HomeMy WebLinkAboutR-03-0760J-03-588
06/30/03
RESOLUTION NO. 0 3— 1760
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCINDING RESOLUTION NO. 01-409, ADOPTED
MAY 10, 2001, IN ITS ENTIRETY AND TERMINATING
THE CONTRACT AWARDED TO BISCAYNE-HAVANA FIRE
AND SAFETY, INC., PURSUANT TO SAID
RESOLUTION, FOR THE ACQUISITION OF
INSPECTIONS, CERTIFICATIONS, TESTING,
REFILLING AND REPAIR SERVICES OF FIRE
EXTINGUISHERS.
WHEREAS, Resolution No. 01-409, adopted May 10, 2001,
awarded a bid to Biscayne -Havana Fire and Safety, Inc., for the
acquisition of inspections, certifications, testing, refilling
and repair services of fire extinguishers for the Department of
Purchasing for use by various City departments, on an as -needed
contract basis for a one-year period, with the option to renew
for two additional one-year periods; and
WHEREAS, the Purchasing Department has received notification
from the Miami -Dade County Office of Inspector General
("Inspector General") of an ongoing investigation into
allegations of criminal activity by Biscayne -Havana's President,
licensed qualifier, and the corporation; and
CITY C'OI�IMISSION
Pt.L i'T'G OF
,I U L 1 ? 2063
,buiu#ion No.
03-- 760
WHEREAS, based upon findings of the investigation conducted
by the Inspector General, in conjunction with the Miami -Dade
County State Attorney's Office, concerning Biscayne -Havana Fire
and Safety, and pursuant to Section 2.48 of the bid, the City of
Miami is exercising its right to terminate said contract and to
rescind Resolution No. 01-409, in its entirety;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. Resolution No. 01-409, adopted on May 10,
2003, is rescinded, in its entirety, and the contract awarded to
Biscayne -Havana Fire and Safety, pursuant to said Resolution for
the acquisition of inspections, certifications, testing,
refilling and repair services of fire extinguishers for the
Department of Purchasing for use citywide by various departments
is terminated.
Page 2 of 3 03— 760
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!'
PASSED AND ADOPTED this 17th day of July , 2003.
ATTEST:
�
f PRISCILLA . TH PSON
CITY CLERK
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SS :t
EL A. DIAZ, MAYOR
1/ If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 3 03-
760
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA -10
JUL - � 203
TO: Honorable Mayor DATE : FILE:
lebers of a City missio
SUBJECT: Resolution Terminating the Contract for
Inspection and Repair Services for Fire
Extinguishers - Citywide
FROM: REFERENCES: Bid No. 00-01-131
rriola Administrator/City Manager ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission terminate the contract, as described in
Resolution No. 01-409, adopted May 10, 2001, for the procurement of inspections, certifications,
testing, refilling and repair services of fire extinguishers for the Department of Purchasing for use by
various city departments from Biscayne Havana Fire and Safety, based on a memorandum received
from the Office of the Inspector General (see attached) regarding an on-going investigation into
allegations of criminal activity involving Biscayne -Havana Fire and Safety.
BACKGROUND
On May 10, 2001, the City Commission awarded, under Resolution No. 01-409, Biscayne Havana Fire
and Safety, the contract for inspections, certifications, testing, refilling and repair services of fire
extinguishers, on an as needed contract basis, pursuant to Bid No. 00-01-131.
The Purchasing Department has received notification from the Office of Inspector General Miami -
Dade County of an ongoing investigation into allegations of criminal activity by Biscayne Havana"s
president, Dallas Chrans, Biscayne -Havana's licensed qualifier, Scott Knight and Biscayne -Havana,
the corporation.
Based on the findings of the investigation conducted by Miami -Dade County's Office of the Inspector
General in conjunction with the Miami -Dade State Attorney's Office concerning Bid No. 00-01-131,
and pursuant to Section 2.42 of the bid, the City is hereby exercising its right to terminate the contract
with Biscayne -Havana Fire and Safety for the provision of inspection and repair services to fire
extinguishers for various city departments.
JA/LMH/G AR/ms
ResoMemo
03- 760
r
J-01-341
4/25/01
RESOLUTION NO. 01— 4 0
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE BID OF BISCAYNE HAVANA FIRE AND
SAFETY FOR THE ACQUISITION OF INSPECTIONS,
CERTIFICATIONS, TESTING, REFILLING AND REPAIR
SERVICES OF FIRE EXTINGUISHERS FOR THE
DEPARTMENT OF PURCHASING FOR USE BY VARIOUS
CITY DEPARTMENTS, ON AN AS -NEEDED CONTRACT
BASIS FOR ONE YEAR, WITH THE OPTION TO RENEW
FOR TWO ADDITIONAL. ONE-YEAR PERIODS;
ALLOCATING FUNDS FROM EACH OF THE OPERATING
BUDGETS OF VARIOUS USER DEPARTMENTS, SUBJECT
TO BUDGETARY APPROVAL.
WHEREAS, the Department of Purchasing requires the
acquisition of inspections, certifications, testing, refilling
and repair services of fire extinguishers for use Citywide; and
WHEREAS, pursuant to public notice, Invitation for Bids
No. 00-01-131 was mailed to fourteen potential bidders; and
WHEREAS, three bids were received on April 2, 2001; and
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WHEREAS, the City Manager and the Director of the Department
of Purchasing recommend that the bid received from Biscayne
Havana Fire and Safety, be accepted as the lowest and resp?nsible
bid; and
WHEREAS, funds are available from each of the budgets of the
various user departments, subject to budgetary approval;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The April 2, 2001 bid received from Biscayne
Havana Fire -and Safety for the acquisition of inspections,
certifications, testing, refilling and repair services of fire
extinguishers for the Department of Purchasing for use by various
City departments, on an as -needed contract basis for one year,
with the option to renew for two additional one-year periods, is
accepted, with funds allocated from each of the budgets of the
various user departments, subject to budgetary approval.
03- 760
Page 2 of 3
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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor J1
PASSED AND ADOPTED this 10th day of may 2001.
JOE CAROLLO, MAYOR
in accoeftm vft Mom Code Sec. 24%. shoe the W&W dkt nct kapp"-1 of
Vils legWation by sip" it in the des' said ies;i�: .v
..=. ra es etteme wah the elapse df ten ) da.e i Comm..: •n
wdbV smne, wit W the M
ATTEST: " t
WALTER J. FOEMAN
CITY CLERK
AND CORRECTNESS:
CITY ATTORIIEY
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J.
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall became effective
immediately upon override of the veto by the City Commission.a, _ r7 `a O
Page 3 of 3
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06/03/03 TUE 09:29 FAX 305 579 2656 NIA DADE INSPECTOR GNRAL IM002
Biscayne Biding
19 WW Ftagter SL, Suite 220
Waml, FL 33130
Phone (305) 3751946
Fax (305) 579-2656
wwwaian ick dd6gg.aag
Memorandum
To:J�_
Alan %W%, rz
DPW' r General
From: Dylan J. Hughes:po
Special Age&
Date: April 24, 2003
Re: SAO Public Coiru ption Case member 64-03-36
Biscayne -Havanna I11re & Safrty FWgme2t Co., INC
On January 16, 2003, 'The Office of the Inspector General (OIG) in conjunction with
the Miami -Dade Counts State Attorney's Office (SAO) commenced an investigation
into the allegations ar criminal activity by Biscayne -Havana's president, Dallas
Chrans, Biscayne -Havana's licensed qualifier, Scott Knight and Biscayne -Havana,
the corporation.
During the investigation, Special Agents of the OIG discovered that Biscayne -
Havana's licensed quel'rfier, Soon Knight fraudulently obtained his State of Florida
Portable Fire Equipment Dealer's license number 94454300012000 and Pre -
Engineered Dealer's license number 94464300052000 by submitting applications for
the licens�ss to the State of Florida with fraudulent information. In section two (2) of
the applications Scott <night provided a sworn statement that he has never been
convicted of, or pleaded nob contendere to a felony.
Florida State Statute (FSS) 633.061(1) states in part, "it is unlawful for any
organization or indiviaival to engage in the business of servicing, repairing,
recharging, testing, rnaricing, inspecting, installing, or hydra-teefing any fire
extinguisher or pre -enc ineered system in this state except for in conformity with the
provisions of this chapter. Each organization or individual that engages in such
activity must possess a valid and subsisting license issued by the State Fire Marshal.
All fire extinguishers and pre-engineered systems required by statute or by rule must
be serviced by an orcanization or individual licensed under the provisions of this
chapter."
03- 760
06/03/03 TUE 09:29 FAX 305 579 2656 MIA DADE INSPECTOR GNRAL
FSS 633.061(3) (c) 6.c., states in part `As a prerequisite to licensure an applicant
must not have been convicted of, or pled nolo contender to, any felony. If an
applicant has been convicted of any such felony, the applicant must comply with s.
112.011(1) (b).'
Records from the Circuit Court, in and for Broward County, Florida, revealed that on
Manch 4, 1996, Scott Knight entered a plea of nolo contendere to Grand Theft, a
felony of the third degree in reference to case number 95022000CF10A. Knight was
sentenced to probation The facts supporting this conviction reveal that Knight was
employed by the victim, City Fre, Incorporated, as a fire extinguisher serviceman and
committed the theft while ailing in his official capacity.
On May 1, 1997, Scott Knight entered a plea of guilty in a second Broward County
felony case, 96022791 %CF10A. In this second case, Scott Knight also admitted to
violating his probation related to 95-22000CF10A, due to the new case. The Court
accepted his plea, and adjudicated Knight guilty in both cases. The facts supporting
this second conviction reveal that Knight was employed by the same victim, City Fire,
Incorporated, as a fire extinguisher serviceman and again committed this second
felony while acting in his official capacity. Therefore, Scott Knight has been a
convicted felon since May 1, 1997.
Biscayne -Havana subrr itted _Scott Knights fraudulently obtained State licenses in a
bid package to the City of Miami. Possession of a valid State License was a condition
precedent to the City c f Miami bid award. Continued possession of a valid State
License is a material requirement of the City of Miami contract. On May 10, 2001,
based on Scott Knights illegally obtained fire equipment dealer's license submitted by
Dallas Chrans, the Cite of Miami awarded Biscayne -Havana, contract number 00-
010131. Since that date, Biscayne -Havana has been illegally servicing fire
extinguishers pursuant to the contract Miami -Dade County has been temporarily
utilizing this City of Miami contract since January 2, 2002, and has used Biscayne -
Havana for the servicimg of Miami -Dade County fire extinguishers.
Biscayne -Havana stan Js to be awarded a portion of Miami -Bade contract number
4922 -4/06 -OTR -LW on May 6, 2003, at the Board of County Commissioners (BCC)
meeting. Scott Knight's Rae Equipment Dealer's licenses were submitted and are
material to the awarding of the contract to Biscayne -Havana -
The investigation of Bi:ioayne-Havana by the SAO and OIG is continuing and action
by the SAO is pending.
0 003
City of Miami, Florida
Bid No. 00-01-131
If your firm has a rent contract with the State of Florida, Depa, ont of General Services, to supply the
items on this bid, the bidder shall quote not more than the contract price; failure to comply with this request
will result in disqualification of bid.
2.42. TERMINATION - The City reserves the right to terminate this contract by written notice to the contractor
effective the date specified in the notice should any of the following apply:
1. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract and/or to have failed to perform his/her services in a manner satisfactory to the City. In the
event the contractor is found to be in default, the contractor will be paid for all labor and materials
provided as of the termination date. No consideration will be given for anticipated loss of revenue
or the canceled portions of the contract.
2. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience.
3. Funds are not available to cover the cost of the services. The City's obligation is contingent upon the
availability of appropriate funds.
2.43. VARIATIONS OF SPECIFICATIONS - For purposes of bid evaluation, bidders must indicate any
variances from bid specifications and/or conditions, no matter how slight. If variations are not stated on the
Price Sheet, it will be assumed that the service to be provided fully complies with the City's specifications.
03- 760
TERMINATION OF AWARD
BID NO. 00-01-131
ITEM: Inspection 8z Repair Services for Fire
Extinguishers, Citywide
DEPARTMENT: Fire Rescue
TYPE OF PURCHASE: Rescinding Resolution No. 01-409 and
terminating Bid No. 00-01-131
RECOMMENDATION: It is recommended that the contract awarded to
Biscayne Havana Fire and Safety, be
terminated based upon the findings of the
investigation conducted by the Miami -Dade
x County 's Office of Inspector General in
conjunction with the Miami -Dade State
Attorney's Office, and pursuant to Section 2.42
of the bid.
erector Purc asing
Dake
3- '760
AwardRescind