDef/ /R7bLr7sOD Kenneth Robertson /s/ Chief Procurement Officer/ Director ofPurchasing End:Attachments Y'7 ATTACHMENT 1 ARMAS & BORRON, LLP Trial Lawyers 'VIA US MAIL Via Facsimile: (305) 416-1925 Via Email: kroberston@raiamigov.com Mr, Kenneth Robertson Chief Procurement Office City of Miami Hand -delivered 444 SW lst Ave., 6th Floor Miami, Florida 33130 4960 S.W. 72nd Ave, Suite 206 Miami, Florida 33155 Ph: (305) 661-2021 Fax: (305) 661-2324 w ww. aablawarn. com Z)-" six/ Jorge C. Borron _ J. Alfredo de Armas , 2012 Re: Museum Park Baywaik & Promenade Phase 11 and III Project No.: ITB 1 -12-027 PROTEST This letter serves as Munilla Construction Management, LLC ("MCM")'s protest of the City of Miami's recommendation not to award the subject Project to MCM and the City of Miami's recommendation or decision rescinding its Best and Final Offer letter issued to MCM dated September 5, 2012. The rescission was made on Wednesday December 5, 2012, or, alternatively, on Thursday December 6, 2012. On December 6, 2012 MCM field its Notice of Intent to Protest. This Protest followed in due course. MCM is a local bidder that has submitted the lowest responsive responsible bid. MCM's Best and Final bid is more than $120,000 below the next bidder. MCM is a local contractor that started in the City of Miami and that has maintained a continuous presence in this City for nearly thirty years. Accordingly, it was given a local preference and permitted to present a Best and Final offer. That offer was well below the next lowest bid. Nevertheless, MCM was thereafter disqualified from the local preference. The sole announced basis for this disqualification is that while on July 15, 2011 MCM indisputably paid the local Miarni-Dade County Local Business Tax due on the tow Us.111. ItAtt Itt(11171 PursitNENT imvyrns 1429 SW 1 St, Miami, Florida property (the "Local Office"), the records reviewed by the City's Chief Procurement Officer do not reflect that payment. A copy of MCM's payment is attached hereto as Exhibit 1. MCM has had legal and effective Miami -Dade County Business Tax Licenses since June 1, 2009 for the Local Office via Account #646401-0. However, for some inexplicable reason, the Miami -Dade County records reviewed by the City after the next lowest bidder protested do not show MCM as having paid the County Local Business Tax. That is the sole and only basis for determining that MCM was not lawfully operating its business from the Local Office. However, requiring that the County's records reflect the payment of a tax is an unannounced criterion. The proper announced criterion is the one that MCM met -- that -MCM actually pay the tax -- that it operate lawfully. The discrete issue presented is whether MCM's offices at 1429 SW 1 St, Miami, Florida "operated legally pursuant to all applicable zoning and licensing laws for a minimum of six months prior to the date bids or proposals were received for the purchase or contract at issue." The City's Procurement Officer made a determination that MCM was not compliant. This determination was error and was based on an unannounced criterion, Here, the City of Miami's Local Preference ordinance, Section 18-73 of the City of Miami Code of Ordinances, contains an exhaustive list of criteria that can disqualify a bidder from the local preference as follows: Sec. 18-73. - Definitions. Local office means a business which conducts all or a portion of its operations from a permanent structure that is located within the corporate limits of the city, and has operated legally pursuant to all applicable zoning and licensing laws for a minimum of six months prior to the date bids or proposals were received for the purchase or contract at issue. A post office box shall not be sufficient to constitute a local office within the city. If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than one year, have been in effect for no less than six months prior to date bid or proposal was received, and be available for review and approval by the chief procurement officer or its designee. 2 [Emphasis is supplied.] The announced criteria are thus: 1. that a portion of MCM's operations be conducted from the Local Office; 2. that the Local Office be a permanent structure; 3. that the Local Office be located within the City of Miami; and 4 that the Local Office have operated legally pursuant to all applicable zoning and licensing laws. MCM has been disqualified on the basis that it has not paid the Miami -Dade County Local Business Tax notwithstanding that it has, in fact, done so! More appropriately, MCM has been disqualified because Miami Dade's tax records are inaccurate. This does not make MCM's operations illegal, it just makes the County's records wrong. More importantly, in regards to this matter, it makes MCM's disqualification improperly based upon an unannounced criterion. The Ordinance's list of local preference requirements is clearly exclusive, meaning that it does not purport to include other similar or related requirements, but rather is intended to identify the entire universe of all such requirements. This is demonstrated by the absence of any language, such as "including but not limited to" or "among other things," manifesting an intention to include other matters that are ejusdem generis with the items listed. In addition, each one of the seven experiential requirements is purely objective. Specifically, each criterion is simply a matter of historical fact that either happened or did not happen. Moreover, the existence of these qualifying requirements is not a matter of degree -- the desired quality is either objectively present, or it is absent; there is no discretionary middle ground. The upshot is that any one proposer that meets the criteria is entitled to a local preference. MCM was thus provided the opportunity to present a Best and Final offer. Since the qualifying criteria are unambiguously exclusive, manifesting an intention to identify all applicable experiential requirements the exegetic maxim expressio unius est exclusio alterius controls. This rule holds that if "one subject is specifically named [in a contract], or if several subjects of a large class are specifically enumerated, and there are no general words to show that other subjects of that class are included, it may reasonably be inferred that the subjects not specifically named were intended to be excluded." Espinosa v. State, 688 So. 2d 1016, 1017 (Fla. 3d DCA 1997); Gay v. Singletary, 700 So. 2d 1220, 1221 (Fla. 1997)("[W]hen a law expressly describes the particular situation in which something should apply, an inference must be drawn that what is not included by specific reference was intended to be omitted or excluded.") 3 All of the foregoing must be seen with a great deal of deference to awarding this Project to MCM -- the low responsive bidder by more than $120,000. It is the public policy of the State of Florida, repeatedly expressed in the very clearest and most forceful terms possible by our courts, to award contracts to the low bidder and an equally strong public policy against disqualifying the low bidder. "Where there is mandatory competitive bidding, there is a great public interest for the contract to be awarded to the lowest responsible bidder whose bid is responsive." Caber Systems v. Department of Gen. Services, 530 So.2d 325 (Fla. 1st DCA 1988); City of Sweetwater v. Solo Constr. Corp., 823 So.2d 798 (Fla. 3d DCA 2002). The courts do not favor the disqualification of a low bidder for non -responsiveness where a bid irregularity does not impart an unfair competitive advantage to the low bidder. In Liberty County v. Baxter's Asphalt and Concrete Inc., 421 So. 2d 505 (Fla. 1982) concerning principles applicable to competitive bidding the Florida Supreme Court held that there is a strong public policy in favor of awarding contracts to the low bidder, and an equally strong public policy against disqualifying the low bidder for technical deficiencies which do not confer an economic advantage on one bidder over another. The purposes of bidding would be ill served if a low bidder is ignored for new criteria not set forth in the bid documents. This proposition in general is set forth in the Florida Supreme Court's decision of Wester v. Belote, 103 Fla. 976, 138 So. 721, 723-24 (1931) as follows: The purpose of the bidding process is... To secure fair competition upon equal terms to all bidders;... to close all avenues to favoritism and fraud in its various forms; to secure the best values for the [City] at the lowest possible expense; and to afford an equal advantage to all desiring to do business with the [City], by affording an opportunity for an exact comparison of bids. This particular bid process has prevented the fulfillment of these purposes and was arbitrary and contrary to law. MCM is entitled to a local preference. The fact that it has paid the Miami -Dade County Local Business Tax makes its operations lawful and legal whether or not the County's records are accurate. was found to be a responsible bidder. 4 In addition, MCM has now reactivated its business license for the Local Office. For the past three years, since it entered into the Lease for the Premises, MCM has obtained a City of Miami Business Tax Licenses and Miami -Dade County Business Tax License for the Local Office. From the inception, in connection with the Miami -Dade County Business Tax Licenses, the Account Number for the Premises was 6464010. At the same time, MCM's headquarters had a separate Miami -Dade County Business Tax License with a separate Account Number, 1498385. In July of 2011, MCM renewed its Miami -Dade Business Tax License for the Premises. It appears, however, that MCM failed to renew its Business Tax License for its headquarters. Accordingly, in November of 2011 MCM attempted to renew its Business Tax License for its headquarters and mistakenly, probably because Miami -Dade County advised that general contractors did not need to maintain a license for each location of operation, rather than renewing Account Number 1498385, transferred its Business Tax License from the Premises to the headquarters location. Thereafter, unaware that the Premises did not have a Miami -Dade County Business Tax License, in January of 2012, MCM renewed Account Number, 1498385. Accordingly, MCM had two Miami -Dade County Business Tax Licenses for its headquarters and none on the Premises. Moreover, the City, when making its determination that MCM's operations at the Premises were illegal during the six months immediately preceding the Bid, relied on Miami -Dade County Code of Ordinances, Section 8A-171, which states: [n]o person shall engage in or manage any business, profession or occupation in Miami -Dade County for which a local business tax is required by this article without first obtaining [emphasis added] the required license or licenses from the County Tax Collector. With respect to each place where a business or profession is located], a separate local business tax receipt shall be required for each type of business, business classification or profession conducted therein. However, its reliance on this ordinance is error. MCM, as evidenced by the tax receipts, did first obtain a license prior to engaging in business at the Premises. Accordingly, section 8A-176 of the Miami -Dade Code of Ordinances, governs this matter. It provides the following: (1) All receipts shall be sold by the Tax Collector beginning August 1 of each year and are due and payable 5 on or before September 30 of each year and shall expire on September 30 of the succeeding year. Those receipt not renewed by September 30 shall be considered delinquent and subject to a delinquency penalty of ten (10) percent for the month of October, plus an additional five (5) percent penalty for each month of delinquency thereafter until paid, provided that the total delinquency penalty shall not exceed twenty-five (25) percent of the local business tax fee for the delinquent establishment. (2)Any person engaging in or managing any business, occupation or profession without first obtaining a local business tax receipt, if required hereunder, shall be subject to a penalty of twenty-five (25) percent of the receipt determined to be due, in addition to any other penalty provided by law or ordinance. (3)Any person who engages in any business, occupation, or profession covered by this chapter, who does not pay the required local business tax receipt within one hundred fifty (150) days after the initial notice of tax due, and who does not obtain the required local business tax receipt is subject to civil actions and penalties, including court costs, reasonable attorney's fees, additional administrative costs incurred as a result of collection efforts, and a penalty of up to two hundred fifty dollars ($250.00). Unlike, Section 8A-171, failure to obtain the license is not unlawful. Moreover, the City never sent MCM notice of failure of paying taxes. Additionally, this Section merely provides that the Company's tax payment shall be considered delinquent and subject to a delinquency penalty if it's late. Therefore, because MCM purchased a Business Tax License on December 4, 2012 effective retroactively to May 2009, none of its actions were unlawful. Finally, MCM is exempt from the tax requirements pursuant to Section 8A-189.2 of the Miami -Dade County Code of Ordinances. MCM further relies on the reasons set forth in its letter dated December 5, 2012 from Daniel Munilla, Esquire for this proposition. Thanking you in advance for your anticipated considerations, 6 Very Truly yours 7 EXffiBIT 1 Local Business Tax receipt for 2011-2012;Business location: 1429 SW 1 Street. Miami, Florida 33135 and check dated July 15, 2011 for said taxes 646401-0 BUSINESS NAME / LOCATION MCM 1429 SW 1 ST 33135 MIAMI THIS IS NOT A BILL DO NOT PAY OWNER MUNILLA CONSTRUCTION MANG LLC Secire (If 6 GENEVL BUILDING CONTRACTOR THIS IS ONLY A LOCAL BUSINESS TAX RECEIPT. IT DOES NOT PERMIT THE HOLDER TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR CMES. NOR DOES IT EXEMPT THE HOLDER FROM ANY OTHER PERMIT OR LICENSE REQUIRED BY LAW. THIS IS NOT A CERTIFICATION OF THE HOLDER'S QUALIFICA- TIONS. PAYMENT RECEIVED MIAMI-DADE COUNTY TAX COLLECTOR: 07/27/2011 60000000456 000045.00 SEE OTHER SIDE FIRST-CLASS U.S. POSTAGE PAID FL PERMIT NO. 231 RENEWAL RECEIPTNO. 673277-1 STATE# CGC1513804 WORKER/S 10 DO NOT FORWARD MCM JORGE MUNILLA 6201 SW 70 ST 2 FL MIAMI FL 33143 74 TRANSFER OF BUSINESS/OWNER INFORMATION REGARDING YOUR LOCAL BUSINESS TAX RECEIPT NEW BUSINESS NAME (PLEASE PRINT) PURCHASER NAME (PLEASE PRINT) PURCHASER SIGNATURE SELLER NAME (PLEASE PR NT . . v , 4 't SELLER SIGNATURE • ," , a 4 THE TAX COLLECTOR MUST BE NOTIFIED IN WRITING IF THERE IS A CHANGE OF OWNERSHIP, BUSINESS LOCATION, TRADE NAME OR ANY OTHER CHANGE FROM THAT WHICH IS SHOWN ON THIS RECEIPT. CALL (305) 270-4949. IF RECEIPT IS LOST OR DESTROYED ONLY ONE (1) DUPLICATE RECEIPT WILL BE ISSUED. '•64:.6'LLiiya:PS TAXES ARE SUBJECT TO 6GORDING TO LAW. • WVVW.MIAMIDADE.GOV •, ; e :L.. %AP r rt.; A CERTIFICATE OF USE AND / OR CITY BUSINESS TAX RECEPT MAY ALSO BE REQU R D. 646401-0 BUS1NESS NA E L CAT! OWNER • EUSINESS'TAkiRECEIPT - DogscbtOrERNItr.:,'THE}OLDER TO VOLATE ANY ..' .• :EXISTING REGUVATORVOR • : THE 1COUNTV ORCtTiES NOR 'DOES. .IT :'EXEMPT'' THE • HOLDER FROKANTOTNER TEFIMIT . -.REQUIREO'SY.:LAW.TNISAS " NOT: A.` .CERTIFICATION' OF '314E .ROLCIERIS::' GUALIFICP.- PAYMENT RECEIVED • MIAMI-OADE COUNTY T COLLECTOR: $44QTABILL • NOT PAY• ER:CEIPT NO. DO NOT FORWARD MCM JORGE MUNI LLA 6201 SW 70 ST 2 FL MIAMI FL 33143 I • EE OTHER S DE t FIRST-CLASS: U.S. POSTAGE PAID MIAMI, FL PERIVIITNQ. 231 7-1 17^ SEE OTHEil S DE DO NOT FORWARD' MCM JORGE MUNILLA 62OL SW 70 ST 2 FL MIAMI FL 33143 - . TRANSFEqOF I E 0 NER INFORMATION REGARDING YOUR LOCAL BUSINESS TAX RECEIPT NEW BUSINka,S NAME (PLEASE RUNT) • • • PURCHASER NA (PLEASE PRNT CHASER SIGNATURE SELLER NAME (PLEASE P NT) SELLER SIGNA THE TAX COLLECTOR MUST BE NOTIFIED IN WRITING IF THERE IS A CHANGE OF OWNERSHIP, BUSINESS LOCATION, TRADE NAME OR ANY OTHER CHANGE FROM THAT WHICH IS SHOWN -ON THIS RECEIPT. CALL (305) 270--4949. F RECEIPT tS LOST OR DESTROYED ONLY ONE (1) DUPLICATE RECEIPT WILL BE ISSUED - LOCAL BUSINESSTAXES ARE SUBJECT TO CHANGE ACCORDING TO LAW_ VISIT WWW.M1AMIDADE.GOV ITV BUSINESS TAX RECEIPT MAY ALSO BE REM, ED. EXHIBIT 2 Local Business Tax receipt 2011-2012; Business location: 6201 SW 70th Street, South Miami, Florida 33143 and check dated January 6, 2012 for said taxes 646401-0 BUSINESS NAME LOCATION MCM 6201 SW 70 ST 2 FL 33143 SOUTH MIAMI THIS IS NOT A Bak OWNER MUNILLA CONSTRUCTION MANG LLC • Sep. Type of Business 196 GENERAL BUILDING CONTRACTOR THIS IS ONLY A LOCAL BUSINESS TAX RECEIPT. IT DOES NOT PERMIT THE HOLDER .TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES IT EXEMPT THE HOLDER FROM ANY OTHER PERMIT OR LICENSE REQUIRED BY LAW. THIS IS NOT A CERTIFICATION OF THE HOLDER'S QUALIFICA- TIONS. PAYMENT RECEIVED MIAMI-DADE COUNTY TAX COLLECTOR: 08/09/2012 60030000201 000045.00 SEE OTHER SIDE FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 DO NOT PAY RENEWAL STATErcgargi 3804673277- WORKER/S 10 DO NOT FORWARD MCM JORGE MUNILLA 6201 SW 70 ST 2 FL MIAMI FL 33143 I 0 ' THIS BUSINESS FIECEIPT.. IT DOES NOT PEFMF THE HOLDER : TO VIOLATE EXISTING'REGittATOR ZOtaNal::14AWS:OF ThE :Ott . orrias;-•,'„NoR': ?TIDES IT EXEMPT -ThE '1..toLDeRTRoitt-Argroti-tER • PERMIT 1- OR -r4SENSE: AEOUIRtb13Y.:11:AM'.71101S: NOT,W*fcERTIFIRT)00 THE. HPLATOP,V419C1*" TONS., • SEE OTHER S DE DO NOT FORWARD NCM JORGE MUNILLA PRES 6201 SW 70 ST 2FL SOUTH MIAMI FL 33143 , 1 ! FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 OT ,PtLICENSE t',THIP1S: itQ ITP.ICAMC"F • lvtaLriws'quimaticA. • • • • PAYMENT RECEIVED •. ;1•:/40.1Arixoeiicpp•pry• SEE OTHER S DE DO NOT FORWARD MCM JORGE MUNILLA PRES 6201 SW 70 ST 2FL SOUTH MIAMI FL 33143 EXHIBIT 3 Letter from Daniel Munilia dated December 5, 2012 to Kenneth Robertson mactaart..P. PETERSON ALEJANDRO EsPINO* JOSE BALDOR 'Board Cartifird ConamerBon taw PETERSON & ESPNO, P.A. ATTORNEYS AT LAW 10631 Southwest 88th Street • Suite 220 Miami, Florida 33176 TeL (305) 270-3773 • Fax (305) 275-7410 December 5, 2012 VIA US MAIL Via Facsimile: (305) 416-1925 Via Email: kroberston igov.com Mr. Kenneth Robertson Chief Procurement Office City of Miami 444 SW 1st Ave., 6th Floor Miami, FL 33130 DANIEL L HALLEY, FE DANIELF. MUNILLA MAMMY MARANGES CEASAR X DELGADO Re: Request that the City of Miami retract its decision of this morning rescinding its Best and Final Offer letter issued to MCM and dated September 5, 2012, as MCM is in fact eligible for the City of Miami local preference having maintained a local office as required by code. Dear Mr. Robertson: This law firm represents Munilla Construction Management, LLC ("MCM") in connection with above referenced Protest. By this letter we request the City to retract its decision of this incoming rescinding its Best and Final Offer letter issued to MCM, dated Septeinber 5, 2012, as MCM is in fact eligible for City of Miami local preference having maintained a local office as required by code as evidenced by, among other things, the numerous reasons outlined below. Please excuse the length of my response, but with such short time to prepare same, I want to try to make sure that you are provided with everything you need to make your decision. Your email of yesterday, attached hereto as Exhibit "A", requested that MCM provide you by "not later than 5:00 PM on Wednesday, December 5, 2012", "a copy of MCM's Miuni- Dadc County Business Tax Receipt for [its] 1429 SW 1 Street, Miami, Fl 33135, business location (the "Local Office"), as issued by Miami -Dade County prior to February 23, 2012" (the "First Email"). For your ready reference, copies of MCM's Miami -Dade County Business Tax Licenses for the past three years, including the 6 months prior to the Bid, are attached hereto as Composite Exhibit "13" and specifically incorporated herein (the "Local Office Business Tax Licenses"). Copies of these were e-mailed to your attention at 10:26 am this morning via e-mail from Alexis Leal. These should confirm that MCM had legal and effective Miami -Dade County Business Tax Licenses since lime 1, 2009 for its local office at 1429 SW 1 Street via Account #646401-0. Since MCM provided you the requested. evidence within the time requested by your e-mail, MCM most respectfully requests that you retract/rescind your above referred rescission. MCM is also in receipt of your email dated December 5, 2012 wherein you allege that the Local Office Business Tax Licenses "are invalid for the property" and that MCM "transferred this account to the address located at 6201 SW 70 ST 2 Fl, Miami, FL 33143," rendering the Local Office Business Tax Receipts "invalid for the property located at 1429 SW 1 Street, Miami, FL 33134." You also alleged that the only valid Miami -Dade County Business Tax receipts for the property located at 1429 SW 1 Street, Miami, FL 33135, are appropriately filed under Account No. 707499-01. It appears as though, due to a clerical error on MCM's behalf, the Miami -Dade County Business License was transferred in November 2011 to 6201 SW 70 ST 2 FL, Miami FL 33143. The fact that the 6201 property already had a Miami -Dade County Business License suggests that the transfer was a clerical error. In fact, MCM, due to the clerical error technically paid twice for the 6201 Business Tax License. For your records, find MCM's Miami -Dade County Local Business Tax Receipts for MCM's offices at 6201 SW 70 Street, FL 33143 with different payment dates and different receipts attached hereto as Composite Exhibit "C". In addition to the foregoing, I respectfully disagree with your interpretation of the City of Miami's Local Preference ordinance, Section 18-73 of the City of Miami Code of Ordinances defines "local office" as: Sec. 18-73. - Definitions. Local office means a business which conducts all or a portion of its operations from a permanent structure that is located within the corporate limits of the city, and has operated lega:d' y pursuant to all applicable zoning and licensing laws for a minimun of six months prior to the date bids or proposals were received for the purchase or contract at issue [emphasis added]. A post office box shall not be sufficient to constitute a local office within the city. If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than one year, have been in effect for no less than six months prior to date bid or proposal was received, and be available for review and approval by the chief procurement officer or its designee. It is a basic rule of statutory construction to give the words in the statute their plain meaning. The above definition of local office clearly requires: (1) all or a portion of the company's operations to occur form a permanent structure located within the corporate limits of the city, (2) that the company has operated legally pursuant to all applicable zoning and licensing laws for a minimum of six months prior to the date bids or proposal were received for the purchase or contract at issue, and (3) if the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than one year, have been in effect for no less than six months prior to date bid or proposal was received, and be available for review and approval by the chief procurement officer or its designee. The above definition does not require Not that it is relevant, but the following explains why MCM purchased the new Miami Dade County Business Tax License yesterday: MCM's staff, upon receipt of the First Email, was concerned that it did not have the proper Miami -Dade County License and immediately sent an MCM staff member to the County to purchase same. Thereafter, Pedro Munilla, a Member/Manager of MCM, who is charged with ensuring that MCM maintains all requisite licenses, later that day, reviewed your email and immediately requested an extension of time of two days to respond because he was out aU day and needed to prepare for a corporate retreat. He assumed that the extension would be granted. However, at 5:55 PM, you denied the request for an extension of time. Pedro, accordingly, began searching for the Local Office Business Tax Licenses and found them within one hoar, and emailed you advising that you would be receiving copies of Sallie via correspondence from MCM's attorney in the morning. 2 the company to have operated legally pursuant to all applicable zoning and licensing laws for the six months immediately preceding the date bids or proposals were received for the purchase or contract at issue. It merely requires the company to have "operated legally pursuant to all applicable zoning and licensing laws for a minimum of six months prior to the date bids or proposals were received for the purchase or contract at issue." The only limitation imposed by the statue with respect to the six (6) months immediately preceding the bid, deal with the applicability of leases that have not been in effect for .a minimum of said time. Accordingly, your analysis which is limited to the legality of MCM's operations for the six (6) months immediately prior to the bid date is flawed. With that said, MCM continues to assert that its operations in the six (6) months immediately prior to the bid date were legal and in accordance with all zoning and licensing laws. Additionally, Chapter 8A, Article IX, of the Miami -Dade County Code of Ordinance contains two exceptions which specifically permit MCM to operate at the Local. Office without the need for a second Miami -Dade County Business Tax License. Your analysis relies on Sections 8A-171, 8A-196 and 8A-172 of the Miami -Dade County Code of Ordinances which state the following No person shall engage in or manage any business, profession or occupation. in Miami -Dade County for which a local business tax is required by this article without first obtaining the required license or licenses from the County Tax Collector. With respect to each place where a business or profession is located, a separate local business tax receipt shall be required for each type of business, business classification or profession conducted therein. See 'ami-Dade County Code of Ordinances Section 8A-171. Each person who contracts or subcontracts to construct, alter, repair, dismantle or demolish buildings, roads, bridges, viaducts, sewers, water and gas mains or engages in the business of construction, alteration, repairing, dismantling or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains must obtain a local business tax receipt as a contractor. See Miami -Dade County Code of Ordinances Section 8A-196 It shall be unlawful and a violation of this section for any person to carry on or conduct any business or profession for which a receipt is required without first obtaining such receipt. Any person convicted of a violation of this section shall be punished by: (1) A fine not to exceed double the amount required for such receipt; (2) Imprisonment in the county jail for a period not to exceed sixty (60) days; (3) Both such fine and imprisonment in the discretion of the court havizig jurisdiction over the cause; (4) Fines in accordance with Chapter 8CC of the Code of Miami -Dade County; or (5) Completion of the Miami -Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners. See Miami -Dade County Code of Ordinances Section 8A-172. A review of the above cited ordinances compels one to conclude that all companies are required to have a Muni -Dade County Business Tax License at each location it conducts business. However, after a salient review of Chapter 8A, Article IX, of the Miami Dade County Code of Ordinances you will find that the County carved out exceptions to the requirement to obtain Business Tax Licenses for persons regulated by the Department of Business and Professional Regulation. Specifically Section 8A-189.2 of the Miami -Dade County Code of Ordinances provides: No fee for a local business tax receipt may be levied on any person performing work or services on a temporary or transitory basis in Miami -Dade County if the person is engaging in or managing a business, profession, or occupation regulated by the Department of Business and Professional Regulation and has paid a local business tax for the current year to the county or municipality in the state where the person's permanent business location or branch office is maintained, and in no event shall any work or services performed in a place other than the county or municipality where the permanent business location or branch office is maintained be construed as creating a separate business location or branch office of that person. Any properly receipted contractor asserting an exemption under this section who is unlawfully required by the local governing authority to pay a local business tax, or any registration or regulatory fee equivalent to the local business tax, shall have standing td challenge the propriety of the local government's actions, and the prevailing party in such a challenge is entitled to recover a reasonable attorneys fee. Moreover, Section 8A-189.3 of the Miami -Dade County Code of Ordinances provides: "In addition to those exemptions set forth in this article, all exemptions from local business taxes provided for in the Florida Statutes are recognized and adopted," and Section 205.065, Florida Statutes, provides; If any person engaging in or managing a business, profession, or occupation regulated by the Department of Business and Professional Regulation has paid a business tax fox the current year to the county or municipality in the state -where the person's permanent business location or branch office is maintained, no other local governing authority may levy a business tax, or any registration or regulatory fee equi-valent to the business tax, on the person for performing work or services on a temporary or transitory basis in another municipality or county. Work or services performed in a place other than the county or municipality where the permanent business location or branch office is maintained may not be construed as creating a separate business location or branch office of that person for the purposes of this chapter. Any properly licensed contractor asserting an exemption under this section who is unlawfully required by the local governing authority to pay a business tax, or any registration or regulatory fee equivalent to a business tax, has standing to challenge the propriety of the local government's actions, and the 4 prevailing party in such a challenge is entitled to recover a reasonable attorney' s fee. There are no Florida Court decisions which analyze Section 205.065, Florida Statues. However, there are three Attorney General Office opinions (AGO 93-19, AGO 92-74 and AGO 92-83) which help explain how the rule should be applied to persons regulated by the Department of Business and Professional Regulation. Copies of the three opinions are enclosed herewith for your reference as Exhibit "D". The opinions unanimously agree that the Statute applies to Florida Residents as well as non-residents and that the statute is directed at eliminating the imposition of an occupational tax (local business tax) on business activity outside of a business' principal office, or branch office, for businesses that are regulated by the Department of Business and Professional Regulation. Moreover, AGO 92-83 specifically states: Section 205.065, Florida Statuses "prohibits a county or municipality from imposing an occupational license tax if the DPR regulated business has already paid an occupational license tax for the current year and does not have a permanent business location or branch office located in such county or municipality." See Id. at Pg. 2. As evidence by the documents attached hereto as Exhibit "E", MCM is regulated by the Department of Business and Professional Regulation and, without question, paid for its Business Tax License for its headquarters at 6201 SW 62 ST, Second Floor. Accordingly, it is not required to obtain an additional Business Tax License for each location from which it "conducts all or a portion of its operations". Therefore, MCM was not required to obtqin. a Miami -Dade County Business License at the Local Office and any operations it conducted at the Local Office were "operated legally pursuant to all applicable zoning and licensing laws". Regardless, as evidenced by Exhibit "B", MCM timely acquired those business licenses for the Local Office. MCM, from the date of its incorporation in 1983, at which time MCM had its only office at 1401 SW 1B Street, City of Miami, Florida, through today, has conducted a portion of its operations in the City of Miami The local preference rule was created to benefit companies like MCM who maintain a local office in the City. Upon your review of the foregoing, I hope that you reconsider/ rescind your position and put more thought and time into this matter. If you have any questions concerning the above, or the enclosed, please do not hesitate to contact me. Peterson & Espino, P.A. Enclosures cc: alfred@aablawfirra. com; al eal @M CMCORP. C OM; lalonso @MCM CORP . C OM; kdyer@MCMCORP.COM; kguerrero@MCMCORP.COM; mfornaris@MCMCORP.COM; JOBru@miamigov.com; RSuarez-Rivas@miamigov.com; johnnymartinez@miamigov.com; abravo@miamigov.com; inspani oli@mi amigov.com; CWilson@miamigov.com; Nazquez@bergersingermaia.com; droy@fhpaschen.com; DThompson@bergersingerman.com 5 EXHIBIT A Email from Alexis Leal forwarding the email dated December 4, 2012 from Kenneth Robertson | / Daniel Munilla From- Alexis Leal [Alex1s@lV1ClVlC0RP.CC)lV1J Sent; December 04.201211:36aM To: umxn*""u/x/*^ Cc: Pedro MunUs[LssettsAlonmo Kurt Dyer Subject., Fwd: Request for Additional information: Bid Protest |TB#11-12'O27 FYI Alexis Leal, MCM Begin forwarded message: From: "Robertson, Kenneth" ^krobertson@miamiguv.com«mailto;krobertson@miami8ov,com>x Date; December 4, 2012' 11:27;23 4M EST To; Pedro MunilIu xPedro@M[MCORP'[OM«mailto:Pedro@M[MODRP.[OM>x Cc: Alexis Leal «Alexis@MOwCORP,[DM«msiIto:Alexis@M[MCORP'[OM>»� Lissette AIonsn xImlonsoCaMCM[oRP.COM<mmiIto:lalon�o@MCMCORP'[OM>5, Kurt Dyer <kdyer@MCMCURP,[OM<maiIto:kdyer@n[MCORP'[OM»» Subject: Request for Additional Information; Bid Protest ZT8 #11-12-027 Good morning, Mr. Munilla: In order to qualify for -local preference under the City of Miami Code of ordinances, M[M needs to he able to prove that its business operations at 1429 SW l Street, Miami' FL 33135^ have been legal pursuant to all applicable zoning and licensing laws for a minimum of sir months prior to August 23^ 2812^ the bid closing date for ITB #11-12-027 (February 23, 2012), Section I8-73 of.the [ity of Miami Code of ordinances defines "local office' as: Sec. 18-73. - Definitions. Local office means a business which conducts all or a portion of its operations from a permanent structure that is located within the corporate limits of the city, and has operated legally pursuant to all applicable zoning and licensing laws for a min1murn of six months prior to the date bids or proposals were received for the purchase or contract at issue [emphasis, added]. A post office box shall not be sufficient to constitute a local office within the city' If the business is located in the -permanent structure pursuant to a lease, such lease must be in writing' for a term of no less than one year, have been in effect for no less than six months prior to,date hid or proposal was received, and be available for review and approval by the chief procurement officer or its designee. Pursuant to Miami -Dade County [ode of Ordinances, Section 8A-171, Local business taxes imposed., "[n]n person shall engage in or manage any business' profession or occupation in Miami -Dade County for which a local business tax is required by this article without first obtaining the required license or licenses from the County Tar Collector. Withrespect to each place where o business or profession is located [emphasis added], a separate [emphasis added] local business tax receipt shall be required for each type of business, business classification or profession conducted therein," Pursuant to Miami -Dade County [odd of Ordinances, Section 8A-196, Contracting., =[elach person who contracts or subcontracts to construct/ alter, repair, dismantle or demolish buildings, roods, bridges, viaducts, sewers, water and gas mains or engages in the business � of construction' alteration' repairing, dismantling or demolition of buildings' roads, bridges, viaducts, sewers, water and gas mains must obtain a local business tax receipt .as a . contractor [emphasis added]." Moreover, pursuant to Miami -Dade County Code of Ordinances, Sec. O4-172, Doing business without local business tax receipt.' �[i]t shall be unlawful and a violation of this section for any person to carry on or conduct any business or profession for which o receipt is required without first obtaining such receipt," Chanter 8A^ Article IX, of the Miami -Dade County Code of Ordinances requires a business tax receipt for each place of business, including MCM's 1429 5W 1 Street/ Miami, FL 33135, location. As posted on Miami -Dade [ounty~s Local Business Tax Wabsite' a business located within a municipality is required to obtain both a city receipt and a county receipt. Per the attached e-mail, on Friday, November 38" 2012^ at 2:36 PM' I telephoned the Miami -Dade County Business Tax Department at 305-270-4949. A woman by the name of Dorothy assisted me and searched for any business tax records for the following property: 1429 SW 1 Street, Miami, FL 33135 She informed me that no business tax records existed for that address. In order to support M[M/s application for City of Miami local preference under IFB #11-12- 027, please forward me a copy of MCM's Miami -Dade County Business Tax Receipt for your 1429 SW l Street, Miami, FL 33135^ business location, as issued by Miami -Dade County prior to February 23, 2812' If MCM does not have such a confirming document/ then MCM is in violation of Chapter 8A, Article IX' of the Miami -Dade County Code of Ordinances, and, as such, would be ineligible to claim City of Miami local preference for your 1429 SW 1 Street, Miami' FL 33135^ business location. Please provide the requested information to my attention not later than 5:00 PM on Wednesday, December S' 2012. Not providing the requested information by the stated deadline shall be cause to rescind the C±ty.of Miami's Best and Final offer letter doted September S, 2822^ for the subject ITB. Thank you in adVance for your immediate attention regarding this matter' Miami -Dade County Code of Ordinances: Sec' 8^-171' - Local business taxes imposed' No person shall engage -in or manage any business, profession or occupation in Miami -Dade County -for which a local business tax is required by this article without first obtaining the required license or licenses from the County Tax Collector. With respect to each place whera a business or profession is located, a separate local business tax receipt shall be required for each type of business, business classification or profession conducted" therein. For purposes of this chapter, a business or profession will be deemed located where it exists nt'an identifiable physical location or where representation to the public has been made as to the situs of the business or prufession' Fees or licenses paid to any regulatory Board, Commission or officer for permits, registration,examination or inspection shall be in addition to and not in lieu of any local business tax receipt required by this article. For the purpose of this chapter' any representation by any person of being engaged in any business, occupation or profession for which a local bbsiness tax receipt is required under this chapter shall constitute -evidence of the liability of such person to pay a local business tax, whether or not such person actually transacts any business or practices any profession. Displaying.a sign or advertisement indicating the operation of business, occupation or profession at o given location, advertising a business, occupation or profession in the -classified section of the telephone directory, or any other media or publication, shall also constitute evidence that such person is holding himself out to the public as being engaged in business, occupation or professinn. For purposes of this chapter the issuance of a local business tax receipt or receipts to a business or professional shall not be deemed to constitute evidence of the business` or the 2 professional's entitlement to conduct its activities pursuant to other provisions of applicable law. Sec. 8A-172. - Doing business without local business tax receipt. It shall be unlawful and a violation of this section for any person to carry on or conduct any business or profession for which a receipt is required without first obtaining such receipt. Any person convicted of a violation of this section shall be punished by: (1) A fine not to exceed double the amount required for such receipt; (2) Imprisonment in the county jail for a period not to exceed sixty (60) days; (3) Both such fine and imprisonment in the discretion of the court having jurisdiction over the cause; (4) Fines in accordance with Chapter 8<http://library.municode.com/HTML/10620/level2/PTIIICOOR_CHBBUCO.htm1#xPTIIIC0OR_CHBBUCO> CC of the Code of Miami -Dade County; or (5) Completion of the Miami -Dade County Diversion Program, pursuant to Implementing Order of the Board of County Commissioners. Sec. 8A-196. - Contracting. (1) Each person who contracts or subcontracts to construct, alter, repair, dismantle or demolish buildings, roads, bridges, viaducts, sewers, water and gas mains or engages in the business of construction, alteration, repairing, dismantling or demolition of buildings, roads, bridges, viaducts, sewers, water and gas mains must obtain a local business tax receipt as a - contractor. The local business tax shall be determined by the maximum number of persons actually employed; or to be employed during the receipted year, as provided for in the schedule of taxes, Section 8A-223.1. Kenneth Robertson Director / Chief Procurement Officer City of Miami - Purchasing Department Miami Riverside Center 444 S.W. 2nd Avenue - 6th Floor Miami, FL 33130 Phone: (305) 416-1910 Fax: (305) 416-1925 E-mail: krobertson@miamigov.com<mailto;krobertson@miamigov.com> Website: http://www.miamigov.com/procurement/ This communication may contain confidential and/or otherwise proprietary material and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding city business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. <mime -attachment> 3 No virus found in this messa8e. Checked by AVG - www.avQ.com Version: 2013.0'2793 / Virus Database: 2634/5934 ' Release Date: 12/03/I2 � EXHIBIT B Local Business Tax receipt for 2011-2012;Business location: 1429 SW 1 Street, Miami, Florida 33135 and check dated July 15, 2011 for said taxes 646401-0 BUSINESS NAME / LOCATION MCM 1429 SW 1 ST 33135 MIAMI FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 THIS IS NOT A BILL DO NOT PAY RENEWAL PIFCEIPT 673277-1 STATE# CGCi513804 OWNER MUNILLA CONSTRUCTION MANG LLC Sec. Type of Business WORKER/S 196 GENERAL BUILDING CONTRACTOR 10 THIS IS ONLY A LOCAL BUSINESS TAX RECEIPT, IT DOES NOT PERMIT THE HOLDER TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR CMES. NOR DOES IT EXEMPT THE HOLDER FROM ANY OTHER PERMIT OR UCENSE REQUIRED BY LAW. THIS IS NOT A CERTIFICATION OF THE HOLDER'S QUALIFICA- TIONS. PAYMENT RECEIVED MIAMI-DADE COUNTY TAX COLLECTOR: 07/27/2011 60000000456 000045.00 SEE OTHER SIDE DO NOT FORWARD NCM JORGE MUNILLA 6201 SW 70 ST 2 FL MIAMI FL 33143 74 TRANSFER OF BUSINESS/OWNER INFORMATION REGARDING YOUR LOCAL BUSINESS TAX RECEIPT NEW BUSINESS NAME (PLEASE PRINT) PURCHASER NAME (PLEASE PRINT) PURCHASER SIGNATURE THE TAX COLLECTOR MUST BE NOTIFIED IN WRITING IF THERE IS A CHANGE OF OWNERSHIP, BUSINESS LOCATION, TRADE NAME OR ANY OTHER CHANGE FROM THAT WHICH IS SHOWN ON THIS RECEIPT. CALL (305) 270-4949. IF RECEIPT IS LOST OR DESTROYED ONLY ONE (1) DUPLICATE RECEIPT WILL BE ISSUED. SELLER NAME (PLEASE PRINT) :. • •_. • • .••,.• • . i 0 z . \LqtALEILI.Sti*SS TAXES ARE SUBJECT TO . .. . ....„.. ' , • s • , • 4 L ., 1 , • , :. • . CIRANGE 11C" ORD INC TO LAW. ..' : SELLER SIGNATURE.'.- . 1, ‘.,• L 4\441,,, WWW..MIANIIDADE.GOV t 4 A CERTIFICATE OF USE AND / OR CITY BUSINESS TAX RECEIPT MAY ALSO BE REQUIRED. 646401 BUSINESS: NAME:/. MCM 1429 S 331.35. MIAMI OWNER MUNILLA CONSTR,UCTI ec;Type:of.Business .' 19'6'.: GENER' THIS . IS ONLY P LOCAL' BUSINESS TAX, RECEIPT.: DOES NOT ' PERMIT': TH HOLDER TO VIOLATE, ANY EXISTING REGULATORY OR ZONING;. LAWS ":OF THE COUNTY' OR CITIES, NOR.. DOES ' rr :EXEMPT THE ` HOLDER FROM' ANY OTHER PERMIT . 'OR UCENSE REQUIRED BY •LAW. THIS. IS NOT A CERTIFICATION OF ;THE HOLDER'S. OItAUFJCA- MRS:' PAYMENT: RECEIVED MIAMI-DADE'COUN7Y TAX :LECTOR: 07.114/2010 6.0040001079 0000'451. 00. SEE OTHER SIDE THJS I NOT A B .. — DQ NOT PAY RE .E41A RECEIPT N4.. T'ATE# .CGC1:513804 RKER DO NOT FORWARD MCM JORGE MUNILLA 6201 SW 70 ST 2 FL MIAMI FL 33143 } `lirl9 II FIRST-CLASS: U.S. POSTAGE PAID= MIAMI,FL PERMIT NO: 231 SEE 0; ER DO NOT FORWA RE E MUNI LLA 6201 SW 70 ST 2' FL MI MT FL 33143 TRANSFE.q.OF B NESS/OWNER NEW au-SINSKiAME (PLEASE PRINT) . • • PURCHASER NAME (PLEASE PRINT) PURCHASERSIGNATURE SELLER NAME (PLEASE PRI INFORMATION REGARDING YOUR LOCAL BUSINESS TAX RECEIPT THE TAX COLLECTOR MUST BE NOTIFIED IN WRITING IF THERE IS A CHANGE OF OWNERSHIP, BUSINESS LOCATION, TRADE NAME OR ANY OTHER CHANGE FROM THAT WHICH IS SFIOWN ON THIS RECEIPT. CALL (305) 270-4949. IF RECEIPT IS LOST OR DESTROYED ONLY ONE (1) DUPLICATE RECEIPT MI BE ISSUED, LOCAL BUSINESS TAXES ARE SUBJECT TO CHANGE ACCORDING TO LAW, VISIT WWW.MIAMIDADE.GOV ITY BUSINESS TAX RECEIPT MAY ALSO BE REQUIRED, EXHIBIT C Local Business Tax receipt 2011-2012; Business location: 6201 SW 70th • Street, South Miami, Florida 33143 and check dated January 6, 2012 for said taxes 646401-0 BURNS NAME I LOCATION 6201 SW 70 ST 2 FL 33143 SOUTH MIAMI THIS IS NOT A BILL - OWNER MUNILLA CONSTRUCTION MAN+G LLC Sec. T of Business g6 BUILDING CONTRACTOR THIS IS ONLY A LOCAL BUSINESS TAX RECEIPT. IT DOES NOT PERMIT THE HOLDER TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES IT EXEMPT THE HOLDER FROM ANY OTHER PERMIT OR LICENSE REQUIRED BY LAW. THIS IS NOT A CERTIFICATION OF THE HOLDER'S QUALIFICA- TIONS. PAYMENT RECEIVED MIAMI-DADE COUNTY TAX COLLECTOR: 08109/2012 60030000201 000045.00 SEE OTHER SIDE FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 DO NOT PAY RENEWAL RECEPTNO. 673277-1 STATE# CGC1513804 WORKER/S 10 DO NOT FORWARD MCM JORGE MUNILLA 6201 SW 70 ST 2 FL MIAMI FL 33143 11i1111111 Iv ►NER. L. .Type• o LY^11: 8LISINESSTAX RECEIPT: DOES:`,: N©T''"PERMIT' TF1E`. HOLIER`: TO. ',WO LAi'E";ANY. • EXISTING REGULMTORY,OR ZONING, LAWS, ?•COUNTY'.::OR" CITIES.:NOR. ;..THE''. :THE ;PERM,ITLD HOER;:FROM-ANY OTHER. •:::LICENSE REQUIRED,:: BY; LAW::, THIS IS::. NOT A: :CERTIFICATION ' OF • THE ;HOLDER'S::OUALIFICA_ IIO ;PAYMENT!RECEIVED :MIAMFDADE°CO, UNTY,TAX ;'.COLLLECTOR SEE OTHER SIDE DO NOT FORWARD M C M JORGE MUNILLA PRES 6201 SW 70 ST 2FL SOUTH MIAMI FL 33143 AT THIS S:onty:.•.f.A:7'LOCAL OtiSINES.S..'!1%)(RECEIPt 1TDOES NOT. PERMIT THE 11,01.X1EIT:tCY",,YEOLATETANY'.: CGUNT? OR crflES. NOR. •DOES . IT .EXEMPT THE : H.OLOEIrirtiONANrOTHER' ".;.REOLIIRED THEJOLIIEWS'r0.11AUFIC*. • MIAM4ADC�ONTY TAX COLLECTOR • r•' • SEE OTFIER SIDE DO NOT FORWARD MCM JORGE MUNILLA PRES 6201 SW 70 ST 2FL. SOUTH MIAMI FL 35143 113111 iim EXHIBIT C Email from Alexis Leal forwarding the email dated December 4, 2012 from Kenneth Robertson FXHIBIT D CASE LAW Fla. AGO 92-83, 1992 WL 527491 (Fla.A.G) Westlav Fla. AGO 92-83, 1992 WL 527491 (F1a.A.G.) Fla. AGO 92-83, 1992 WL 527491 (FIa.A.G.) Office of the Attorney General State of Florida AGO 92-83 November 9, 1992 Page 1 Re: COUNTIES —LOCAL GO T—OCCUPATIONAL LICENSE FEES-- PROFESSIONAL REGULA- TION, DEPARTMENT OF —county not prohibited from imposing occupational license fee on business regulated by Department of Professional Regulation located within its jurisdiction even though municipality has also imposed such a tax. 5. 205.065. F,S.(1992 Supp.). The Honorable Murray A. Bronson Tax Collector Osceola County Post Office Box 422105 Kissimmee, Florida 34742 Dear Mr. Bronson: In your capacity as the occupational license tax collector, you ask the following question: Does s. 205.065. F.S. (1992 Supp.), prohibit a county .fromievying an occupational license tax on a business regulated by the Department of Professional Regulation when the business maintains its permanent business lo- cation or branch office in a municipality located within the county and has paid its municipal occupational license tax for the year? In sum: Section 205.065. F.S. (1992 Supp.), does not prohibit a county from imposing an occupational license tax on a business regulated by the Department of Professional Regulation when the business has a permanent business location or branch office in a municipality located within the county even though the business has paid an oc- cupational license tax to the municipality for that tax year. Counties are authorized to levy, by appropriate resolution or ordinance, an occupational license tax for the privilege of engaging in or managing any business, profession, or occupation within iln jurisdiction. fFN11 During the 1992 leg- islative session, however, the Legislature enacted s. 205,065. F.S. (1992 Supp.), which limits the authority of local governments to impose such occupational license taxes. 1-FN21 The statute provides: If any person engaging in or managing a business, profession, or occupation regulated by the Department of Professional Regulation has paid an occupational license tax for the current year to the county or municipality in e state where his permanent business location or branch office is maintained, no other local governing authority may levy an occupational license tax, or any registration or regulatory fee equivalent to the occupational license 0 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Fla. AGO 92-83, 1992 WL 527491 (Fla.A.G.) Page 2 tax, on him far performing work or services on a temporary or transitory basis in another municipality or county. In no event shall any work or services performed in a place other than the county or municipality where the permanent business location or branch office is maintained be construed as creating a separate business location or branch office of that person for the purposes of this chapter. The above statute clearly prohibits a county or municipality from levying an occupational license tax on a business regulated by the Department of Professional Regulation (DPR) if 1) the permanent business location or a branch office is not maintained in that city or county, and *2 2) the business has paid an occupational license tax for tbe current year to another county or municipality where its permanent business location or branch office is maintained_ This office recently stated in AGO 92-74 that a municipality, therefore, may not impose an occupational license tax on a business regulated by DPR if the business engages in work within the municipality but does not establish a per- manent business location or branch office within the municipality and if the business has paid for the current year an occupational license tax to another municipality or county where its permanent business location or branch office is located. An examination of the legislative history surrounding the enactment of the statute indicates that the intent of the Legislature was to "prohibit local jurisdictions from requiring an occupational license of any business regulated by the Department of Professional Regulation, except in cases where there is a business location established within their juriscliction.TN33Section 720 5a 065 • S-nthertafare; Prtahibits pouraY:or municipality from inipiSiiiiiiiii'fioafPatiOnalaass lieenaeataxitthe-DPRare galeted'binsiness has alreadyp-ostibi Ta-d-ciipatiOnarli6eiriet4fer the current year and 'abeam:KT:3 hasad'aHarient business location or branch office located insuelncountYsoraiW§iPalitSr: Nothing in the statute, however, precludes a county from imposing an occupational license tax on a DPR regulated business which has its permanent business location or branch office ba such county or municipality merely because another county or municipality also has imposed an occupational license tax on such business which has an office within such county or municipality. As you note, businesses located within a municipality have historically been subject to both municipal and county occupational license taxes. fFN4)Section 205.033(4) and (5). F.S., in estab- lishing the conditions for imposing county occupational license taxes, provides for the distribution of a portion of the county's tax to the municipalities located therein. A business resident within a municipality is also a resident within the county in which the municipality is located. I find nothing in either an examination of the statute or its legislative history which indicates that the statute would preclude a county from imposing an occupational license tax on a DPR regulated business which has an office within its boundaries simply because the business is located within a municipality within the county as opposed to the un- incorporated areas of the county. As this office stated in AGO 92-74, the prohibition contained in a. 205.065 F.S. (1992 Supp.), "would not prevent a municipality or county from imposing an occupational license tax if the person maintained a permanent or branch office in such jurisdiction even though the person may have paid an occupational license tax to another county or municipality where a permanent or branch office was located." *3 Accordingly, I am of the opinion that s. 205.065. F.S. (1992 Supp.), does not prohibit a county from imposing an occupational license tax on a business regulated by the Department of Professional Regulation when the business has a permanent business location or branch office in a municipality located within the county even though the business has paid an occupational license tax to the municipality for that tax year. Sincerely, Robert A. Butterworth Attorney General C 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Fla. AGO 92-83, 1992 WL 527491 (Fla.A.G.) IFNUSection 205.032. F.S. And see, s. 205.033. F.S., setting forth the conditions for such a levy. Compare, 205 .043, F.S., regarding the levy of an occupational License tax by municipalities. fFN21 See, s. 32, Ch. 92-203, Laws of Florida. IFN31 See, Final Bill Analysis and Economic Impact Statement of the Florida House of Representative Committee on Regulatory Reform on HB 2341 (enacted as Ch. 92-203, Laws of Florida). And see, Final Bill Analysis and Economic Impact Statement for CS/HB 1731 (which contained language identical to that passed in s. 32, Ch. 92-203, Laws of Florida), Florida House of Representatives Committee on Regulatory Reform, dated April 15, 1992, stating: The bill prohibits any local governing authority from levying an occupational tax or an equivalent registration or regulatory fee on a person engaging in a business or profession licensed by the Department of Professional Regulation. The prohibition applies only if tbe person has paid an occupational license tax and only if no per- manent business location or a branch office is located within the jurisdiction. FFN41 See, AGO 72-291. Fla. AGO 92-83, 1992 WL 527491 (F1a.A.G.) END OF DOCUMENT 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. West law, Fla. AGO 92-74, 1992 WL 527484 (FlaA,G.) Page 1 c Fla. AGO 92-74, 1992 WL 527484 (F1a.A.G.) Office of the Attorney General State of Florida AGO 92-74 October 15, 1992 Re: MUNICIPALITIES —COUNTIES —LOCAL GOVERNMENT —OCCUPATIONAL LICENSE FEES— PRO- FESSIONAL REGULATION, DEPARTMENT OF —city authority to impose occupational license fee on business regulated by Department of Professional Regulation limited.s. 205.065. F.S. (1992 Supp.). The Honorable Richard H. Jette Mayor Village of Palm Springs Mr. Patrick D. Miller Manager Village of Palm Springs 226 Cypress Lane Palm Springs, Florida 33461 Dear Mayor Jette and Mr. Miller You ask on behalf of the Village of Palm Springs substantially the following question: In light of the passage of s. 32, Ch. 92-203, Laws of Florida, is the Village of Palm Springs prohibited from imposing an occupational license tax on businesses licensed by the Department of Professional Regulation? In sum: The Village of Palm Springs may not impose an occupational license tax on a business licensed by the Depart- ment of Professional Regulation if the business engages in work within the Village but does not establish a permanent business location or branch office in the Village and if the business has paid an occupational license tax to another municipality or county where its permanent business location or branch office is located for the current year. According to your letter, the enactment of s. 205.065, F.S. (1992 Supp.), during the 1992 legislative session has caused confusion end various interpretations by governmental agencies within Palm Beach County. Section 205,042, F.S., authorizes municipalities to impose en occupational license tax on: (1) Any person who maintains a permanent business location or branch office within said municipality, for tbe 2012 Thomson Reuters. No Claim to Orig. US Gov. Works, Fla. AGO 92-74, 1992 WL 527484 (FlanA.G.) Page 2 privilege of engaging in or managing any business within its jurisdiction. (2) Any person who maintains a permanent business location or branch office within said municipality, for the privilege of engaging in or managing any profession or occupation within its jurisdiction. (3) Any person who does not qualify under the provisions of subsection (1) or subsection (2) and who transacts any business or engages in any occupation or profession in interstate commerce, if such license tax is not pro- hibited by s. 8 of Art. I of the United States Constitution, JFN11 Section 32, Ch. 92-203, Laws of Florida, creates s. 205.065, F.S. (1992 Sapp.), which limits the authority of a mu- nicipality (and a county) to impose occupational license taxes, by providing: If any person engaging in or managing a business, profession, or occupation regulated by the Department of Professional Regulation has paid an occupational license tax for the current year to the county or municipality in the state where his permanent business location or branch office is maintained, no other local governing, authority may levy an occupational license tax, or any registration or regulatory fee equivalent to the occupational license tax, on him for performing work or services on a temporary or transitory basis in another municipality or county. In no event shall any work or services performed in a place other than the county or municipality where the permanent business location or branch office is maintained be construed as creating a separate business location or -branch office of that person for the purposes of this chapter. *2 It is a basic rule in statutory construction that the words used in the statute are to be given their plain meaning. FFN21 The above statute clearly prohibits a comity or municipality from levying an occupational license tax on a business regulated by the Department of Professional Regulation (DPR) if: 1) the permanent business location or a branch office is not maintained in that city or county, and 2) the business has paid an occupational license tax for the current year to another county or municipality where its permanent business location or branch office is maintained. A county or municipality may not avoid the statute's prohibition by calling the fee another name such as a registration or regulatory fee. If the fee is in the nature of or equivalent to an occupational license fee, the provisions of s. 205.065, F.S. (1992 Supp.), are applicable regardless of the name given to such a fee. An examination of thelegislative history surrounding the enactment of the statute supports such an 'interpretation. Such records indicate that, prior to the enactment of s, 205.055, F.S. (1992 Supp.), some municipalities were imposing a registration or regulatory fee on persons who did not maintain their business location or a branch office within the municipality. fFN31 The enactment of s. 205.065, F.S. (1992 Supp.), was to "prohibit local jurisdictions from re- quiring an occupational license of any business regulated by the Department of Professional Regulation, except in cases where there is a business location established within their jurlsdiction.''fFN4-1 Thus, if a DPR licensee has paid an occupational license tax to the county or municipality where he maintains a permanent business office or a branch office and he engages in work in another city or county without establishing a permanent or branch office in such jurisdiction, that city or county may not collect an occupational license tax from the DPR licensee for that taxable year. The prohibition, under the plain language of. 205.065. F.S. (1992 Supp.), would apply to municipalities, whether within the same county or different counties, as well as between cotmties. The prohibition, however, would not prevent a municipality or county from imposing an occupational license tax if the person maintained a permanent or branch office in such jurisdiction even though the person may have paid an occu- pational license tax to another county or municipality where a permanent or branch office was located. Nor does the prohibition, by its own terms, apply to persons not regulated by DPR, Therefore, I am of the opinion that the Village of Palrn Springs may not impose an occupational license tax on a business licensed by the Department of Professional Regulation if the business engages in work within the Village but does not establish a permanent business location or branch office in the Village and if the business has paid an oc- cupational license tax to another municipality or county where its permanent business location or branch office is located for the current year. © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Fla_ AGO 92-74, 1992 WL 527484 (F1a.A.G.) Page 3 Sincerely, *3 Robert A. Butterworth Attorney General fFN1) Cf., ss. 205.032 and 205.033. F.S., regarcling the levy of occupational license taxe,s by counties. fFN21 See, In re Qrder on Prosecution of Criminal Appeals by Tenth Judicial Circuit Public Defender. 561 So2d 1130 19901 (in interpreting statutes, best evidence of legislative intent is generally the plain meaning of the statute); Powell v, State, 508 So.2d 1307 (1 D.C.A. Fla., 1987), review denied, 518 So.2d 1277 (Fla. 19871 (unless otherwise defined or limited by manifest legislative intent, statutory ]anguage is to be given its plain and ordinary meaning). TFN31 See, Final Bill Analysis and Economic Impact Statement on CS/RS 1731 (which contained language identical to that passed in s. 32, Ch. 92-203, Laws of Florida), Florida House of Representatives Committee on Regulatory Reform, dated April 15, 1992. fFN41 See, Final BM Analysis and Economic Impact Statement of the Florida House of Representative Committee on Regulatory Reform on HB 2341 (enacted as Ch. 92-203, Laws of Florida). And see, Final Bill Analysis and Economic Impact Statement for CS/HB 1731, Florida House of Representatives Committee on Regulatory Reform, supra: The bill prohibits any local governing authority from levying an occupational tax or an equivalent registration or regulatory fee on a person engaging in a business or profession licensed by the Department of Professional Regulation. The prohibition applies only if the person has paid an occupational license tax and only if no per- manent business location or a branch office is located within the jurisdiction. FIa. AGO 92-74, 1992 WL 527484 (Fla.A.G,) END OF DOCUMENT © 2012 Thomson Reuters. No Claim to Orig. US Gov, Works. W6a1.vv. Fla. AGO 93-19, 1993 W3, 361719 (Fla.A.G.) Fla. AGO 93-19, 1993 WL 361719 (F1a.A.G.) Office of the Attorney General State of Florida AGO 93-19 March 10, 1993 Page 1 Re: MUNICIPALITIES —LICENSES —OCCUPATIONAL LICENSES-- DEPARTMENT OF PROFESSIONAL REGULATION —authority of municipality to require occupational licenses for those regulated by Department of. Professional Regulation.s. 205,065, F.S. (1992 Supp.). Mr, Richard V, Neill, Jr. City Attorney Town of St. Lucie Village Post Office Box 1270 Fort Pierce, Florida 34954 Dear Mr, Neill: You have asked for my opinion on the following question: Is the Town of St. Lucie Village authorized to impose an occupational license tax or other equivalent regulatory fee on registered contractors in light of the provisions of s. 205.065. F.S, (1992 Supp.)? In sum: Registered contractors are "reg-ulated" within the scope of a. 205.065, F.S. (1992 Supp.). A municipality may, therefore, only impose an occupational license tax on such contractors who have a permanent business location within the municipality and who have not been assessed and paid such a tax in the county in which the munici- pality is located, Section 205.065. F.S. (1992 Supp.), provides, in part, as follows: If any person engaging in or managing a business, profession, or occupation regulated by the Department of Professional Regulation has paid an occupational license tax for the current year to the county or municipality in the state where his permanent business location or branch office is maintained, no other local governing authority may levy an occupational license tax, or any registration or regulatory fee equivalent to the occupational license tax, on him for performing work or services on a temporary or transitory basis in another municipality or county. You state you are concerned that if a registered contactor is considered to be "regulated" by the Department of Pro- fessional Regulation, the Town of St. Lucie Village would be prohibited by s. 205.065. F.S. (1992 Supp.), from - posing an occupational license tax or other equivalent regulatory fee on this group of contractors. You ask, therefore, whether registered contractors are "regulated" within the scope of s. 205.065, F.S. (1992 Supp.). 2012 Thomson Renters. No Claim to Orig. US Gov. Works. Fla. AGO 93-19, 1993 WL 361719 (FlaA.G.) Page 2 Initially, I would point out that this statute requires only that the municipality refrain from imposing an occupational license tax on a regulated contractor who: 1) works within the jurisdictional boundaries of the town but has no per- manent business location or branch office there or 2) has paid an occupational license tax for the current year to an- other jurisdiction where he or she has a permanent business location. EFN11 If a "regulated" contractor does not meet either of these requirements, he or she is still liable for payment of an occupational license tax by the Town of St. Lucie Village. The statute is directed at eliminating the imposition of an occupational license tax on transitory business activity, No definition of the term "regulated" is contained in 3. 205,065. F.S. (1992 Supp.). In the absence of any legislative determination of the meaning of the word, it should be understood in its plain and ordinary sense. jFN21 The Supreme Court of Florida has itself utilized the dictionary definition of the term "regulate," Le., "to direct by rule or re- striction." ITN31 In a later case, the Court stated that the word "regulate" means "to adjust, order or govern by rule, method, or established mode; to direct or manage according to certain standards or rules." FFN41 Thus, to the extent that a registered contractor is governed and directed by rule of the Department of Professional Regulation, he or she would be regulated by the department. *2 Part I, Ch. 489, F.S. (1992 Supp.), relates to construction contracting in this state. Florida law recognizes both certified and registered contractors and no person who is not certified or registered is authorized to engage in the business of contracting in this state. rFN5] A "[c]ertified contractor" is "any contractor who possesses a certificate of competency issued by the department and who shall be allowed to contract in any jurisdiction in the state without being required to fulfill the competency re- quirements of that juriscliction."1-FN61 In contrast, a " r egistered contactor" is "any contractor who has registered with the department pursuant to fulfilling the competency requirements in the jurisdiction for which the registration is issued."[FN7] Registered contractors are only authorized to contract in the area specified in their registration, Le., a particular county or municipality. IFN81 The Construction Industry Licensing Board (the "board") is authorized to adopt rules establishing reasonable fees to be paid for applications, examination, certification and renewal, registration and renewal, and for recordmaking and recordkeeping. IFN91 These fees are "based on department estimates of the revenue required to implement these statutes and the provisions of law with respect to the regulation of the construction industry."[FN101 (e.s.) Thus, it appears that the Department of Professional Regulation considers the provisions of Part I, Ch. 489, F.S. (1992 Supp.), to be regulations imposed on the construction industry as a whole. 1-FN111 As a prerequisite to the initial issuance or renewal of either a certificate or registration, an applicant is required to submit an affidavit on a form provided by the board which attests that the applicant has "obtained public liability and property damage insurance for the safety and welfare of the public in amounts determined by rule of the board."1FN121 Registrants are required, prior to issuance ofregistration, to submit the required fee and file evidenee, in a forrn provided by the department, of holding a current local oc- cupational license issued by any municipality, county, or development district for the type of work for which registration is desired and evidence of successful compliance with the local examination and licensing require- ments, if any, in the area for which registration is desired. In addition, all contractors who are registered or certified pursuant to Part I, Ch. 489, F.S., are required to maintain complete financial and business records for the immediately preceding 3 years. These records include the minutes of corporate meetings, business contacts, telephone records, insurance policies, letters of complaint, notices received from government entities, bank statements, canceled checks, records of accounts receivable and payable, financial statements, loan documents, tax returns, and all other business and financial records maintained in. the regular course of business. TFN131 © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Fla. AGO 93-19, 1993 WL 361719 (F1a.A.G.) Page 3 *3 Pursuant to the statute, no person shall: (a) Falsely hold himself or a business organization out as a licensee, certificateholder, or regi (b) Falsely impersonate a certificateholder or registrant; (c) Present as his own the certificate or registration of another; (e) Use or attempt to use a certificate or registration which has been suspended or revoked; (f) Engage in the business or act in the capacity of a contractor or advertise himself or a business organization as available to engage in the business or act in the capacity or a contractor without being duly registered or certified[. fFNI4J Violations dais statute are classed as misdemeanors of the first degee. FFN15) Further, the board is authorized to: [R]evoke, suspend, or deny the issuance or renewal of the certificate or registration of a contractor, require fi- nancial restitution to a consumer, impose an administrative fine not to exceed 5,000, place a contractor on pro- bation, require continuing education, assess costs associated with investigation and prosecution, or reprimand or censure a contractor if the contraztor. , . is found guilty of any of the following acts: (a) Obtaining a cerfificate or registration by fraud or misrepresentation. (b) Being convicted or found guilty, regardless off adjudication, or a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting. (c) Violating chapter 455 (relating to the regulation of professions). (d) Willfully or deliberately disregarding and violating the applicable building codes or laws of the state or of any municipalities or counties thereof, (e) Performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificateholder or registrant lcnows or has reasonable grounds to know that the person or entity was uncertified and unregistered.. .. fFN16-1 ln light of these legislative provisions and the administrative rules promulgated by the board to implement them, it is clear that a regulatory scheme is in place which is applicable to both registered and certified contractors and governs their conduct. Thus, registered contractors are "regulated" within the scope of s. 205.065. F.S. (1992 Supp.). Therefore, it is ray opinion diat the authority of the Town of St. Lucie Village to impose an. occupational license tax on registered contractors is limited by s, 205.065, F.S. (1992 Supp.). Sincerely, Robert A. Butterworth Attorney General [FNI1 Cf., AGO 92-74 (a municipality may not impose an occupational license tax on a business licensed by the Department of Professional Regulation lithe business engages in work within the municipality but does not establish a permanent business location or branch office in the municipality and if the business has paid an occupational license tax to another municipality or county where its permanent business location or branch office is located for the current year). FFN21Pedersen v. Green. 105 So,2d 1. 4 (Fla. )95 . And see, Carson v. Miller, 370 So.2d 10 (Fla. 1979), and Phil's Yellow Taxi Co. v. Carter. 134 So.2d 230 (Fla. 19611, for the proposition that plain and ordinary language should be accorded its plain, ordinary meaning. 0 2012 Thomson Reuters. No Claim to Orig. US Gov. Works, Fla. AGO 93-19, 1993 WL 361719 (F1a.A.G.) Page 4 fFN31State ex rel. Hollywood Jockey CIub v. Stein. 182 So. 863, 867 (FIa. 19381 ("`Regulate' is defined by Webster to mean 'to direct by rule or restriction,' ....). fFN4JMakos v. Prince, 64 So.2d 670.673 (Fla. 1953). TFN5]Section 489.113(2), F.S. (1992 Supp.). rFN61Section 489,105(8). F.S. (1992 Supp.). fFN71Section 489.105(10), F.S, (1992 Supp.). rFN811d. And see, s. 489.117(2), F.S. (1992 Supp.), which states that "[r]egistration allows the registrant to engage in contacting only in the counties, municipalities, or development districts where he has complied with all local li- censing requirements and only for the type of work covered by the registration." [FN91Section 489.109(I), F.S, (1992 Supp.). fF1Nf 1.011d. fFN111 And see, s. 489.131(1), F.S. (1992 Supp.), which states that "[t]his part applies to all contractors .. , ." TFN12] Section 489.115(41. F.S. (1992 Supp.). jl'N131Section 489.124, F,S. (1992 Supp.). [FN14]Section 489.127(1), F.S. (1992 Supp.). FFN151Section 489.127(2), F.S. (1992 Supp.). fFN161Section 489.129(1), F.S. (1992 Supp.). Fla. AGO 93-19, 1993 WL 361719 (Fla.A.G.) END OF DOCUMENT © 2012 Thomson Reuters. No C1Rim to Orig. US Gov. Works. EXHIBIT E Florida License Search as of 12/05/12 showing MCM s license as "current active" te/orti ucenstng rum' - License aearcn 3:43:15 PM 12/5/2012 Data Contained In Search Results Is Current As Of 12/05/2012 03:41 PM. Search Results Please see our glossary of terms for an explanation of the license status shown in these search results. For additional information, Including any complaints or discipline, click on the name. License Type Construction Business Information Name Mt1NILLA CONSTRUCTION MANAGEMENT CORP Name License Type Number/ Status/Expires Rank Primary Business Current, Active Info License Location Address*: 5846 SW 81ST ST MIAMI, FL 33143 Main Address*: 6201 SW 70 ST 2ND FLOOR MIAMI, FL 33143 Construction Business Information MUNILLA CONSTRUCTION MANAGEMENT LLC Primary Business Current, Active Info Main Address*: 6201 SW 70TH STREET 2 FLOOR MIAMI, FL 33143 * denotes Main Address - This address is the Primary Address onrfile. Mailing Address, - This is the address where the mall associated with a particular license will be sent (If different from the Main or License Location addresses). License Location Address - This Is the address where the place of business Is physically located. 1940 North Monroe Street, Tallahassee F1-32399 :; Email: Customer Contact Center :; Customer Contact Center: 850.487,1395 The State of Florida Is an AA/EEO employer. Con/right 2007-2010 State of Florida. Privacy Statement under Florida law, email addresses are public records. If you do riot want your email address released in response to a public -records request, do not send electronic mall to thls entity. Instead, contact the office by phone or by traditional mall. If you have any questions, please contact 650.407.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter455, F.S, must provide the Department with an email address if they have one. The emaiis provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our Chapter455 page to determine If you are affected by this change. hitps!/www.myfloddallcense.comlw111.asp?mode=2&search=Name&S1D=&brd=&typ= 1/1 Robertson, Kenneth From: barbihernandez@gmail.com on behalf of Barbi Hernandez [barbi@aablawfirm.corn] Sent: - Tuesday, December 11, 2012 3:55 PM To: Robertson, Kenneth; J. Alfredo Armas Cc: Daniel Munilia Subject: PROTEST - Museum Park Baywalk & Promenade Phase II and III Project No.: ITB 11-12-027 Attachments: 2012 12 11 Protest.pdf; 2012 12 11 Exhibits to Protest.pdf Mr. Robertson, Please see attached. Original and check is on its way to your office through courier. Thank you. Barbi Hernandez -Garcia Asst. to J. Alfredo Armas Armas and Borron, LLP 4960 SW 72nd Avenue Suite 206 Miami, Florida 33155 (305) 661-2021 (305) 661-2324 fax CONFIDENTIALITY NOTICE: This e-mail transmission may contain legally privileged and/or confidential information. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distribution, or copying of this e-mail message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this e-mail message from your computer. ATTACHMENT 2 MICHAEL P. PETERSON ALEJANDRO ESPINO* JOSE I. BALDOR 'Board Certified in Construcfion Law Mr. Kenneth Robertson Chief Procurement Officer City of Miami 444 SW 1st Ave., 6th Floor -<4= Miami, FL 33130 Re: Munilla Construction Management, LLC's Supplement to itgWrittgzo Piest Museum Park Baywalk and Promenade Phase I and II ProjectNo.: ITB 11-12-027 rn PETERSON & ESPINO, P.A. ATTORNEYS AT LAW 10631 Southwest 88th Street • Suite 220 Miami, Florida 33176 Tel. (305) 270-3773 • Fax (305) 275-7410 December 13, 2012 DANIEL I. HALLEY, P.E. DANIEL F. MUNTLLA MATTHEW MARANGES CESAR X. DELGADO Dear Mr. Robertson: VIA HAND DELIVERY CC) C2 r'i rn CD rn Munilla Construction Management, LLC d/b/a MCM ("MCM") hereby supplements its protest to the City of Miami's (the "City") recommendation not to award the subject Project to MCM and the City 's recommendation or decision rescinding its Best and Final Offer letter issued to MCM dated September 5, 2012. MCM relies on, and specifically incorporates in this response, (1) its response to FHP's Written Protest dated November 6, 2012, (2) Mr. Daniel Munilla's letter, dated December 5, 2012, requesting that MR. Robertson retract his determination, (3) Mr. J. Alfredo Armas' letter, dated December 6, 2012, providing the City with notice of MCM's intent to file a written protest, and (4) the Protest MCM submitted on December 11, 2012 which was prepared by Mr. J. Alfredo Armas and is dated December 6, 2012. As described below, MCM's conduct and operations at the 1429 SW 1 Street, Miami FL 33135 (the "Premises") were legal and done in accordance with all applicable zoning and licensing laws for a minimum of six months prior to the date of the bid. 1. Background: On or about September 5, 2012 the City's staff determined that FHP Tectonics, Corp.'s ("FHP") and MCM's bids were responsive, that MCM maintained a local office as defined by City Code Section 18-73 and that MCM's bid was within fifteen percent (15%) of FHP's low bid. Accordingly, in accordance with Section 18-85(a) of the City's Code, the City requested that FHP and MCM submit best and final bids for the Project. MCM, of the two, submitted the lower bid providing the City with an additional savings of over $124,000 and the City's staff recommended award of the contract to MCM. Thereafter, FHP protested the City's recommendation to award the contract to MCM arguing that MCM cannot avail itself of the Local Preference benefits because MCM: (1) does not perform a portion of its operations in the City of Miami, and (2) has not operated legally pursuant to all applicable zoning and licensing laws for a minimum of six (6) months. On December 5th and 6th, the City's Chief Procurement December 13, 2012 MCM's Supplement to its Written Protest Page 2 of 3 Officer made a finding that the local preference did not apply to MCM because it was not compliant with Chapter 8A, Article IX, of the Miami -Dade County Code of Ordinance because MCM's Miami -Dade County License for the Premises was not "effective" for the six months immediately preceding the bid. II. The applicable City code: City Code Section 18-71, provides that the purpose of the procurement code: is to prescribe the manner in which the city shall control the purchase of materials, supplies, equipment and services of the city, and to maintain a high ethical standard for all officers and employees of the city in connection therewith; to place city's purchasing function in a centralized system in which the city will be able to establish policies and procedures governing all purchases and contracts; to provide for the fair and equitable treatment [emphasis added] of all persons doing business with the city; to maximize the purchasing value of public funds in procurement and to provide safeguards for maintaining a procurement system of quality and integrity. Section 18-85(a) of the City Code grants bidders who maintain a local office a "Local Preference", as defined in the City Code Section 18-73, with the opportunity to submit a best and final offer when their initial bid is within fifteen percent (15%) of the price submitted by a non - local bidder. Section 18-73 of the City of Miami Code defines a "local office" as follows: Local office means a business which conducts all or a portion of its operations from a permanent structure that is located within the corporate limits of the city, and has operated legally pursuant to all applicable zoning and licensing laws for a minimum of six months prior to the date bids or proposals were received for the purchase or contract at issue. A post office box shall not be sufficient to constitute a local office within the city. If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than one year, have been in effect for no less than six months prior to date bid or proposal was received, and be available for review and approval by the chief procurement officer or its designee. IH. MCM's Business Tax License History for the Premises and its Main Office in South Miami. From the date of its incorporation in 1983, at a time when MCM had its only office at 1401 SW lst Street, City of Miami, Florida, through today, MCM has conducted all or a portion of its operations from its offices in the City of Miami. In particular, for the past four (4) years, MCM has performed a portion of its operations, from the Premises. Moreover, in connection with the Premises, for the past three years MCM has made all requisite payments for its City Tax License and County Tax License. As evidence thereof, enclosed find the following: December 13, 2012 MCM's Supplement to its Written Protest Page 3 of 3 • A copy of MCM's City Business Tax Licenses for the Premises for the past three years as Composite Exhibit "A"; • A copy of MCM's County Business Tax Licenses for the Premises for the past four years, along with a copy of MCM's Payment history for same, as Composite Exhibit "B"; and • A copy of MCM's County Business Tax Licenses for its main office for the past four years, along with a copy of MCM's payment history for same, as Composite Exhibit "C". On December 4, 2012, after MCM received an email from the City advising that no records of a Miami -Dade County Business Tax License existed for the Premises, MCM's Staff went to the County to purchase same, and purchased Miami -Dade Business Tax License Account No. 707499 which was effective from May 2009 through September 2013. In connection with said license, MCM was required to pay a penalty of $11.25 for services conducted between October 1, 2012 and December 4, 2012. No penalty was issue or paid in connection with services rendered at the Premises between May 2009 and September 2012. For your reference, documents evidencing MCM's Miami -Dade Business Tax License for Account No. 707499, and payment therefore is attached hereto as Composite Exhibit "D". Moreover, the County, after a review of MCM's records, and making a determination that MCM was erroneously paying for two licenses for one location, has transferred MCM's original license for the Premises back to the Premises, and is in the process of refunding all monies paid in connection with Miami -Dade Business Tax License Account No. 707499 for operations performed at the Premises from May 2009 through September 2012 for license No. 707499 because MCM was conducting its operations legally and in accordance with all licensing laws. See Ex. "B". IV. CONCLUSION MCM requests that the City reconsider and overturn its recommendation not to award the subject Project to MCM and the City's recommendation or decision rescinding its Best and Final Offer letter issued to MCM dated September 5, 2012. Moreover, MCM respectfully requests that the City recommend the award of the Project to MCM. Please feel free to contact me at your earliest convenience to discuss these matters. Thanking you in advance for your consideration and looking forward to the expedient resolution of this matter. Sincerel Daniel F. Munilla Peterson & Espino, P.A. Please note that this Business Tax Receipt expires on September 30th of the effective year listed herein. Ensuring renewal by October 1st Is the responsibility of the business entity. For further information you may call: (305) 416-1570 or (305) 416-1918. Favor de tomar nota que este Recibibo de Impuesto para Negocio se vence el 30 de Septiembre de ario indicado. Asegurar la renovacion para el 1ro de Octubre es la responsabilidad del negocio. Para mas information puede Ilamar al: (305) 416-1570 o (305) 416-1918. Souple pran not ke Resi Enpo pou Biznis-sa ap exspire 30 Septan-m ane sa men-m nan lis la. Se responsablite dirijan Biznis sa pou li renouvle-I Pwemie Oktob kap vini. Si ou bezwen plis enfornasiyon sou zafe sa , pa bliye rel 416-1570 ou byen (305) 416-1918. N V 2 Pleas at this Business Tax Receipt expires on September 30th of the d heroin. 'Ensuring renewal by October 1'a is the responsibility of s u ntity. For further information you may call: (305) 416-1570 or (305) 416-1 Favor de tomar note que este Recibibo de Impuesto para Negocio se vence el 30 de Septiembre de ono Indicado. Asegurar Ia renovaclon pars el 'fro de Octubre es Ia responsabilidad del negocio. Para mss lnformacion puede liamar al: (305) 416-1570 o (305) 416-1918. Souple pran not ke Rest Enpo. you Eliznis-sa ap exspire 30 Septan-m age sa men -in nan lis la. Se responsablite dirljan Siznis sa you II renouvlie-1 Pwemle Oktob kap vini. Si ou bezwen plis enfbmasiyon sou .sa,-pa biiye-rer an {305) 416-1570 ou byen (305) 416-1918. Please note that this Business Tax Receipt expires on September 30th of the effective year listed herein. Ensuring renewal by October 1st is the responsibility of the business entity. For further information you may call: (305) 416-1570 or (305) 416-1918. Favor de tomar nota que este Recibibo de Impuesto para Negocio se vence el 30 de Septiembre de atio indicado. Asegurar la renovacion para el 1ro de Octubre es la responsabilidad del negocio. Para mas informacion puede Ilamar al: (305) 416-1570 o (305) 416-1918. Souple pran not ke Resi Enpo pou Biznis-sa ap exspire 30 Septan-m ane sa men-m nan lis la. Se responsablite dirijan Biznis sa pou 11 renouvle-I Pwemie Oktob kap vini. Si ou bezwen plis enfomasiyon sou zafe sa , pa bliye rele nan (305) 416-1570 ou byen (305) 416-1918. DO NOT FORWARD MCM JORGE MUNILLA 6201 SW 70 ST 2 FL MIAMI FL 33143 SEE OTHERSIDE INT) • TRANSFER QF BUSINESS/OWNER INFORMATION REGARDING YOUR II. • • • A ; NEW BUSWAS NAME (PLEASE PRINT) PURCHASER NAME (PLEASE PR NT PURCHASER SIGNATURE SELLER NAME (PLEASE P SELLER SIGNAT F USE AN LOCAL BUSINESS TAX RECEIPT THE TAX COLLECTOR MUST BE NOTIFIED IN WRITING IF THERE IS A CHANGE OF OWNERSHIP, BUSINESS LOCATION, TRADE NAME OR ANY OTHER CHANGE FROM THAT WHICH IS SHOWN ON THIS RECEIPT, CALL (305)270-4949, IF RECEIPT IS LOST OR DESTROYED ONLY ONE (1) DUPLICATE RECEIPT WILL BE ISSUED. LOCAL BUSINESS TAXES ARE SUBJECT TO CHANGE ACCORDING TO LAW. VISIT WW‘N.MIAMIDADE.GOV ITY BUSINESSTAX RECEIPT MAY ALSO BE REQUIRED. BUSINES L LOCA OUSINESS TAX RECEIPT. 1 DOES NOT PERMIT Th HOLDER ,TO ViOLATE AN :FCCIIS""ENING ULATO'CF1 COUNTY OR CIT1ES. pI SETHIS IS C TIOWOF QUALtFJCA- SEE OTHER SIDE RECEIPT STATE* CGC15 DO NOT FORWARD MCM JORGE MUNILLA 6201 SW 70 ST 2 FL MIAMI FL 33143 If NE PERM1T NO 646401-0 BUM ESNAME / LOCATION 1429 SW 1 ST 33135 MIAMI THIS IS NOT A B- DO NOT PAY STATEY OWNER MUNILLA CONSTRUCTION MANG LLC SeciTyge o g THIS IS ONLY A LOCAL BUSINESS TAX RECEIPT. IT DOES NOT PERMIT THE HOLDER TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES IT EXEMPT THE HOLDER FROM ANY OTHER PERMIT OR LICENSE REQUIRED BY LAW. THIS IS NOT A CERTIFICATION OF THE HOLDER'S QUALIFICA- TIONS. PAYMENT RECEIVED MIAMI-DADE COUNTY TAX COLLECTOR: 07/27/2011 60000000456 000045.00 SEE OTHER SIDE s l OWL L BUILDING CONTRACTOR WORKER/S 10 DO NOT FORWARD MCM JORGE MUNILLA 6201 SW 70 ST 2 FL MIAMI FL 33143 FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 RENEWAL 673277-1 13804 74 TRANSFER OF BUSINESS/OWNER INFORMATION REGARDING YOUR LOCAL BUSINESS TAX RECEIPT NEW BUSINESS NAME (PLEASE PRINT) PURCHASER NAME (PLEASE PAIN PURCHASER SIGNATURE SELLER NAME (PLEASE PRIiIL SELLER SIGNATURE THE TAX COLLECTOR MUST BE NOTIFIED IN WRITING IF THERE IS A CHANGE OF OWNERSHIP, BUSINESS LOCATION, TRADE NJAME OR ANY OTHER CHANGE FROM THAT WHICH IS SHOWN ON THIS RECEIPT. CALL. (305) 270-4949. IF RECEIPT IS LOST OR DESTROYED ONLY ONE (1) DUPLICATE RECEIPT WILL BE F'SUED. LOCAL BUSINESS TAXES ARE SUBJECT TO CHANCE ACGORDING TO LAW. 4'r4 , :24 WWW.MIAMIDADE.C.--.10V :11 A CERTIFICATE OF USE AND / OR CITY BUSINESS TAX RECEIPT MAY ALSO BE REQUIRED. SISSION 2 IfFlkftd tnrm{+riac Wt - PO. ❑IaIMI I Cram tB4 .141 I©I'0IJ 673277-1 ALL PAYMENTS HAVE 072711 60000000456 : 071- 7/2012 201_ FULL PAYMENT CI SPLAYED ricr•i 1429 0 6004 07/2011 07/15/2010 00 ET 45.00 07C109 02250042001 07/2010 07/02/2009 VENT FULL PAYMENT 0 45.0C IUN E%1R403 Enterprise THERE A. E PA / -J227 0113001 )12 00/10/20 4,50 PULL PAYT:`crfl 4.S) To SW 1 ST -rJLL. PAYt'ErSI TH Et-1 11.1511 I / 21 f-VLL PAYI'-1Lt11 4 . 50 DO NOT FORWARD MCM JORGE MUNILLA PRES 6201 SW 70 ST 2FL SOUTH MIAMI FL 33143 SEE OTHER SIDE DO NOT FORWARD M C M JORGE MUNILLA PRES 6201 SW 70 ST 2FL SOUTH MIAMI FL 33143 11? SEE OTHER SIDE 1 11 ItemAge Document Detail Report 0 0 0 6201 SW 70 ST esOLRiccHIAMI MIAMI - DADE COUNTY - STATE OF FLORIDA APPLICATION LOCAL BUSINESS TAX 2011 -2012W&CONmEAcEPAENTEWM SEC TYPE CF BUSINESS (RENEWAL, RECEIPT 1 I49832-5 STATE 4 CGC1513204wouwr 00/0000 2FL 196 GENERAL BUILDING CONTRACTOR 33143 10 WORVER/S LIIT IINCL ECO.DEV.) O PeiffiLLA CONST MANAGEMENT I...LC 1305)541-000U O %JORGE MUNILLA PRES 6,701 $W 70 ST 2FL SCUTH MIAMI FL 33143 O MACS: mi. wr.R. 1114....14 lhat osan Ow NA•ait roe Cl#1,0411C. ..,11110.0 tit 1.1,116,11 ler tral it.YFOnsulag. S 1144. 4.0 S.C, 0 ruoqPn Amount Due: 56.25 Last Dg . Code 06 Bill Typo 0 Penalty Flag 1. 45.00 AI.400U701..t :NM:ODES-PENALTY 56.25 AN AOPITTONAL S100.00 PEUNGUENT PENALTY WILL BE ADDED AFFER JANUARY 31, 2012 ,01e011u Pay Typo Pay Year Municipallt Liens Gross At Mzsc Ant Receipt# Coll, Month fe.,,,S4417GAIINCe Zr,r, S,G- 11..% pay, TO THE oHnEn OF Amoun Accoun Check 14pmbor 091765 FRDABA 063102152 DDA Account 1000029499620 Tran Code Amount 000000562 RaceiptO 000027 LAR 1499999 00004500 000.00000 00002 MIAMI DADE TAX COLLECTOR 140 W FLAGLER 1ST FLOOR V-V21`i55-; - MIAMI, FL 33130 0 G Paid: 56. 25 00000000 0 50014.sr wmol January 6, 2012 vocii765e CDS3L021,52C/D000291,996200 91765 $......*..56,25 doliers and 25 cents EX Date: 01/16/12 Eff Date: 01/18/12 Batch Num: 6000 Document ID: 1P CAR Stu Transaction: 138 Item Num: 1 Sequence: 278 Pocket ID: 0 Batch Type: 1P S/S CAR Station: STA001 Date: 01/16/12 Eff Date: 01/16/12 Batch Num: 6000 Document ID: CAR Kill C Transaction: 138 Item Num: Sequence: 279 Pocket ID: 7 Batch Type: 1P S/S CAR Station: STA001 SESSION-2 Xing, t1r1r Ear to 1, iS 1.Nam fl,nt Oirailla11 ji 1 IUI4L.ttic1I4 149836-S 1409 6 C0000 OC.S 34 08/2010 08/17/2009 4 00 FULL P.AYMENT ALL PAYMENTS HAVE BEEN DISPLAYED m c m 6201 S. 70 ST 08150S 60000000365 081707 60020000-105 08/2009 08418i7006. FIJLL PAY;P!,1T 45.. 00 08/2COS 08120. 007 FULL PAYMENT 4S. 00 sissuo 11k 1eter prate r";"`.•"" tk ifeof 16* 2toth It* 0 GI 41 11 3 * 11"-.1 • IS mi M 1.1 S201 w 70 51 • 051712 000100,00 1 0113i2 .60,000.0002 /6 0.8/201 : OS/20/2012 01/201-Z 01/10/2012 1 110 1 . 2 P,!•,',14 ENT RILL PAYMENT 1 Mitt AK+ MORE. i,ANMEN c5. --.P.F13:- 10 VILW M tatycgtistrxdi 0:1410 6004000107.; 3)/21)11 0 C, I -IT) FULL PAYPENT 1' . 410 Page: 1 Document Name: untitled DATE: 12/04/2012 LOCAL BUSINESS TAX LBTR YEAR: 2013 OCLM0317 TIME: 14:32:58 ACCOUNT FILE MAINTENANCE ACCOUNT : 707499-0 COMM-DATE: 05 2009 ENTRY-TYPE-DTE: W 12/04/2012 BUSINESS: DELETE-ST: INSP-ID-DTE: 00/00/0000 NAME: MCM ADDR: 1429 SW 1 ST SUITE: ZIP: 33 135 MUN: 01 ZONE: 06 PHONE: ( 305 ) 541 0000 CORP / OWNER (MAILING) NAME: MUNILLA JORGE C/O: ADDR: 6201 SW 70 ST 2 FL CITY: MIAMI STATE: FL ZIP: 33143 HOME OFFICE: N OTHER INFORMATION: PP -FOLIO: 00 000000 SSN/EIN: E 592373403 BADCHK: RE -FOLIO: 01 4102 006 0920 FICTNM: LAST-TRANS-DTE: 12/04/2012 ...... • 000000 • • • • OOOOOOOOOO • • • • • • • • 0 LET RCPT SEC TYPE AMOUNT -DUE D/R PD LEGAL INSP -ID INSP -DATE HOLD-LIC X 735283-4 196 BLDG1 168.75 F1=MENU CLEAR=PREVSCREEN F4=MORERCT ENTER=RCT F9=UPD F12=PAPPL F13=PTX PG Date: 12/4/2012 Time: 2:33:47 PM rt x x XXXXXXX x* t t X* X x X X MIAMI-DADE COUNTY TAX COLLECTOR 140 W. Flagler Street Miami, Florida 33130 Please keep your receipt for future reference. Thank you and have a nice day. 12/4/2012 1300/228/001SAKENI 0203-0001 Last Seq.11:0001 WI LBT#:00 735283-4 Local Business Tax $168.75 CA CHANGE $200.00 $31.25 MIAMI-DADE COUNTY TAX COLLECTOR LOCAL BUSINESS TAX SECTION 140 W. Flagler St. - 1st Floor Miami, Florida 33130 TEMPORARY RECEIPT 2012-2013 LOCAL BUSINESS TAX Local Business Tax#:00735283-4 State/CCN:C0C1513804 Issued to: MCM Type of Business: GENERAL BUILDING CONTRACTOR THIS RECEIPT IS ISSUED AS EVIDENCE OF PAYMENT FOR YOUR LOCAL BUSINESS TAX OR PERMIT. YOUR OFFICIAL RECEIPT WILL BE MAILED TO YOU WITHIN 10 DAYS FROM THE VALIDATION DATE ON THIS RECEIPT. Payment Received as Certified Above Miami -Dade County Tax Collector 707499-0 » » : 05 2009 1429 90 1 S2 23135 < 01 © < 25 : y: . 205 541 0000 x9:ILLO JORGE < _ E2:1 80 TO ST 2 FL - RI@RI 33143 00 000000 < < <:. E 59 22,72403 91 4102 005 JJ20 1204«202 707499-0 9CM 735233-4 NEW 192 EL051 0GC=512004 05/2339 12-04.2012 GENERRL BUILDING C0NTRAET03 1429 SW 1 ST 2012 55 25 . y» 2011 56 25 2289 12z04<2012 9P ON 0000 112.50 45.30 11.25 00 .00 00 00 .00 00 160 75 00 lEe.75 ATTACHMENT 3 99703 DATE INVOICE NO. DESCRIPTION . INVOICE AMOUNT DEDUCTION BALANCE 1 0-1.1-12 CHR121112 ' MUSEUM PARK tRQTES 50c 0.00 .00 5f 00.0( . f"`:a " i k Y'' .''x.� ?.i L Y }' _ :,'L it k� y_T- -i �` g4 'L•' e f, i�-" 3 - .x �i a :`t+� �2•'s o-T'j'"4a �Y tT.. 2 i � -.S �t... . :'Ei3� ,"'Y k'va'";`"'±x; a4 `+;.'-k- '.? `�33".... 3.`--fit- .�S".€rY'�T 'x'v'"'''=£fib.-is'?l"a�G-k i+a` "' .-y""r- E.r ,.,te?:ti1's. .`"'T, 'y'?}s.Y3 r��`" .al rE 'we.,, �� E'',la''v�K ' fix" 4 4 #1` r�'�i� `�.'R�i"" �'':;x'i�y?`��se"��'tt "'+�',=�'z�'`Z2 y �-t'. `^�� $fin .Z�" f'z� .: i..-.c„ ' �'Y $�5�x•'`'E s,�i� �'`v a� � �` �+"'u ,rj.,,f 3Gi¢n Y..-i ,„y'T '44,� .Y`arF•�'.� TY' T'�. n*+T u-, ' >tl`t:- XY+n 4 •tea` '' ,}`` y .,g�i' .i '�€.-'"�*.��" ......' y i��rz"'S_-y��.s"�.''a� '4'S~[ .'- - e.'•e'r�Y`Ary ..n !.MC•�. f _ .'-a'-- -".. - ".."v. -v+".^iq.'2 =l "",,,� 'K-"zt. —.w+--- r -k ,""v.. _'is:? .`�•"v',S'� .z-z-• S . -'Y+ s ..� ,+T• j< GINAL DOCNIAENT PRINTED ON CHEMICAL REACTIVE PAPER WITH NIICROPRINTED BORDER • ATTACHMENT 4 CITY OF MIAMI OFFICE OF THE CITY CLERK BID SECURITY LIST BID ITEM: Museum Park Baywalk and Promenade, Phase II and III BID NUMBER: ITB No. 11-12-027 DATE BID OPENED: Thursday, August 23, 2012 TIME: 2:00PM BIDDER BASE BID BID BOND (ER) AMOUNT CASHIER'S CHECI. FHP Tectonic Corp. $7,742,991.07 5% Florida Construction & Engineering, Inc. 7 804,752.33 5% N&J Construction $8,028,801.25 5% MCM $8,349,457,82 5% ValleyCrest Landscape Development, Inc, $9,624,363.76 t:Ks !nliclItt-tk,,n, LT az .11r, eze :oy re.-::::z:',Z3-1, c.r.s 1.1:,:%;.." . __ ....._.- ..:_. Person Receiving Bid(s 00 (23 2012-- Today's Date PREPARED BY: on behalf Capital Improvement Prgm City Department eputy City Clerk ATTACHMENT 5 Robertson, Kenneth From: Robertson, Kenneth Sent: Friday, Novsmber3O. 2012 2:58 PM To: Robertson, Kenneth Subject: Miami -Dade County Business Tax Department Phone Call Asposted onMiami-Dade [ount/sLocal Business Tax VVebsite: h11p:/ywww.miamidade.Rov/taxooUecto[/|oca|-business-tax.asp#11 Local Business Tax Local business taxes known as vary depending omthe nature of business. Areceipt is oy4uiredforeach place ofbusiness ondforeach separate classificationot the some location. Receipts are transferable when there /sochange ofownership, business location ortrade name. -County and incorporated municipalities require Local Business Tax Receiptsfor each place of business, andfo each separate classification otthe same location [emphasis addcd]. *4business located within mmunicipality {srequired toobbm/nbmthocityrece/ptondoCountyrece/pt [emphasis added], -The County issues Local Business Tax Recei tsfbruneyeor,beginn/ngOctobur1ondexp/ringonJeptennber30 ofeach year. -The Local Business Tax Receipt must be displayed conspicuously at your place of business and in such a manner as to be open to the view of the public and subject to inspection by all duly authorized officers of the County. -The Local Business Tax office must be notified in writing regarding any changes to thefollowing: business name orownership, location, number ofemployees, equipment, nnoch/nesoronyothercont/ngency. Record Seorch@Tax Verification Information regarding current business records and related information — such oslocation, owner's name and type of business -- is available through the search methods listed. On-line record research is not yet available. � By Phone: Any person may call 305-270-4949Uzobtain information orverifvthe status ufoMiami-Dade County local business tax record. There is a limit of two records or names per call. The information provided by phone isfree of charge. However, research ufprior year records for local business tax records isnot available byphone. Please note: only two prior years are kept onrecord. On Friday, November 30, 2012, at 2:36 PM, I telephoned the Miami -Dade County Business Tax Department at 305-270- 4949. A woman by the name of Dorothy assisted me and searched for any business tax records for the following 1429SVV1Street, Miami, FL33135 She informed me that no business tax records existed for that address. She also informed me that no additional documentation was available to verify that no business tax records existed for that address. Only confirming business tax records could be provided. Her negative search was acceptable to document that no business tax records existed for 14Z9SVV1Street, Miami, FL33135. This e-mail is being sent to document the phone call and information relayed. Kenneth Robertson Directorl Chief Procurement Officer [ityofMiomi-PurchasingDcpartmcnt Miami Riverside Center 444S.VV.ZndAvenue 6thF|oor Miami, FL]313O Phone: (3CB)416'191O Fax: (3OE)416'19IS E'mai|:kmbertson(amiamiRom.com This communication may contain confide ntia I a nd/orotherwise proprietary mate ria I and is thus for use only bvthe intended ns|pie nt.|fyou received this inerror, please contact the sender and delete the e-mail and its attachments from all computers. Due tuFlorida's very broad public records law, most written communications tuu,from City ofMiami employees regarding city business are public records, available tothe public and media upon request. Therefore, this e-mail communication may besubject mpublic disclosure. 2 ATTACHMENT 6 M1A0Nl~DADE COUNTY - STATE OF FLORIDA 646401.0 BUSINESS LOCATION: 6201 SW 70 ST 2 FL c—OUTH MIAMI OWNER /CORP. MUNILLA CONSTRUCTION pnOws#: (30--,)541-0000 ,FRMn-FCm,7 MCM 8201 SW 70 GT 2 FL IAll I FL 33143 LOCAL BUSINESS TAX 2O11-2012xppuCATxOn BUS. COMMENCEMENT DATE: SEC TYPE OF BUSINESS (TRANSFER EIFT : 673277-1 STATE # CGC1513�04 O6/2009 AMOUNT 196 GENERAL. BUILDING CONTRACToR 33143 10 WORKER/8 MANG LLC �ER AMOUNT 4.50 4.5U lx�;o 20111115 AND CORRECT. 1 YOUR CURRENT RECEIPT (NOT A COPY) 20600 OOOO 006732771 00000450 OOOOOOOO ATTACHMENT 7 BUSINESS LEASE THIS LEASE, made effective the 1st day of May 2009 by and between 1429, LLC, (hereinafter called "Landlord"), and MIJNILLA CONSTRUCTION MANAGEMENT, LLC, (hereinafter called "Tenant"): 1. PREMISES: Landlord hereby lets unto Tenant and Tenant hereby leases from Landlord, subject to end pursuant to the terms and conditions hereof, the following described Premises (hereinafter referred to as the "Premises") 1429 SW VStreet - first floor. Mmi. Florida 33135, 2. USE: The Premises shall be -used for the following purposes: Tenants operations including, but not limited to administrative services and ancillary openadons. 3. TERM: This Lease shall be for a term of five years commencing on the 1 st day of May 2009 and shall terminate on the last day crf April 2014 (the 'Tenn"), 4. RENT: The agreed rent for the entire tarn of this lease shall be valuable considerations and premises mutually exchanged between the parties, the sufficiency of which is hereby acicnowledged, such consideration include but are not limited to MCM's administration, inclusive of any repairs of the rental real estate owned by Landlord and its brother euilipanies, including 1401 Professional Cater, owner of contiguous properties to the east of the subject premises, 5. TENANT'S OCCUPANCY: Tenant shall promptly execute and amply with all statutes, ordinances, rules, orders, regulations and requirements of all federal, state, county and city governments, and of all their deparunents and bureaus, applicable to the Premises for the correction, prevention, and abatement of Premises, during the team of this Lease, or any renewal term hereof. 8_ NO WAItTtANTIES: Tenant has examined the Premises and is familiar with the condition thereof, and accepts the same in their present acndition. Landlord has made no representations or warranties as to merchantability or fitness for a particular use. 7. SIGNS: Tennant is hereby permitted to erect any awnings or sign upon the Premises or building to advertise 1v1CM. 8. SUBORDINATION: This Lease is subject and subordinate to all ground or underlying leas ea and to all mortgages in any amount, and all advances thereon, which may now or hereafter affect this Lease or the real property of which the Premises form a part, and all renewals, modifications, consolidations, replacements and extensions thereof. 9. WAIVER OF LANDLORD: The Landlord shall not be liable or responsible for any damages or loss either to person or property, sustained by Tenant or by other persons, due to the building or any pan thereof becoming defective or out of repair, due to any accident in or upon the Premises, or due to the act or neglect of any Tenant or occupant of the building. 10, SUBROGATION: Tenant hereby waives all right of subrogation against Landlord as respects any insurance proceeds that it may collect from its own insurance carrier. 11. RIGHT OF ENTRY: Landlord, or awry Landlord's agents or designees, shall have the right, without prior notice, to enter upon the Premises at all reasonable hours, and in tenerg,encies at all times, to examine or inspect the mine or make any repairs, additions or alterations deemed necessary for the safety, comfort or preservation of the Premises or of the buildiug, to exhibit the Premises, to repair any property owned or conholledley Landlord, or for any other lawful reason, Said right of entry shall likewise exist for the purposes of removing placards signs, fixtures, attentions or additions which do not conform to this Lease. For a period commencing 180 days prior to the end of the term of this Lease, Landlord shall have reasonable access to the Premises for the purpose of exhibiting the same to prospective Tenants and to post any signs upon the Premises. 1Z LANDLORD ACTING FOR TENANT: Wheuever, throughout this Lease, Tenant is required to do any act or expend any Money to a third party, including but not limited to the repair and maintenance of the Premises, if Tenant refuses or neglects to perform any such act or make any such payment, Landlord may, without notice, cause said act to be performed or expend said money on behalf of and for the account of Tenant, and in such event, Tenant shall reimburse Landlord for such expenditures within 10 days from den:laud therefor by Landlord, but, notwithstanding the previcus provisions of this, Landlord shall be wider no obligation to perform any such act or expend any such money. 13. SALE OF BUILDENG: In the event of a sale of the building or Premises by Landlord, Landlord shall be relieved of all liability hereunder to Tenant. 14. RECORDING: Neither this Lease nor any memorandum thereof shall be recorded upon the Public Records of the County in which the Premises are lccated. 15. LAW: This agreement shall be construed by the laws of the State of Florida, venue for the erdbreement hereof shall be in the courts of Miami -Dade County, Florida, 16. RELATIONSHIP: Nothing contained in this Lease shall bc construed to create the relationship of principal and agent, partnership, joint venture or any other relationship between the parties hereto other than the relationship of Landlord and Tenant 17. PARKING: Talent including Tenant's officers, agents, employees, or customers shall park in thc parking spaces and areas designated by Landlord, 18. Waste Disposal: Tenant agrees to comply with all federal, state, and local ]aws, as well as all governmental authorities that regulate the disposal of bio-hazarclous and/or bio-medica] wuste. Tenant agrees to contract, at their expense, a Lee. need bio-hazardous and/or biomedical disposal company. Tenant acknowledges that waste containers located and provided on the property by owner are to be used only for paper products and other non trio -hazardous aricitor non-bioenedical waste Executed on the date above first written. AGREED, ACKN IWLEDGED AND ACCEPTED, By Munilla Co uction nt, LLC. sident By