HomeMy WebLinkAboutR-03-0761J-03-587
07/01/03
RESOLUTION NO. 03— 7 61
A RESOLUTION OF THE MIAMI CITY COMMISSION
RESCINDING RESOLUTION NO. 03-001, ADOPTED
JANUARY 9, 2003, IN ITS ENTIRETY AND
TERMINATING THE CONTRACT AWARDED TO
BISCAYNE-HAVANA FIRE AND SAFETY, INC.,
PURSUANT TO SAID RESOLUTION, FOR THE PURCHASE
OF FIREFIGHTING HOSES AND ATTACHMENTS FOR THE
DEPARTMENT OF FIRE -RESCUE.
WHEREAS, Resolution No. 03-001, adopted January 9, 2003,
awarding the bid to Biscayne -Havana Fire and Safety, Inc.
("Biscayne -Havana"), for the purchase of firefighting hoses and
attachments for the Department of Fire -Rescue, on an as -needed
contract basis for a one-year period, with the option to renew
for two additional one-year periods, in an annual amount not to
exceed $28,804, for a total contract value in the amount of
$86,412; and
WHEREAS, the Purchasing Department received notification
from the Miami -Dade County Office of Inspector General
("Miami -Dade County") of an ongoing investigation into
allegations of criminal activity by Biscayne -Havana's President,
licensed qualifier, and the corporation; and
CITY COMMISSION
MEETING Of
t R ( 1 7 2003
Resolution No.
3—
761 �1 c
WHEREAS, based upon the findings of the investigation
conducted by Miami -Dade County's Office of 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. 03-001, 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. 03-001, adopted on January 9,
2003, is rescinded in its entirety and the contract awarded to
Biscayne -Havana Fire and Safety, for the purchase of firefighting
hoses and attachments for the Department of Fire -Rescue is
terminated.
Page 2 of 3
63 761
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.
2�
EL A. DIAZ, MAYOF
ATTEST:
P ISCILLA A. THO PSON
CITY CLERK
APPROVED
RRECTNESS:t
— W7347:tr:AS
l� 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- 761
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor
Members of the ity Com 'ssion
v �
FROM:
oe rriola
hi Administrator/City Manager
RECOMMENDATION
CA -11
DATE: JUL — 8 2003 FILE:
SUBJECT: Resolution Terminating the Contract for
Firefighting Hoses and Attachments
Bid No. 01-02-130
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission terminate the contract, as described in
Resolution No. 03-001, adopted January 9, 2003, for the procurement of firefighting hoses and
attachments for the Department of Fire Rescue from Biscayne Havana Fire and Safety, based on a
memorandum received from the ,Qffice of the Inspector General (see attached) regarding an on-going
investigation into allegations of criminal activity involving Biscayne -Havana Fire and Safety.
BACKGROUND
On January 9, 2003, the City Commission awarded, under Resolution No. 03-001, Biscayne Havana
Fire and Safety, the contract for firefighting hoses and attachments, on an as needed contract basis,
pursuant to Bid No. 01-02-130.
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 Biscayne Havana
Fire and Safety, and pursuant to Section 2.48 of the bid, the City is hereby exercising its right to
terminate the contract with Biscayne -Havana Fire and Safety for the provision of firefighting hoses
and attachments for the Fire Rescue Department.
3 MH/ M/MAR/ms
03- "761
ResoMemo
J-03-017
12/22/02 0 3_ 001
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
THE BID OF BISCAYNE-HAVANA FIRE AND SAFETY, INC.,
FOR THE PURCHASE OF FIREFIGHTING HOSES AND
ATTACHMENTS FOR THE DEPARTMENT OF FIRE RESCUE, ON
AN AS -NEEDED CONTRACT BASIS, FOR A PERIOD OF� ONE
YEAR, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL
ONE-YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED
$28,804, FOR A TOTAL CONTRACT VALUE OF $86,412;
ALLOCATING FUNDS FROM ACCOUNT CODE
NOS. 001000.280601.6.709 AND 001000.280701.6.709,
SUBJECT TO BUDGETARY APPROVAL.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The bid from Biscayne -Havana Fire and Safety,
Inc., for the purchase of firefighting hoses and attachments for
the Department of Fire Rescue, on an as -needed contract basis for
one year, with an option to renew for two additional one-year
periods, in an annual amount not to exceed $28,804, for a total
contract value of $86,412, is accepted, with funds allocated from
Account Code Nos. 001000.280601.6.709 and 001000.280701.6.709,
subject to budgetary approval.
my COMM S M
1V.TX== cc
,. w
Rcsolut►on No.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
PASSED AND ADOPTED this 9th day of January , 2003.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
CORRECTNESS :2/
J-
RO VILARELLO
ATTORNEY
6799:tr:AS:BSS
1z1a4 W, j
C MANUEL A. DIAZ, rF�
�i 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 2 of 2 ;) 3— 7'G
06/03/03 TUE 09:29 FAX 305 579 2656 MIA DADE INSPECTOR GNRAL Z002
Biscayne Building
19 West Fragler St, Suite 220
Wowd,FL 33130
Phone (305) 375.1946
Pax (305) 579-2656
www.rrian*Jadeig.org
Jadeig.org
Memorandum
"
To..Alan Solowitz
Deputy )mor Geneol
From: Dylan J. Hughes -;,A
Special Agent
Date: April 24, 2003
Re: SAO Public CorrUptIM Case MM3ber 64-03-36
Biscayne -Havana Iyme &Safety ET#meut Co., INC
On January 16, 2003, The Office of the Inspector General (OIG) in conjunction with
the Miami -Dade Countf State Attorney's Office (SAO) commenced an investigation
into the allegations oy' 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 quer-iffier, Scott Knight fraudulently obtained his State of Florida
Portable Fre Equipment Dealer's license number 94454300012000 and Pre -
Engineered Dealer's license number 94454300052000 by submitting applications fbr
the licenses 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 nolo contendere to a felony.
Florida State Statute (FSS) 633.061(1) states in part, "it is unlawful for any
organization or individual to engage in the business of servicing, repairing,
recharging, testing, marking, inspecting, installing, or hydro -testing 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.
Ali fire extinguishers ar:d pre-engineered systems required by statute or by rule must
be serviced by an organization or individual licensed under the provisions of this
chapter."
3- 761
06/03/03 TUE 09:29 FAX 305 579 2656 MIA DADE INSPECTOR GNRAL 000.3
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 Circu t Court, in and for Broward County, Florida, revealed that on
March 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 Fire, Incorporated, as a fire extinguisher serviceman and
committed the theft while acting 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.
Biscayns-Havana subrr ittect-,Scott Knight's 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 Knight's illegally obtained fire equipment dealer's license submitted by
Dallas Chrans, the CK), 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 servicing of Miami -Dade County fire extinguishers.
Biscayne -Havana scan Js to be awarded a portion of Miami -Dade contract number
4922 -/06 -OTR -LVID on May 6, 2003, at the Board of County Commissioners (BCC)
meeting. Scott Knight's Fm Equipment Dealer's licenses were submitted and are
material to the awarding of the contract to Biscayne -Havana.
The investigation of Bincayne-Havana by the SAO and OIG is continuing and action
by the SAO is pending.
City of Miami Bid No. 01-02-130
with any pudic entity in excess of the threshold amount -ovided in Section 287.017,, for
CATEGOR WO for a period of 36 months from the da, if being placed on the convicted
vendor list.
2.42. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to City contracts, subject to the provisions of
Chapter 119, Florida Statutes, and Sec. 18-104 of the City Code, and agrees to allow access by the
City and the public to all documents subject to disclosure under applicable law. Contractor's
failure or refusal to comply with the provision of this section shall result in the immediate
cancellation of this Contract by the City.
2.43. QUALITY - All materials used in the manufacturing or construction of supplies, materials, or
equipment covered by this bid shall be new. The items bid must be of the lateft make or model, of
the best quality, and of the highest grade of workmanship, unless as otherwise specified in this
IFB.
2.44. RESOLUTION OF PROTEST - Any actual or prospective contractual party who feels aggrieved
in connection with the solicitation or award of a contract may protest in writing to the Director of
Purchasmg/Chief Procurement Officer who shall have the authority, subject to the approval of the
City Manager and the City Attorney, to settle and resolve a protest with final approval by the City
Commission. Bidders are alerted to Ordinance No. 11072 describing the protest procedures.
Protests failing to meet the requirements for filing shall not be accepted. Failure of a party to
timely file shall constitute a forfeiture of such party's right to file a protest. NO EXCEPTIONS.
2.45. SAMPLES - Samples of items, when required, must be submitted within the time specified at no
expense to the City. If not destroyed by testing, bidder(s) will be notified to remove samples, at
their expense, within 30 days after notification. Failure to remove the samples will result in the
samples becoming the property of the City.
2.46. SERVICE AND WARRANTY - Unless otherwise specified, the bidder shall define any
warranty, service and replacements that will be provided. Bidders muni explain on the attached
Bid Response Form to what extent warranty and service facilities are available. A copy of the
manufacturer's warranty, if applicable, should be submitted with your bid.
2.47. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description
concerning any point shall be regarded as meaning that only the best commercial practices are to
prevail and that only materials of first quality and correct type, size and design are to used. All
workmanship is to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department 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.
2.48. TERMINATION - The City of Miami 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:
2.48.1. The contractor is determined by the City to be in breach of any of the terms and
conditions of the contract.
2.48.2. The City has determined that such termination will be in the best interest of the City to
terminate the contract for its own convenience;
2.48.3. Funds are not available to cover the cost of the goods or equipment. The City's
obligation is contingent upon the availability of appropriate funds.
2.49. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this bid.
The City reserves the right to cancel such orders, or any part thereof, without obligation, if
03 791
ITEM:
DEPARTMENT:
TYPE OF PURCHASE:
RECOMMENDATION:
TERMINATION OF AWARD
BID NO. 01-02-130
Firefighting Hoses 8t Attachments
Fire Rescue
Rescinding Resolution No. 03-001 and
terminating Bid No. 01-02-130
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
County 's Office of Inspector General in
conjunction with the Miami -Dade State
Attorney's Office, and pursuant to Section 2.48
of the bid.
AwwdRescind a�; ce? ... a