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HomeMy WebLinkAboutMemo-Recommendation of Award-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Johnny Martinez, P.E. DATE: December 6, 2012 FILE: City Manager FROM: Mark Spanioli, P.E. Director /..A Capital Improvements Program SUBJECT: Recommendation of Award Museum Park Baywalk and Promenade PH II and III, B-30538 REFERENCES: ITB 11-12-027 ENCLOSURES: Bid Security List, Letter of Agreement, PAF, Best and Final Bids, Original recommendation memo Recommendation Based on the findings below, Capital Improvements Program hereby recommends the Project be awarded to FHP Tectonics Corp., who has been determined to be the lowest responsive and responsible bidder for ITB 11-12-027 Museum Park Baywalk and Promenade PH II and III, Project No. B-30538 and that the prior approved award recommendation signed and dated October 11, 2012, be rescinded by you. Background Capital Improvements Program (CIP) received five (5) bids on August 23, 2012, in response to the solicitation for the Museum Park Baywalk and Promenade PH II and Ill, which are reflected on the attached Bid Security List. Bidders as of the Bid Due Date shall hold a current active certified license as a General Contractor from the State of Florida and must have a minimum of eight (8) years experience under its current business name, in the construction of similar projects (including public space, park, streetscape and site/civil construction), with five (5) separate verifiable project references from the project owner's representative, for Completed Projects as the Prime Contractor, of similar size, scope, and complexity, within the past seven (7) years. Two of these projects must have been performed within Miami-Dade/Broward/Palm Beach County area of Florida. In addition, the Bidder must have experience in a minimum of at least two (2) of the following: installation of concrete and paver walkways in excess of 15,000 sq ft,; earthworks, water main 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 of areas in excess of three (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 CIP website. Both individuals (e.g. the Project Manager and the Superintendent) must have at least five (5) years experience with projects of a similar size, scope and complexity within the past seven (7) years. 1 1?- 0/0/3.... goe.001M c 'ofr) o{i j--1(,(4 rd - sub THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT, Findings, CIP staff has determined that FHP Tectonics, Inc., ("FHP"), was a responsive and responsible, non -local bidder; and Munilla Construction Management, LLC, d/b/a MCM, ("MCM") a responsible local bidder, has submitted a responsive bid within fifteen percent (15%) of FHP's bid and maintains a local office, as defined in City Code Section 18-73. In accordance with Section 18-85(a) of the City of Miami Code, as amended, any responsible local bidder(s) who has submitted responsive bids within fifteen percent (15%) of the non -local low bidder(s), are granted the opportunity to submit their "Best and Final" ("BAFO") bid, equal to or lower than the non - local low bidder's original bid amount. Each Bidder was sent a letter dated September 5, 2012, and a blank bid form, instructing them to complete the bid form and submit two originals in a sealed, addressed and dated envelope to the CIP office no later than September 12, 2012 at 5:00 p.m., to comply with the City's request. Additionally, stated as a requirement in Addendum 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 a minimum of fifteen percent (15%) of the contract value to respondents(s) or construction related enterprises currently certified by Miami -Dade County CSBE, as set forth in Sec. 10- 33.01 and Sec. 10-33.02 of the Miami -Dade County Code prior to the recommendation of award, Both Bidders submitted a Best and Final bid within the seven day period. MCM's bid was the lowest consisting of a base bid amount of $4,855,134,69 for PH II and a base bid amount of $2,763,741.85 for PH III for a combined total bid amount of $7,618,876.54, which is a $730,581.28 reduction from their original bid price of $8,349,457.82. FHP's was second lowest at $7,641,706.26, a $101,284.81 reduction from their original bid price of $7,742,991.07 Not included as part of the total bid amount for both Phase II and Phase III, were a list of Bid Alternates/Add Alternates items, to be used at the sole discretion of CIP 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 determination to be made solely by CIP after award on which of these items are to be utilized. Determination of Award On October 25, 2012, FHP filed a timely, 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 MCM did not act in good faith and provide accurate information to the City pertaining to their maintaining a local office as defined by City Code Section 18-73; and therefore, was not entitled to participate in a BAFO. CIP, along with the Chief Procurement Officer, performed their due diligence and requested MCM provide prior approved Miami -Dade County Business Tax Receipts to verify that MCM did indeed conduct all or a portion of its operations out of the building located at 1429 SW 1st Street, Miami, FI 33135, pursuant to all applicable zoning and licensing laws for a minimum of six months prior to August 23, 2012, the bid closing date. While MCM did provide a City of Miami Business Tax Receipt as required with their bid submittal, they could not provide the city with a valid Miami -Dade County Business Tax Receipt, which is required under Chapter 8A, Article IX, 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 CIP's BAFO letter issued to MCM dated September 5, 2012, as MCM is ineligible for City of Miami local preference without having maintained local office as required by code. In response to ITB #11-12-027, MCM was the fourth lowest, responsive and responsible non -local bidder. CIP hereby requests approval of the recommendation of award to FHP, in a negotiated bid amount which consists of the combined base bid amount of $7,618,876.54, (including a combined total of $50,000 for permit fee's) for Phases II and III, plus a total of $934,744.14, for the selected Add Alternate items for Phase II and Phase III to be used at CIP's sole authority, along with a ten percent (10%) contingency of $855,362,07, for a total contract amount not to exceed $9,408,982.75. CIP also hereby requests that you rescind the original recommendation of award signed and dated October 11, 2012. 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Upon approval of this recommendation, CIP will prepare the necessary legislation to have this award brought before the City Commission. Approved b Johnny Martinez, P.E. City Manager Date: Z-f3 MS/cw w/Attachments c: Alice Bravo, P.E., Assistant City Manager/Chief of Infrastructure Mark Spanioli, P.E., Director, CIP Kenneth Robertson, Chief Procurement Officer/Director of Purchasing Jeovanny Rodriguez, P.E., Assistant Director, CIP John De Pazos, Project Manager, CIP Carlos Vasquez, Construction Manager, CIP 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL, BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Tit a *Mann December 6, 2012 Mr. David P. Roy Senior Project Manager FHP Tectonics Corp. 290 NW 165th Street, Suite P200 Miami, FL.'33169 JOHNNY MARTINEZ, P.E. City Manager Electronic mail and US certified mall return Receipt drovafhpasohen,com Re: ITB No.: 11-12.027 Museum Park Baywalk and Promenade PH II and PH III, 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 FHP Tectonics, Corp., ("FHP") 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 II; a base bid amount of $2,763,741.85 for PH III, for a combined total bid amount of $8,553,620,68 (this price includes a combined total of $50,000 for permit fees, $25,000 for each Phase); plus a combined total of $934,744.14, for the Add Alternate items for both Phase II and Phase III, at the sole authority of CIP, This total contract amount reflects the lowest Best and Final bid offer amount. Please sign and date below to indicate your firm's acceptance or rejection of this total contract amount: Museum Park Baywalk and Promenade PH II and PH III, B-30538 Total Contract Amount: FHP T Contra Name: Mr. David P Titre: Senior Project Manager City of Miami A Florida Municipal Corporation $$8.553,620.68 Tectonics Corp, Name: /94✓V 1 a l �1 Mr. Mark Spanioli, P.E., Title: 'I^ e r8q— C-/ (' Date: Director, Capital Improvements Program Date: Signature: CAPITAL. IMPROVEMENT'S PROGRAM 444 S.W. 2nc1 Avenue, 81h Floor / Miami, FL 33130 / (305) 416-1280 / Fax: (305) 416-2153 Mailing Address: P.O. Box 330708 Miami, FL 33233-0708 KENNETH ROBERTSON THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. JOHNNY MARTINEZ, P.E. Chief Procurement Officer City Manager December 28, 2012 VIA E-MAIL alfred a(�aablawfirm;com dmunillana.petersonespino.com J. Alfredo Armas Armas and Borron, LLP 4960 SW 72 Avenue, Suite 206 Miami, Florida 33155 RE: IN RESPONSE TO YOUR WRITTEN COUNTER -PROTEST OF NON -AWARD: CITY OF MIAMI INVITATION TO BID (ITB) NO. 11-12-027 — MUSEUM PARK BAYWALK AND PROMENADE PHASE II AND III, CIP PROJECT B-30538 Dear Mr, Armas: The City of Miami (City) received a notice of intent to file a counter -protest of non -award submitted by Armas and Borron, LLP, on behalf of Munilla Construction Management, LLC (MCM), on Thursday, December 6, 2012, at 5:05 PM, relative to the above -referenced Invitation to Bid (ITB) No. 11-12-027 (Project). As required by City Code Section, 18-104(2)(c.), "[a] written protest... must be submitted to the chief procurement officer within five days after the date the notice of protest was filed." Accordingly, using this filing timeframe, MCM's formal counter -protest of non -award was required to have been filed not later than 5:00 PM, Thursday, December 13, 2012, and "shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection (f)".The City thereafter received a formal counter -protest of non -award submitted by Armas and Borron, LLP, on behalf of MCM, 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 (Attachment 2, 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 Awards, Authority to Resolve Protests, I 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 a business to the city to furnish specific goods, equipment and/or contractual or public works or improvements in response to an invitation for bids. Proposal means an executed formal document submitted by a proposer to the city, 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, a respondent to an Invitation to Bid is a bidder. A respondent to a Request for Proposals, Request for Letters of Interest or a Request for Qualifications is a proposer. December 28, 2012, Response to MCM Counter -Protest of Non -Award Page 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 filed 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]. *** (f0 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. 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 (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 tax 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 tax 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT, 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. 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 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 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 tax 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., "(eaach 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 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. Moreover, pursuant to Miami -Dade County Code of Ordinances, Sec. 8A-172, Doing business without local business tax receipt., "fi]t shall be unlawful and a violation of this section for any person to carryon or conduct any business or profession for which a receipt is required without first obtaining such receipt." Miami -Dade County Code of Ordinances: 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 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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, 2012, Response to MCM Counter -Protest of Non -Award Page 6 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Item 3: MCM was disqualified from City of Miami local preference for their 1429 SW 1 St, Miami, Florida 33135, business location (Premises) even though MCM paid its 2011/12 Miami -Dade County Local Business Tax for the Premises on July 15, 2011. Response 3: With regard to the various Miami -Dade County Business Tax Receipts (BTRs) 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 149838-5 6201 SW 70 St, 2 FL, South Miami, FL 33143 10/1/09 - 9/30/10 149838-5 Valid 149838-5 6201 SW 70 St, 2 FL, South Miami, FL 33143 10/1/10 - 9/30/11 149838-5 Valid 646401-0 1429 SW 1 St, Miami, FL 33135 10/1/09 - 9/30/10 673277-1 Valid 646401-0 1429 SW 1 St, Miami, FL 33135 10/1/10 - 9/30/11 673277-1 Valid 646401-0 1429 SW 1 St, Miami, FL 33135 10/1/11 - 11/14/11 673277-1 Valid 646401-0 Transfer action to: 6201 SW 70 St, 2 FL, South Miami, FL 33143 11/15/11 - 9/30/12 673277-1 Valid 646401-0 6201 SW 70 St, 2 FL, South Miami, FL 33143 10/1/12 - 9/30/13 673277-1 Valid N/A 1429 SW 1 St, Miami, FL 33135 11/15/11 - 9/30/12 N/A Invalid from 11/15111-1214/12 N/A 1429 SW 1 St, Miami, FL 33135 10/1/12 -12/3/12 N/A invalid from 11 /15/11-12i4/12 Effective December 4, 2012: 707499-0 1429 SW 1 St, Miami, FL 33135 10/1/11 - 9/30/12 735283-4 Valid Retroactively Valid Retroactively 707499-0 1429 SW 1 St, Miami, FL 33135 10/1/12 - 9/30/13 735283-4 December 28, 2012, Response to MCM Counter -Protest of Non -Award Page 7 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. The City does not dispute the fact that MCM paid for and received their 2011/12 BTR for the Premises effective October 1, 2011, under Account #646401-0. On November 15, 2011, however, MCM took proactive action with the Miami -Dade County Business Tax Department to change the address of record under Account #646401-0 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. 17.1 717749,-2 PH nso When this transfer of address was completed, no then -current BTR for the Premises was thereafter obtained as required by Chapter 8A, Article IX, of the Miami -Dade County Code of Ordinances. If this was a 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, MCM had no approved BTR for the Premises. This was corrected by MCM on a reactionary basis in response to my December 4, 2012, 11:27 AM, e-mail requesting a copy of the BTR for the Premises that was in effect on or before February 23, 2012. As evidenced by all of the foregoing and attached, MCM is unable to provide said documentation because it did not exist until December 4, 2012, more than four months after the bid closing date for ITB #11-12-027. MCM had no then -current BTR for the 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 of Section 8A-189.2 of the Miami -Dade County Code of Ordinances. Response 4: Respectfully, MCM may not argue both sides of the same coin. On one side, in its response to the protest submitted by FHP, MCM formally and affirmatively asserts that it "has offices [emphasis added] strategically located throughout South [sic] Florida" and that "for the past four (4) years, MCM has performed a Portion of its Operations, from its office located at 1429 SW 1st Street, City of Miami, 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). MCM'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 18-73 of the City of Miami Code of Ordinances, December 28, 2012, Response to MCM Counter -Protest of Non -Award Page 8 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 to Secticns 8A-189.2, 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 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 [emphasis added] is maintained." MCM cannot legally assert that business operations at the Premises are either "temporary or transitory" when MCM is under lease for same for a term of five years. MCM is also ineligible to claim exemption from paying Miami -Dade County Business Taxes for the Premises under Sections 8A-189.2, 8A-189.3, 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 MCM, and, as the work or services therein performed are neither temporary nor transitory, MCM is not exempted from paying local business taxes for the Premises under Sections 8A-189.2, 8A-189.3, Miami -Dade County Code of Ordinances, nor under Section 205,065, Florida Statutes. In Conclusion: 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. 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. 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, MCM's incomplete counter -protest of non -award is summarily dismissed. The City, by and through its Department of Capital Improvements Program, stands by its revised recommendation of award for the Museum Park Baywaik and Promenade, Phase II and III, Project B-30680, to FHP Tectonics Corp. as the lowest responsive and responsible bidder. Thank you. Respectfully, Kenneth j Robertson Kenneth Robertson /s/ Chief Procurement Officer / Director of Purchasing Encl: Attachments 1- 7 KR:kr THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ATTACHMENT 1 AI MAS & BOIRRON, LLP Trial Lawyers THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 4960 S.W. 72nd Ave. Suite 206 Miami, Florida 33155 Ph: (305) 661-2021 Fax: (305) 661-2324 www aablawfirm.com �// / / Jo Alfredo de Armas `` %/� e_Cd .7/ ' `(j io/ Jorge C. Emon Th ,rs av_ Decembe -063 2012 VIA US MAIL Via Facsimile: (305) 416-1925 Via Email: kroberston@miamigov.com Mr. Kenneth Robertson Chief Procurement Office City of Miami Hand -delivered 444 SW 1st Ave., 6th Floor Miami, Florida 33130 Re: Museum Park Baywalk & Promenade Phase II and III Project No.: ITB 11-12-027 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 Miami. -Dade County Local Business Tax due on the P nrRelcHu5.I, enwRiwwHv.n` .aryp{6 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. [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 snakes 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 genesis 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 providedthe 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. lst 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 flat 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Very Truly yours, J 7 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. EXHIBIT 1 Local Business Tax receipt for 2O112O12;Business location: 1429 SW 1 Street, Miami, Florida 33135 and check dated July 15, 2011 for said taxes THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 646401-0 BUSINESS NAME / LOCATION MCM 1429 SW 1 ST 33135 MIAMI THIS ISNOTABILL-DONOTPAY RENEWAL RECEIPT N 67 STATE# *CM:13804 OWNUNER MILLA CONSTRUCTION MANG LLC Sec. Type of Business WORKER/S 196 GENERAL BUILDING CONTRACTOR 10 THIS IS ONLY A LOCAL BUS/NESS TAX RECEIPT„ IT DOES NOT PERIVIIT THE HOLDER TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS OF THE couNry. OR crnEs, NOR DOES fl EXEMPT THE HOLDER FROM ANY OTHER PERIV/IT 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 OTFIEFI SIDE DO NOT FORWARD MCM JORGE MUNILLA 6201 SW 70 ST 2 FL MIAMI FL 33143 74 FIRST-CLASS U.S. POSTAGE PAID MAK FL. PERMJT NO. 2 I 77-1 TRANSFER OF BUSINESS/OWNER INFORMATION REGARDING YOUR LOCAL BUSINESS TAX RECEIPT NEW BUSINESS NAME (PLEASE PRINT) PURG A ER NAME (PLEASE PRINT) PURCHASER SIGNATURE SELLER NAME (PLEASE PR NT)• ; - SELLERSIGNATURE --- 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 R-ECEIPT. CALL (305) 270-4949. z 0 I= --I D < F— Z I= 3 E D 0 < — o zuJ cc) Z — 0 0 E v-) 0 —± 0 IF RECEIPT IS LOST OR DESTROYED ONLY - ONE (1) DUPLICATE RECEIPT VVII BE ISSUED. •, . LQCAL .qiffilS TAXES ARE SUBJECT TO • 'CiziANGt A C.CiRDri\IG TO LAW. r• 1.14:RVVVCIW ft.41AMIDADE.GOV r, • r 7,1 r-; .. ist =‘,". ";•1 .` A CERTIFICATE OF USE AND / OR CITY BUSINESS TAX RECEIPT MAY ALSO BE REQUIRED. cr) F— z w Z w Z V) 1-1-1 Li.1 2 Z < 0 0 0 tags..,:.•Er.;:r- ::EXPTING.FI L ATQI ktl .,-:OF : THE ,:CO € : -Oa-. PITIES, OF: DOES'. ° J`'.T :EMPT= -' THE . HOLDER. FRAM. `•: Q ER 'CHI ifq. €31~W4:•:a1113.14 A ' P t YP t I':1=tEQE1.t t ;:: • THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. DO NOT FORWARD MCM JORGE MUNILL. 6201 SW 70 ST 2 FL MIAMI FL 33143 U1.11 1 ii 331s SEE OTHER SIDE =t1 -FIRST-SS::. U.S.:POSTAL E• P. ID ERMI "- O.. 231 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. DO NOT FORWARD MCM ARSE. MUNI LLA 6201 SW 7 ST 2 FL MIAMI FL 33143 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. TRANSFER OF F INEsst . . 4 w • NEW Bilan-S NAME EASE PFUNT) PURCHASER NAME (PLEASE PRiN PURCHASER SIGNATU SELLER NAME (PLEASE PR INFORMATION REGARDING YOUR 1-0.7AL BUSINESS FAX RECEIPT THE TAX COLLECTOR MUST BE NOTIFIED iN WRITING IF THERE S A CHANGE OF aNNERSHP, BUSINESS LOCATION, TRADE NAME OR ANY OTHER CHANGE FROM THAT WHICH IS SHOWN -ON TH1$ RECEIPT. CALL (305)2704949. IF RECEIPT IS LOST OR DESTROYED ONLY ONE CO DUPLICATE RECOF9 WILL BE. ISSUED - LOCAL BUSINESS TAXES ARE SUBJE T 0 CHANGE AC-GC/HMG ID LAW_ VISIT WMAMDAEGOV NESS TAX .RECEIPT MAY ALSO BE REQUfREa THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 646401-0 BUSINESS NAME / LOCATION MCM 6201 SW 70 ST 2 FL 33143 SOUTH MIAMI FIRST-CLASS U.S. POSTAGE PAID IAMI, FL PERMIT O. 231 THIS IS NOT A BILL — DO NOTPAY RENEWAL RECEIPT NO, 673277-1 STATE# CGC1513804 OWNER MANILLA 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 EX/STING 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 CCU- FCTOR; 08/09/2012 60030000201 000045.00 SEE OTHER SIDE DO NOT FORWARD MCM JORGE M NIL A 6201 SW 70 ST 2 FL MIAMI FL 33143 ij „I ; THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. DO NOT FORWARD MCM JORGE MUNILLA PRES 6201 SW 70 ST 2FL SOUTH MIAMI FL 33143 $11.5 SEE OTHER S4DE lit FiRST-CLSS • '.S.. POSTAGE. PA1D WAN, FL PERM/T No. ti* OE HMO CQUIW IT UER rs THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. SEE THER S4DE DO MOT FORWARD MCM JORGE NUN 'LLA PRES 6201 SW 70 ST 2FL SOUTH MIAMI FL 33143 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. EXHIBIT 3 Leiter from Daniel Munilla dated December 5, 2012 to Kenneth Robertson MICNAELP.PE'rr oN ALEJANDRO ESPINQ* TOSE BALDOR 'Board Certified 1nConstractlan taw THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. PETERSON & EsPINo, PA. ATTORNEYS AT LAW 10631 Southwest 88th Street ' Suite 220 Miami, Florida 33176 Tel, (305) 270-3773 ° Pax (305) 275.7410 December 5, 2012 VIA US MML Via Facsimile: (305) 416-1925 Via Email: kroberston@miamigov.corn Mr. Kenneth Robertson Chief Procurement Office City of Miami 444 SW lStAve., 6th Floor Miami, FL 33130 DOUBT, I. HALLEY, PE DANIEL B. MirNILLA MAT1171EW MARANGES CBASAItx. 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, 20121 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 fine 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 morning rescinding its Best and Final Offer letter issued to MCM, dated September 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,1 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 Miami - Dade 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"). Fox 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 `B" 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 June 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 DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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, Miami, 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 whioh 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. 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 forma, 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 r 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 Manilla, 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 all 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 hour, and emailed you advising that you would be receiving copies of same via correspondence from. MCM's attorney in the morning. 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 ininimum 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 Miami -Dade County Code of Ordinances Section 8A-171, Bach 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 pimished 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 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. 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. A review of the above cited ordinances compels one to conclude that all companies are required to have a Miami -Dade County Business Tax License at each location it conducts business. However, after a salient review of Chapter 8A, Article 1X, 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 ocoupation 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 looation or branch office is na.aintained, 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 looal business tax, or any registration or regulatory fee equivalent to the local business tax, shall have standing to challenge the propriety of the local government's actions, and the prevailing party in such a challenge is entitled to recover a reasonable attorney's 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 for 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 equivalent 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. prevailing party in such a challenge is entitled to recover a reasonable attomey'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 munioipaiity 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 locationfrom which it "conducts all or a portion of its operations". Therefore, MCM was not required to obtain 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 la' 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 coxnpani.es like MCM who xnaintain a local office in the City. Upon your review of the foregoing, ) 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 ine. Daniel F. Munilla Peterson & Espiuo, P.A. Enclosures oc: alfred@aablawfir;m.com; aleal@MCMCORP.COM; Ialonso@1vMCMCORP.COM; kdyer@MCMCORP.COM; kguerrero@MCMCORP.COM; mfornaris@MCMCORP.COM; JOBru miamigov.coin; RSuarez-Rivas@mianaigov.com; johnnymartinez@miamigov.com; abravo@mianzi.gov.com; mspanioli@miansigov.com; CWilson a�imiamigov.com; J-Vazquez@bexgersin.gerivan.com; droy a7fhpasohen.com; DThompson@bergersingennan.com 5 • THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. EXHIBIT A Email from Alexis Leal forwarding the email dated December 4, 2012 from Kenneth Robertson THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL i CAN BE SEEN AT THE END OF THIS DOCUMENT. Daniel Munilla From: Alexis Leal (Alexis©MCMCORP.COMI Sent . Tuesday, December 04, 2012 11:36 AM To: Daniel Munilla Cc: Pedro Munilla; Lissette Alnnso; Kurt Dyer Subject: Fwd: Request for Additional Information: Bid Protest ITB #11-12-027 FYI Alexis Leal, MCM Begin forwarded message: From: "Robertson, Kenneth"<krobertson@miamigov.com<mai1to:krobertson@miamigov.com» Date: December 4, 2012, 1L:27:23 AM BST To: Pedro Munilla <P.edro@MCMCORP.COM<mailto:Pedro@MCMCORP.COM» Cc: Alexis Leal <Alexis@MCMCORP.COM<mailto:Alexis@MCMCORP.COM», Lissette Alonso <lalonso@MCMCORP.COM<mailto:lalon'so@MCMCORP.COM> , Kurt Dyer <lcdyer@MCMCORP.COM<mailto:kdyer@MCMCORP.COM» Subject: Request, for Additional Information: Bid Protest ITB #11-12-027 Good morning, Mr. Munilla: In order to qualify for • local preference under the City of Miami Code of Ordinances, MCM needs to be able to prove that its business operations at 1429 SW 1 Street, Miami, FL 33134 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. 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 [emphas:i.•s 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 tax receipt shall be required for each type of business, business classification or profession conducted therein." Pursuant to Miami -Dade County Code of Ordinances, Section 8A-196, Contracting., "[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 [emphasis added]." 1 O r --1 -1 O D O = n z O E m o m (' G� n • m n • c Moreover, pursuant to Miami -Dade County Code of Ordinances, Sec. SA-172, Doing business D r rn without local business tax receipt., "Ei]t shall be unlawful and a violation of this section -1 D z - for any person to carry on or conduct any business or profession for which a receipt is mc D▪ required without first obtaining such receipt." o ° C Chapter 8A, Article IX, of the Miami -Dade County Code of Ordinances requires a business tax o - receipt for each place of business, including MCM's 1429 SW 1 Street, Miami, FL 33135, H z .1 location, As posted on Miami -Dade County's Local Business Tax Website, a business located D cwithin a municipality is required to obtain both a city receipt and a county receipt. Per the o attached e-mail, on Friday, November 30, 2e12, 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 MCM'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 1 Street, Miami, FL 33135, business location, as issued by Miami -Dade County prior to February 23, 2012. 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 5, 2012. Not providing the requested information by the stated deadline shall be cause to rescind the City.of Miami's Best and Final Offer letter dated September 5, 2012, for the subject ITB. Thank you in advance for your immediate attention regarding this matter. Miami -Dade County Code of Ordinances: Sec. BA-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 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. 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 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 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 tax receipt or receipts to a business or professional shall not be deemed to constitute evidence of the business' or the 2 '1N3A1f1J0a SIH130 aN3 3H11V N33S 38 NVJ 1VNI91210 dflNJ`d8-1VN19190 01 0 m C W 0 z professional's entitlement to conduct its activities pursuant to other provisions of applicable law, Sce, 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; (5) Both such fine and imprisonment in the discretion of the court having jurisdiction aver the cause; (4) :Fines in accordance with Chapter 8<http://library.municode.com/HTML/10620/leve12/PTIIICOOR CH8BUCO.html#PTIIICOOR CH8BUCo> CC of the Code of Miami. -Dade County; or mm (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@miami.gov.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 message. Checked by AVG - www.avg.com Version: 2013.0.2793 / Virus Database: 2534/5934 - Release Date: 12/03/12 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT, 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 646401-0 BUSINESS NAIVIE / LOCATION MCM 1429 SW 1 ST 33135 MIAMI THIS IS NOT A BIL OWNER MUNILLA CONSTRUCTION MANG LLC Sec_ Type of Business 196 GENERAL THIS IS ONLY A LOCAL BUSINESS TAX RECEIPT. IT DOES NOT PERMIT THE HOLDER TO VIOLATE ANY EX1SIIN6 REGULATORY OR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES IT EXEMPT THE HOLDER Fnctivi ANY OTHER PERMIT OR LICENSE REQUIRED BY LAW_ THIS IS NOT A CERTIFICATM OF THE HOLDER'S QUALIFICA- TIONS_ PAYMENT RECEIVED MUM-DADE COUNTY TAX COLLECTOR; 07/27/2011 60000000456 000045.00 SEE OTHER SIDE BUILDING CONTRACTOR FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 DO NOT PAY RENEWAL 673217-1 STATErgEn1 3804 WORK ER 10 DO NOT FORWARD MCM JORGE MUNILLA 6281 S1,4 70 ST 2 FL MIAMI FL 33143 14 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 PRINT)-.. SELLER 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 ISSUE/ -.7,L(5,00..-LI3*S TAXES ARE SUBJECT TO 'tIRANGi,S6GORDING TO LAW. MI/4 WWW,MIAMI DAD E.GOV A CERTIFICATE OF USE AND / OR CITY BUSINESS TAX RECEIPT MAY ALSO BE RE RED. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. -.FOS. IS .14QT.A piLL - Do-Nur -PAY. - 646401 - • ...• •- _s •••REN BUSINESS:NAMEi.LOCATION' . " RECEIPT NO 29- 35 OWNER UNILLA CONSTRU Sec- Type of Busit:tess 196 . THIS IS ONLY A 'LOCAL ' • . 'BUSINESS TAX RECEIPT:.fl 'DOES- NOT.' -FiERNirr- :TRE 'HOLDER:TO- VIOLATE. ANY': OUSTING REGULATORY OR - zolette:. LAWS --OF GOUNIY -OR CrnES.- NOR.. -130ES IT EXEMPT • 7THE :WILDER :FROM' ANY OTHER- PERMIT- L/CEN SE REQUIRED -BY .1-4W. THIS IS - NOT A • CERTIFICATION OF • THE HOLDER'S. OtfAuripA. MONS; • • .. • • PAY.IVE4T-PEELVEti MIAMPOADE COUNTY. TAX - COLOR: • . • • • 0.71-1-41 60.04.99' . 110-.0•0:45: SEE OTHER SIDE •••••• . : DO NOT FORWARD t4CM JORGE MUNI LLA 6201 SW 7'0 ST 2 FL MIAMI FL 33143 hi ilndim$7 111 11 Ishg 11 I t • FIRST-cLA$S-:: .S. PosTAp pAisia : : •PERMIT NO.;2311 ••••,,-. • --1.4.-f• • . THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. SEE OTHER DO NOT FORWARD CM JORGE MUNILLA. 6201 SW 7 ST 2 FL MIAMI FL 33143 ISM THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. TRANSFEF,2,' OF BUSNESSJOWER P NEW BUS1NAaS NAME (PLEASE KUNT) PURCHASERNAME (PLEASE PHINT) PURCHASER SIGNATURE SELLER NAME (PLEASE SELLER SGNATJJ F USE AN or . !NFORMATION R5GARDING YOUR LOCAL BUSINESS FAX RECEIPT THE TAX COLLECTOR MUST BE NOTIRt-,D IN VIRMNG tF THERE IS A C'4,ANGE 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) VU,PLICATE RECEIPT Will BE ISSUED, LOCAL BUSINESS TAXES ARE SUBJECT TO CHANGE AC -CORDING TO LAW, VtSIT WWW.MIAMIDADE.GOV ITY BUSINESS AX RECEIPT MAY ALSO BE REQ' ED. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. THIS IS NOT A BILL — DO NOT PAY 646401- BSIESS NAME 1 LOCATION MCM 6201 SW 70 ST 2 FL 33143 SOUTH MIAMI OWNER MUNILLA CONSTRUCTION MANE LLC Sec. Type of Business 196 GENERAL THIS IS ONLY A LOCAL BUSINESS TAX RECEIPT. IT DOES NOT PERMIT THE HOLDER TO VIOLATE ANY EXISTING REGULATORY OR ZI''IING LAWS OF THE COUNTY OR OLT[ES. 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 RECVED I IAMI-DADE COUNTY TAX COLLECTOR: 08/09/20 2 60030000201 000045.00 SEA OTHER SIDE BUILDING CONTRACTOR REND RECEIPT NO.. STATE* CGC15138 WORKER/S 10 DO NOT FORWARD MCM JORGE HUNTLLA 6201 SW 70 ST 2 FL MIAMI FL 33143 trjh FIRST-CLASS U.S. POSTAGE PAID AMAPA FL PEEMT NO.. 231 673277-1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. -This._:IS° '# €LY: . 3t SZNESS:I ,3C_=RECE1PT.` . T E":- EfO EE T6.vio Tg'ANY.. -EXISTING- f3EE 3 1TORYOH : LAWS:. S3F:` :. 1..001.1NTY .:DR,: CITIES. CtR_ XEMRT•.. E. HOLDER;FRo1 -AONY ER. ; PE}M -€ R ; I .tGENSE tcatFtDAT o -OF- =:THE HOLDER'S'QUA.i iFK A :PAYMENT RECEIVED ' 3RMi 3ADE:CQUN TY TAX CQLi ECTDR:. DO NOT FORWARD C JORGE MUNILLA PRES 6201 SW 70 ST 2FL SOUTH MIAMI F 33143 hill THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. DO NOT FORWARD MCM JORGE MUNILLA PRES 621 SW 70 ST 2FL SOUTH MIAMI FL 3143 SEE OTHER S DE THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. EXHIBIT C Email from Alexis Leal forwarding the email dated December 4, 2012 from Kenneth Robertson THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL, BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. EXHIBIT D CASE LAW: Fla. AGO 9283, 1992 WL 527491 (F1a.A.G) WestcaW. Fla. AGO 92-83, 1992 WL 527491 (F1a.A.G.) c Fla. AGO 92-83, 1992 WL 527491 (FIa.A.G.) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Office of the Attorney General State of Florida AGO 92-83 November 9,1992 Page 1 Re: COUNTIES --LOCAL GOVERNMENT --OCCUPATIONAL LICENSE FEES-- PROFESSIONAL REGULA- 'flON, 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. s. 205,065, F.S.(1992 Supp.). The Honorable Murray A. Bronson Tax Collector Osceola County Post Office Box 422105 ISissimnree, 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,from•levying 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. p,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 its jurisdiction. rFNli During the 1992 leg- islative session, however, the Legislature enacted s. 205,065, F.S. (1922.Supp.), which limits the authority of local governments to impose such occupational license taxes. fFN2) 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 the state where his permanent business location or branoh 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 © 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Fla. AGO 92-83, 1992 WL, 527491 (F1a.A.G.) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT, Page 2 tax, on him for performing work or services an 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 the 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 jurisdiction't[FN3:)Seotion;205:065. P.S;; therefare,pr hibits*a,county.or•municipality from imposing n 000upatioAai':::; a license tan if theaDPR regrdated'business: has already"peed art occupational isoan e tax for the current year and .does not.,:' , "ndve"a-perliianennbusiness location or branch offioe located in.suoh county.or:tliluucipallty 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 in such county or municipality merely because another county or municipality also has unposed 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 innunioipal and oou my occupational license taxes. f FN4)Seotion 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 Bounty'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 s. 205,065, F.S. i1992 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 0 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Fla. AGO 92-83, 1992 WL 527491 (F1a.A.G.) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Page 3 fFNiSection 205.032. F,S, And see, s. 205.033. P.S., setting forth the conditions for such a levy. Compare, . 205.043. P.S., regarding the levy of an occupational license tax by municipalities. [FN2) See, s. 32, Ch. 92-203, Laws of Florida. £FN31 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 ofFlorida). And see, Final Dill 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 the person has paid an occupational license tax and only if nc per- manent business location or a branch office is located within the jurisdiction. [FN4) See, AGO 72-291. Fla. AGO 92-83, 1992 WL 527491(Fla.A.G.) END OF DOCUMENT 0 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. Westtaww THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Fla. AGO 92-74, 1992 WL 527484 (F1a.A.G,) Page 1 0 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 Mx. 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 and various interpretations by governmental agencies within Palm Beach County, ,Section 205.042, F.S., authorizes naunioipalities to impose an. occupational lioense tax on; (1) Any person who maintains a permanent business location or branch office within said municipality, for the 0 2012 Thomson Reuters, No Claini to Orig. US Gov. Works, Fla, AGO 92-74, 1992 WL 527484 (F1a,A.G.) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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, CPN11 Section 32, Ch. 92-203, Laws of Florida, creates s. 205,065, F,S. (1992 Supp.), 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 anoccupationallicense 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. J 1\121 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) 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 ocoupational license fee, the provisions of s. 205,065, F.S. (1992 Supp.), are applicable regardless of the name given to suoh a fee. An examination of the' legislative history surrounding the enactment of the statute supports such an interpretation, Such records indicate that, prior to the enactment of s. 205.065, 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 jurisdiction,",[FN4j 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 suoh 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 s. 205.065, F.S. (1992 Supp.), would . apply to municipalities, whether within the same county or different counties, as well as between oounties. 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 Palm 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 ourrent year. © 2012 Thomson Reuters. No Claim to Orig. US Gov, Wotics. Fla. AGO 92-74, 1992 WL 527484 (F1a.A.G,) Sincerely, *3 Robert A. Butterworth Attorney General THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. cFN11 Cf., ss. 205,032 and. 205.033 F.S., regarding the levy of occupational license taxes by counties. Page 3 jFN21 See, jn re Qrder on Prosecution of Criminal Appeals by Tenth. Judicial Circuit Public Defender, 561 So,2d 1130 (Fla. 1990) (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. 1987) (unless otherwise defined or limited by manifest legislative intent, statutory language is to be given its plain and ordinary meaning). JFN31 See, Final Bill Analysis and Economic Impact Statement on CS/BB 1731 (which contained language identical to that passed in s. 32, Ch. 92-203, Laws of Florida), Florida I cruse of Representatives Committee on Regulatory Reform, dated April 15,1992. TFN41 See, Final Bill Analysis and Economic Impact Statement of the Florida House of Representative Committee on Regulatory Reform on HD 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. Fla. AGO 92-74, 1992 WL 527484 (F1a.A.G.) END OF DOCUMENT © 2012 Thomson Reuters. No Clair. to Orig. US Gov, Works. W4s\N•, Fla. AGO 93-19,1993 WL 361719 (F1a.A.G.) Fla, AGO 93-19,1993 WL 361719 (F1a.A.G.) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. �ACKUP T THE ENDOFORIGINAL THIS CAN BE SEE DOCUMENT. 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. Regulations. 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 "regulated" within the scope of s. 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 oocupational 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, an 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 contractor 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 RS. (1992 Supp,), from im- 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, RS. (1992 Supp,). C 2012 Thomson Reuters. No Claim to Orig. US Gov. Works. -I Pia. AGO 93-19, 1993 WL 361719 (P1a.A.G.) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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- otherjurisdiction where he or she has a permanent business location. [FN11 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 s. 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. [FN2) The Supreme Court of Florida has itself utilized the dictionary definition of the term "regulate," i.e., "to direct by rule or re- striction."[FN31 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"fPN4j 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, P.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. JFNS] 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 jurisdiction."[FN6] In contrast, a " r egistered contractor" is "any contractor who has registered with the department pursuant to fulfilling the competency requirements in the jurisdiction for which the registration is issued"JFN71 Registered contractors are only authorized to contract iii the area specified in their registration, i.e,, a particular county or municipality. [PN8] The Construction Industry Licensing I3oard (the "board") is authorized to adopt rules establishing reasonable fees to be paid for applications, examination, certification and renewal, registration and renewal, and for recordmaldng and reoordkeeping. [FN91 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 Stipp), to be regulations imposed on the construction industry as a whole. JFN111 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."[FN12j. Registrants are required, prior to issuance of registration, to submit the required fee and file evidence, in a form provided by the department, of holding a current local oc- oupational 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., aro 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 reeeived from government entities, bank statements, canceled ohecics, 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. fla'N131 C 2012 Thomson Reuters. No Claire to Orig. US Gov. Works. Fla. AGO 93-19, 1993 WL 361719 (Fla.A,G.) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. *3 Pursuant to the statute, no person shall: (a) Falsely hold himself or a business organization out as a licensee, certifioateholder, or registrant; (b) Falsely impersonate a certifioateholder or registrant; (c) Present as his own the certificate or registration of another; Page 3 (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[. f FN14J Violations of this statute are classed as misdemeanors of the first degree. f FN15I Further, the board is authorized to: [Itjevolce, 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 contraotor if the contractor , , , is found guilty of any of the following acts: (a) Obtaining a oertificate 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 certifioateholder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered. , .. rpm .61 In 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 my opinion that 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 f FN 11 Cf., AGO 92-74 (a municipality 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 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 whore its permanent business location or branch office is located for the current year). LFN2)Pedersen v. Green, 105 So.2d 1. 4 (Fla. 1958). And see, Carson v. Miller, 370 So.2d 10 (Fla. 1979), and Phil's Yellow Taxi Co. v. Carter. 134 So.2d 230 (Fla. 1961), for the proposition that plain and ordinary language should be accorded its plain, ordinary meaning. © 2012 Thomson. Reuters. No Claim to Orig. US Gov. Works, Fla, AGO 93-19,1993 WL, 361719 (Pla,A.G.) THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Page 4 1FN31State ex rel. Hollywood 1'ockey Club v. Stein. 182 So. 863,867 (Pia, 1938) (""Regulate' is defined by Webster to mean 'to direct by rule or restriction,' , .. ,), [FN4)Makos v. Prince, 64 So.2d 670, 673 (Fla. 1953). J'FNSjSeotion.489.113(2), P.S. (1992 Supp.). [FN61Section 489,105(8). F,S. (1992 Supp.). LFN71Seotion 489.105(10), RS, (1992 Supp.), fFN81Id. And see, s. 489.117(2), F.S. (1992 Supp,), which states that "[rjegistration allows the registrant to engage in contracting only in the counties, municipalities, or development districts where he has complied with all local li- censing requirements and only fox the type of work covered by the registration." ,[FN91Sectiort 489.109(1), P.S. (1992 Supp.). [FN 1011d, jj'FN11] And see, s. 489.131(1). F.S. (1992 Supp.), which states that "[tjhis part applies to all contractors .. , ." [PN12)Section 489.115(4), F.S. (1992 Supp.). jFN131Section 489.1.24, F,S. (1992 Supp.). [FN14JSection 489.127(1), F.S, (1992 Supp.), £FN15]Section 489.127(2), F.S. (1992 Supp.). IFN161Section.489,129(1), F,S, (1992 Supp,), Fla. AGO 93-19, 1993 WL 361719 (F1a.A.G.) END OF DOCUMENT O 2012 Thomson Reuters. No Clam. to Orig. US Gov. Works. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. EXHIBIT E Florida License Search as of 12/05/12 showing MCM's license as "current active" Ulan Licensing roam - License a(iercri 1N31NnJoa SIH13O CIN3 3H11V N33S 38 NVJ 1VNISI lO 'IVNIDRIO 01 NOI1ntfS8nS V SI 1N31A1f1JOO SIHI 3:43:16 PM 12/5/2012 Data Contained In Search Results Is Current As Of 12105/21012 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 MUNMLLA CONSTRUCTION MANAGEMENT CORP License Location Address*: Name license Type Number/ Rank Primary Business Info S846 SW 81ST ST MIAMX, FL 33143 Main Address*: 6201 SW 70 ST 2ND FLOOR MIAMI, FL 33143 Construction Business Information ,MUNILLA OONSTRUC'i`ION MANAGEMENT LLC Status/Expires Current, Active Primary Business Current, Active Info Main Address*a 6201 SW 70TH STREET 2 FLOOR MIAMI, FL 33143 *denotes Main Address - This address is the Prlrnary Address on•file, Mailing Address, - This is the address Mere the mail associated with a particular license will be sent Of different from the Main or License Location addresses). License Location Address - This Is the address where the place of business is physically located, rtr�lei.,•te.S...1..11..nr, e•-I ea•RU 14e s Yr-.r- .,11: ln>f1r.. s Intl. ON ore rnn.,"1hi1 1. IY 11 ep 1.1).1.1111 sla, ly11 ap 16+..1•I.n. Fan III, r•.•ne,aa,IK.1. eef nul Jr luny 111.n1••an.a.l lrry 7,349North Monroe Street, Tallahassee F,LS2399:; Email: Customer contact Center;; Customer Contact Center! 850,487,1395 The State of Florida Is an, AA/EEO employer. Copyright, 2067w.4)10 State t f Finridaz P;luacy Statement Under Florida law, email addresses ore public records, If you do not want your email address released In response to e public -records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail, Iryou have any questions, please contact 850,487,1395. *Pursuant to Section 455,275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S, must provide the Department with an email address if they have one, The smalls 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 Chapter45S page to determine if you are affected by this change, https;//www.rnyflorldalioense,comlw117.asp?modem2&search-Name&BIDµ&brd=&typ; 1/1 Robertson, Kenneth From: Sent: To: Cc: Subject: Attachments: barbihernandez@gmail.com on behalf of Barbi Hernandez [barbi@aablawfirm.com] Tuesday, December 11, 2012 3:55 PM Robertson, Kenneth; J. Alfredo Armas Daniel Munilla PROTEST - Museum Park Baywaik & Promenade Phase II and III Project No.: ITB 11-12-027 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 72ndAvenue Suite 206 Miami, Florida 33155 (305) 661-2o2i (3o5) 661-2324 fax THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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. 1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ATTACHMENT 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. MICHAEL P. PETERSON ALEJANDRO ESPINO* jOSE I. BALDOR "Board Certified in Construction Law Mr. Kenneth Robertson Chief Procurement Officer City of Miami 444 SW 1st Ave., 6th Floor Miami, FL 33130 PETERSON 8c 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. MUNILLA MATTHEW MARANGES CESAR X. DELGADO VIA HAND DELIVERY c.a Re: Munilla Construction Management, LLC's Supplement to it _ ritt P I st Museum Park Baywalk and Promenade Phase I and II c Project No.: ITB 11-12-027 Dear Mr. Robertson: 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. I. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS December 13, 2012 DOCUMENT. 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. III. 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 1st 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: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS December 13, 2012 DOCUMENT. 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 ano indicado. Asegurar la renovation para el 1 ro de Octubre es la responsabilidad del negocio. Para mas informacion puede Ilamar al: (305) 416-1570 o (305) 416-1918. Souple pran net ke Resi Enpo pou Biznis-sa ap exspire 30 8eptan-m ane sa men-m nan lis la. Se responsab`lite dirijan Biznis sa pou li renouvle-1 Pwemie Oktob kap vini. Si ou bezwen plis enfemasiyon sou zafe sa , pa bliye 416-1570 ou byen (305) 416-1918. It.t.21-SLOY d► NOV 0 2 2009 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Par Saj�#icef THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ue e e de l io indicad° nsabAided del negoc o. 3'05i 416-1918. Tee Receipt expires on September 30t" -of the Irma renewal by October 1st is the responsiatlitYof r Information you may call: (305) 416-1570 or (305) e ibibo de Impuesto pars Negoclo se vence el 30 de segurar .la renovaclon pars el Ira de Oc ubre es la ara mks I°nformacian puede flamer al. (305) 416.1570 Soulple pran not ke Resi Enpoyou aim -as -se ap exspire 30 Septan-m ape sa men-m nal its la. Se responaablite dirijan Biznis sa pou it renouvle-I Pwemlie Oktob kap via, l ou bezwen pii enf masiiyon sou zati a ,pa blhye•reie-n n (305) 416-1570 ou byen (3:05�) 416.1918. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 afio indicado. Asegurar to renovacion pars el fro de Octubre es Ia, responsabilidad del negocio. Para mas inforrnacion puede llarnar al. (305) 416-1570 o (305) 416-1918. Souple pran n©t ke Resi Enpo pou Biznis-sa ap exspire 30 Septan-m ane sa men-m nan lis la. Se responsablite dirijan Biznis sa pou it renouvle-1 Pwemle Oktob kap vini. Si ou bezwen plis enfomasiyon sou zafe sa , pa bliye rele nan (305) 416-1570 ou byen (305) 416-1918. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. DO NOT FORWARD MCM JORGE MUNILLA 6201 SW 70 ST Z FL MIAMI FL 33143 Ili 111111331 13 SEE OTHER SIDE THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. TRANSFER OF BUSINESSIOWNER * • z NEW BUSS NAME (PLEASE PRINT) PURCHASER NAME (PLEASE PRINT) PURCHASER SIGNATURE SELLER NAME (PLEASE PRINT) SELLER SIGNAT CITY 13USliN INFORMATION REGARDING YOUR LOCAL. BUSINESS TAX RECEIPT THE TAX COLLECTOR MUST BE NOTIFIED al 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) 2704549, IF RECEIPT IS LOST OR DESTROYED ONLY ONE (I ) DUPLICATE RECEIPT MU BE ISSUED. LOCAL BUSINESS TAXES ARE SUBJECT TO CHANGE ACCORDING TO LAW, VISIT WWW.MIAM1DADEGOV ESS TAX RECEPT MAY ALSO BE REQUIRE/ THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN ATTHE END OF THIS DOCUMENT. 00 NOT FORWARD MCM JORGE MUNILLA 6201 SW 70 ST 2 FL MIAMI FL 33143 SEE OTHER SIDE 646401-0 BUSMCMINESS NAME LOCATION 1429 SW 1 ST 33135 MIAMI OWNER MUNI LA CONSTRUCTION MANG. LLC Sec6iT4p_qs. e oi_eLing* GENERAsL 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 }OLDER FROM ANY OTHER PERMIT OR LICENSE REQUIRED BY LAW„ THIS IS NOT A CERTIRCATION OF THE HOLDER'S QUALIFICA- TIONS_ PAYMENT RECEIVED MIAMI-DADE COUNTY TAX COLLECTOR: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. yt.? .1W , • THIS IS NOT A BILL — DO NOT PAY 07127/2011 600000O0456 SEE OTHER SIDE WORKER'S 113 DO NOT FORWARD MCM JORGE MUNILLA 6201 SW 70 ST 2 FL MIAMI FL 33143 74 FIRST -.CLASS U.S POSTAGE • PAID MAIM, FL PERMIT Na 231 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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 PRINT). SELLER 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. Loit'AL,Bil4NIE:ZS TAXES ARE SUBJECT TO CFANG4'0(..ORDING TO LAW. 41411j WWW !MAI DAD E. GOV • r, • ' kv•-'4',14 '7,," re,T, r4 A CERTIFICATE OF USE AND / OR CITY BUSINESS TAX RECEIPT MAY ALSO BE REQUIRED. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 3 SESSION 2 EX1UAF y Enterprise i EC_ 673277-1 LOCAL RU,JNLS`; 7i"X MYMEaS T HISTORY CU a1!iils` `rS NAME: MCM A!<:+r. ; 1429 SW 1 ST .F:r /t. 1 072711 60000000456 1 071410 60040001079 1 070109 02250042001 ¢ OLL ! <C4 ! r ''i ! 07/2012 - E 07/2011 1 07/2010 P t DATE j 07/28/2011 •K 07/15/2010 i 07/02/2009• PAI!J inf 1 45.00 [ 45.00 I 90.00 i i y �.. ��i f H�'a s:-. ESP VI I.f Tay , y I ( 4 5. 00 sR.!'tZO ST: I FULL PAYMENT f FULL PAYMENT. I FULL PAYMENT -" I P'i T I. k 1 C.ANCI:t REASON. E 'r-3 MEr\Li .,I EAR PFtEV ..}CR P'F.S#CO3!T, N1,'E PFi rEH)ND 1hlQA ALL PAYMENTS HAVE BEEN DISPLAYED RES . SESS1ON3 EXAM® Enterprise EY {`aE E�T'ai 673277-1 LaJEAL EHFI: INESS TAk PAYMENT HIsTORy U It.!f'ai `t:x1E: MCM A!.'ti R: 1429 SW 1 S 120512-02270113001 /YYYY S 122/2013 AT 1 12/06/2012 C. ti+ENAtT' AM IRAH8 FEE'. PALN100-5 VAS AMT DOL. R.OPLjNO ST: t3�rE1^iR'Yi>8T t AN(E . REASOH i f 4."tl!!- )• ci'•. AR PF.;; ej 5t,.l' P7ii "Owi THERE,. ARE MORE PAYMENTS. PRESS -.PF-8- TO VIEW THEM. • PULL PAYmEFfE 080912 60030000201 111511 02270157001 08/2013 11/2012 08/10/2012 11/16/2011 4.50 45.00 4. 50 FULL PAYMENT FULL PAYMENT ., N: E 4.50 4.50 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCU M ENT. itOVtry0itimAwp:VAWAI DO NOT FORWARD MCM JORGE MUNILLA PRES 6201 SW 70 ST 2FL SOUTH MIAMI FL 33143 • /11111}3111113111111111111111 I 3 ] 1 THIS DOCUMENT 1S A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. DO NOT FORWARD M C M JORGE MUNILLA PRES 6201 SW 70 ST 2FL SOUTH MIAMI FL 33143 II.1II=#IlI3I}1III3IIIiI; .'!IlII SEE OTHER SIDE Item.ge Document Detail Report Ei" AROMATrorc 6201 SW 70 ST EFL oSOLF0fG TAMI na L A3 0 AO1LLA CONST MANAGEMENT LLD (305)541-Q000 0 I%JORGE= MUNILLA PRES 6601 SW 70 5T EFL SOUTH MIAMI FL 33143 0 0 tutCS: MSSItYN AI w.0.,45 KA Ate M. gs?%FA 1u.IIC?n tM fHdt t(a111C 4..4. pCE(.1.01 U OCh?11.1 CY.,FC[a (l. 1MLMCA lel I WWI iM I 'I* 4.0...1M..3 Airt`id'rtil'1"r• 1 6t Off Amount Due: Year Last Digit eill Code Bill Type Penalty Flagg Pay Typo Pay Year Municipality LiconseN Gross Amt Misc Amt Recr iptN Coll. Month [�Jfi CA'w Gu av4!! 4! D&r (1v( WW1,. u.�1 56.25 MIAMI • DADE COUNTY - STATE OF FLORIDA Ai Ni ICAn t�� LOCAL nUSINESS TAX (RENEWAL) 201 1-E016 sus, cOMMENceMEN eATE: RECEIPT 149838-S sec rare op mnamss STATE 5 CNC1513B09M0UNT 00/0000 196 GENERAL BUILDING CONTRACTOR 10 WDRM.ER/S LET tINCL 6CD.DCV.) AMODU r DUE' L.-INCLUDES-PENALTY 56,25 AN ADDITIONAL $100.00 DELINQUENT PENALTY WILL PE ADDED AFTER ;2O1JAnNUARY 31 2r?1E 0 00 1490385 00004500 00000000 0000:7'6I 01 WitalaDi Amount Paid: FLGRIQA Stpaumr to m1.31 January 6, 2012 Pay:*•**********k******************r**a*****•**Fit TOME oFIOtS OP Amoun MIAMI DADE TAX COLLECTOR 140 W FLAGLER 1ST FLOOR MIAMI,FL 313 91765 91765 s*********56.2.5 x dollars and 25 cents sptlJ" t I N I,V /(1,6E tli, Ltn "'-Y6iWq:A1'ThM 1 MFr!II1 009>,76510 e:0&310E.1541000029495620u' Due: 0.00 Account Chick Number 051765 L"RDAFIA 05310215E DDA Account 1000029499620 Tran Cocio Amount 000000562 Reeaipt0 0000277 LAR 0 AmOi1nt Pai a 1 Date: Eff Date: Batch Num: Document ID: Transaction: Item Num: Sequence: Pocket ID: Batch Type: Station Date: Eff Date: Batch Num: Document ID: Transaction: Item Num: Sequence: Pocket ID: Batch Type: Station: 01/18/12 01/18/12 6000 1s CAR SeU 138 1 278 0 18 S/S CAR STA001 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 01/18/12 01/18/12 6000 CAR Kill C 138 2 279 7 18 S/6 CAR STA001 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ' sESS IN • uxrwir Emier,o'ise 14983 -5 081409 60000000534 08/2010 08/17/2O09 45.0 FULL PAYMENT aLL PAY 141Eid 1 3 HAVE EEEN DISPLAYED H "` A,l ,�:. M C M h'<.iJ4„ ; 6201 5w 70 5T 081508 60000000365 08/2009 08/ 18 / 2006 FULL PAYMENT 4S 0D 0817O7 60020000405 08/2003 08/20/2007 FULL PAYMENT 45.00 141 •`S vALID t G'�15r AOPLE i Air; f a ni,, i ` i €:? 07,11722 600100007451 • I Oa /2[715 OB 2 12r FULL PAYMENT I, f .i'itA. P 1a 'ur MORE PAYC-SEN'>f S r LSS-4,:t4,1, r• ,(..tAybt ! L i r.i-gyF , ;rs; r 6201 jti 70 ST 011312 60000000276 1 071410 10 60040001073 1 Er i f 2012 1 e S +``3011 01f10)2012 1 07/15,/2010. 11, 25 FeJL PAYMENT q. E:w•T a-i al I FULL PAYMENT lo Page: 1 Document Name: untitled DATE: 12/04/2012 TIME: 14:32:58 ACCOUNT FILE MAINTENANCE LOCAL BUSINESS TAX LBTR YEAR: 2013 OCLM0317 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 LBT RCPT SEC TYPE AMOUNT -DUE D/R PD LEGAL INSP-ID INSP-DATE HOLD-LIC X 735283-4 196 BLDG1 168.75 U F1=MENU CLEAR=PREVSCREEN F4=MORERCT ENTER=RCT F9=UPD F12=PAPPL F13=PTX THIS DOCUMENT ISA SUBSTITUTION TO ORIGINAL, BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. PG 1 Date: 12/4/2012 Time: 2:33:47 PM X X X X X X X X 7C X X X X X 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.#: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. Hagler St. - 1st Floor Miami. Florida 33130 TEMPORARY RECEIPT 2012-2013 LOCAL BUSINESS TAX Local Business Tax#:00735283-4 State/CC#:CGC1513804 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 2013. • 4,.'.!ttt,„:1,,i7 loQutp• 707409..0 • 05/2009 1rr t,1 • 12/04/2012H .• „„i•. ICA . • • . • 1.42e SW 1 sT 33135• • . HUN' •01 so •p4410,.1-1r,, -L• 355 541,0000. NUOILLA• Joku5. • 8251 SW 70.ST 2 F..L. • • • ,C.i".7"4 . FL HoNE 05 000006 11J E 59 287340.9- • 01 4102 666•• 0620 • P',11.,,,,"11A4.iY 12/04/2012. • 14611 t:Cc 1? P'5,-; • n440 uri.T t..1/1f 7:4 108 8060Li. 180 70 1 ktEW.•CL 00 00v8c A 1.4'A W.E c • .f 2 R1T 13- 0 041 t':4(n /2012 . 8- 48 54 Ott11,W.01 • 1014.00-10. MtH' t6Cr.',L 11100 so ujoto, %Lt,,.f.' 2o1,7 PE7i;'EPT 1429 SW 1 ST A.• A .14.4 t; A IDA; 4.1191 00t1.P1 • 1.:$2811-,-8• • AE.0 - -00144400V 05/2000 t'.4,,,,t.W,,-1.VP-D1iq 113 1210412912 • • .. STA1:1J.• rkoolt .12/04/2012 11:ILI.,,-1.-0.T.E. 00113010.000 . • 800. il-YVI-• • 110P8 •1130,8.00107. li 544 104H1010• 1124.50 16. OC,.01 5 851.4.ERAL• OUIL:61tit 6001ACTOR • tOrri'..181. 45,00. ...',000 ttA: Y 1X1w,-.011. 11,25 8TA1t- t6c18138.64• CC • .„.„.,...,_..„:.,,,, •H•,01„:0 , • 51'..,1 6.0t N. , Cia L'''..,N.1 MP7- CO- . • . .. • v151 -1° '- ,.„. 8 vr„:„. ,. At- • , 00. 0:1r i 11,,,..1.7.:.51RtZ0h1f.4 0100i 1.4••: . ..,...:.... ••4•JI•1-• 01.41'1 • • _ • 1V41411$0 - • • AO , Oil 140),.. 0, • k PP116 .A000 - APt AD„:;Usj " • ..„ act• i....rAt. . .4A14111"114,7 g• . 11180010.10,. • 0A01401 ,01:1 084\i-..,0-.T:;.. '..1.000 2612 58,15 vf-,7,Ak 2011 56:25 I.O.'"AL - • 168,75 1.0 . OG 1 111A0r-0R0A . T R. AW - 1.6. Oki 6- 006 DU0 • i68, iS N.AT.t..„S ' 1.0t01 299 P I mt NUL.LE'P1111 1i10 THIS DOCUMENT |SASUBSTITUTION TO ORIGINAL, BACKUP ORIGINAL CAN 8ESEEN ATTHE END 0FTHIS ATTACHMENT 3 THIS DOCUMENT |SASUBSTITUTION TO ORIGINAL, BACKUP ORIGINAL CAN 8ESEEN ATTHE END OFTHIS DOCUMENT. ^ DATE, INVOICE NO. DESCRIPTION INVOICE AMOUNT DEDUCTION -�-- BALANCE ME SO MO ;'7- -7517F | | | ` THIS DOCUMENT |6ASUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BESEEN ATTHE END 0FTHIS DOCUMENT. ATTACHMENT 4 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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: 2:00P M BIDDER BASE BID BID BOND (ER) AMOUNT CASHIER'S CHECK 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 5% ......._......, .. . ___ " 0 4.:!1 '''':' ,1: . ii} : Or .ri ';:',..'72, ..:: ' ' r. V , .."' " ... fi.'::1, ,f,',. '': F;-:::-.1 .., c.2! 111,-..f....? f:•;,:;.y , ,. ...- (..,'.;:....1::-.,1; ofle:vzt ;;;,, :',,-,:-'' '''..-.:'•;: '':::` V -:' :,,.:', ;":,:r. :,;''',) :0 i, f:, R..:,5 ::7!•::11,14::;!Mk'il„ if map exe ii:ao:(12' 'fE 1862 i..;'. :..ird C,.7,S ,i•::,L i flT,'" • , P Person Receiving Bid(s) on 0(23120/2__ Today's Date receiv a (5) b'd(s) on behalf Capital Improvement Pram City Department PREPARED BY: eputy City Clerk THIS DOCUMENT ISAQJBSTDUTVN TOORIGINAL, BACKUP ORIGINAL CAN BESEEN ATTHE END OFTHIS ATTACHMENT 5 Robertson, Kenneth THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. From: Robertson, Kenneth Sent: Friday, November 30, 2012 2:58 PM To: Robertson, Kenneth Subject: Miami -Dade County Business Tax Department Phone Call As posted on Miami -Dade County's Local Business Tax Website: http://www.miamidade.gov/taxcollector/local-business-tax.asp#11 Local Business Tax Local business taxes (formerly known as occupational licenses) vary depending on the nature of business. A receipt is required for each place of business and for each separate classification at the same location. Receipts are transferable when there is a change of ownership, business location or trade name. -County and incorporated municipalities require Local Business Tax Receipts for each place of business, and for each separate classification at the same location [emphasis added]. - A business located within a municipality is required to obtain both a city receipt and a County receipt [emphasis added]. -The County issues Local Business Tax Receipts for one year, beginning October 1 and expiring on September 30 of each 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 the following: business name or ownership, location, number of employees, equipment, machines or any other contingency. Record Search & Tax Verification Information regarding current business records and related information -- such as location, 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 305-270-4949 to obtain information or verify the status of a Miami -Dade County local business tax record. There is a limit of two records or names per call. The information provided by phone is free of charge. However, research of prior year records for local business tax records is not available by phone. Please note: only two prior years are kept on record. 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. 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 1429 SW 1 Street, Miami, FL 33135. This e-mail is being sent to document the phone call and information relayed. 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 Website: http://www.miamigov.com/procurement/ THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL, BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 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-mall communication may be subject to public disclosure. 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. ATTACHMENT 6 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. + MIAMI - DADE COUNTY — STATE OF FLORIDA 6464010 BUSINESS LOCATION: 6201 SW 70 SOUTH MMlIAMM7: OWNER / CORP. ivLUNILLA CONSTRUCTION PHONE #: (305) 541--0000 IV CN _24,JORGE MUMILLI 1,201 SW 70 ST 2 FL MIAs FL 3143 NAICS: APALICATION:iS PERMIT-I=OR -; HEFIEON. 1 HAV Ohl Ti HS RECEI SiC,.NA`'U6RE RE �E ST 2 FL I..;.1 BUSIN=SS TAX E1ECEIPr OliS 3:..I OR OCC PATION DESCRIHED•,i• i NINO R '-TRICF1ONS'1MPOSED' ATION I. TRUE AND CORRECT. LOCAL BUSINESS TAX to :� — t i I EAPPUCATION BUS COMMENCEMENT DATE: SEC TYPE OF BUSINESS 196 GENERAL BUILDING CONTRACTOR 33143 10 WORKER/5 M1c NG LLC TRANSFER RECEIPT 11 6732 1 nTATE4 I_1301513804 06 f 2009 AMOUNT AIVI !`I I'DtiAMOUNT -i . '�50 .n O 20111115 YOUR CURRENT RECEIPT (NOT A COPY) MUST BE SUBMITTED WITH THIS PAYMENT. 20600 0000 006732771 00000450 00000000 THIS DOCUMENT 0ASUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BESEEN ATTHE END OFTHIS DOCUMENT. ATTACHMENT 7 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. BUSINESS LEASE THIS LEASE, made effective the 1st day of May 2009 by and between 1429, LLC, (hereinafter called "Landlord"), and MUNILLA CONSTRUCTION MANAGEMENT, LLC, (hereinafter called "Tenant"): 1. PREMISES: Landlord hereby lets unto Tenant and Tenant hereby leases from Landlord, subject to and pursuant to the terms and conditions hereof, thefollowing described Premises (hereinafter referred to as the. "Premises")1429 SW 1" Street - first floor, Miami, Florida 33135 2. USE; The Premises shall be used for the following purposes: Tenants operations including, but not limited to administrative se vioes and ancillary operations, 3. TERM; This Lease shall be for a term of five years commencing on the 1st day of May 2009 and shall terminate on the last day of April 2014 (the "Tenn"), 4. RENT: The agreed tent for the entire term of this lease shall bo valuable considerations and. promises mutually exchanged between the parties, the sufficiency of which is hereby acknowledged, such cdnsideration include but are not limited to MCM's administration, inclusive of any repairs of the rental real estate owned by Landlord and its brother companies, including 1401 Professional Center, owner of contiguous properties to the east of the subject premises, 5. TENANT'S OCCUPANCY: Tenant shall promptly execute and oomply with all statutes, ordinances, rules, orders, regulations and requirements of all federal, state, county and City governments, and of all their departments and bureaus, applicable to the Premises for the correction, prevention, and abatement of Premises, during the tent of this Lease, or' any renewal term hereof., B, NO WARRANTIES: Tenant has examined the Premises and is familiar with the condition thereof, and accepts the same in their present condition, 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 MCM. 8. SUBORDINATION: This Lease is subject and subordinate- to all ground or underlying leases and to all mortgages in any amount, and all advances thereon, winch 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 OP LANDLORD; The Landlord shall not be liable or responsible for any damages or loss either to person or properly, sustained by Tenant or by other persons, due to the building or any part thereof becoming defective or out of repair, due to any aooident in or upon the Premises, or due to the act or neglect of any Tenant or occupantof 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 any Landlord's agents or designees, shall have the right, without prior notice, to enter upon the Premises at all reasonable Irma, and in emergencies at all tunes, to examine or inspect the same ormake any repairs, additions. or alterations deemed necessary for the safety, comfort or preservation of the Premises or of the building, to exhibit the Premises, to repair any property owned or controlled by Landlord, or for any other lawful reason, Said right of entry shall likewise exist for the purposes of removing placards signs, fixtures, alterations 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.Tcnants and to post any signs upon the Premises. 12. LANDLORD ACTING FOR TENANT: Whenever, 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, eause said act to bo 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 demand therefor by Landlord, but, notwithstanding the previous provisions of this, Landlord shall be under no obligation to platform any snail act or expend any such money. 13. SALE OF BUILDING: In the event of a sale of the building or Premises by Landlord, Landlord shall bo 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 located, 15. LAW: This agreement shall be construed by the laws of State of Florida, venue for the enforcement hereof shall be in the courts of Miami -Dade County, Florida, 16, RELATIONSHIP: Nothing contained in this Lease shall be 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: Tenant including Tenant's officers, agents, employees, or customers shall park in the parking spaces and areas designated by Landlord, 15. Waste Disposal; Tenant agrees to comply with all federal, state, and local laws, as wall as all governmental authorities that regulate the disposal of bio-hazardous and/or bio-medical waste, Tenant agrees to contract, at their expense, a licensed bio-hazardous and/or biomedical disposal company. Tenant aoknowledges that waste containers located and provided on the property by owner are to he used only for paper products and other non bio-hazardous and/or non-bio-medical waste Executed on the date above first written. AGREED, ACKNuWLEDGED AND ACCEPTED, By Manilla Co nation M n. gement, LLC. Jorge MuIailla, P sidetit By Juan Munilla, pager SUBSTITUTED CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Johnny Martinez, P.E. DATE: October 9, 2012 FILE: City Manager SUBJECT: Recommendation of Award Museum Park Baywalk and Promenade PH II and III, B-30568 FROM: Mark Sp.; ioli, P•E. REFERENCES: ITB 11-12-027 irector apital Imprs ements Program ENCLOSURES: Bid Security List, Best and Final letters, PAF Recommendation Based on the findings below, Cap `'•;I Improvements Program hereby recommends the Project be awarded to Munilla Construction Man- -ment, LLC, d/b/a MCM, who has been determined to be the lowest responsive and responsible bidde .r ITB 11-12-027 Museum Park Baywalk and Promenade PH II and III. Background Capital Improvements Program (CIP) received - e (5) bids on August 23, 2012, in response to the solicitation for the Museum Park Baywalk and menade PH II and III, which are reflected on the attached Bid Security List. Bidders as of the Bid Du = sate shall hold a current active certified license as a General Contractor from the State of Florida and m °; have a minimum of eight (8) years experience under its current business name, in the construction o ;•imilar projects (including public space, park, streetscape and site/civil construction), with five (5) separa verifiable project references from the project owner's representative, for Completed Projects as the Pri Contractor, of similar size, scope, and complexity, within the past seven (7) years. Two of these p ects must have been performed within Miami-Dade/Broward/Palm Beach County area of Florida, In addition, the Bidder must have experience In a minimum of at lea °: o (2) of the following: installation of concrete and paver walkways in excess of 15,000 sq ft,; earth, •rks, water main and drainage Infrastructure and installation of lighting and electrical equipment; and a imum of at least one (1) of the following: landscaping (including establishment of temporary nurseries anee relocation) installation of irrigation systems and sod construction of areas in excess of three (3) acres. The Bidder must also provide a one page resume for both the Project Man. -r and Superintendant assigned to this project with three (3) reference letters which are to be complete the project owner, utilizing the form available on the CIP website, Both individuals (e.g. the Projer. Manager and the Superintendent) must have at least five (5) years experience with projects of a simi size, scope and complexity within the past seven (7) years. 1 SUBSTITUTED IP staff had determined that FHP Tectonics, Inc., ("FHP"), is a responsive and responsible, non -local b der; and Munilla Construction Management, LLC, d/b/a MCM, ("MCM") a responsible local bidder, had su: ' itted a responsive bid within fifteen percent (15%) of FHP's bid and maintains a local office, as defin ' in City Code Section 18-73. In accor nce with Section 18-85(a) of the City of Miami Code, as amended, any responsible local bidder(s) °'o have submitted responsive bids within fifteen percent (15%°) of the non -local low bidder(s), are granted '° - opportunity to submit their "Best and Final" bid, equal to or lower than the non- local low bidder's origin bid amount. Each Bidder was t a letter dated September 5, 2012, instructing them to complete blank bid forms and submit two originals a sealed, addressed and dated envelope to the CIP office no later than September 12, 2012 at 5:00 p.m.,comply with the City's request. Additionally, stated as a uirement in an Addendum No. 5, both Bidders were asked to adhere to the Community Small Business':. nterprise ("CSBE") requirements of City Code Section 18-89, Ordinance No, 13331, by assigning a mini m of fifteen percent (15%) of the Contract value to respondent(s) or construction related enterprise •.,, currently certified by Miami -Dade County CSBE, as set forth in Sec. 10- 33.01and Sec. 10-33.02 of the Mi 1-Dade County Code prior to the recommendation of award. Both Bidders submitted a Best and 'nal bid within the seven day period. MCM's bid was the lowest consisting of a base bid amount of $4,',. 5,134,69 for PH II and a base bid amount of $2,763,741,85 for PH III for a combined total bid amount $7,618,876.54, which is a $730,581.28 reduction from their original bid price of$8,349,457,82. FHP's'. as second lowest at $7,641,706.26, a $101,284.81 reduction from their original bid price of $7,742,991.07 Not included as part of the total bid amoun for Phase II and Phase III of the project, were Bid Alternate/Add Alternate items, which are to be u . at the sole discretion of CIP on an as -needed basis. The Bidders were asked to submit unit pricing f'' these items on separate bid forms. Only the Add Alternate items have been selected and the pricing corporated Into The total contract amount, with a determination to be made by CIP after award, on which«' these items are to be utilized. Accordingly, CIP hereby requests approval of the re mendation of award to MCM, the lowest responsive and responsible bidder in the "Best and Fi ''4 " for the combined base bid amount of $7,618,876,54, (including a combined $50,000 total for perm''.,ee's) for Phases II and III, plus a total of $934,744,14, for the Add Alternate items for Phase II and Ph ~.- III to be used at CIP's sole authority, along with a ten percent (10%°) contingency of $855,362,07, fo total contract amount not to exceed $9,408,982.75, Upon approval of this recommendation, CIP will prepare the neces-. y legislation to have this award brought before the City Commission. Approved by: John, Martine City Uanager Attachments c: Alice Bravo, P.E., Assistant City Manager/Chief of Infrastructure Jeovanny Rodriguez, P.E„ Assistant Director, CIP