Loading...
HomeMy WebLinkAboutR-88-1046J-88-458 10/17/88 RESOLUTION NO. 9 SS-1, 0,19 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SCIENCE FACTION CORPORATION FOR THE PURCHASE OF EQUIPMENT, INSTALLATION AND PROGRAMMING FOR A COMPUTER CONTROLLED LASER PROJECTION SYSTEM FOR BAYFRONT PARK AT A TOTAL COST NOT TO EXCEED $318,200 WITH FUNDS FOR THE ACQUISITION BEING PROVIDED BY THE JAMES L. KNIGHT FOUNDATION CONTRIBUTION IN SAID AMOUNT THAT IS BEING APPROPRIATED TO CAPITAL IMPROVEMENT PROJECT NUMBER 331230, BAYFRONT PARK REDEVELOPMENT - LIGHT TOWER. WHEREAS, on November 19, 1987 City Commission adopted Resolution No. 87-1059 authorizing the City Manager to enter into an agreement in a form acceptable to the City Attorney for the purchase of equipment, installation and programming for a computer controlled Laser Projection System for Bayfront Park with Science Faction Corporation, a supplier selected by competitive negotiations conducted in compliance with Section 18.52.2 of the City Code; and at a total cost of $298,200.00 with funds for the purchase to be provided by the James L. Knight Foundation contribution currently appropriated to Capital Improvement Project Number 331230, Bayfront Park Redevelopment - Light Tower; and WHEREAS, the members of the City Commission expressed their concern that the issues of insurance, indemnification and Science Faction's failure to provide a performance bond be resolved prior to the execution of the agreement; and WHEREAS, the Insurance Manager has approved the insurance and indemnification provisions of the agreement, and the payment and delivery schedules in the agreement provides adequate protection to the City in lieu of a performance bond; and WHEREAS, Science Faction has advised us that due to certain increased costs to it, the total cost of the laser projection system has increased to a total cost not to exceed $318,200; and WHEREAS, the Knight Foundation has agreed to fund the additional cost; CITY COMIMI::SION MEETINIC Or Nov .i 1988 AL SOIUNON NoS`'-10461 MARKS: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into an agreement, in substantially the attached form, with Science Faction Corporation for the purchase of equipment, material, installation and programming of an computer controlled laser projection system for Bayfront Park in accordance with provisions set forth in Resolution No. 87-1059 adopted November 19, 1987 and in the preamble to this Resolution, which preamble is hereby adopted by reference thereto and incorporated herein as though set forth in this Section. Section 2. Funding for the herein acquisition in the total amount not to exceed $318,200 is to be provided by the James L. Knight Foundation Contribution in said amount which is being appropriated to Capital Improvement Project Number 331230, Bayfront Park Redevelopment - Light Tower and the herein authorization is subject to the availability of funds. Section 3. This Resolution shall be effective upon its adoption and the provisions thereof, unless otherwise indicated herein, shall also become operative upon its adoption. PASSED AND ADOPTED this 3rd day of November 1988. ATTEST: i XAVIER L. SIAREZ, MAYOR (-7 , �I�WJ MATTY HIRA CITY CLERK PREPARED AND APPROVED BY: - f ft G. MIRIAM MAER ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: joizt L. IFFE ANDEZ CITY ATTORN Y GMM/rol/M831 -a- 1 k 5 PURCHASE71SE AGREMMKT FOR UMO=. PARK TAA LIGHT PROJECTION SYSTEM AGREEbMNT made this day of November, 1988, in duplicate originals, by and between The Science Faction Corporation, a corporation organized under the lava of the State of New York, having its principal place of business at 333 West 52nd Street, New York, New York 10019 (hereinafter referred to as 1191FC") and the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as "Purchaser" or "City"), acting by and through the City Manager (hereinafter referred to as 11tha City Manager") and with the prior approval of the City Commission of Miami pursuant to Resolution No.87-1059 passed November 19, 1987 and Resolution No. 88- passed November, 1988. RECITALS A) SFC is engaged in the business of designing, manufacturing, programming, sailing and renting laser projection and information display systems and licensing computer software programs therefore and visual works that are performed by means of such systems and programs. 8) SFC agrees to deliver to Purchaser a certain laser lighting display system consisting of laser equipment, licensed software, licensed software programs to enable Purchaser to perform certain licensed visual works therevith, and copies thereof and to provide certain services to Purchaser in Aw: connection with the system. C) Purchaser agrees to purchase the system, to accept a license of the software and SFC's visual works, and to engage _ SFC's services in connection therewith on the terms and. conditions not forth herein. D) The system contains unique; valuable, confidential, technical information, data and know-how applicable to the design, manufacture and creation of the equipment, software, visual works and services, and Purchaser acknowledges that said equipment, software programs, visual works and services contain such unique, valuable, confidential technical information, data and know-how. NOW, TMMEFORE, in consideration of the premises and the covenants and conditions set forth herein, the parties hereby agree as follows: Article I PURCHASE OF THE SYSTEM, TZME AND PLACE OF USE, AND PRXC8 SFC'. agrees to deliver the Laser Lighting System ("System") consisting of: (A) Purchased equipment ("Equipment") as set forth in SFC Bid Number 86-87-141 (the "Bid"), a copy of which without attachment "D" is annexed hereto with the City's Request for Proposals as Exhibit "A"t (B) A license of the software which is physically inside the Equipment and of certain software programs &=-, ("Software programs") set forth on Exhibit "B", as hereafter set forth in Article III, so as to enable Purchaser to perform certain visible laser light visual display works ("Visual Works") created by SFC that are set forth on Exhibit "C"; (the software physically inside the Equipment and the Software Programs are hereafter collectively called the "Software"); and (C) A license of the Visual Works as hereafter set forth in Article IV. SFC further agrees to provide those services ("Services*) set torah in the Hid and hereafter set forth in Articles VII and VIII. The pries ("Price") for the System and services shall be the sum of $319,200. The purchase of the Equipment, the lease of the copy of the Software, and the license of the Software and Visual Works set forth on Exhibits "B" and "C" are subject to the terms and conditions herein. The Equipment and Software will be used solely by Purchaser and for no other purpose than to perform the Visual Works at the Tower of Light ("Tower") in Bayfront Park in Miami, Florida, except in the event of the sale, transfer or assignment of the System pursuant to Article X or as may be required by the legislative act of federal, state, county and city or local authorities (hereafter "Legislative Act"). Purchaser agrees to purchase the system, including all of the foregoing, and pay the Price for the System. Payment for the System shall be made in the manner hereinafter provided in Article XYI. 3 Article II SFC'S WARRANTIES AND REPRESENTATIONS SFC warrants and represents to Purchaser that: (1) The Equipment will be free from defects in work- manship and materials for a period of one year after install&-- tion by SFC at the Tower. In the event of any breach of the aforesaid warranty, SFC's sole liability will be to repair or - replace within one year of sale to Purchaser, any defective component of the Equipment manufactured by SFC provided that such defect(s) is the result of SFC's defective workmanship or materials. In the event SFC cannot repair or replace such defective component within sixty (60) days after having been notified to do so, Purchaser shall, in addition to any other rights it may have under this Agreement, have the right to repair or replace the defective component and charge SFC for its costs and expenses in connection therewith. (As used in this Agreement, 'days" shall mean business days.) SFC agrees to repair or correct defects in installation of the System if caused by SFC. Purchaser understands that SFC's warranty does not cover the Spectra Physics or Coherent Innova lasers. SFC agrees to assign to Purchaser any manufacturers' warranties covering the Equipment or any component thereof to the extent assignable. SFC agreesto make all such repairs and replacement covered by the warranty at SFC's facility in Now York City, during the warranty period without charge. Purchaser hereby agrees to pay any and all shipping, 4 x transportation and related expense to and from SFC's repair facility for all such warranty repair. In the event Purchaser elects to have such warranty repair made at site of Systams's installation, Purchaser agrees to pay all reasonable transportation'iind lodging expanses for each and any of SFC's employees sent to the installation -site for the purpose of - conducting such warranty repair. Purchaser understands that - frequent causes of product failure or lass than optimal performance are simple misadjustments or dirty optical surface(s). The warranty does not cover the cleaning or - adjustment of products and their components if dirty optical surfaces and misadjustments are causes of failure. SFC will charge the City its standard rates in the event that a returned or field -inspected unit requires cleaning and/or adjustmant- only. Purchaser shall have the option to extend SFC's warranty with respect to the Equipment for four (4) successive one year periods as follows: Purchaser shall notify SFC that it desires to extend the warranty period for an additional year at least - thirty (30) days prior to the expiration of the then current option period and shall pay SFC's annual charge of Twelve Thousand ($12,000) for the extension of the warranty for an additional year at the time it so notifies SFC that it desires the warranty extended for the additional year. (2) The Software licensed to Purchaser is compatible with the Equipment. (3) The System when operated in accordance with SFC's written instructions and manuals will: (a) produce the Visual Works and (b) comply with all relevant regulations of federal, state and local agencies having regulatory jurisdiction over the use of laser products at the Tower - in: force on the --date hereof, including without limitation the Center for Devices and Radiological Health (hereinafter "CDRH") and the Federal Aviation Administration (hareinatter- "FAM). SFC further warrants to Purchaser that SFC will comply with all relevant filing requirements of such agenciae in force on the data hereof, including without limitation fi1.— inq CMH Product Report, CMM Variance Application, Flk notification and the Florida Radiological Health Unit — notification and will obtain necessary authorizations, if any, from the federal, state and local agencies having regulatory jurisdiction over the use of laser products at the Tower on the date hereof authorizing operation of the System at the Tower for the maximum period of time permissible under the relevant regulations in effect as of the date hereof. (4) in accordance with CDRH regulations the System will incorporate a means of preventing projection of laser emissions into windowed portions of building facades. (5) The Equipment, Software and Visual Works will be free and clear of all lions and encumbrances. (6) The license of the Software and visual Works will not violate any copyright, patent, patent right, trademark or other rights of any third party and to the boat of its knowledge, there is no litigation pending or threatened by any third party asserting any such rights in the Software or Visual Works. (7) The Visual Works will not contain any pornographic images or images that are offensive to any race, religion or ethnic group. SFC MAI= NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE EQUIPMENT, LICENSED SOFTWARE OR LICENSED VISUAL W0MM INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS E7CPRESSLY SET FORTE HEREIN. IN NO EVENT SELATZ SFC BE LIABLE TO PURCHASER OR ANY TMW PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES TO PURCHASER OR ANY THIRD PARTY THAT MAY RESULT FROM ANY DEFECT IN THE EQUIPMENT, OR LICENSED SOFTWARE OR LICENSED VISUAL WORKS OR SERVICES OR ANY BREACH OF SFC'S WARRANTIES SET FORTE IN THIS ARTICLE. THE WARRANTIES IN THIS ARTICLE SHALL NOT EXTEND TO ANY THIRD PARTY. Article III SOFTWARE LICENSE Purchaser acknowledges that the Software is the exclu- sive property of SFC. SFC licenses the Software to Purchaser only for the uses not forth in Article I and subject to the following conditions: (1) The license of the Software is perpetual and -nw=; non-exclusive. The one-time license fee for the Software and for the lease of a copy of the Software is One ($1) Dollar. The license shall commance upon payment by the City of the installment payment due SFC under Article XII Paragraph (B). (2) The license may be revoked by SFC only in the - event of a breach of this Agreement by Purchaser which breach is not cured within thirty (30) days after notice thereof is given to Purchaser. (3) The Software will be used by Purchaser only in conjunction with the Equipment. (4) Except to the extant required by law or prohibited by existing civil service or collective bargaining agreements, Purchaser shall not make the Software available in any form to any person, firm or corporation except Purchaser or Purchaser's agents or employees concerned with Purchaser's licensed use of the Software. Purchaser agrees to raquira its agents or employees directly concerned with such licensed use to execute a copy of the confidentiality agreement which is attached hereto as Exhibit "D". (S) Purchaser agrees to: (i) keep the Software in strict confidence to the extent permitted by law; (ii) reasonably secure the system from access by unauthorized k persons; (iii) give SFC's authorized representative access to the Equipment and Software at reasonable time and on Y reasonable notice to Purchaser in order to comply with its obligations under the Agreement; and (iv) to keep the Software 8 88-10 j - irk -,�except- - intact and free of modifications or changes of any kind, as provided elsewhere in this Agreement. (6) Purchaser may not rent, lease, sublease or sell, assign or transfer the Software except in accordance with Arti- cle X of this Agreement or as may be required by Legislative Act. (7) Purchaser may not reverse assemble or reverse compile the Software. (a) In the event that a request is made pursuant to Florida Statutes, Chapter 119, for inspection or examination of the Softwara leased and licensed by SFC to Purchaser under this Agreement, unless otherwise required by law, Purchaser shall, not permit the examination or inspection of the Software on the ground that the Software is exempt from such examination or in- spection under the Statute and shall notify SFC within twenty- four (24) hours after receiving such request. If Purchaser is required or deems it advisable to permit examination or inspection of the Software, to the extent permitted by lav Purchaser shall require the person requesting the examination or inspection to sign the non-use agreement with SFC in the form attached hereto as Exhibit "E". (9) Each Software Program for a Visual work, when taken in its entirety, will not be identical to any othes Software Program previously created by SFC, but such Software Program may contain elements, sequences or designs that have been previously created and used by SFC. 9 88-1046 Article IV LICENSE OF VISUAL WORKS 1) Purchaser acknowledges that the Visual Works set forth. on Exhibit "C%r- annexed hereto are the property of SFC. am hereby grants Purchaser a perpetual and non-exclusive license for the Visual Works on Exhibit "C" annexed hereto for --use only in conjunction with Purchaser's authorized use of the Software on the Equipment. The one-time license fee for the Visual Works licensed hereunder is One ($1) Dollar. SFC may revoke this license only in the event of a breach of this Agreesent by Purchaser which breach is not cured within thirty (30) days after notice thereof is qiven to Purchaser. Z) The parties hereto acknowledge that Purchaser may create Additional Visual Works by using the Equipment and Soft- ware (without making any change therein) subject to Purchaser's s compliance with all other provisions hereof. In the event that Purchaser creates any Additional visual Works with the Software, Purchaser waives any and all rights, claims and causes of action of any kind or nature whatsoever it may have for appropriation, violation or breach of any rights that Purchaser has with respect to the Additional visual Works against any person, firm, corporation or entity includinq but not limited to SFC that may create, use, display, sell, assign, transfer, lease, sublease, rent or otherwise use, transfer or - dispose of visual works that are the same or similar to this Additional Visual Works created by Purchaser. SFC shall not be entitled to any additional compensation in the event Purchaser creates Additional Visual Works. Article V PURCHASER'S REPRESENTATIONS AND WARRANTIES OF COMPLIANCE Purchaser hereby represents and warrants to SFC: (1) So long as SFC is available to provide Technical Support as provided in Article VIII, the System will be serviced, maintained and operated only by personnel who have satisfactorily completed the training course referred to in Article VII or have subsequently been trained by SFC in accordance with Article VIM (2) Purchaser will in no way alter, modify, or otherwise tamper with design, installation, or operation of the System nor will Purchaser allow such alteration, modification or tamparinq with System by other persons. (3) Purchaser and its personnel will operate the System cnly in accordance with SFC's written instructions and manual. (4) Purchaser and its personnel will operate the System in compliance with all relevant federal, state and local. governmental laws and regulations. Article VI LOSS OF WARRANTIES 11 �= Purchaser hereby agrees and understands that any material breach of the representations and warranties by Purchaser set forth in Article V hereinabove shall, in addition to any other rights or remedies that SFC may have arising from said breach, excuse SFC from- any liability for breach of its warranties and representation in Article II hareinabove to the extant SFC•s breach is caused by Purchaser's breach of its warranties and representations. Article VII INITIAL TRAINING SFC shall provide such technical training and assistance conducted by an SFC employee as is reasonably required for the purpose of familiarizing Purchaser's employees) with the operation, maintenance and service of the System and with the safe use of laser products in general to reasonably qualify such employee(s) to operate the System safely. SFC shall sand one (1) employee to Purchaser's facility in Bayfront Park in Miami, Florida for a period of three (3) days following installation of the System at the Tower to provide such training and assistance. Article VIII _ TECHNICAL SUPPORT SFC agrees to male available to Purchaser for five (S) years after the date hereof, technical field parsonnal employed 12 by SFC for the purpose of assisting the Purchaser with ra-- spect to the operation, maintenance, programming and/or service. of the Syntax not covered by SFC's warranties in Article II or - training with respect to the System. Purchaser understands that SFC emplo?eu will be available on a regular basis, and that SFC will require reasonable advance notice to make as- ployeas available for such purpose. Purchaser agrees to pay to SFC its then currant Field Service rates [currently Foa=- Hundred ($400) Dollars per parson per day for field service technicians or Two Thousand ($2,000) Dollars per day for Richard C. Sandhaus), plus all reasonable transportation and reasonable lodging expanses for each of SFC's employees whan- ever SFC sands its employeas to Purchaser's facility at Pur- chaser's request for all work done under this Article. Article IX LIMITATION OF USE BY PURCHASER AND NON -DISCLOSURE OF TRADE SECRETS Purchaser agrees and acknowledges that the System contains confidential, technological and scientific know-how, trade secrets and information. Purchaser agrees that Purchaser shall not, nor shall any person, firm or corporation affiliated in any way with Purchaser, nor any person, firm or corporation in which Purchaser has a controlling interest, directly or indirectly make, repair, sell or lease the Systaa or any devices similar to the System, or any component parts of the System, including the Equipment and Software systems, 13 programs and Visual Works specified in The Bid and on Exhibits "B" and "C" or provide technological, scientific or -- confidential know-how, trade sacrets or information to any person, firm or corporation in possession of the System or any of its compcnaftts excapt as provided in Article X or as may be required by law. Purchaser further agrees that to the extant permitted by law it shall not, nor shall any person or company affiliated with Purchaser, nor any firm or corporation in which Purchaser.- has a controlling interest, directly or indirectly disclose any confidential technological information or know -hoar ralatinq to the System or any of its components to any parson, firm or - corporation other than Purchaser's =Mloyaas or SFC, its officers and employees. Article X OPTION TO PDRMIASE Purchaser shall not sell, assign or transfer the Systam or - any of its components or any scientific or technological infor- mation or know-how relating to the System or any of its - components either voluntarily or pursuant to Legislative Act to any party other than SFC except those entities to which consent - has been given in this Article unless at least sixty (60) days prior to makinq such sale, assignment or transfer, Purchaser shall first have offered in writinq to *all, assign or transfer, the property that is the subject of said sale to SFC on the 14 x same terms and conditions as the intended sale or transfer to z such third party (hereinafter the "Notice of Transfer"). The Notice of Transfer shall set forth the name and address of prospective purchaser, transf area, or assignaa and the tares_ and conditions --of such sale, transfer or assignmant and a copy - of the assumption by said prospective purchaser, transfer** or assign*• of all of the terms, conditions, obligations, liabilities, representations and warranties to be performed or: observed by the City under this Agreement. No such sale, assignment or transfer shall be affective unless the assumption is in a form reasonably satisfactory to SFC. SFC shall haw sixty (60) days, attar receipt of the Notice of Transfer, to porches• such rights and properties intended to be sold, _ assigned or transferred on the same terms and conditions as are specified in the Notice of Transfer. In the event that SFC _ does not exercise its said option within the sixty (60) day period, Purchaser shall be free to make such sale, assignment, or, transfer to the party named in the Notice of Transfer, provided however that such sale, transfer or assignment shall be made in strict accordance with the terms set forth in the - Notice of Sale and the third party shall agree to assume all of the terms, conditions, obligations, warranties and representa- tions contained in the Agreement on the part of Purchaser to be performed or observed. SFC hereby consents to an assignment by the City to the Bayfront Park Management Trust ("Trust") or to a Managing Agent appointed by the City to manage the entire is ' 88-1048 19 Bayfront Park provided that the Trust or Managing Agent assumes all of the terms, conditions, obligations, liabilities, representations and warranties in this Agreement made by the City or on the part of the City to be observed or performed under this Agrsaaent and such assumption is in form reasonably satisfactory to SFC. The assignmant7 of this Agreement by the City to the Trust or to the Managing Agent or to another entity as may be required by Legislative Act, shall not relieve tha City of any of its obligations, liabilities, terms, conditions, warranties or representations under this Agreement or on its part to be performed or observed. Article XI INSURANCE SFC shall obtain personal injury and property damage lia- bility insurance from an A+ -XI rated Company, in an amount not less than One Million ($1,000,000) Dollars per occurrence and One Million ($1,000,000) Dollars in the aggregate and shall maintain such insurance so long as SFC is providing the Technical Assistance harainabove sat forth in Article v2II and (i) the insurance premium(s) for such insurance have not increased fifty (50%) percent over the pramium(s) for such insuranca for the previous year, or (ii) the pramium(s) for such insurance are in excess of five (5%) percent of SFC's gross receipts for its last complete. fiscal year or (iii) SFC shall provide the City with the names of five ( 5 ) 'A+ -XI rated insurance companies that will not provide such insurance, to SFC. The insurance shall provide for at least thirty (30) days written notice of a material reduction or cancellation as to Purchaser and shall name Purchaser, its officials, employses, and permitted assignees, as Additional Insureds under the policy. SFC has provided the City with a certificate evidencing such insurance prior to the execution of this Agrasment and will continue to provide tha City with certificates evidencing such insurance so long as SFC is obligated to maintain such insurance under this Agreement. SFC further agrees to: (a) maintain automobile liability insurance in an amount of not less than One Million ($1,000,000) Dollars per occurrence and one Million ($1,000,000) Dollars in the, aggregate during the installation and demonstration of the System at the Tower naming the City its officials, employees and permitted assignees as Additional Insured: and (b) provide Workers Compensation Insurance, as appropriate, and Employers Liability insurance in an amount not less than One Hundred Thousand ($100,000) Dollars. SFC has provided the City with certificates evidencing such insurance prior to execution of this Agraemant and will continue to provide the City with certificates evidencing such insurance .so long as SFC is obligated to maintain such insurance under this Agreement. Article XII PAYMENT AND DELIVERY The Price, Three Hundred Nzineteen Thousand Two Hundred ($319,200) Dollars, shall be paid by Purchaser to SFC as follows: (A) Purchaser shall pay SFC One Hundred and Twelve Thousand ($112,000) Dollars not later than tan (10) days attar Purchasar has accepted delivery of the two Spectra Physics laser units, Model 2030-20 or two Coherent Innova laser units, Model 100-20, at SFC's offices, 333 West 52nd Street, New York, Naw York. Purchaser shall accept delivery of the two laser units upon SFC's demonstration to Purchaser's authorized representative at SFC's offices that the two laser units are in working order. Upon such demonstration, Purchaser's authorized representative shall sign an Acceptance of Delivery in the form of Exhibit "F" annexed hereto. Purchaser hereby designates Mr. Shoji Sadao or Mr. Sadao's designee as its authorized representative for this purpose. Purchaser may change its authorized representative for this purpose by giving SFC 48 hours notice of such change by Express Mail, Federal Express or hand delivery. SFC shall give Purchaser's authorized representative for this purpose fifteen (13) business days notice by Express Mail, .Federal Express or hand delivery to attend such daonstration at SFC's offices. Prior to givimq such notice and as soon as SFC can reasonably estimate the approximate date and time that the demonstration will be hold, 1$ 8 46 r MOM- SFC shall advise Purchaser of the approximate data and time that the demonstration will be held. Purchaser shall use its beat efforts to cause its authorized representative for such purpose to attend the demonstration at SFC's offices within 48 hours after -such notice. It Purchaser's authorized representative for this purpose, doss not attend the demonstration within fifteen (15) business days after notice of the demonstration has been given to Purchaser by SFC, delivery of the two Spectra Physics laser units, Modal 2030-20, or-tha. Coherent Innova laser units, Modal 100-20, shall be deemed to have been made to Purchaser fifteen (15) business days after notice of the demonstration has bean given by SFC to Purchaser and Purchaser shall pay SFC One Hundred and Twelve Thousand ($112,000) Dollars not later than tan (10) days after the lasers are deemed to have been delivered to Purchaser. If Purchaser's authorized representative is unable to attend the demonstration within fifteen (15) business days after notice by SFC because of acts of civil authorities, weather conditions, fires, floods, strikes, accidents, labor problems, civil commotion, transportation difficulties, acts of God or other events of a force majeur nature, than the time for Purchaser's authorized representative to attend such demonstration shall be extended for a period of time equal to such delay. (H) Purchaser shall pay SFC One Hundred and five Thousand Two Hundred ($105,200) Dollars not later than tan (10) days after SFC has (i) completed the installation of the 19 Equipment and demonstrated that the Equipment and Software produce visible laser light displays with a sample of the Visual Works and (ii) delivered to Purchaser copies of the filings referred to in Article II, Paragraph 3(B) together with copies of the Fbl/CDRB-issued Approved Variance and a letter at - non -objection issued by the FAA. In the event that SFC unable s-- unable to obtain an FML/CMM Approved variance for the System or a letter of non -objection from the FAA within a reasonable time, which shall not be lass than one hundred and twenty (120) business days after application for the same, then this. Agreement may be cancelled at the option of either patty hereto, in which event Purchaser shall redeliver to SFC all. Equipmentand Software and any Software Programs provided to it by SFC and SFC shall refund to Purchaser all sums paid by Purchaser to SFC under this Agreement. SFC agrees to demonstrate to Purchaser that the Equipment and Software produce a sample of the Visual Works promptly after completion of the installation. The demonstration shall be conducted during the hours of darkness. Purchaser hereby designates the — City Manager or his designee as its authorized representative to attend the demonstration. Purchaser may change its authorized representative for this purpose by giving SFC at lust forty-eight (48) hours notice of such change by Express Mail, Federal Express or hand delivery. SPC shall give Purchaser's authorized representative for this purpose at lust five (5) business days notice of the demonstration by Express 20 Mail, Federal Express or hand delivery and Purchaser agrees to use its best efforts to cause its authorized representative to attend such demonstration within forty-eight (48) hours after such notice, but in any event not more than five (5) business days attar nottce from SFC. At least thirty (30) days prior to giving such notice, SFC shall advise Purchaser's authorized representative of the approximate data that the demonstration will be held. Upon demonstration that the Equipment and Software are capable of producing a sample of the visual works, Purchaser's designated representative shall sign the Acceptance of Demonstration in the form annexed as Exhibit "G". If, after five (5) business days notice, Purchaser's designated representative for this purpose does not attend SFC's demonstration of the Equipment and Software installed at the Tower of. Light, the demonstration will be deemed to have occurred five (5) business days after notice of the demonstration has been given to Purchaser by SFC and Purchaser shall pay SFC One Hundred and Five Thousand Two Hundred es ($105,200) Dollars not later than ten (10) days after the last to occur of (i) five (5) business days attar SFC has notified Purchaser to attend the demonstration and (ii) SFC's delivery to Purchaser of (a) copies of the filings referred to in Article 11, Paragraph 3(H) hereinabovet (b) copies of the FDA/CMM-issued Approved variances and (e) the letter of non - objection issued by the FAA. If Purchaser's authorized representative is unable to attend the demonstration within 21 QX five (5) business days after notice by SFC because of acts of civil authorities, weather conditions, fires, floods, strikes, accidents, labor problems, civil commotions, transportation difficulties, acts of God or other events of a force majtu=- nature, then that -time for Purchaser's authorized representative to attend such demonstration shall ba extended for a period of time equal to such delay. (C) Purchaser shall pay SFC Ninety Three Thousand ($93,000.00) Dollars as follows: (i) SFC shall deliver to Purchaser the 93 Software Programs set forth in Exhibit "B" as follows: (a) thirty-one (31) Software Programs by the date that SFC demonstrates that the Equipment and Software are capable of producing a sample of the Visual Works ("Visual Works Demonstration Date"),, (b) thirty-one (31) Software Programs thirty (30) days after the Visual Works Demonstration Data; (c) thirty-ona (31) Software Programs sixty (60) days after the Visual Works Demonstration Date. (ii) Purchaser hereby designates the City Manager or his designee as his authorized representative ("Representative") to accept delivery of the Software Programs. SFC shall give the Representative forty-eight (48).hours notice of its intended delivery of Software Programs to Purchaser. Upon delivery of Software Programs to Purchaser, the Representative shall sign a receipt in the form of Exhibit "no annexed hereto. Purchaser may change its Representative by 22 giving SFC at least Iorty-eight (48) hours notice of such - change by Express Mail, Federal Express, or hand delivery. (iii) Purchaser's Representative small have thirty (30) days after delivery of each group of thirty-one- (31) Software -Programs to review each Software Program in the. group for the purpose of detarmininq that each Software Program, when properly used with the Equipment, produces a Visual Work in ace rdanca with this Agreement. Thirty-sevra (37) days after delivery by SFC to Purchaser's Representative of each group of thirty-one (31) Software Programs, Purchaser shall submit a written report to SFC specifying which of the reviewed Software Programs in the group of thirty-ona (31) it: - has objected to, if any. The only basis for an objection to.a SOftwara Program shall be that such Software Program when _ properly used with the Equipment does not produce a Visual Work in accordanca with this Agreement. Any reviewed software Program which has not been objected to by Purchaser as hareinabove provided shall be deemed accepted. Within seven (7) days after the data at which each written report is due, Purchaser shall pay SFC Ona Thousand ($1,000) Dollars for each Software Program deemed accepted by such written report. (iv) If Purchaser objects to a Software Program and such Software Program when properly used with the Equipment - does not produce a Visual Work in accordance with tWA Agreement, SFC agrees to revise the Software Program in order to cause such objected to Software Program to produce a Visual 23 _ Work in accordance with this Agreement. SFC shall notify Purchaser of the revisions to the objected to Software Program and the Representative shall include such revised Software Program in the next thirty (30) day review. -Tv) In the event that Purchaser fails to timely submit a written report covering a 'group of thirty-one (31) Software Programs delivered by SFC to Purchaser, than all_ thirty-one (31) delivered Software Programs in the group for -- which no report is submitted shall be dewed accepted and - Purchaser shall pay SFC for such delivered Software Programs. within seven (7) days attar the data the written report is due. Any Software Programs which have been delivered but remain unreviawed at the expiration of the thirty (30) day review period shall be deemed accaptad and Purchaser shall have no right to defer payment for any such delivered but unreviewed Software Programs. (D) SFC agrees to complete installation of the Mimi System not later than one hundred and fifty (150) days after SFC has received two (2) signed copies of this Agreement. Notwithstanding the, foregoing, SFC agrees to use its best efforts to complete installation of the Equipment at the Tower of Light within seventy-five (75) days after execution of this Agreement by Purchaser. (E) Purchaser agrees to provide SFC with unrestrict- ed access to the completed Tower (including lift device, eleo- trieal service and water service) upon execution of this Agreement -by Purchaser, to enable SFC to install the Equipment - in the Tower. (F) In the event that Purchaser fails to provide SFC with unrestricted access to the Tower upon execution of this. Agreement as provided in Paragraph XII(E) above or fails or -is - unable to perform any of its other obligations under this. Agreement, or SFC is unable to complete the installation of the System within the period provided for in this Agreement- by reason of acts of civil authorities, weather conditions, inability to attain access.to the site, fires, floods, strikes, accidents, labor problems, civil commotion, transportation difficulties, shortage of materials or supplies, changes in regulations or controls by federal, state or local authorities, acts of God or other events of a force majeur nature, then SFC's time to perform its obligations under this Agreement shall be extended for a period of time equal to such delay. (G) SFC and the City each agree to notify the other as soon as may be reasonably practicable of any circumstances that may cause a delay in the performance of their respective obligations regarding the installation and demonstration of the System. (H) SFC shall bear all risk of loss with respect to the. System until its installation at the Tower. Article XIII ASSIGNMENT BY SFC In the event SFC assigns, transf arm or sells this.. Agreement or the licenses of the Software or visual Works, SFC' shall obtain £roan such assigns*, transfarea or Purchaser an: assumption of all of the terms, conditions, obligations, warranties and representations on the part of SFC to be.. performed or observed under this Agreement or under the licenses. Within five (5) days attar such assignment, transter or sale, SFC shall provide the City with the name and address of the transfers* and a copy of tha assumption by said. transteree of SFC's obligations, liabilities, warranties and representations under this Agreement or the licenses. Article XIV INDEMNIFICATION SFC agrees to indemnify and hold Purchaser harmless from any and all direct expanse, loss, claim and damage, including reasonable attorneys, fees arising out of a breach by SFC of its obligations under this Agreement or a breach of any of its warranties and representations in this Agreement provided that in no avant shall SFC be liable to Purchaser for any incidental or consequential damages and provided that such breach was not, caused by this act of the City or its agents, servants or - employees. The foragoing agrsement of indemnity is in additica to and not by way of limitation of any other agreements herein. 26 Ona Dollar ($1.00) is given as distinct, separate and_ independent consideration for the granting of this indemnity, along with other valuable consideration, receipt of which. -.is - acknowledged by SFC. Article XV. JURISDICTION SFC agrees that any suit, action or proceeding arising... out of or relating to this Agreement may be instituted against - it in a state or federal court in the City of Miami, Dade county and State, of Florida in the United States of America and. waives any objection that SFC has or may have to the laying of- venua of such suit, action or proceeding. Purchaser_ acknowledges that this Agreement shall be dammed to have been executad and delivered in the City of Miami, Dada County, State of Florida. Article M CREDIT FOR WORK Purchaser hereby agrees to give credit to SFC and Richard. Sandhaus in any and all publicity bulletins, press releases, brochures, advertising or other promotional materials prepared or distributed by or at the direction of Purchaser that contain any reference to the System, Equipment, Software, visual Works or that in any manner specifically refer in writing to this laser display originating in the Tower. Specifically, 4i 0 Purchaser agrees to credit SFC as the "designer and manufac- turer of the laser systems" and to credit Richard Sandhaus as the "laser artist responsible for the creation of the laser exhibition". Article XVII This Agreement shall be construed and interpreted in accordance with the laws of the state of Florida. Article XVIII SBVERAHILITY In the event that any provision of this Agreement should be held invalid or unenforceable for any reason unless narrowed by construction, this Agreement shall be construed as if such invalid or unenforceable provision had bean so written as not to be invalid or unenforceable. if, notwithstanding the fore- a going, any provision of this Agreement shall be hold to be invalid or unenforceable for any reason, such invalidity or unenforceability shall attach only to such provision and shall not affect or render invalid or unenforceable any other provi- sion of this Agreement. Article XZX NOTICES Except as provided in Article XIII, a notice or communica- 28 tion under this Agreement by either the City or the City Manager, on the one hand, to SFC, or, on the other, by SFC to the City or the City Manager shall be sufficiently given or delivered if dispatched by registered or certified mail, postage prapaidr return receipt requested, as follows: (a) M. In the case of a notice or communication to SFC, if addressed as follows: Science Faction Corporation 333 West 52nd Street Nov York, NY 10019 Attn: Richard C. Sandhaus (b) City or City Manager. _ In the case of a notice or communication to the City or City Manager, if addressed as follows: City Manager 3300 Pan American Drive Miami, Florida 33133 With a copy to: city Attorney One Southeast Third Ave. 1100 AmeriFirst Building Miami, Florida 33131 or to such other address or designee as a party may, from time to time, so notify the other as provided in this Article. Article XX ENTIRE AGREEMENT This Agreement (including exhibits) contains the entire agreement and understanding between the parties as to the subject matter hereof and may not be amended or modified except by a writing signed by both parties hereto. 39 Article XXI ASSIGNMENT This Agreement shall be binding upon the partias hereto and their permitted successors and assigns. This Agreement may not be assigned -by Purchaser except as provided herein or as may be required by law. Article XXII WAXM MUST BE IN WRITING No waiver of any of the provisions of this Agreement shall be valid or off active unless in writing signed by the party charged tharewith Article XXIII CO2 1M I I M IML EXECOTION BY SFC The execution and delivery of this Agrees t by SFc is expressly subject to and conditional upon the approval of this Agreement by the City roxxi:pion of Miami on December U , 1988. IW WITNESS WMMOF, the parties have hereto emscated this Agraeaent as of the data and year first above vritten. Attest: = SCIENCE FACTION CORPORATION byl Corporate Secretary President Attest: CITY OF MIAMI by: City Clark City Manaqar Approved as to Form and Correctness Jorge L. Fernandez; City Attorney 31 -ma - LEGAL ADVERTISEMENT BID NO. 86-87-141 Sealed bids will be received by the City of Miami City Clerk at her office located at 3500 Pan American Drive, Miami, Florida, 33133 not later than 2:00 p.m. October 5, 1987 for furnishing equipment, materials, installation and programming of a Laser Light Show Projection System for the Department of Public Works. Bids submitted past such deadline and/or submitted to any other location or office shall be deemed not responsive and will be rejected. Ordinance No. 10062 established a goal of Awarding 511 of the City's total dollar volume of all expenditures for All Goods and Services to Black, Hispanic and Women Minority Business Enterprises on an equal basis. Minority and women vendors who are interested in submitting bids and who are -not registered with the City as minority or. women vendors are advised to contact the City Procurement Office, 1390 N.W. 20th Street, Second Floor, Telephone 579-6380. Detailed specifications for the bids are available upon request at the City Procurement Office. The City Manager may reject all bids and readvertise. (Ad No. 4533) Cesar H. Odio City Manager _x .. A ;= CITY OF MIAMI. FLORIDA DID NO. 96-87-141 GEMBRAL INFORMATION TO BIDDERS IT124 see below Do not include State or Federal Taxes not applicable to municipalities. The City reserves the right to award item by item or Ly the total of all items bid, in accordance with that which best serves the intereat to the City. In the event of an error on the part of the bidder in extending unit prices or in totaling the extended prices, the unit price shall prevail, except when the bidder clearly states that the total price is based on consideration of being awarded the entire lot. The specifications and brands names are•. merely to establish type and quality and any equal thereto will be considered, subject to the approval of the City. It is the intention of the City of Miami to purchase the item(@) as specified herein from a source(s) of supply that will give prompt and convenient shipment and service. Any failure of the Supplier to comply with these conditions may be cause for terminating any resulting contract immediately upon notice by the City. For purposes of Bid Evaluation, Bidders must indicate any variance to the specifications, terms and conditions, no matter how slight. rf variations are not stated in the proposal, it shall be construed that the bid fully complies with the Specifications, terms and conditions. The City of Miami reserves the right, before awarding the contract to require a bidder to submit such evidence of his qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and, abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. Bids shall be sealed and marked *Bid No. 86-87-141 t - Laser Light Show Projection System at Bayfront Park and she l be in tits office of the City Clerk, City lie , Ginner hey, 3500 Pan American Drive, P.O. Box 330708, Miami, Florida, 33133, no later than the date and time first mentioned on the attached bid form, at which time all bids received will be opened publicly and read aloud. The City Commission reserves the right to waive irregularities of any kind. The City Manager reserves the right to reject any or all bids and to accept that bid which best serves the interest of the City. The City reserves the right to requite the successful bidder to furnish an acceptable performance bond for the total amount of the award. i During the evaluation of bids and the subsequent award of contracts and Purchase Order for products and services, preference shall be given to those items manufactured and produced in the City of Miami, Metropolitan Dade County and the Etate of Florida, provided said products and segvtaox are comparable in price and quality as well as most other neaeeeaeY criteria such as delivery, services and availability of replacement parts. BIDDERS WHO DESIRE TO REMAIN ON THE 810 MAILING LIST FQR THIS REOUINEWWWS MUST RESMUD TO THIS INVI ION M 131D. IF -LNUICATL s _ I SUBMAIT BIOS TO: omm of dw Qtv Clark 3500 Pan Aneermm Orive P.O. Box 330708 Nian i. FloTide 33133 CITY OF MIAMI. FLORIDA INVITATION TO BID 8iddw Aekreowled., m I of TELEPHONE NUMBER MAILING OATS (Citvl Ulu fvv. ppepawl S79-f33f30 Sectember 2 1987 86-87-141 Bids writ be opened BID TITLE October 5, 1987 at 2:00 P.M. Laser Projection System for Bavfront Park Room" tow "no bar" ano they mat tw wnhdrsvw wrthaf owne v drew after such dots ono whe. -. All awsedl ttsde N • easMRt N the b1d flfaN t1oMOrIR to tectrons of the Charter taro Coda of the Cltr of Mhhet. NAME OF VENDOR A CORPOR STATE OF: MAILI AREA VENDOR MAI TE: E NUMBER IVENOOR NO. CERTIPIEO OR CASHIER'S CHECK OR 910 sONOIS ATTACHIO, W"IN NIOUINMO, IN THE AMOUNT OF S N/A I centry out Ant ow a .mane W""W error 10100 tloom of. grewmaw0. Or co'low to wet Nov esraa►fow. torn.. or 0"Wot awmrrwem p a e.A for Moe AUTHORIZED SIGNATURE IMaewW 1pne ma/ar.ep ANIMA or fewomrafre. ONE Nr " aw reawca raw 41w w~ C01h~ N irsw I sues o Samar) aw Aw comment sr Ara aw am corevo rear f am @Half n~ la "M errs be Mr rota "~. AUTHORIZED SIGNATURE ITrpe01 TITU GENERAL CONDITIONS N100NR1 TO Waive accepm too of Me WC falaw foal, loolsteellatla. SEALED 9101: All bid It*" Mtd thts :errs f neat be eeseafaN one willow Nd w a saawe onvown. The fats r /M anvataee tall CNO in. In "WHOM to the above 060ty e. Will, "M sera nfM N tM aN OOittt 1 sm She am fou"11 r. siel 11N WMtNtIAd an itiathad b/d torrn may be rolec W. All tries are Kmiact ro Ma Cendttlofta sseCHted hereto. ThNa wMcn 00 �1 Ca1nMr aWM1 rResa taFlNiflena ari Wilect le relKttall. - 1. ex1CUTION OP 9I09 Eld ~f COP 1" a "Id" H SWAWa N an SWImp1Na emel"w RYe in the soave srevHIed aeeme. The t afrresety OHM ales aewsr an Mtn aaea N eta ON of reaNNN. i. NO BIOS N W WetwlNb • Ohl. rsaalRe er ►atwwNfe afr ear M Mt term. trww" N "NO NID". Nr am"" NN rNaeR W aw sOeta some. RNeNN f wAre 10 eltsle WOWA11 "Ala 111 afflM ee Catnip far rw"@M • WA svop"W% nsRle 1raIR ela 1ltsRNie IIN. 'NOTN� Ya eetwhr N • neewrsNe. NMre► ttetlN stletew • MNo EI fY'. - elre N WNW" reamp" M Iew eeM Nos elafsa NM MaMlq MINI ND heilr. >. N�OPNNIINI OIrMMasteMd. der Nee MM a11d st NN Ntlfs toasNlsd a NM ter 1MNt. It a M e1MMar7 rwstomilr r• aalN/e NW Ifs ter a agleat / at We sleesr Nreta Mo Meta N Nle am sow". DINE Woo fw WW reNar1 are "W N daNllwee. wIN teal me comedem. of s er lenvo ll or Iven a ge; are Call sdw"M. I a. so TAWMATO"I VM aw M hwtllelre. ad M o Rear be Oneati are all►Nle formal 0 0 NO prim iI I. PRNMB. TNRMB ON PATMNNlt PAIR 01Ne eNeM e0 4ww"I MMMM for WWAN IN No sir amwAse so sasNNIM. hwUNllte. w1aelM dwieve am ow-opi M Nos aN/Nng= slWIM aaraMe. adder is raeees" Ia ow a" "now w ararW Oft," s NrIRNM• slow" ld/rMeM/ p aMrlef aNMse M Ito MMEe i IealNleM. ■Rlwoer» INer. j I al TAIIEII 00 nN Mtc10001 sale Or taderal tdaaa• NO aaNNNeWO Is nNtftt 11MI04". bl #At TAKNIt steaarssraeeoeetoNrorsanfrRstna�. - dNWerr sthOM60. Old OrICM. 0210f&lanl WOO aN IrAWVC"Wl$ pw% M q to w1NNNs one W V#CN. Fait fe HI oar W WIN M of bidders rtsit. ti 01MUNTIlt *111 be COnelderM tfr ee WMIRtrte Nee fawaN net CO{f. 01 CONDITION ANO PACK"1104i it is onewttaed and nerved j Met any ftetn offered Or shiasee as a ritsuff of M" ON fI1rN1 be - .ww tcvrraM sreductiin nw" at the ftnw a We Net. AN COR. fainertl srtetl be auelaae far sore" or S"WWWA. Well so Winn share wicivas sten"M tdtnmerew eaceaewte. el SAPNTY ITANDANDMI URleaa ethwo ee sttadNfid IR She Yd. dl erafoWmewed ttewe wtd fetrrteated eseiehllN afoul esaPlr .rink wPlfeeble rearleawewta of 0 -41 tielte)-6/MT OW lieelth AM sera wq standwds thereerwe0& f) UNONRMRITNRM' LABORATORINl1 URNM OMMWIea stipwame In we raid. aN t wmeees0rad 1Ntea t1RM tawm1aNM aasaWANoo o1eoN CWM U.L. aserav l she nommOODNM NOW WN" Mall Ma eam aNe .. . $1 f ArMNNT1 POVION1M WO M RaM OF MN CMf WW 00 NMII OWWI a 1E s rfatedsr Invo UM foeWV . Ne @WN&aRMf WAW • CW4" with aware NegNNtum. Iran M swam or amo w propw r IRvalaes. AN w waimn alreN essr Na owSeer ewleeew. f. DC IVNRVI WMeN aatelol MM M 08"Wery Is "Now EM N S I WAaNw f1- 1 $"W IN doNONr f11Femme OaMww mm Refer emoom a be" w NNW" M1 ewswwo ISMe BMEIII r,-'11Ma1.OsN11MrtMNMwIMiMIMMnMIMrMr BMNtB wwo Ms1eMr OFW N1 I011 1MON. } e. MANYPAOTYRNRM NAMMB me APPB�MNBI E EIMlffI A" ww wascferws' PAWN". &of 11�NSN, eraNMw� fa. fMwtaNrs Win or cats" WANWO IMIM M a f# MMMMNws. 1011111 1e NtesN NIRasNNM. The, Ned► Neett #1N!'MM fNH11M • MNP ww" /er st00 M M 40 IRa - F � NMMIBL 1 i aNMade M sMssillsMa111! ::-a 14'./�■(�NjwM/��BN��/l��e oseovoww e1r0011Cf1.. 910 an IM se term the nettltleewor's m rolve as anti rentnmo at votworl aseetwa. These Item gas Rom I Manw otta ftytttar sow MgKaN afw wet Wit fratn 1M tamtMltaffetm. Rat mgftwm n Oar 4movwv Mle In am hula r ourmwsfw M" YOUR 010, LACKING ANY v11RITTEN INDICATION OR INTENT rNast in aldda► "" tow" in dasaif I In W"W" owfM Woo eso 1 TO OI/CTE AN ALTERNATE BRAND. WILL BE RECEIVED AND rep►etwonwN 1n cefn nY se IMrOM statu s! thea1/arNM Can. CONSIDERED As A QUOTATION IN COMPLETE COMPLIANCE trnW. Anv wasaflsn Of WOW ptaOlatiaM "4W Oita r@ Mo In 1114e WITH THE SPGCIFICATIONSASLISTROON THE 010 FORM. uppoww s nano oeme rude w from we CIM M owes" twemr Mts" Neu. I. INFORMATION AND DESCRIPTIVE LITERATURE: • ilda map %firn en ON NMerwtatlM reavested On Ilse seem ar'evtdcd an me bid 1arM FW OW. n WAM sa ssaCM W assessment. sas:11 ON OW 1110f tlte11111 tar bill ovot"tloM COTS. 81*0 1N1a. lee Oawlpnva 111rsnWe aro leNMMCeI seoeAieatlam /etrtrtg site s►'adlKn a1frM. Rorrellte to 111ensttwe vispromse wink a f ravlaYa so M u1 file vtink me saver WIN dose Satiety into wwwial. �. t. INTERPRETATIONSIA" e0e0960" sesewrtiwg aenditfens end spesNfewishe slwdd be diteased to Ise Perahes" Along in vtttflty an low thin ties 431 days orw to Iha bid opening. Inquires swar teforwme sho dote of bid sperm" end MI wAw bar. ta. CONPLICT OF INTERESTS The awre n rvoineor is euelect to oil calMntf u to nl n eretnwo M Noe City of MNWN. OWN COU"W. of Moe seem sf Fides. 11. AWAROst As isle No M1!eI u M the City Tev ""tame. the nth! to fe@WV d to releef env woo so NOS will so water am of ►@VON tv in Olds soulless m alcum gory /min or grasp M IfefM eMNa 911Ni~ Oy %gayer. It AOOITNSNAL OUANTIT1ESt Fer a oared not ettaedifle ninon (901 Ms Iwo one dam of seeoMutee of OW a offer by ohs slyer. live film is rossrsad so esoetre dditle" eeewmee of the ones• bid is HNe iwviNMeft if o"fienel etwesmMes we not esespseble. she led shows weal be wo/M "BID IS FOR SPECI- FIED QUANTITY ONLY." 17. S8E VICR AND WARRAIITV t Urmm uharwtae 2meMlad. the eios► ~ d~ ant Wrrants. service aule-fewsCatMMa This win Ise preauw. BIMrs 1f11m/ @memo M M ofmthad SRNs gal WOW Mftm worromv isle Oar~ Ioewun are poevsuw. 10. SAMPLESs SafnNw W floo a. whom Catled M. Missal es furnished free sf assume. am M flat dMtfevee will. teas Ieslfaaf. be 4 sow Iwo at nla etaoenY assume. lissom w 11e rofllrh at $snow nay s insole Within low NI dame oollerr m snMMq M Nays. Ilea IndfvidnMl tirtlplo MMlst be mm" wink 0"0 nonm. tnonut"%WW% rem Ressa and M/lller. ale fkwAw and Items refe►aRN. IL NONCONFORMANCE TO CONTRACT CONOITIONSt Item may be "at" for cwrwlanto wank sestimetwo utldr wo urocden Of we Firma Desermnew u Awricossirre ale CSnaimr Services r by •Mho/ OPWOW % fesMng Laboratories. The data Sonvad fr" may teem for comiarlce wink ssewilsllofm we "ic records am somas to esemone"m therwe In oeoereahes wink Chapter fit. Pienive stalon. Nei. itanm de1f1/o/N clef contor o" m esCMltati m net IL INSPECTION. ACCEPTANCE AND TITLE if1sml/IM aoso at• Ces/omw woo so of on M1atw stow ethwwtq or'srow. 1`I110, m or risk of foss or OefnsN to an itwm own be the ►asoamleNNt of nm f110C/Saas ONOW 1MIH1 octeoto"n ev 11e dh roam an of Dow"• I Row frsrh ngllgcnet 0Y the Clfv. It. OISPUTEII In Cam M am demo M 40 0 of "its Of NIOUa as to mew Item m m hnnts"wo honewwor. nke OK am Of MN ewv fAa1rOM IfteM M fnkof w w bmwm on east Woo". IL OOVGRN1aGNTAL RESTR1CT10NSs In Ito event gory eetldnN rnprow rN1r'Itni na snag ee IfffposN Wnlen WNW MeoMte olfervinm so /Ito mom so. owbow. wsrktnarwm r prnfwl MW of we Mn etterw M I" sarcomas a M to MMM fNNMrV. N ~ M Itta ntSealmtNMh u Aida fOCCnglel b~ m nowt/ Ito Cow e1 •nee, inotiftlMq in Iles foltr the MCCMIC roeMeMM vpm t flow" as NNrs"on. The Cih resent" 11e nghf m ale$" env W 0 aleawNw. Iltlhtoifne ally rltN adlOSl1f1o1Me KCMIwMe asters►. r n efiRwe 1M caNratt of me @up~ Is, the city. N. LEGAL REOUIREMENT'St Fsdorel, state. catsonv. will alit taws. OrdM1S11Ne. fY1ls. ale nceOm11soo Mast in sits n111~ &TART will Ilsflm cetrsd hr" gapllt. Lad: M aewsedce an, Ito MNw wo in nawetees eftse w row trove rneamunuv. IL PATENTS AND ROVALTIESI The Misr, w41114sf MCNOW Mots w4ww*lMv Noe sows, menhtoca Me city ant In ON400 cue frail Itaelllty M oft hofloro M kllld. MCMIo m cut am once seal r ay steceefM a am Cosvrlghmd. swum"*. or 11 11- 1ltew owsom n. pr000n, r article 111a11111eckowle orak Oin the oonwmn w Roe tOMMeci. ill ,,vim Ilea dams et/ tole city M MNMM. N Ito WSW seas 0011, a nw4 unit.. or ffNftlrmla cover" by Iona% "no or CsptnMM. It n 111Olellt ogre" glow vow" nay vm~ somool" Mae Mtaulw erntesflee11f1tneeeeR rwwlRNw ewu arlNMatrefR 1ltetfeeer fYCs dwieM. SlatlCe. r wrtertelg Mf gays wet Mwaltad M Mnsewre. it. AGVERTISINOs In vivive verse a prsessal. 6~ allow one in Om Ito r~n tom eo- wtl as a egg/ M env canwmvw awewwwoo. VWmtian w MMs s"Mw"on nwv be atefod fe KnM w ww Mlrr Pareeraph 11 et *4 wRwrlam, IL ASSIONMONTt Ant/ P%M Clem Oror nomad OUnNOW le 00 NO Invitation sna tots etteniea wMeh neat eoeene day hressew era ep onovinu N except wish the prior written approval of the etey. M LIABILITY: The sllooiW shale hull One taw mete Clot M AWwH. Plrfds. i to soak" seshn. ow entneyeea har+nWee a s1s sooDow d awl knkd in the osrNrmnulcd 0 wis Comre". 14. in the event of en giver on the pan of the biddr in oeleeding WIIN pricos r in totalling the omisltik 1 rites, the unit price "I Freveni, sweet .hsw the bidder slowly stows that she Nod plop is based on an eii N now "$is. 88-1046 NOTE: ANY AND ALL SPECIAL CONDIT10N8 ATTACHED HERETO MICH VARY FROM THEN < GENERAL CONDITIONS SHALL HAVE PRECEDENCE. LIX CITY OF HIAMI, FLORIDA PROCUREMENT MANAGEMENT DIVISION P.O. BOX 330708 Mimi, Florida 33233-0708 Telephone - 579-6380 BID N0.86-87-141 nID SHEET IMPORTANT: BILL SHEET AND BIDDER ACKNOWLEDGEMENT MUST BE RETURNED IN DUPLICATE IN ATTACHED ENVELOPE IDENTIFIED BY BID NUMBER, TIME AND DATE OF BID OPENING. Terms: (Include cash discount for prompt payment, it any) _ Additional discount of $ it awarded all items. Warranty and/or guarantee: State any variances to specifications (use separate sheet if necessary): Delivery: calendar days required upon receipt of Purchase r er. _ Delivery Point(s): Miami's Bayfront Park Light Tower 201 N. Biscayne Boulevard Miami, F1 33132 In accordance with the Invitation to aid, the Specifications. General Conditions, Special Conditions, and General Information to Bidders, we agree to furnish the Items) at Prices indicated on the attached hid sheet(s). MINORITY PROCUREMENT COMPLIANCE The undersigned bidder acknowledges that it has received a copy of Ordinance No. 10062, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural Provisions therein, including any amendments thereto. BIDDER: Signature: company name Print Names Indicate if Minority Business: Date: [ 3 Black E 3 Hispanic [ 3 women FAILURE TO COMPLETE:. SIGN, AND RETURN THIS FORM MAY DISQUALIFY THIS CITY OF MIAMI, FLORIDA BID NO. 86-87-141: RID SHEET ITEM DESCRIPTION 1 Laser Light show Projection System for Bayfront Park, including equipment, materials, installation and programming (in accordance with specifications) Total price $ Warranty: years Additional cost for warranty after original year(s) expires S . Social Security or Federal Employer Number BIDDER: tcoepany nano) Signature: FJIILURE_TO COMPLETE,_ SIGN, AND RETURN THIS BID. Identification DMAI MENT AI;D SUSMNS IUW City of t-tlami .Code Sec. 10-5G.4 (a) ',uthority and requirement to debar and ci:apond: After reasonable notice to an actual or prospective contractual party, = seal after reasonable opportunity to such party to be heard, the city .anagor, after consultation with the chief procurement officer :.nd the city attorney, :,hall have the authority to debar a cont:uctual party for the causes listed below from conaidoratien for cvard of city contracts. The debarment --hall ba for a period of rat fewer than three (3) years. The city. manager shall also havu the authority to suspend a contractor from consideration. for award of city contracts it there is a probable cause for debarment, vending the debarment detoraination, the authority to debar and cuspcnd contractors --hall be osercised in accordance with ragulations which shall be iczued by tha chief procuremd-nt officer after approval by the city manager, the city attorney, and the city commission. (b) Causes for debarment or suspension include the folloWinn: 1. Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public*or private contract or subcontract, or incident to the performance of such contract or subcontract: 2. Conviction under state or federal statutes of cnbczzlcmcnt, theft* forgery, bribery, falsification or deatruction of records, receiving stolen property, or any other offence indicating a lack of business integrity or businuss honesty; 3. Conviction under state or federal antitrust *.tatutc:; ariuing sit of the submission of bids or proposals: 4. Violation of contract provisions, which i:: regarded by the chief procurement officer to be indicative of nonreaponuibility. Such violation may include failure without good cause to perforce in accordance with the terms and conditions of a contract or to perform within the time limits provided in a contract, provided that failure to perform caused by acts beyond the control of a party shall not he considered a basis for dct,armcnt or eucpenzion: S. %barment or suspension of the contractual (:arty by. any federal. state or other governmental entity: G. :also certification pursuant to paragraph (c) below; or 7. ;.ny other cause judged Ly the city manager to bu co scriou:, and compelling as to affect the responsibility of the contractual party conforming city contract:.. (c) Certifications All contracts for goods and cervices, and leases by the city aha ll contain a certification that neither the contractual patty nor any of its principal owners or personnel have bean convicted of any of the violations out forth above or debarred or suspended as act forth in paragraph (b)(5). The undersigned hereby certilian that neither the contractual party nor any of its principal ownara or personnel have boon convicted of any of List violations sot forth above, or debarred or cuopendod as sat forth in paragraph (b)5. Co -piny names Signatur as (RETURN WITH DID SHEET) Da to: NS-1046 BID NO. 86-87-141: IIJFORMATION SHEET 't MINORITY CLASSIFICATION AND PARTICIPATION 1. Indicate MINORITY/WOMEN CLASSIFICATION of Business Enterprise (BIDDER): [ ] BLACK [ ] HISPANIC [ ] WOME17 [ ] NON -MINORITY 2. If OTHER, detail MINORITY/WOMEN PARTICIPATION within your firm, or as as it may apply to this bid, if awarded: A. JOINT VENTUR.Es Provide Information regarding Minority/ Women firm participating as such, and the extend of participation of Dollar Firm Name Business Address BID Amount B. SUBCONTRACTORS: Provide Information regarding Minority/ Women firms participating as such, and the extend of the work I of Dollar Firm Name Business Address BID Amount C. SUPPLIER.S: Provide detail regarding tinority/ Women firms that will supply you with goods or services, and the extend 2 of Dollar Firm Name Business Address BID Amount D. AFFIRMATIVE ACTION PROGRAM If existing, Date Implemented: If planned, Date of Proposed Implementation: BIDDER: Signature: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM i•.AY DISQUALIFY' THIS U15. CITY OF MIAMI, FLORIDA 3 BID NO. 86-87-141: SPECIAL CONDITIONS I. SCOPE AND PURPOSE t is the intention of the City of Miami to purchase, at the earliest possible time and lowest possible price, equipment, materials, installation and programming for a Laser Light Show Projection System at Bayfront Park for the Department of Public Works. _ 2. BIDDER QUALIFICATIONS a An inspection of the Bidders' facilities and/or equipment shall be made prior to award. b) Bids will be considered only from firms that are regularly engaged in the business of providing the goods and/or services as described in this Bid; that have a record of performance for a reasonable period of time; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established industry as determined by the proper authorities of the City of,Miaoi, Florida. 3. PRODUCTS AND DESCRIPTIVE LITERATURE Bidders may offer any brand for which he is an authorized representative, which meets or exceeds the specifications. Bidders shall indicate on the Bid Sheet the Manufacturer or brand name and model or product number they intend to supply to the City. Warranty information shall also be indicated where required. Bidders shall submit complete product literature, including specifications, technical data and warranty for all items bid, The City shall be the sole judge in the determination of equals. FAILURE TO PROVIDE ALL INFORMATION REQUESTED MAY BE CAUSE FOR REJECTIOU OF BIDS. 4. DELIVERY TIME: =ers shall indicate on the Bid Sheet, the number of `calendar days required to complete delivery after receipt of order. Delivery time may be extended only if such delay is beyond the control of the successful bidder and provided that the City is notified immediately upon knowledge of impending delay. POD NET: All items shall be priced and delivered F.O.B. Miami, to the following locations page 1 0f 4 ys BID NO. 86-87-1411 SPECIAL CONDITIONS (Continued) City of Miami, Bayfront Park : Light Tower 201 N. Biscayne Boulevard Miami, F1 33132 5. PERFORMANCE GUARANTEE within ten days alter notification of award of Bid, the successful bidder shall furnish to the Chief Procurement Officer a Performance BQnd in the amount of one hundred per cent (1001) of the contract -price. The Performance Bond or Guarantee shall be accompanied by an affidavit of a qualified officer or attorney -in -fact of the Surety Company or of the entity tendering such guarantee, setting forth the amount of capital and the amount of surplus held by such entity as of its last published report, and the date of such report. The limit of surety acceptable from any other risk shall not exceed ten per cent (10%) of the combined capital and surplus shown by such affidavit. No Performance Bond or Guarantee will be accepted by the City of Miami unless it is signed by a licensed agent of the state as attorney -in -fact for the entity writing the same and unless the same is written by a properly licensed insurance agent located in Metropolitan Dade County. The cost of the above bond may be included in the Bid Price. A certified or cashier's check, cash, or an irrevocable (local) bank letter of credit, in the amount of one hundred per cent (100%) of the contract price, and made payable to the City of Miami, Florida, may be provided in lieu of the Performance Bond. The City reserves the right to reject any and all bonds or guarantees. 6. DEFAULT e City shall be the sole judge of non-performance, which shall include any failure on the part of the successful bidder to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated or within thirty (30) days, whichever is earlier. The City may be written notice to the Contractor, terminate the bid/contract if the contractor has been found to have failed to perform his services in a manner satisfactory to the City. In the event the contractor is found to be in default, any and all reprocurement costs may be charged against the Contractor, and may also result in the supplier being debarred or suspended froxi future City Bids. page 2 of 4 '. -V BID NO. 86-87-141: SPECIAL CONDITIONS (Continued) 7. `1INORITY PROCUREMENT PROGRAM Ordinance No. 10062 entitled the Minoritv and Women Business Affairs and Procurement Ordinance o the City of Miami, F orl a sets forth ...a goal of awarding at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services, to Black, Hispanic and Women minority business enterprises on an equal basis." A minority business enterprise is defined as a business firm"...in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women whose Management and daily business operations are controlled by one or more Blacks, Hispanics or Women. To achieve the goal established by Ordinance No. 10062. participation in providing goods and services to the City by minorities is being encouraged in a number of ways. kll vendors doino business with the City are encouraged to include the participation of minority firms in their bids. In evaluating bids for determination of awards, minority participation may be a factor. Failure to adequately involve minority firms may be a basis for rejecting any and all bids. Possible ways to include minority participation would involve: _ 1. joint venture with a minority firm(s) 2. utilizing minority firm(s) as subcontractor(s). 3. utilizing minority firm(s) to supply goods and/or services. 4. successful implementation of well defined affirmative action - program. S. Other forms of minority participation, if properly documented: Included in this package is a copy of Ordinance No. 10062 Additionally, a special Information Sheet has been provided to assist Proposers in presenting information concerning minority participation. Minority business firms are encouraged, but not required, to register with the City prior to submitting bids. The Procurement Office will provide the necessary forms and instructions upon request. ALL VMIDORS ARE URGED TO SUBMIT BIDS FOR ARTY GOODS OR SERVICES THAT TBEY ARE ABLE TO SUPPLY, REGARDLESS OF MINORITY CLASSIFICATION. However, compliance with all requests for information regarding Minority Status or Participation is required. Bidders cooperation is greatly needed to aid the City in achieving its goal. S. RESOLUTION OF PROTESTS Bidders attention is d rected to the attached Section 18-56.1 of the City Code, In the event of protests, compliance to the procedures described therein is mandatory. page 3 of 4 BID NO. 86-87-141: SPECIAL CONDITIONS (Continued) 8. INQUIRIES Questions regarding this bid should be directed to Mr. Luther E. Long at 372-4590, or Ms. Sara Gonzalez at 579-6380. NO CHANGES IN THIS INVITATION TO BID SHALL BE VALID UNLESS IN AUTHORIZED WRITTEN ADDENDUM FORM AND SENT TO ALL POTENTIAL BIDDERS. Bids will be available for inspection at the Procurement Management Office, 1390 N.W. 20th Street - Second Floor, two (2) days after the Bid Opening. BID RESULTS WILL NOT BE FURNISHED BY TELEPHONE. 9. ANTITRUST PROVISION At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive and award additional bids for these herein items, and to make use of other competitively bid (governmental) contracts for the purchase of these item as may be available. 10. DEBARMENT AND SUSPENSION Bidders attention is directed to the attached Section 18-56.4 of the City Code and certification which must be executed and returned with the Bid Sheets. P*96 4 of 4 211) ::�. 86-87-141 SI'LCIAZG COUDITICUS (t;ontinucti) RLSOLUTION OF PIROTCSTS (City Code Section (�) Riallt to Protest. Any actual cr ;)roslwCtive ccntracV::;' ,)arty villo L'-Cis aggrieved in eonticction :it;l Laic colicitaticn of award of a' contract nay prot•%st tc ;J10 chief Procurement of=icer. The protest stall b.c sub=itI;Cd in writing uirhin fourteen (1 �) uays after such tcgr:=vc1 party knows or should have known the factc giving ri:u to tho action complained of. (a) Authori tv to resolve protest. The: c►lief orocu_cment ��. t! -Lib :L.t to ti:.1. .�rr:cor s,lall have pile Author �:, . t-•-tip0va ,of the city manager and the city cttorncy, to cc_t_e znd _esolv_ a of an aggrieved actual or ,rozpcctivL _protest contractual -!3rty ccncerning Lble Solicit -:lien or award o; than contract �in question. Provided that in cz--cr invo_�•ia; ;pore than Lour thousand iivc hund-i-ed t_'ol lar ( %. dCC2.^rlOn.^r, Of %lie ClliC�° [%i:GCUiCllc:ilt uCL'LC-: :::L'st iVC zpprov_d by tile city comniaZion alter a rccoca ..cation u-i the city attorney and city mauayor. The chic'= prccur=--,.nt oUicer :hall obtain the rcquiCitc approval:. L n d' communicate to the protesting contractual _rarto: alternatively fi the amount involved i:s•greater than four thousand i ive hundred dollar ("M, :-00. 00) , ,uisai t a decision lU the City COMMiy +iOil t:itilicl t►lirtY ('�C) after lie rcccives the protaut. (c) Compliance with time requirements. railurc of an aggrievcd party to submit a protest within the time provided in subsection (a), above, shall constitute a forfc:turn of such party's right to complain and shall bar any legal action ,.blcrcf'or by zuch party. Failure b-I t1: CiPto officials to comply with the time requirements provided in subsection (b) shall entitle the acrjricvcd Party, e.L its option, to bypass the provisions o'&- this scction and to institute 'legal action immediately. (Ord. Ho. 9572, & 112-20-03) . J-d9•g4a 10/11/as ORDINANCE NO.4 0 U O 2 - AN 0401MANCI REPEALING ORDINANCE 40. ?77S. THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF THE CITY OF MiAMI. FLORIDA AND SUBSTITUTING THEREFOR A NEW MINORITY PROCUREMENT PROGRAM OROINANCE TO BE KNOWN AND CITED AS 'THE MINORITY AND WOMEN BUSINESS AFFAIRS ANO PROCUREMENT ORDINANCE OF THE CITY OF MIAMi. FLORID W ESTAiJLISHING A MINORITY AND WOMEN BUSINESS AFFAIRS PROCUREMENT PROGRAM AND COMMITTEE: PROVIDING FOR THE CREATION It THE CITY MANAGER Of AN OFFICE OF MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT; FURTHER SETTING FORTH A GOAL OF AWARDING AT LEAST St PERCENT OF THE CITY'S TOTAL ANNUAL DOLLAR VOLUME OF ALL PROCUAEMENT EXPENDITURES TO BUSINESSES OWNED OT BLACKS (17%). HISIANICS 117%). AND WOMEN (1711; AUTHORIZING THE CITY MANAGER TO PROVIDE FOR MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE PROCUREMENT SET-ASiOES AND CONTRACT PROVISIONS: PROVIDING FOR THE DEVELOPMENT OF PROr EDURES. MEASURES AND RESOURCES TO IMPLEMENT SAID PROGRAM. GOALS AND OBJECTIVES; AND CONTAINING A SEVERAIILITY CLAUSE. WHEREAS. Ordinance No. 9779 d'oaltng with minority procurement has been found to be in need of revision And modlification to strengthen the effectiveness of the City of "/aril's minority Procurement Policy and Program; dad WHEREAS, the Cfty Commission. in repealing Ordinance No. 9775 and in adopting and substituting therefor the herein Mlmes•ity and Women dusfaess Affairs and Procurement Ordinance is antherlIed pursuant to the Charter of the City of Miami. Sections 62 Gad 51; and the Municipal Host Rule Powers Act of 1977. Chapter 166.001 at sea.. Florida Statutes. as amtnded; and WHEREAS. the U.S. Supreme Court has upheld Dade County Ordinaace No. 82-R7. adopted July 20. 1984. restrictfng bidding om construction projects to 814ek-ow6ed firms when prior uwverreated discrimination has been proven; and WNEREAS. flndiegs of a City Of Miami Minority Procurement Disparity Study Indicated a substaatiaJ eselusfcn of minority and wesom•awhed businesses from the City's procurement process for the fiscal years between 197t and tilt; and WHEREAS. this Ordinance will prevent the parvatuation of the effects of prior unwarranted discrimination whit« has l A. Business E01terorise mean$ any corporation, partnership. Individual. sole proorietorshic. Joint stock company. Joint venture, professional association or any other legal entity that is properly licensed to do business with the City of Miami and/or Dade County and/or the. State of Florida. B. Minority and Women -Owned Business Enterprise means a business enterprise in which at least 51 percent Of said enterprlSo is owned by 81aCks. HispaniCs or Women whose somapessent"and daily business operations are controlled by one or more Blacks. Hispanics or Women. C. Contract means agreements for the procurement of goods, services or construction of facilities for the City of Nigot . O. Facilities mosoks all total or partial publicly fieaaeed projects including, but wither t limitation. unified development projects. municipal public works and municipal improvements to the extent they are financed with City money. *tilis@ City property, or require City services. E. Goods and services include. without limitation. psblle works, improvements. facilities, professional services. eosmoditias. supplies. materials and equipment. F. Goa means the percentages of the annual dollar vOlume of proturemOmt expenditures determined by this ordinance to be offered for Minority and Women business participation. G. Semisid* is the tarn which will be used to - designate a given purchase or contract or a portion of a given Pmrehase Or contract award for Black. Hispanic and/or Woman - owned businesses. Set asides may only be utilized where it is determined, prior to the invitation to bid or rtquest for PrOposals, that there are a sufficient number of cartlffed Bieck. Hispanic and/or WOsen.owned businesses to afford effective eompotitien for the purchase. N. Joint venture shall soon an association of persons* or legal entitles with the intent to engage in one carry out a $fall* business enterprise for profit. n08111 t R Section a. The Objective of the City is to achieve a goal of awarding a minimum of 510. of the total annual dollar volume of all procurement expenditures to /lacks. Hispanics and Women. 76- owned business enterprises to be apportioned as faIIowl : saventeen percent (17%) to $lacks, seventeen percent (17%) to Hispanics and seventeen percent (17%) to Women.! A. To further the goal of increasing the total annual vale@* of all procurement expenditures to minority and women. owned brsiaess enterprises, authority for a minority and women. owned busimolls enterprise procurement set.asido is hereby established for use by the City Manager as he or she nay deem advisable or Necessary to increase the participation of Slack, Hispanic and WOmeN•owned businesses in City procurement contracts. 1. 1t shall be mandatory for all City of Miami contracts and/or. procurement award documents to contain the felIowl NJ: (1.) A 20e01Fic reference to the applicability Of the Mtnerity and Women Business Affairs and procurement program established by this ordinance; (2.1 A provision stating the right of the City to terminate and cancel any contract or contractual agreement entered into, including elimination of the individual(&) and/or business enterprise(s) from consideration and participation in future City contracts, on the basis of having submitted deliberate and willful, fail# or misleading information as to his, her or its status as a Black, Hispanic and/or Women -owned _ business enterprise and/or the quantity and/or type of minority and womem.owned business participation; (7.) A requirement that each successful bidder Or Offerer agree t0 provide a sworn statement Of compliance with the provisions Of this Ordinance and its specific applicability to the purchase or contract award under consideration; such statement shall certify' that the bidder or offeror, during the 1 Vomfn, depending upon their own annual s#If.selection, shall be listed in only One (1) Of the categories: race, fthnlctty, ,ender. i 10oR2 Section 9. Should any part or provision of this Ordinance be declared by a Court of COOoetont jurisdiction to be invalid. saes• shall not affect the validity of the ordinance as a whole. PASSED ON FIRST REAOINC BY TITLE ONLY this _2t_ day of November , 1985. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 1�9th day of December 1985. ATTEST: . a . Mayor 01 City Clerk PREPARED AND APPROVED IT: ai 0*QUIen99ty City—Attorney APPROVED AS TO ►ORM AND CORRECTNESS: 44a ;t' City Attorney • _ AOJ/rye/ob/a0/t1S6 iQp63 �T iK- d= ,. x+ew;srFi "�4 "�'"" `•,.�,':G; aa� rir.�;��:x st �.''.. .�.+, �tFl«r. .'tsfr,S;c,�f ' , ;�,..it'. ` CITY OF MIAMI, FLORIDA BID NO. 86-87-141: SPECIFICATIONS PART 1 GENERAL 1.01 GENERAL DESCRIPTION All bids shall include all cost for the furnishing, installation, and testing of all equipment and materials; and all cost for the computer automation, for a laser light show as described elsewhere in these specifications. Bids not including all of the above will be considered nonresponsive and not considered. 1.02 EQUIPMENT AND MATERIALS Bids shall include all work for furnishing and delivery of all equipment and material required by the following Technical specifications and not listed in Section EQUIPMENT AND MATERIAL FURNISHED BY THE CITY. Delivery of all equipment and material shall be to the City of Miami's Bayfront Park Light Tower at approximately 201 North Biscayne Boulevard, Miami, Florida. 1.03 INSTALLATION AND TESTING Bids shall include the installation of all equipment and materials furnished by the bidder and any installation, reinstallation, relocation and/or modification of equipment and materials. furnished by the City. Installation of the light show will be within the Bayfront Park Light Tower approximately as indicated on plan sheets; LT-3 as revised 7 August 1986 LT-5 as revised 12 May 1986 LT-6 as revised 12 May 1986 LT-16 as dated 15 Sept. 1986 LT-E2 as revised 8 October, 1986 LT-E3 as revised 8 October 1986 LT-E4 as revised 24 October 1986 LT-E6 as revised 8 October 1986 LT-E2 as revised 8 October, 1986 BID NO. 86-67-141: SPECIFICATIONS (Continued) LT-E7 as revised 8 October 1986 LT-E9 as revised 24 October 1986 LT-P1 as revised 8 October 1986 LT-P6 as revised 8 October 1986 of the_ City of Miami's Bayfront Park Redevelopment Project -phase II plans (File No. Rec. 816). These plan sheets are included as part of the bid package. 1.04 TESTING Testing of the equipment shall be as required by the City's Consultants for the Bayfront Park Redevelopment Project, Fuller and Sadao P.C./Pancoast Albasia, Architects, and shall include a demonstration of the laser light unit in New York City for the artist Isamy Noquchi, and Fuller and Sadao P.C. as required by the following Technical Specifications. 1.05 COMPUTER AUTOMATION All bids shall include all costs for the computer program for fully automated control as required by the Technical Specifications. 1.06 EQUIPMENT AND MATERIALS PROVIDED BY CITY a) A Strand Lighting dimmer as described by the shop drawings for the dimmer which are attached will be furnished and delivered to the appropriate level of the light Tower by the City contractor for the Tower construction. b) The City will provide through the existing construction contract for the Light Tower, or by other means, the following: 1) Water supply and water supply lines 2) Drainage Pipes 3) Electrical power 4) Electrical conduits, conductors sad appurtenances for receptacles all as shown or• indicated by the abovementioned plan -sheets. page 2 of 6 U BID NO. 86-87-141: SPECIFICATIONS (Continued) 1.07 INQUIRIES All questions regarding this purchase should be made to the City's Bayfront Park Redevelopment Coordinator, Luther E. Long 275 N.W. 2nd Street, Miami, Florida 33128, Ph. (305) 372-4590. All questions will be answered in written form. PART II - TECHNICAL The Technical specifications for the purchase consist of the followings OVERALL SYSTEM AUTOMATION Fully Automated Control a. Single switch "turn -on" for complete nightly show operation including auto -load and run program b. Synchronous operation between upper and lower laser system c. Twenty-four hour perpetual clock and cue output to trigger programmable controller for non - laser tower lighting system. d. Additional cue output (or input) for program interaction with other external device (e.q., fountain, area lighting) e. Cue input for operation synchronous with music via standard synch format LASER PROJECTOR REQUIREMENTS Upper Laser System a. Dual -axis scanned output (Gl20D- or G100PD-type galvanometer scanners) b. 360-degree horizontal/180-degree vertical scan output via continuous and multiple horizontal revolution(s) of scanner and amplifier module (clockwise and counterclockwise) c. Pan speed range = 0-10 revolutions per second d. Pan/tilt positioning resolutions 250,000 parts per 360 degrees e. Real-time programmability of pan/tilt position and movement via joystick and keyboard input f. Pan/tilt acceleration and velocity programmable via keyboard input BID NO. 86-87-141s SPECIFICATIONS (Continued) g. Architectural/spatial considerations projection and control system to fit within upper laser room per Fuller and Sadao plan (attached). N.B.: scanner module to extend through and above 18" - diameter roof hatch (and seal thereto) during hours of operation; to retract during non -operating hours. Optical alignment to be maintained during extension. h. All-weather operation: scanner and amplifier module sealed to permit operation during precipitation i. Optics: steering and scanning elements with reflectivity greater than 991 for argon wavelengths; output window with transmissivity greater than 99%; substrates and coatings to accept 25W/cm2- (argon) without thermal distortion J. Intensity modulations 0-1001 beam extinction between 0-100Hz for dimming and blanking functions k. Safety: scanning source point to be of fixed concentricity within 360-degree fixed mechanical aperture to absolutely prevent output of misdirected beam; scan -loss safeguard required Gower Laser System a. Dual -axis scanned output (Gl20D- or G100PD-type galvonometer scanners) b. 90-degree horizontal/90-degree vertical scan output c. All-weather operation: scanner and amplifier module sealed to permit operation during precipitation d. Unscanned beam output (minimum of 10 output positions) to remote reflectors, as follows: - Programmable sequence rate, up to 10 positions per second - Accuracy/repeatability = + or - 1" per 100' of projection distance - Safety: double -pinhole type aperature for all beam output positions e. Architectural/spatial considerations projection and control system to fit within lower laser rooms per Fuller and Sadao plan (attached). N.B.s all scanned and unscanned beam outputs through indicated porthole. f. Intensity modulation: 0-100% beam extinction between 0-1000Hz for dimming and blankinq functions Jk page 4 of 6 _ w^„ BID NO. 86-87-141: SPECIFICATIONS (Continued) PROGRAMMING FEATURES 1. Real -tune programmability and editing of all graphic animation parameters via keyboard and/or potentiometer devices, including: size, brightness, x/y/z offset, x/y/z spin and rotation, perspective, frame rate, image length, x/y/z center, x/y keystone correction 2. Data storage a.� Floppy and/or hard disk configuration for non- volatile storage of 93 program sequences, each sequence to constitute an approximately 20- minute animated laser performance including aerial and/or graphic projections and each performance incorporating up to 50 images. b. RAM configuration for storage of a nightly program including up to four twenty -minute performances incorporating up to 50 images 3. Modem link through which laser system supplier may supply additional future programming. ADDITIONAL HARDWARE, SOFTWARE AND SERVICES 1. Lasers: 2 units of Spectra -Physics 2030-20 or Coherent Innova 100-20 2. Integral baseplate/table structures to accommodate upper and lower laser/projector configurations; such structures to conform to dimensions indicated in attached Fuller and Sadao drawings 3. Two (2) water filtration/regulation/pumping units 4. Twelve (12) remote mirrors: coarse and fine x/y adjustment; full -surround housing with input and output apertures; provision for attachment to poles (poles to be provided by others) 5. Meetings with and demonstrations for artist in New York City at artist's convenience 6. Software: 93 show programs, each of approximately 20 minutes 7. Installation of Equipment e. Three-day (or longer) training course for local operations/maintenance personnel to be conducted at installation site. 9. Complete and detailed operations and maintenance manual for all equipment 10. Design of upper laser's projector -- roof hatch mating details 11. Design and program of non -laser Lighting cues for Tower or Light Pigs 5 of 6 •V F ti •. BID NO. 86-87-141: SPECIFICATIONS (Continued) WARRANTY AND CERTIFICATION 1. All equipment to be warranted for a minimum of one year, with extended ,warranty coverage available for a minimum of four additional years. All control and projection equipment to be verifiably field-tested for a minimum of five years. 2. All equipment to have been used in unterminated outdoor displays with no objection from FAA 3. All' equipment to be CDRH compliant 4. All equipment to be deliverable within 120 days of order 5. Additional software (performances) to be available at fixed quoted costs 6. Documentation shall be submitted with the Bid to show: a. A minimum of 5 years experience producing outdoor urban laser light shows b. Performed laser light shows lasting a minimum of 180 consecutive nights C. These shows should be fully automated and attended by not more than one operator 7. The laser light unit to be furnished for this bid shall be demonstrated in New York for Isamu Noquchi and Fuller and Sadao P.C. E page 6 of 6 CITY OF MIAMI, FLORIDA BID NO. 86-87-141 a r.erll uw.11 at ontstrtl:':.lr► sasr Proess0 pnwtJlatt wlttlatlL11 t1:t-4'-:.s .rltll WK.tr 1.11 AAI'sCn.'loth El nii7 Prccec4 1 �t..1111.in1. If . rrtr..<: :+nf:n 1 rU1.7N1 �N11 inJ I:.Kw MIAs. "I... i::.lt 001, qbm"l d/xs l101 cor..`ly vull lM oominoms Y� :►:allwl sAsY np. Mt�iw sat lwilamuu ww M coy to tespoeslotei to C M11 twitorom w u t11e lu a:ltt Ior COW o to 1=1 AM A"Xw Ll cmp, lk'.ri.nc:ai�uouAl.^^��r�69 Strand Lighting BAY FRONT TOWER w►ti: Why 196r ON101: At!!1! MIAMI, FLORIDA SHOP DRAWING REVIEW r It K CORP. iH1f will COr1r-14 THAT lws $410Mls$It)lt w�i mhcwcw .eaQ ro vm tSiwlf5lm ro rnt 'WE a afgl Ummo OF flK AIL U" Umv fwtu Mw ... , . �' �MiM11[a Aa sN(1K111 a VNE /NiT Comma socimmm t1M0 I � i !IIIIIIIIIIIIIIII�llllll ll ll l I �'� � it / CITY OF MIAMI, FLORIDA BID NO. 86-87-141 1 »••w•r: .rIola rllllil...�•.. •..• -------.-...-- Ir111/11 I:A11114.1 I:IIa!111 :.Cl/1}i 1---- - 1•...1 --- 1 - . 1•w fMJ bn h.N11••.rq 1•• -••Iglu tOi ._ - flld•w•- -- 1I+1•IIM nl 1!. J1•YhI Mq•tM•M•. Iw••n� .�r'. r.i��'!r •. •'•/.N/ ' •... •/h. w1•r1 ..w .•IIK __ - w N 1•rr f�• .w wr Y •rN prw •M+•:1 tw .l /Kl.t.. !I /1I( -• - �"• . - M yar•yr M .a1•.A. ... Nf MI _ _ .r1. _ _. _ Y • • �.... ...... .. • 1•r.... _ _ 1 1 1 1 1 IIw.. Maw u•i.G/ o..u: 1� -) /bit .- - -� -- -. � - __ pw .w al..wls -_ - _ .. Iw/Mw / , •w .r.rs- ! 1 % A L Mb t 1 1 ] Inc hi pops" cam"• (• :. 11 -_._ _. _ -_ _.._ ..... 1 J 1 1 J IaC. t1•a.t ts�'� �/w rl wli �Iw t1Ya1 , kU l/ t awt.• epic. wawaw1 / t IaC Now1/er! ri k:!ae na ftttb - -J �- "'— ---- --- - - -- — - - - 1 .. �/ v m! W: -_ in mU If •.I r.1i AiA •1• .. •.•».I ir• N t.. t.w.., f•Ir• pN/Naq •N.q. Mq� p••rr 164.1 p111. Ip11ia La w:q tr 10 p1Y1r�1. i•� ti w a.r• •.w, � • bw•16ww�n C .•aw.111•...•IW.pY.N • /•.F,wnw 1 ..• ... •.I41106..I ./••/ KOPI.OIp p.• . •p ws-ab1 M .w I1 4q1.•. tw .t• y I•• Pk"s w .•- MY .1.2. . . fabWl N4•'1.�► •I.tttb t .11wW 1-tr• I'• as Ki tt I, am arm - wr•a.t t•qt faarwCrlw r•a' M aw .W Yt• l!1••C11a1 IM•M Nil I.w .6.0 •1r • ar q • I 1 1aIvr w.r.b//•I O/111I& Mfaa / I•It Mt- waalt. P P r•t.. /1-�� - 4111011 Wlrp/f.0 i MM stfw/1 •I•It M/f Mttralk 39 fwaw. 0-4 w wr.a .�.Z.� .. sonYar G Lou• • 1 1 • Iac. pint ---- .-- --. _-_--- . � - / Isla • 1 1 • IIIC. /A ].MY Ilea 1 1 • Inc- / _•- blllt 1 10 10 1 19sC _ Iand 1 11 6 Isla 11 1 111C Iw ••A .--__ /IAJI A IJ/1 1 I146It If/1 1 1 •14, 1-- 1�1• w./•Iw INC_ Hula -_ _- -- I - --- . psi*- a.blY 17/1 1 1 1!� Inc 1101E ��.A f- -- N•Q I. . T{.. ..•I.•.w t••.f1 �r Iwgt.K ba rYr Ur wlNw WI�t 11 ��11at1. cttC11K t/wl aw OAINI IaN N illbwa a Iodine. 1. MA ww poem/A•a tMr 11/1 It I•.• O t1l M a t. w••lw1 •y1AM NYN ``IIONI a1'1 I11•wa► MINE face aC I.11 111 f1Ism wlq fUapal. p- q.•I.a 111wl-n IY W."a Iw /.01 cm- wN. .. 1•Y1,rN. wlM'r'•``•. r1•(1�a1W1p1a1 •S ft' `.`MNO a. WI.14 �YINNfilIM1.MLKWNt�Mb1� IUt1 6/.4 lob wlw• c.. c w .1r11b• �.+-ors �.w1 I.r•I wn1 t.►1•w1• :iiN s�ui:• i� i G..." June 15 r 1 1 tKOlson w L. sail .Iaw �,,�1�g1�ylp1 a�• 1■p�p1� 1� w11 Iw1y .MtNlls MR . • on N z 1 .1 •mot —/`— -�z— • � - ksbanli Lighting .q.r I ' :.w c UK- --- IIW III>aa ul.al«t appall! • 101 N CITY OF MIAMI, FLORIDA BID NO. 86-87-141 na=aff■iJ!;!smss: t19N:f tui f• A>N• f11p1101 u+ In•.rnft / 1 1'IIQN fllal 1 .!w ivgdr ifr, /f#.. 1 1--1'I�Ir I.1�h11 1 nab' rM /i flfll .lfN 1: I l'.f.l 1•., fart 1 1'71.'.M1l.i.11 f.Ml1:-1:111.1F1■ NI/:l.1' •./-1)•! I.�i'1SN!'/Mt/ 1 .I�M�If1it �IM1f1.1t/.11 In111f �f A �A t LA is• fi• u c 6 :00"Al fit to 141 w.i.Y/..! 1.1>I C-060it �PQO I c.wcroy v..a r_._L;ird 1 ��wf•t 2 .vordr: i«V 41'�;1.: fNMM■ 1tN .q■ fY.■ ■r MM R/t■+Mr i•ri•/i II �r �O iiw••�i /rrrlcMA !� Stro/ul I h�lltiluu sa •r-z._,w/-,�y.�>� «......... A « ».� ............... Fir- CITY OF MIAMI# FLORIDA BID NO. 86-87-141 1VI 11 f.6.N«w IIof1�o I.a.INB w++f ttluls,lt. N t aM IWO 1n.Mai ill l �- N 11 N>w «MM' MM•• it ,,,M.,t...KMn..-�••* Ir..s.N. f 1r'r Mrfi j 11 Mon w�►'a. f.if«. to o+-w •••�+ f.•f••f trwd �'ov— bow" . ,m .faM/.wl 1..►.a-. t/ C •� .~f.M fa r.•�Iw S N ,� f►.aMrt i!N t•• �+�` t0 fit NM ►••wM N iM •. CowtM iO4'N'�'t• + I.i+ Ko•.00 N oiNf.fAittN.11t4 aM w M f11rw .,. V► M N "Aqo" Nd1IMMKS too looked" + spot" oflods /K"N f ilts ,.• N o� io j� A�i� Mf. o/q =o N Is-wa, - OW =' _. - SO 411 •vr -Aft "m AI! M4 to Ij as-vr tt.of• 00 A.W d.,M IWO Mf! ja a, uAfir r&b so j. f M•M>t 1b� � M N Mt' d.Mf No �A M r,�M INf ... -00 w •p�If M1r 42 is iMf . 44 p.11>1'b11M /Mf W...IM• w Naad • sN.�' wµ"N ad. oll. ftb VNI m+"R Iwd otld/d Rooms f„ tAWWWt Iwsl>wf MIo ..010.4*+069 cfatM.Mlt + 1.6 M1M1 Mf.al QulBas'rd pcsssows� . IN. a•••"►► N.u.ta• NN w too f.•.d.. Sol .N>a N1l v.q1 a..w N w! vj .•M 1t. BIN m. aaM. Oa.ANN.N2: Mla V �� .rt.gl f...• N 1a rl.WNr. to, a.r++... NNq.N N/• N�'�1• vy,f vv w a] vl•••�'�' nf. [..ad'•• NM.BOIl,Gaza Not ffi-a►� Nw 6'" NNl t r11t 1f. 00 NNa / tlfo d.yYMA1. of/ t1n.ldt Ilw am Sid!: Nj'tN1111f r1f ...+. wasIbDtr so ata sj "ft aao powe. Br sayI/Y►Ir w"NN/j�.mmob"s 11" W sm t ,w• sm e>nt� �•jlMlij•OIO 11f�•Ma b" bw"Nam 0 n N Lick ...,,,.....r AA 14 [.rw...ru.r•. �...a+..J of. .M .. aM..rN M„..r,,..... .. 1•M=� 11i• MIN N�...Iw� Y.Nf N./1dd/ 1/..6" Wtuf 4"a W IBM N..rwJ -..% [1•.....•J 40 how, ....1r0 estaujul i�•hlloldipa�. ,t11NN4t to 9"1"4 N110"s N11CN N��w1t:n1NNN CITY OF MIAMI, FLORIDA BID NO. 86-87-141 asacaas=sassscass f- - rri GLHf/�.I�AJRINS — � N O t•—/ >�...� C�rw/ Irrt :•a••1 f.MwHr (......r.♦ . tea` C4 ,. GAr.aN U1. r., / fy.. .r ..rw..« � M...r. ���. � �if Air ��i� - �. �� �� _... ����*. i♦.:.; _ tt�.r h�••♦I �eeel iw11e1/ iM•uI rtFM/ Cr..re tIMaM ie �Atar♦/ Catwd (tVr111f U♦..r/ C♦+«o �� / .l J / t .I ♦ I l Jf Lt N ir k o ltltr/ fl�wef♦. C.r.w♦w♦ l.Mr� lr..♦u� Crnww..f Cw J•... $Gr6i1Hf �FJZ —� rd! Mr�tlli) G♦flyr /�.r Grf K^ rt t• ♦ i l.t+wl♦. if..•rr a.nN plrrN t'i...w � t � TitltltlL� It"u Li:fXr CMuwN Celyd C�+aal u..r /rarw iww t/rrr♦I Ce�ffr/ CMw.eI LA�n♦/ . • lee++�V f+tr.M !�/w► Li•wwtrrl irrs/ � f i S y u v t.4••/ CN+Mf G>.rn.N I Ctw.♦/ a e t I j J rati f> _ L.M../ :r6rluM AiMrNa �MwMr/ j. Crf Ai Ot!1Q ffA.re t/I.N� G*rr•M CArnr♦I ♦ I j lrlr♦Wr rt+ewlM CIsW f j �• iFwrrM &"s~ Gw�w♦f Gw♦+•♦f l.rN, Ctww$ J =C1I1.0 UoIl_ SCIMM FACliOM CORPORATION SID Nt>Mt 86-87-141 TABU Of CONTBI�fTB 1. Bidder Acknowledgment 2. Bid Sheet 3. Bidder Certification 4. Bid information Sheet b. Science Faction Corporation Bid Number 88-87-141 City of Maims Laser Light Show Projection System at Bayfront Park 6. Attachment "A" Variances and Stipulations 7. Attachment "B" Performance Documentation S. Attachment "C" Dimensioned Drawings of System Components 3 4 O. Attachment "D" Science Faction,Corporation "Purchase and Sale and License Agreement' Including Payment Terms and terms of Warranty J ��iCll °�J1� �tL'X�. � �. i�i 10�7l9 �.,i �'�t``� 'tl'1�X 23�R7 {�.�` ����►, � • . M•.�Fr....a�rw,i�r..�.•1.a%.LH..rMi'�.tf.`i.t+cr': wa"fi"'.. .. 1= u -- - OMao-elAft City oeck� CITY Of MIAMI;:�QR�p�1 i4i-- _ INVITATIAM-T=1 •, NB m1;.F1oddm 33133" • Bidder-ACknowtodpwo , _a ►904 of T_ELE/HONE NUMBER MAILING DATE ICltyi 110 NO. pqn fa tomb r- 2 • 198 86-87-141-- -- !tsN mm oe aponod BID TITLE October=5;.-19.877atc21061aisM .. L 86=Projection-System for Ba heat—Paskr- .�..K.� . end may net DO WNW Iwo In tons" days Baboon tOr•'ne bd". .. - - sftw Aim dell wnd arne.t-. All two made M a MW Df thb bid ~ iolMemi M Applicab wasem of the "to wo sodaof the city of Mwm*.- NAMR OF VENDOR /► CORPORATI:tN OF THE STATE OF: AREA COOS TEL ►H0NE��Ilurrr��BER � V�MOOR NO: SCie[= Facti=_CUrp. _ Fat' Y02�C_ ZI.2 — 1J11 MAILITIU AppRWO NRNDOR MAILING OAT[: ..•- 333 W. 52iid Sty October_ 1,.198 :. CITY.STATE•ZI► CENTIVIED ON CAP*@Wa CHICK Ob a10 bONo it Tina York, New Yo& . 1=9 , . ` ATTACHED. 211E114 sioulaEb, tN THE ANm mT OF t :NA. I twesov IAM " " is Onaw .U~ W%W YrdWN oowoe . a/7elwNtf• or taregrtraw w•al otw formoreaaw. Aral. or mww NM,wlws. AnI Iar.OW AUTHORIZED SIGNATURE IMamldr+. cCO"Issi,`�iw i SpW a or � SN aw `semi minute i+Nwe`ai ` Ricbwd C. Swxb= 1t Met I aa, amaw"IM is ot't ass ors Ur ow "Wm- AUTHORIZED SIGNATURE ITypel:• WU GENERAL CONDITIONS ImoDERt TO heave ae Waln to the bit, loifatn M*m inetrtletio" _. . IWALRO bl0tit Ad bid atlaala and Mile tenet ffhM to @Kom td aft Wb/Mned In a strewe sm o"w& TIN face • Nta W^V"ae smil eantoln. MI amsi" N the aatve eaaraw. tt,t MU tree Ntne M MN tea veww". am (he bid nutmeat. aim nN oubfttlttad an attunes bw Itrtn muv w rwlea• I". AU slat aft Wt1 od is M hnaNNlai so "I" harailt. Ttww „AIN11 se rot ea++sM nr r to enasw eQ,dltiaia On wslwet is tyl actNn. ; . . 1. EiIRCUTION Olt RID: Bid m1Yat contain a manual sltnaMre Of An 4WvWlata rW@Ap ltaNvg in fM apace prsvWW DAM. The Conooft ti waraf a Iai aaaer an swl ONa M ale Ave is ritpina. Mier BID of N a bld.fbaaMdb►retilN1ltisanataDr wr Okla �fi". teed OaM A MM MOM M Ow apace aMw. mapNsed team Is OwM wlaiaVl aiM(iCNttf k" �bN afaNlflb MN. O� M► rfrlMl►M M MN f1AMIK1 naiao aISIN NOTE: Ta awIMT M s ressm"e n. b~ NNW sllbmwi O "NO 910• . oft it ffkW M re"nrad 1N Iaver MNA MN SWIC bW OPIUM Bats and Woe L BI00►ENIIIOI P40 bs "Okuda NO dell and Of swum a0 W1 on as bw Wep. K Is IM blddar- re"nsla11111t 1s ttwre West Me bid It Ilreraa at the wow Mime No Maw Of NN ow so"". Rice TWO NM /itaan art no N slaNw 0 sets M1 in w4werem. Often OV toNwafb w ISIsp11A1a an nM WA"tabls. /. 616 TABULATIONS& WO nOl be dMtllahN. !id fitwa OW bt atrbwla dwav ""OW werme ileum. I. PRICES. fees- PAYM0MTl Pirm Prices Mta beow""r pa aowns MMMIM�MrM fiV% teNN 6Ii1hee6~ Y _ ~ se1N M NM 1ha date M MtlaholMll N seentens or freer reteioe r earrwet A,vtlss al iha taflta INiMMMWhaw► M bllar.. i . ► . a) TAXIII: Do no Inchrde stave or twerei eerie. tMev/RmW is RItMMti0llttlaw. • bl MIETAKRa: Diadara ors e+:s/Ktea h asOlnlfa Olt ataslllaalltrtt. sfn 14. ail antes. a Il mom am to bta1r1 ""m psrg1 M to suppiles arts servicM. 11101wrt M M N WIN Ae of 0DISCOUN'TS: VAN be csr*k w w In deform,mMR an wmw met. rose. di CONDITION AND ►ACKAGINOI It Is wNsrsrsas ens 0~ aye env, fssm otlNes w snippae as a rMWr of so bw LVA M Steele teurrem/ ereOVetom mom of Mee NmM M tAb; MI. AN all. Iwlllars sr -all in awtvalw tar storage M a low-o e. and an prices Wall N ckw staMard eme mwetai pacusmp. 41 SAFETYSTAkOAROtiUrtlsss •rhw.Ies stlooged Is flea tad, WI ow"A a ed It=* ant 1"moted Saoaulskee *41 n.l asapaf wish upphoome uir meme sd Oatapa�Oai _Safafp wW ri.4l1h Awl endmy sten4"s fhwwum ur. 1I YNOIRwatlTRfti' LA0011ATOR1415/ Umbaob' atlp "I" in we aft. ate ansoweantras Melee WA 11 111 ONWMtsa a" Y•L. approve and faaabwlbw�.MtdiR! lento Was w bean a me"WM. $1 /AYMVNTt ►•ynant wim be mute by ate Cft MIIr as WOM NOV"" so a wea w have own f9mved. MOWN& M/ Ia,llld M tettJoe seiMl OaYMs yaq�NsfMlta. NN M eitattM M tt/Mf ale! p tltvalcM. AI) Imm m as smote boar ON ItMMMb s. DlLWntf UMM 0~ date r 4411vOM ` U► IatdMNi attbary cotVlsl M alaq. /hs,v tlYttlbtr Y ��maba daMvaev Near rtepla/ M 1p� 1�srl�Nbyp drat/ M_ DAMh.w9""obegas MNM MMfr{� M+f Vtar. MbnMT "VIb POW. I, IM"IeUTACTURRtE• NAM/1 AND AI►ROVltI ! Boom ANp t#atMmaCtVrwra•itMyylmbstM. Mate b+Nls M. MMantl'al.ni» pMtN� � y�y fR+r a:aaw tww apwwtcatian ftr ally u . a dPb lRbM� . A- 1 .CP. V lm. FLORIDA._ P.O. BOX 330708' -- PROCOR3:t!tElQZ"'Ml�1+tACG�tEbt'1�' .�... Nl :.- FI'O dets. 319 'a 8 Telephone--.579=6380- DID_ 00.86-87-141 s BID SHEET WSW IMPORTAUTf_ Bla• SHEETZAND BIDDER ACKNOKLEDGEMMM MUST BE_ RCMjrjBL'Q.. . IN DUPLICATE IN ATTACHED -ENVELOPE IDENTIFIED'I r NUMBER* . TXKS-1AND- DATE' OF BID OPEC ZNG. S"-Atta *1=t-"V' Page 11- Article XIII ' Terms: _ (Include. cash discount- for --Aymenc, —Many) Additional discount of NSA S if awarded all items. - • _ Warranty sad/ot guarantees See Attachmsnt-'171, Article II; pp: •3 =�` - State aay- variances to. spocificationw (use separate shsaAffIl .. necassa ry) s Sao A stt+}*nanr "T' "7 ri jmr• d Cf-4.o,1 �r•3.,.,�rr " `�"Sr Doliverys =&Q 1,1gcalendar days required upon receipts ot. Purchase Orders Delivery Point(s): Miami's Bay_fzant park Ligh,�owe�,,,•�! 201 N. Biscayne Boulevard sue` •" Miami, Fl 33132 n accordance with the invitation to Bid, the pace cat oaa• General Conditions, Special Conditions, and General Iniormatiotr- to Bidders, we agree to furnish the Item(s) at Prices indicated on the attached bid sheet(a). MINORITY PROCUREMENT COMPLIANCE The undersigned bidder acknowledges that it has received a_copy of Ordinance No. 10062, the Minority Procurement Ordinance of --the City of Miami, 'and agrees to comply with all applicable ; substantive and procedural provisions therein, including: any amendments thereto. B I DD E R s Science Facti ch CorpMti0a signatures company naswe •.. Print Names Pdvhwd C. Sander Indicate if Minority Businesss Lutes October 1, 1987 , t 3 Black C I Hispanic [ 3 women ' 'FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIMY .. •THIS BIDS ' • / r jj! -mow" ��i.w�..�,��, • • . .. • •• •... +.ram,. �ie��rlf9l�i�ic� ._�...r..•.•--- ., ,G;•-r�_ - --.:6i�ij� _ = s.... MIAMI F.: �# i'LLIRIDA� •s+ rr:.'�3- i �;4 '; ,. awl:» ="Tr�f�tk�i.�Y'O:...:. .K..�....•........-- �'�'" -''�'. 77 8 7-.411 BID SHEET- 7'- __e IT.�:._-..DESCRIQTION:: ."A 1... Laasr: Light- show-Proaection-..System for.-Sayfront. Park,._ • includinq-equipment, materials,,..inatal lat•ion-and ^- _ programming (in accordance with specifications) Total price $298,200.00:' warranty: Oaa ai years for all ecudpent m3rwfactured by Science Facts F.1j&tsa.= : For all er t actvred by Spectra.Ph cz- Additional- cost for warranty after original year(s) expires S 112 000q0 -per. year for Sciame Faction Corporation At $ 8,000.00 per year for Spectra-PPMica eq pment. i ,® _.7 f s_ Social Security or Federal Employer Identification Number 13- 455939 BIDDER: �actioai Co�rparatiort y company name Signature: , FAILURE TO COMPLETE SIGN. AND RETURN THIS FORM MAY DiSOUALIFY THIS — }g .as-104 b i y..- - City Of Mlami Coda bee. 10-5G.4 T. . (b) Authority -and. reluiConant to debar and cij:i�cnd_ After-ransonabie notice to an actual or prc3pcetive contractual party# and after—roatonabla opportunity to such party to..te heerd, thazetty-i manager, attar consultOtion with the chiat procurcmant OCticer and trJ city attorney, shall have the authority to debar a eonttuctual tarty for the eausea listed below from conaidaration for tuard of city contracts.. The debarment - shall ba for a period of not fewer than.. throe (3) years. • Trio city, manager shall also have this authority to suspend a contractor-from-considoration.for award of city contracta_if there la— &_.probable cacao for- dobarmont, pending tho debarment dot oral nation# the authority to debar and cuopcnd contractors chaiLbaz exercised in- accordaneo with regulations which shall be issued by -tha:. chief proeure:i-ant officer after approval by the city aanager, the city, attorney, and.tho city commission. , Cauces for debarment or suspansion include the followings I. Conviction for comiasion of_ a criminal offcneo incident!.to_ obtaining or attempting to obtain a publie'or private contract -or; subcontract, or -incident to tha performance of buck contract_o=,- subcontracti 2. Conviction under state or fodcral statutes of embezzlement, theft, forgery, bribary, falaification or Jostruction of records, receiving stolen properrty, or any other otfenac indicating a lack of business integrity or buninaas honastyr 3. Conviction under state or fadoral ontitruut otatuica arising o+tt of the submission of bids or proponalat 4. violation of contract proviaiona, which iu regarded by'tho chief procurement officer to ba indientivo of nonresponcibility. Cuch violation nay include failure without flood cause to perform• in accordance with the terms and conditiona of a contract or- to perform within the tiuo Limits provided in a contract, providod that failure to perform caused by acts beyond the control of -a party shall not'bo considered a basic for debarment or cucpcnaionr 5. Daharment or cuaponsion of the contractual (,.arty try: ony fodcral. state or other governmental entity; G. Falco certification pursuant to paragraph (c) below or 7. Any other cause judged by the city wanagcr to be co acrioua and compelling as to affect the reaponcibility of the contractual:. party conforming city contracts. ' (c) Certifications. ALL contracts for goods and cervices, and leases by the City hall contain a Certification that neither the contractual party nor any of its principal owners or personnel have been convicted of 'any of the violations act forth above or debarred or . auapanded as'aat forth in paragraph (b)(5). The undersigned hereby certifies that neither the contractual party nor any. of its principal owners or personnel have boar convicted of any of the violationa set forth. above, or dabarred or rucpandcd as cut forth in paragraph (b)5. Conpany nano& SCience Fact M Corporation Signatures (RETURN WITH DID SHEET) 04tot Octobw 1, 1987 FAILURE TO COMPLETE. SICMF AND RETURN NTHIS r0rj_j MAY DIaQVALZFYTH28 Ip. •-y-- =•�.: = BZD:NQ�..86c87.=3'41 INFORMATION" SIiCET' MINORITY CLASSIFICATION AND PARTICIPATION 1. Indicate MINORITY/WOMEN CLASSIFICATION of Business Enterprise (BIDDER): C ] BLACK C 3 HISPANIC C ] WOMEN CX3 NOR -MINORITY I • 2: If- OTHER, detail MINORITY/WOMEN PARTICIPATION within- your — firm, or -as as it. may apply to this bid, if awarded: A. JOINT V MMRE: Provide Information regarding Minority/ women firm participating as such, and.:the extend of participation. 4 of Dollar Firm Name Business Address BID Amount B. SUBCONTRACTORS: Provide Information regarding Minority/ _ Women firms participating as such; and�the extend of the work I of Dollar Firm Name Business Address BID Amount KA C. SUPPLIERS: Provide detail regarding ciinoiity/ Women firms that will supply you with goods or services, and the extend 4 of Dollar Firm Name Business Address BID Amour D. APFIRPlATIVE ACTION PROGRAM It existing, Date Implemented: If planned, Date of Proposed Imp ementation:A,--- UIDDERs Scj"e Faction Cn*'1' =rjn +, Signatures FAILURE TO COMPLE'PE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY Yff 1s 88-1046 . �%� SCISNC6 FACTI= CORPORATION EXp�A BID I OM= 86-67-141 CITY OF MIAMI- Science Faction Corporation- offers to supply the below -specified equipment- for the Upper Later- Projection System. One (1)"unit of the•SVC - 360 Projector, with the following ft It 4•"`�: features: = •' Dual axis scanned output via two (21 120D galvanometer - '`` �••� scanners and two (2) SFC Scanner Amplifiers Scanners and Amplifiers are enclosed within a sealed Scanner Module to permit operation during precippitation. (Note: SFC does not"recommend_use of the equipment in severe - woather•eonditlons, e.g. gale force winds and rain.) ...' ' Scanner- Module may be translated vertically along three- rod slide extension to extend through the root hatch in upper later -room. Optical alignmont is maintained during vertical extension ' Scanner Module is commutated to allow 360-degree horizontal scan/projection range via continuous revolution, clockwise and counterclockwise. Scanner Module also tilts - back -and -forth to provide 240-degree vertical scan/projection range. Pan speed range is O - 10 revolutions per second. Pan/Tilt position resolution is 230.000 parts per 360 degrees. Pan/Tilt positions are real-time programmable via joystick and keyboard input. Pan/Tilt acceleration and vellocity are programmable via keyboard input. ' All reflective optics provide greater than 99% reflectivity without thermal distortion via fused quartz substrates and multi -layer dielectric coatings peaked to 488 314 na Argon wavelengths. output window provides greater that 99% tranaaiasivity without thermal distortion via fused quartz substrate and anti -reflection v - coating for Argon wavelengths. Scanning source point output is concentric within 360- degree fixed mechanical safety aperture. • Scan - Loss Safeguard circuit incorporated in Projector to provide priority closure for shutter to terminate projection. ' Intensity Modulation Is provided to achieve 0 - 100% beam extinction between 0 - 1000 Ha for dimming and blanking functions. ' Integral Baseplate (honeycomb core)/table structure to anpport 9FC - 380 Projector and spectra Physics 2030. in conformity with dimensions Indicated in Fuller and Sadao drawings. continued... SCISM FACTION CORPORATION BID NMB 'LR 88-87-141 CITY OF NIAXI PAGE TWO One 0 j unit of the 8PC Laseriter Computer Control System, with the fo lowing features: • SYC Laseriter CSQ Software, providing single switch turn - on for full automated nightly show operation. including — auto -load and run program routines. • Cue output to provide synchronous operation between upper and lower laser systems. • Additional cue output (or input) for program interaction with external device (e.g.. fountain, area lighting). 0 Twenty-four hour perpetual clock cue output to trigger programsable controller for non -laser tower lighting system. • Cue unput for operation synchronous with music via standard sych format. One (1) unit of Spectra physics 2030-20 High Power Argon Ion Laser. Science Faction Corporation offers to supply the below. specified equipment for the Lower Laser Projection System. one (1) unit of the SPC LaserCbeser 2 Projector with Wide Angle Scanner, with the following features • Dual -axis scanned output via 0100-PDM galvanometer scanners for 90-degree horizontal and vertical scan output. ' Scanners and Ampliflers in scaled projector housing to permit operation during precipitation. ' Intensity Modulation is provided to achieve 0 - 100% beam extinction between 0 - 100 Hz for dimming and blanking functions. ' 10 - position unscanned been output (for projection to remote reflectors), as follows: - Programmable sequence rate up to 10 positions per second. - Accuracy/Repeatability: +/- 1" per 100' of projection distance. - Safety: dual hemisperic aperature provides double - pinhole output aperture for all•beas output positions. t continued... 7�- 1'/`�j■ � ICY SCIBNCR FACTION CORPORATION PAGE THREE BID IIUMM 88-87-141 CITY OF MIA= *-Integral Baseplate (honeycomb core)/table structure to support SFC'Laaerchaser 9 Projector and Spectra Physics 2030- 20, in conformity with dimensions indicated in Fuller and Sadao drawings. •• Equipment- will fit within lower laser room per plan. with all spanned and unscanned bona outputs to exit through Indicated porthole. One (1) unit of the SFC Laseriter Computer Control System, with the following features: SPC Laseriter CSq Softere, providing single switch turn - on for fully -automated nightly show operation, including auto -load and run program routines. Cue input to provide synchronous operation between upper and lower laser systems. One (1) unit of Spectra Physics 2030•-20 High Power Argon Ion Laser. NOTE: The SPC Laseriter Computer Control System and the Integrated SFC Laseriter CSQ Software provide the following Programming Features: • Real-time programmability and editing of all graphic animation parameters via keyboard or potentiometer evices, including size. brJghtness, x/y/z spin and rotations. perspective, frame rate, image length, x/y/z center, x/y keystone correction. • Data storage: Floppy and/or hard disk configuration for non-volatile storage of 93 program sequences. each sequence to constitute an approximately 20-minute animated laser performance including aerial and/or graphic projeotions and each performance incorporating up to 50 images. • Modem link through which laser system supplier may supply additional future programming. continued... 1'.. _ scrmres-FAcriou- Ttalt- BID HEN ee-87=l41 CITY OF MIAMIC-� PAGE FOUR Science Faction Corporation. offers to supply the following additional__. equipment: " � Two (2) water filtration/regulation/pumping units. one (1) each for the upper and lower laser systems. *T Twelve (12) remote mirrors with the following features: r --coarse-and fins x/y adjustments -full-surround enclosure with input and output apertures hypo others) for attachment to poles (poles to be provided SOMARE AND SERVICES " SFC offers to install all of the above -specified equipment and to provide a complete and detailed operations and maintenance manual therefor. " SFC offers to conduct at the installation site a training course (minimum duration three days) for local operattons /slaintsnance personall. *- SFC offers to desi n and specify the mating provision between the SFC - 360 $rejector and the roof hatch in the upper laser room. " SFC off are to design and program the non -laser lighting cost for the Tower of tight. such lighting to be produced by Material provided by the City. " SFC offers to conduct meetings and demonstrations with the artist in New York at the artist's convenience. " SFC offers to supply 93 show programs. each approximately twenty minutes duration. EXTENSIO0 OF WARRANTIES * SFC offers to extend the term of its equipment warranty for up to four (4) additonal. consecutive one-year periods for an additional annual fee of Twelve Thousand Dollars (f12.000.00). " Spectra Physics provides an extended warranty program for the 2030-20 lasers for up to four (4) additional. consecutive one-year periods for an additional annual fee of Your Tbousand Dollars ($4,000.00) per each of the two (2) lasers. " SFC offers to provide additonal software program performances for the additional fee of Two Thousand Five Rundred Dollars ($2.500.00) per programmed performance based on a minlmum order of six (a) such programs per year. SCIZKCT 8ACTIC TCORPMT103 BID KtJ eR so-v-m CITY oY *xrAxft:'- A77_ A MET 'A• VARIANCES AND STIPULATIONS Variance from the Specifications. Terse and Conditions. We indicate no variance from the 'technical Specifications for the Laser — Projection System for Dayfront Park. We are able and offer to supply al L. • of the specified equipment. programming, services, warranty --rant. certification. C! We indicate the following variances from the General and Special Conditions of the Invitation to Bid: We stipulate that the equipment does not carry U.L. approval or -- reexamination listing. Mitb regard to Part 1.03 of 'Specifications" and the September 23. 1981 "Addendum No. 1" thereto. we stipulate that the materials which we hereby offer to supply are compatible with the materials to be furnished by the_ City. As such. no reinstallation. relocation and/or modiflcstlon of tbe_fr City's materials would be necessary in order to properly interface with the. materials we propose and offer to supply. However, in the event that.ther•- City, for its own reason or purpose. chooses to reinstall. relocate and/or- aodify the materials furnished by the City, then the City shall be - responsible for any and all costs associated with such reinstallation@ relocation and/or modification. We stipulate that this Bid for specified quantity only. We stipulate that the total price is based on the consideration that we be - awarded the entire lot. we further stipulate that our offer to supply materials and services is on an all or none basis. If we are awarded the contract, we would not provide a •performance bond, letter of credit. or other fora of surety. We respectful IV request that the City Commission and the City Manager waive this requirement on the basis of our substantial history of successfully supplying the specified materials. and that these materials are standard. "off -the -shelf•;. production items that we have manufactured for over five years. X research, development or engineering would be required for our fulfillment of the order. Moreover, we have demonstrated the reliability and effectiveness of the materials and services that we offer to provide herein, throughout the world in thousands of performances, including our August, 1965 performance in Bayfroat Park during the groundbreaking.. ceremony. It we are awarded the contract. we would require a variance from the stated payment terass we would require a Payment in advance in the amount of one hundred thousand dollars. or approximately one-third of the total of - our bid price. We respectfully request that the City Commission and the City Manager aoeept this variance on the basis of our need to purchase tp� two "Spectre Physics Model 2030-20" lasers sixty days In advance of thel! delivery to the job site in order to thoroughly test then prior to Installation. It would be financially burdensome torus to finance the purchase of these laser components. 1 i - SCIENCE FACTION CORPORATION 510 1tU1<= 06-97-141 CITY OF X1ANiAMGMT Or We -include the -Immediately following materials as documentation of several — of our outdoor urban laser light shows. V { t r . L-I iz � i .- � y58•+ u s'� WOM egXMI on VWWM ► 9rIMh Cok n+bfa Canrde Mars-oetobwit lose am 6t Po ear 1866 c�v6ce03 Til NMI 669-IM T.wwo4•54264 ....i.��.: "� _ - .r - T '.sue"�,._' _ - _ - ��e► .October 6. 1986 Mr, Richard Sandhaus Science Faction Corporation 333 Weat•52nd Street Now York; NY 10019 Dear Dick ' On behalf of the Expo 86 Corporation, we would like to extend our warmest thanks for your participation on International Nights of Fire. The production has become one of the largest and most popular onsite and would never have achieved such heights without your personal contribution and the professionalism of the Science ?action staff. All the besE in future endeavours and we hope to see you soon. Thank you. !lisba N. Tarasoff Glen Priest tanager Assistant Manager Entertainment Services Entertainment Technical Services Pamela A. Loughton g. 1 Assistant Supervisor 4 Entertainment • � Technical Services � - f MNA�AI-- 1=! 9as TMU 1-2 4 1 SC I ENCE FACT-Z ON The. Night. the ght Died lj' _you've ever lived In the Northeast you've been asked "When W&V you when the lights went out?" The Urban Light Festival In New York commemorated the Great Blackout of 190. -s f yw re old anough to remember the aril► '60e, several events probe* Wit an inddlbfe mark an yourr Me. and everybody else's. They weni historic moments that. when mentioned today. malts you remember where you was. whet you were doing. and fie dreumsw en sunoundirg your ilia at the tune. Ova was the assassination of President Kennedy. Arodar was the Beodes' Arst sppearsnc� on the Ed Sugven Sh m And another, if you tved in the Northeast. was the Greet On November 9, IM at " on a er "kai bug" Tuaday in Mew may. rite Ig► is warn out Not ) * tha street Wit Not a couple of burildtrgs heat and then. Everything. Aff at once. Modem Manhattan had- been thrown back to another age, into the gkxom that once accompanied every ni9htlet along with 30 rni ton over Easterners to the north. New York City was particufarty hard hit because the pow faikee struck just as though Mr. ftuphy had planned it petsonaUy. at the worst possible time and under the woes possible yes — hush hour slier dark Thcusands were stranded In elvier tors and underground in Immobile subway cam not what In the world had happenIt was, one might pun, an enlightening experience for anyone who aver wandered what the modem world would be like without eiecalcity. it was also a weltoble lesson` We learned that; arafktel tight does more titan 'meow" day. so we can work Oaten and play lomer. We also draw trorn OtQFt an emotional uwmd% a sense of eeeurtty. akin to the physical wnndn we raeelve from a convoiled Are. am though ter rn not be helpless.that's how we Aid VAMM4 light Thu pow of =raw a toshow lust now lnsportart I ^ In all w mariyand venous forms. has bacon o to do city. Co. sponsored by the New York dopier of the flurNnadng f.tnannq Saiep►tIffmand the I nta n tionaf Association of �iltlftg SDeAs IAWI ono asietall byan lwuctcw Patiieira al' Ossign to Mew Yak. (Am tdw est wine a fourdey festal held an tine 2dh annmermry I te blackout fast Movemoor 69. Focusing on the many ways Agm tan be used b affect an urban environment. it encompassed the architectural to the avant-garde, with Indoor and outdoor special events, a tour of the city s best examples of urban Nphgng, and a aemirw with a panel of anchRectruat aghting experts an the bum ruing aw 6 W*V engineers today and In the hutttte. Thu ides Ion the fesifval started early in 1935 when Pinckney. who does not remember the Blackma because she grew up in NWnesoa decided to present soma land of outdoor leer pasfonvence as part of the yeahy Program of events sponsored by the eS for the design community. Cesar light really speaks to the urban environment." said Pinckney recently. relaxed for the Am time since the planning for Urban UqM began almost Ave months before "it's incredibly powerful and win amting. and the city is bath of those things. There's also uxnething icy and idnd of thrmrening about lasers. yet they inspire awe. l think the crty's that way, too.'. Pinckney planned to work with Dtck SuNdhaus of the Science Faction Corpora— don Oatturad in LO in July/Auguo. 190i. setting up lasers in three different parts of Manhattan and playing the beams elf buildings and each other above the skyline. I *anted it to be an at performance. samedtirtg Ow would connect tita city geographic* in a w y that you couldn't otiwwin des. But because New York is so dense with buildings. too many sight lines was blocked and the Idea toil throtugh." instead. it evolved Into urban Ught While it sWl involved a laser performance. Vie grand scherne becum greater than PI tanned. At some P projec0ad data � she reaMted that the original frier show was new the 2M attniveraary of the binsckout, " I found that whenever I mentioned thb to unyonW they'd am tailing me where they vows and *hat dray were doing when the blackout hit.' she said. "That were when I thought of doing a festival to cernmemorats it" .Ga4te" a few elands for she "Urban Light rash etce.' she soured as forrrgrlae PGM for the event. 'There was now 4+ovgf+e at ilia beQ+rtntexq that test ahouidn't '7e+Vb 'Ice in rent that reedy had W*pc rata�ra - Impel eationer But I think most of the at M we commemorate hew elements of tragedy, Ike MormW Dsy. and eves the Fouth of Jury." In July she presented cite IMd which she is a board member. with her Iles. "1 had al11 my arguments for a Wpa+ad.' alto said. at Passed my proposal ar+arW ON table OW media didn't even discussw presentation, and � surebody nWd. VA Mays vote an it .: And they ail aolad yes! 1 was very surprWed. That same rA t.1 Presented it to the IAIA bound. and they d It " well." t t itnWG ftM the two Wgar+lardoM Pincknetears orb a �te�rp advert events. fie AM on November 4 use "Nannhattan Lights," a panel discussion at the Grand iiyelt Hotel that inreatip the impert of lighting on architecture and ttw Image of New York City. Panelists InckA d hit:. desoers Howard �Pr k1 of the Municipal Art society, arcltMaets Franca t•lalsband. Frtdatc Sc wAft and Der Scuft and writer mchael Sorkin of fir Village Vbke. Tree second and third eve began an November 7. and consisted of an Odd* don of decors" luminaires at tree new International Design Center, New York (CC". and "Urban Light at Urneight; Where a number of artists diaplayad Mnat lope Scala IgN Ytstdiatiorts. botlt h %== and outdoors. Fourth on the e9ende wasa glass-0oPpad bus tour of the ciVs We with Leigh. an architectural Mglttlng designer wAtoae 4tciude O1pI" of (La� PrduadEMOM � iJuylAupN= The And CAM were held an the be night of.utart uqK and revoked atrsWW a finer per .tiseve by Sari hom Mae blasted bear beast paehms OMe tits 4* skNa fiom 030 to nrnidniAbo hued inn Ito &W was a wWOW a pubfie taMbietlon in CgkwdoA Q* 00 an appeatem ray ft �LWG tthtl" 7 aria u9aitilt Perna watched tF+e fact eww *tti6 C.eVe w 10,00RAP a«ie+wu. M ­N7 bftWWW".dWLWdgd eff. *W.j "Curdy ligh" — -my kuxtional. burnt no pWr4*-4 And as far as I know Vt 11M,- ,M - SaandW by 200- rnornbm- of - ft - addbuLdesign commmgy, and nrvMd appealing. There am Places *+WQ " there SdH Is *no pi M*4 Ar"ne CM:Pmt, 2 Isn't true. such as Central PW* and Battery de4We, I want to light up nW Z6u_mTthe -wbj9d of how Wt (be -it Pak which we WurnkoW with grace and Them am pions to tight the World CenW, for ku afraid ihrvlm -rchitectural or anistic) affects the city dweller. Attendees saw an ectertsM 211de cham" She also noted a strong concem about going to do it In Color. Frarddy, I think that show displaying the wealth of urbw lighting design in New York CIty, which can whet the New York skyline is going to look can be too much of a good thing. We've Iflo a few yam down the toad. "I wony got a couple of hAdIngs that use COW be wetly seen by those who Maw whom about what's going to happen to the already. To me. the Wald Track CM#W and bow to look for it. skyNtre I them's no control. Them*s been gxpdd be a **w building." The discussion then armed to pwxx`e`S ConMued an Pap 71 of Ughting in New Yodr. and possiz solutions from both the afdsft and practical points of vim -One citing hasn't been addressed as moth as I emW be in New York City Is light at street WvW said Pinckney. 'We hove ad this charm an the of hAdng& but d" thataft%. What Is an du dreft W4 Is d6ne w0hoput ffAKh thought beM L A lot of k b J. JW AuMats's 'Figures On% Two. and Mae- st thie Urnalkht bwbAdW Ws *m made a(wV* softh wm OW neon ULM9. lie roes one of 10 &-dato al Mft dw* mift of UghL 2. Lasers hmn over the c4 Avft UM Man Light MULOWLnid POWMerwe "s a Crudw of 3, 5 - F 0 Aw9fon W Vkh .0andAMLL A Pdftw slum and bow aC=WqsnW ft a WWOV S"Lqov* were prq*W va the SdA AWKW two of the Wn&Vht fa Lwd Schwendlngei,s "Toov of Aiphs Sgbble.- Photo by Peter ClooLlonan of EdIson Atm hm 2 0 M IL LY., L % -W weer caved by L6isine Sonnenwrs. on - adrtjidectu ral designer who works for NYRcn Glaser. and rho Nu designed wools with neon and glass. "I thM the the utndght shown -came off pretty well, all things cortsidsred, Eon a couple of NWWW7 she sold. -Fire of air e was a different khid of audience then these artists norrrtdy get, a mods Raeder audE of Also, a lot of Iheso w0b we not famillw with esch c*w — them are a IM of artists working with W and lives a good - wsy for IMrn to get to Wow each odw." Sontveno" said she could have had throe dress the nu row of ardsts who finally displayed their woks at the dub. i thtMt then .wd be morel eve Me tMa In the future. EvwWne I %at ad wkh was very trAhusiastie." The artiste represented inducted .foe Auguste, Catarina Betwotto, Cathey &Ben. Beth Gaul&% Ron Rocco. O uillo Panarls&Wacuft Lod Schwo anger. David Winfletd 1AAltson, Atria Freeman, and Annaies Koehn, Most of the works were premieres and were 0rto 1hed Inside the L meAgfu's Bruin dance hall. which was packed throughout the four nights of 11te a htbalaL The or-@ that drew the most attention wad Schuvr conger s outdoor od*IL the "Tower of Alpha Babble," a peojedton piece using the Limelight's ben taws/ along with an abundance of smoke, as a surface. Basing the piece on the eontuslon of languages surrounding the Tower of S" boric d Genesis, she used four ?!kw Great &rwdcan Market Score Pachl to project a six•minute program of painted slides and moving loops onto the tower, the Images merging to create an emp char4ng, colorful compostian of sytnbois frown anderr languages climbing the Sb4h Avenue side oC the 70•foot high stone Aruct ure. "tine thing about art Is that then s usually one way to look at it, a perfect viewing place, and people tend to be sow wmhat passive when ioddM at it," said Schwerin roger. "Mat I loved about doing this ouodoor aistolledon wes that people took k upon themselves to welch From different vantage pours. I could sea people standing undernanth It and c w*V their necks upwards. go&g across the street des st and locking looking the it it cbliquodyg, & d then chamng to each other about what they saw.' She compared the reactions of rile ordooken to those at a Are. "People were sped;oun 1. and awn though the prgpern lasted only six mimes "dote repeating itself, some would stay for hews, "A lot of people thought we were mel" a movim which brings up anotlw ggoodod polnV she said. "People don't "clove in pve at any mono TWd comet Cw►dnued wi Pipe n r• �' s�easy w th=�fedia S p�cialtSes�.. �`' - • . nr .. /� `' Y •i � ifi r, *Comm" uwith wWrin ~ .San ADOX40•a Idsp 0. • — �. •` -'�'°�'r snd :vices. t 3 ¢ irl �Mika. theaurs a •"�. .;' ,.�-�. ��` arciwe�tua, call our ?� - :.. T !, • . � �� t systems Office aqM ��. �_,� ,►s if You new Mush �, ► a fbr f kn, televisim or • •� 1.� T 4 t�' j special even, 09 (br•— /. .� u a,"" Pascual rod* f � Yw'U fend Me& Specialties a lisMies What M takes to makt _ 1 . 'fix f''�`s`•+�i.: s '�. � s •Y; hat itka ekcaic. .._ _ - _ t - ...•MEDIA P�CIA. S A 61 T I S S e r Or f 11 e 4 F& GROW •• (herder &r.ke ON • �gr11[l/T Ie:MiKa il0lllLaa Ilene aiAlrcrtalf oleVe a alw u�rrroNto. TeiiAt ttisas • guy got ssw . . eves ow oncHme PC J1a a N=ft e.uhm low a 014 epdeea MTX 48 Channel Multiplex Decoder. Adapts your dimmer to multiplexed xvstemt .. Compatible with MantrixiC0806. e.Ner conic• eM• . 1199 4th Stratus less Own. CA 93402 (801111 f211•tg3 • tirwy artAPWM 01 s •ws- wow ctmwi b1rLamina &xw* ntt m an - aard Aectural designer who works for er/Au traeormom O neraand wfto hos designed %orkss with molt and glass. "1 think the the Umeli t show -came off pretty weik an Ieorddared, lot a couple d reasons." a* said. _"Elver d ak it woe a cildwo t Wnd of audience than these antra nomnaly, pet. a .-W wider audF of Also. a lot of Musa artiMs were not f raw with each other — there re a a d artists working with light, d two a good - an way for them so get In blow am* other." Bonewrift" said she could have had tvtw ttmcs the number of ardets who Or^ displayed tMlr w t.x at the dub. "1 think then wd be mom ovum re this In the k tars. Everyone 1 waled wO was vary ernhusiastle. " The artists represented hdWW Joe Augusta. Catarina Offt Otto. Cathey EMM& . Beth Gatston. Ron itocee. OuAo PamwielloCAceres, tad Schwa finger, David WlnfieW Wilson,* Chris Freeman, and Annaloe Kod n, Most of the -morks were prernicres and ware preserMa , inside the UrneWs mesh darn hd. which gas packed throughout the Dour nho" of the I Nbitim The ore that drew the most attention w" 3dr* ndinper s itAdoor lxlhibt, the "Tower of Babble." a pepoction piece using t}te Ume fthfs bell tower, Nona with an abundance of smoke, as a surface. Basing the piece on the confusion of languages surrounding the Tow of Babel. book of Genesis, she used four 2I;w Great Mxricsn Alarket Scene MediMra to prefect a slxrrilnute program of painted O&S and mcfvinp baps onto the tower. the lmagea merging to create an ever changing, colO&A composition of syrnbats from anciefht languages drnbing the Sixth Avenue side of the 74400t high stone stricture. "One thing about art Is that there's usually one way to look at it, a perfect viewing place. and people tend to be somewhat passive when lookIng at V said Sclwmndkhyer. " %bst I loved about doing this oUWOor inswilation was that people took It upon themselves to watch born dlRerem vantage points. I could sae people standing undemeath It and ci an k Mtdr nadirs upwards. going across the street dw side wW lolocking; at 000king a thing. dy. and than chatting to each other about % hat they saw." She compared the reactions of the onlookers to those at a Are. "Iseopla wen spekbound. and even though the program steed only sot mlrUss "does repeating Itself, some would stay for "A lot of people thought we were mtWM a movie, which brtnga up anadw goodpolne." she said. "PPeopia don t bell" in me at am more TWd Boma Cued an /Uye n �L MTX �asyxwitIfIvIedia Spec:ialtSes:::. - Now•we'm is Oesones • mparm eeadgio Warta+e San Aasoafa. WA a later mole sgaipmew. pcarauk and sWvires- Foe fighting equilps mt im studios. dwwrs or acchisemm, call OW - sysleas Office saw. If you aced Noah . . tar film television or -!-I special everts. tail fbr— quality OWN and e �rwoul loch). YOUT tired btadis spadaitlas a fishtleg company est Wderamels, - whttt It takes to M@M a _ bit kica electric. r. r,{ . }emu„ _ P *MEDIA SPF 1A. S i IVISIar at, twa era 410640 Ila�dr5r.tce048 tatsrrrer�f narrtKa iro a+i►aa na: a suuicrr<sr t�wre . eiw •rrto�aa te�w few a taw use wt . . sew Ord oneh+MO w *rs a oaom auwn aoaor a ahss w4m - 48 Channel Multiplex Decoder. Adapts your dimmer to multiplexed wstems .. Compatible with MantrixiCO804. aawewrse sae• - 11" 4th=trees Los Ones. CA 03402 U0A1 ti211.1g11 t�wr,r a,na�.s i1 `gyp taerdsa�'W1iitilsUMOW11tdy"ic 111".-or"While•d1r*V In tiew-Yak-Aty - 1i a M phalomhance d projactiorta and - restaurants, for which maitre d's are ALW and wehoka, and ifs for yolaa novae generaly dhanidhsi. "I attracts business to people would question a wnathhing the restaurant." he sold. "They all tell me so *Vow anytime I went a free mrel. just pear In The IOC`NY show ran from Nownber 7. Front and lea -.a the lights on." SWIer's car 25. and featured fighting firdums both wig soon be seen In a Steven Spiehberg practical and whimsical by i c s i a of f 7m. The hbn y PIL desigrhehs "f don't think there's ehNr been a VVhk the Ughtrnobite was wowing them show quite Ike it: said 8onawneure. who in Columbus orcla. Sandhws Awed up acquired an abundance of odd•ahoped his egtiprrhent on a 23rd flow terrace of Wures that draped, floated, htng. and Big• _ the Gown 8utldbV at the comer of West ragged a my which wain. Natp with I* ' STIh Streit and Fdth Avemm Uaing an one luegreen Included fixtures, period Ight, he sent cha VkV PORM aeationg, the display @W I OW argon lose, which emft of bearns places. aid ftxturms created by lyluing designee for sprojects. • lsigh's torn d d the e city ights, held on �• `�. Friday, Mowmber S. seew d several _, ���• Purposes. first. It gave Interested de, _ \'�. - •, '-: j signs and others the chance to $ee y '`'• ,,� Leigh's work white he described the �•a� ' \ techniques he use& k also promthtad N\ 4 Pindcuy and her staff to put bgsthw a ' �1 _ comprehensive guide book to ardhaact Ural fighting design In Manhattan, which she tropes will be used by tour conhpank& "We ` �' � , f�-F1 want to give this book lo companies dietthe�•�•`� �;, ''"'h"�,,., �'•y++�,ti ; tin city c tam. ,a �Willi 7 t be We conscious of and Borne of this information Into their de%rtptions of the sights d Mew York' The Anal nighhrs events revolved arashd ,s the laser performance, %fkh started at am p.m. and went an into the niglht. The '.�. through- "-corrWors farmed skyscrapers to Ihhe nobs, northeas4 area= • • northwest, occasionally beaming imi- by P RoclWaller Center for the benefit of Urb m. Light participants: watching hom the•RW Building. "Although there was no muffle.-1 prolpanuned the three short sagrnerlt io music In order to have a certain kind d rhythm," said Sandthaus, wWnbV go what new Yorkers saw was his _rb n4 inteMmadon of Thus SFake Zarattttastna- Beethoven's Firth.. and Spring from C&UMued an AprrN . r. evening began at Columbus Circle. whera severalsearchU�hfaattracted alarge crowd LEE COLOR GELS, the standard by which all d °d'solumbrs-by so wall others are measured, presents a world of color Ciro was about Columbus Circle was that all these fee a unsuspecting people who didn•t know formulated for every lighting challenge. what was gcing on wandered by and said. '*that's happening? and stuckaraund. We Preferred by the industry's most discriminating gm them things to wear, Ling' made" , . lighting directors and cinematographers, of chenUcal kht sticks and Urban Ught butt ui. and they'd i%A them on. Some LEE COLOR GELS are Immediately available rnen were Interviexed by a television ' in sheets and rolls In a full spectrum of colors. Ration wearing chemical light rabbit ears seed Pi,yc". "People realty got into the Esciusire Wert Guest Cfstriburur spirit of it Of all the things that happened that would encourage me to do a"cither LEE CAMERA FILTERS, designed and urban envimment event. It was that." The ammwance of &k st eers Ugjht. manufactured by our own exclusive mobile. a bulb -covered Vb&swagen bug, process for the cinematographer also attracted attention In Columbus whose needs surpass more than studio Circle. The unique autorr4bile has 1659 NON bulbs for its nntsh, arranged so that use, feature excellent color control. stoner can ctwis nobs" of lblw in 23 optical perfection and will not separate marquee•like patterns. He calls it his "urban UFO." "Soule people ask.'Whst is under all extreme cold 47 And I anawen 'ifs art•," said Stager, a or heat conditions. New York sculptor, photographer. and architectural lighting deslgnar. "They In a Wild for Britt? Celt CINE-MILLS for your newest Jrrakr. undenurd that Immediately. because it's pCALER INaU1RIEs t14ViTE0 a car and light bulbs, which tat common to eieeWir s Lnwrlenea. and at the swe +'� ` +• *. ` 1 1 r . 1 r tune it's al homy. It sdn%Am the imegiru. Ken R is a core pennon v+tho is not instlntiy trarnbrmed : Wa a child In the presence of '� 'ail r J• �• _ s, the Ughtrmubie." Stabler often Waves his , !.. f - f - -..,, If ► 1 I : 1 1 r - �1 t s •s:d� Vlholds . tcoZr- Satsort+GZlSisDca . Pan came a few weeks later. when I was cyrrting home From tire-eliport and the cabbie started telling me -about thls lncmdfbfc light show he'd seen over the � my ." .said Sandhwus. Or course, not everything worsted out as planned, according to ttte dkactor. -ftst I learned about public rvents is that there are good reasons to start a year in advance." said AntdQ"For instance, we warted to do a syrnbolt: bleekom of some d the lighted btdidings in the dty, for an hour and a half. The idea wais. to id the itphts of the city go on. turn some of those lights off, do the Meer dww. and then have tie Cesar show joined by the bladmi-out bul lugs, Wartunasely, we ntaeta A toe bra to get all tht appropriate clearances. At tie last mint" we began to " cooperation Ira" the kill&* merhepe ments — the there were pe Building k� #teat BulAV who said. 'Weil do it but only if a certain number of the others do 1: taut by then, vie had already told three others that we couldn't do the bledotit because we didn't have enough buildings. SW the Ittirg I find most unbelievable about this event is that wtrdd,fn fot�mon#u with-0 s:aft of voiuntem what most peoDit to to do In 10 nmitWts with pad help. It a no wonder we went a Uttle cram" R was woi#h IL she am "I think there art a number of ways that light has become UnpoAant to the urban envlronmertt in the last 20 years." continued PinclQhey. "Pot of It has to do with the energy crisis. and the feat that people are now aware that light can't be taken for granted. Also, for eoonorrhk reasons. they we #gat mart isn't necessarily better. The whole profession of lighting design springs from that atth ide --architects, for instanm malhe that If you have to use less fight. you need people who know how to use less offieetively. Rernernber, arcldtectu. lghting design Is a relatively two professlom beginning in the early '7W The reasons for holding the festival go deeper, however, Into an emotional vein. "Vlfiatnr is c*cidentsl or not, etc whole economic recovery of New Yak in the mid '70s and the lighting up of the skyline seemed syrnboit, like we were coming out of the energy crisis. Starting with the Empire State Build' ttp in 1976. we began to we a real gaiety in the skyline.' she seid. "MM 1 no to New York, I had a [.igirt Con.&Oilers 0 and amsers This custom -designed, unit Is an axwnple of con* different Controllers to SONil greater fkWbUity for control large areas. The too unit. M LOS402• is a 4-Channel ligh chaser ideal for strip lights i fights. N.sny automated feat for a constandy charging p+ The two bottom units, I i OM, each haw an autorr ianirn rotitine ncs nenL atsuch taeas chat It color, pattern or sound testy These are standard feeturet feature, to scdtiwa SubNmin effects with an unlimitad va directions) light flaw. makes Light Controllers. for more d d ELECTRON10 I lu hoofoo IN., "we Matrapoom area dh Fsrrslane inhwite Unlyaras titage Light wlrxlar Ove+tookirq #te tl i f0 ent>' ' R was We hawing Ch istenooaill." IM It's - beat a sowee of onde to MmMork and an attrsetion for tourists. I #writ Whas had e . lot to do with In" bhr(lding In t'icw Yak and 1 Mink It can do the sanw-fw ottetr - cities as welt." NMI MORE POWER PLAKT• - II People could ace their wererovd the room but kept it theatrical ear=* so drat nobody would notice the ininirnel finishes in that spa:. In a lot d odW pieces, w had to be very careful that hoe didn't qM away the ghost illusions found tpoughout the facility. 1 ant were m design the buMdkp (torn scratch, it wouidWt have been fhb catrhQli• cared," he sand. "1 don't 0" any one person at current rAus� ci the facM* At *4 0* wanwd to be disorgenbalion, but It, was really because of the mogttMtsde d ttha prom." Baltimore's response has been poddo so far. an a-mroger of 30A00 customers visk the Power Plant every wader ceriair* being in tee middle of a boomhq urban redeve;0P!nVM program tees - - F - -boost attendance, bu; Gary Goddard admits dtN the real west will be whether dne Power Plant can draw repeat businew We eorfdent that it can. "Residents went to show off to their vWting rektives." he acid. 'Also. Part of the repeat business well be due to rrArMting. Special events,end festh'Sk list wiu be going on. There will be a number d reasons for people to eoff* bade." MINI PRODUC710M MOTE>!s aanid AVUWV are be reef Isar Thooda Productions, 61i7! �SrAaef /oat)► wry, sups im. MWWU04 CA sOM AdV 2IV461.3237. 1,11 Nassdi 6rilsrlsttp meat is kwaw at SM rbsrlr tarp Los Angela. fit X1111 Boise ROW 4t' ICL = SOMWIl sap fe neWW tlaaugh fly( Prvducuo" is" IlIaasfl Amm an Mlafnas.14 SUM* 7".siJV 243.212& &nk tlswes 1a at In& 13334 &Los Auenim "244j relet 213/?104U ti sea Majol Pouru mam can be etas -, as 1/ 244.0". 88-1046 IttMa ltarfa •si U Uo " a GNUVAIma M tJ t s s dw ♦ C t£ W-A C T I O N SCIENCR FACTION CORPORATION DID WUX= ad-es=idi CITY Of NIANW. MCDUT -C- We include the immediately following dimensioned drawings oft �. SFC - 360 Projector • SFC LaserMaser t Projector • Spectra Physics 0030-20 . 1 M /D;5 1 l 1 M i--- io - f DL° science Faction corporation 333'i"52n d Sb1. Nw 1►bik NY IOU19 (M 506 MM TAIWMMY' ClbW NEVARM w►r�11I�wNarrawNar�..s.�w.�.-ML wtIN IN>�s w WAMOVo ow ossMSMe�ciNt w /NN#gM ii BCRIPTION WE . 'f1alEGi .yl LAI. SE_Gt'1 aa• .r P-LEV MAE 1; r rot By 0 i� AWOF OMIGNO m- Faction C"poration 333V"Sand S"K"vwylwK@fYWM (a2)5WISIS MMUM"' Cdft$OBWEFACNBVVCFK l�i.#13f1io� wae�ors ass mesas sun *jm sw r-LZ-V,6.-nC,l bvl - cescimpnom 2 '5/0 Nu-40-ew Of -20 4?1 --t 2L -T5 WITOF SPecMeatlons' — I.OD34 THnW �Tr- -ZR >oa=W lie t3�_00 , 463 31143— - 11742 �.---•+T UMMICAL ASSY 2.$OU►. X ,u OC LC. 003 e34 OU. x 37000 LM Ni3--�1 -Y I®o o.01 9 O • 1 1 1 t 1 O O •- s162 — Ebeft l Ind Waw Requkemord, ( v o% ground QATOrd A Power Consumption 38 kW wdw t% 13.51lmin (3.6 US gWmM) water 3.6 kg/cM2 (30 p$jg) . I Lfa 4064 1 27.1 OwwewAw in teft 00 - PhYWc;&J DI n.neion. Slid 200.244.141.7 cm (82.O AXI.1 In.) Wright 00 kg (200 b) Pow supply —1046 d0.7xd7A41.7 cm (18.36x1e7Sx .2t1.00 In.) 88 WWght 90 kq (217 b) f girl I I B SCHZDQI19 OF SOFTWARE PROLE M Ni i (93) Software Programs identified an "Noq=hi Tower of Light, Programs 1-93" . tp ei' Y �RK u z BffiIB ET C SC88DQLE OF VISUAL WOVMS Ninaty-Thie's (93) Visual Works corresponding to and produced by the use of the Software Program identified as "Noguchi Tower of Light, Program 1-930. 0 Z*,.: 0 4_4 w THE SCIENCE FACTION CORPORATION MIAMI mcnaYEES I CO AND NON-COIMETITION AGRSEMT This Agreeunt is made by and among SCIENCE FACTION CORPORATION, a Nov York corporation (hereinafter "SFC"), the City of Miami, Miami, Florida (hereinafter "City" and (hereinafter the "undersigned), rasiding at A. Pursuant to the Purchase and Sale and License Agreement for Bayfront Park Lazar Light Projection System dated as of October , 1988, the City has obtained a laser lighting display system, including equipment and the license of Software and visual works ("System") from SFC to enable the City to perform certain visual works created by SFC at the Tower of bight in Bayfront Park, in Miami, Florida. B. The System including the equipment and the licensed software programs and visual works' contains unique, valuable, confidential, technological information, data and know-how developed and created by SFC. C. The undarsignsd is or will be engaged in or exposed by the City of Miami to SFC's processes, designs, methods and unique, valuable, confidential know-how, information and technology relating to the System, the equipment and tAe licensed software and visual works. D. The City has agreed with SFC that the City's agents, servants and employees directly concerned with the Syntax shall sign this Confidentiality and Non - competition Agreement. Now therefore, in consideration of the employment, engagement or retention of the undersigned by the City, and the salary, fees or other cbarges paid to the undersigned by the City, the undersigned agrees with SFC and the City as follows: 1. The undersigned ac3mawledgas and agrees that the Syntax including the equipment and the licensed software and visual works contains valuable processes, designs, methods and other confidential technological and scientific know-how, trade secrets and other information developed or created by SFC. 2. The undersigned agrees that he will not directly or indirectly use or disclose to anyone other than an officer or employee of SFC, or an agent, servant, or employee of the City directly concerned with the use of'the- 2 50 System by the City, either during his employment, retention or engagement by the City or after his termination thereof, any methods, designs or processes, or other confidential_ technological, scientific know-how, trade secrets or - information relenting to the System and its equipment and. the licensed software and visual works, obtained by him - while in the employ of the City. Upon termination of his employment, ratention or angagsaent by the City, he will not take with his or retain any software, drawings, designs, plans, blueprints, reports,, modals► ph- 91 manuals, business information or other material of SFC or the City, or copies thereof relating to the System, its equipment, and the licensed software, and visual works, whether or not made or prepared by the undersigned and shall all of the same to the City promptly upon such termination. 3. The undersigned agrees that for a period of five (5) years after termination of his employment, engagement, or retention by the city, he will not directly or indirectly hire or employ or attempt to hire or employ for any purpose relating to laser egnipmant, software and/or laser shore/effects any person employed by SFC or any division, subsidiary or affiliate of SFC at the time of or subsequent to the termination of his employment, engagement or retention by the city. 4. This agreement shall be bindinq upon the undarsigned, and his heirs, executors and administrators and shall inure, to the benefit of the City and SFC, and : their respective and assigns. 5. This agre,ae,at shall be governed and interpreted by the laws of the State of Florida and may not be modified, amended, tersinatad or released except by a writinq duly executed by both parties. IN WITMS WBESoF, the parties have hereunto set their - hands and seals this day of 198 . City of Miami BY. SFC (Srployee) 4 This Agreaent is made by and .among SCIENCE FACTION CORPORATION, a New York corporation (hereinafter "SFC"), the City of Miami, Miami, Florida (hereinafter "City"), and (hereinafter the "undersigned") residing at • A. Pursuant to the Purchase and Sale and License Agreement for Bayfront Park Laser Light Projection System dated as of October , 199s, the City has obtained a laser lighting display system, including equipment, and the license of software and Software Program ("Software") and visual works (the equipment, Software and visual works and called collectively the "System") fro, SFC to enable the City to perform certain visual works created by SFC at the Tower of Light in Bayfront Park, in Mia,i, Florida. B. The System including the agniposant and the licensed software and visual works contains uniquua, valuable, confidential, technological information, data and know -hoar developed and created by SFC. i C" tl !K Mft s 4asr i t'^q _ C. The City has agreed that in the event a request is made by a third party pursuant to Florida Statute Chapter 119 for inspection and examination of the Software licensed to the City under the Agreement, and the City is requited or deems it advisable to permit such examination of the Software, the City shall require the person representing the examination or inspection to siqn this non-use agreement. D. The undersigned has requested examination and inspection of the Software under Florida Statute Chapter- 119 and pursuant to the Agreement, the City has required the undersigned to sign this non-use agreement and the undersigned agrees to comply with said request. Nov therefore in consideration of the premises, the undersigned hereby agrees as follows: 1. The Software leased and/or licensed to the City for use in conjunction with the System is the exclusive property of SFC except to the extent leased and/or licensed to the city under the Agreement. 2. The Software contains valuable processes, designs, methods and other confidential technological and scientific know-how,, trade secrets and other information developed or created by SFC. 3. The undersigned shall not, nor shall any person, firm. or corporation affiliated in any way with the undersigned or in which the undersigned has an interest, 2 directly or indirectly, use or disclose the Software to anyone other than an officer or employee of SFC, or an agent, servant or employee of the City directly concerned with the use of the Software. 4. The -undersigned shall not reverse assemble or reverse compile the Software or make any copies of the Software. S. This agreement shall be binding upon the undersigned, his, her or its heirs, executors, - administrators, successors in interest and assigns, and shall inure to the benefit of the City and SFC and their respective successors and assigns. IN WITNESS WEREOF, the parties have hereunto set their hands and seals this day of , 198 .. City of Miami By. SYC EXHIBIT F ACCEPTANCE OF DELIVERY Pursuant to Article XII, Paragraph A,of the Purchase and Sale and License Agreement for Bayfront Park Laser Llght Projection System between the Science Faction Corporation and the City of Miami, dated as of October , 1988, the City of Miami hereby accepts delivery of the following laser units: ( Check whichever is applicable) /7 two Spectra Physics laser units Model 2030-20 /7 two Coherent Innova laser units Model 100-20 , referred to therein and acknowledges that said two laser units are in working order on the date hereof. Dated: , 1988 City of Miami By: Authorize Representative 101Z 1 e :0 1 L.AW DEPT P 02 Z=rBZT 6 ACCEPTANCE of DEMONSTRATION Pj•xsuant to Article XIx, Paragraph 8 of the Purchase and Sale and License Agreement for Bayfront Park Laser Light Projection Syntex betvaen Science Faction Corporation and the City of Miami, dated an of October , 1988, the City of Miami hereby accepts the Demonstration of the Equipment and Software installed in the Tower of Light at Daytrort Park, Miami, Florida, by SFC and a0mowledgau - that Vfte Equipment and Software are capable of producing visible laver light displays. Datedt , 1988 City of Miami By; Authorized Representative F • L jam: �d �. •a+tYSt—. • } l Or_. T — 'S—A8 TUE: g = Q i L-AW DE PT VXHIDIT H RECEIYr rOR SOFTNARE FROGRAX-4 P . @ 's pursuant to Article XIi, paragraph CT or the Purchase and sale and License Agreement for Bayrront Park Laser Light Projection system between Science Faction corporation and the city or Miami, dated as of Ootober , 199s, the city or Miami hereby acknowledges receipt of the following numbered software Programs of the Software Programs identified as "Roguchi Tower of Light Programs 1, 99p, in Exhibit 8 or the Agreement: Software programs numbered: Dated: , 198 city of Miami s BY: lluthorized Representative 9 i t � x i 3'4 c PURCHASE AND SALE AND LICENSE AGREEMENT FOR YFRO ""� pAAx „LASE$_LI,GHI PROJECTION SYSTEM AGREEMENT made this day of November, 1988, in duplicate originals, by and between The science Faction Corporation, a corporation organized under the laws of the State of New York, having its principal place of business at 333 West 52nd Street, New York, New York 10019 (hereinafter referred to as "SFC") and the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as "Purchaser" or "City"), acting by and through the City Manager (hereinafter referred to as "the City Manager") and with the prior approval of the City Commission of Miami pursuant to Resolution No.87-1059 passed November 19, 1987 and Resolution No. 88- passed November, 1988. RECITALS A) SFC is engaged in the business of designing, manufacturing, programming, selling and renting laser projection and information display systems and licensing computer software programs therefore and visual works that are performed by means of such systems and programs. B) SFC agrees to deliver to Purchaser a certain laser lighting display system consisting of laser equipment, licensed software, licensed software programs to enable Purchaser to perform certain licensed visual works therewith, and copies thereof and to provide certain services to Purchaser in 8R-1046 connection with the system. C) Purchaser agrees to purchase the system, to accept a license of the software and SFC's visual works, and to engagr SFC's services in connection therewith on the terms and. conditions set forth herein. D) The system contains unique, valuable, confidential, technical information, data and know-how applicable to the design, manufacture and creation of the equipment, software, visual works and services, and Purchaser acknowledges that said equipment, software programs, visual works and services contain such unique, valuable, confidential technical information, data and know-how. NOW, THEREFORE, in consideration of the premises and the covenants and conditions set forth herein, the parties hereby agree as follows: Article I PURCHASE OF THE SYSTEM, TIME AND PLACE OF USE, AND PRICE SFC agrees to deliver the Laser Lighting System ("System") consisting of: (A) Purchased equipment ("Equipment") as set forth in SFC Bid Number 86-87-141 (the "Bid"), a copy of which without attachment "D" is annexed hereto with the City's Request for Proposals as Exhibit "A"; (B) A license of the software which is physically inside the Equipment and of certain software programs 2 Rs-1046 ("Software Programs") set forth on Exhibit "B", as hereafter set forth in Article III, so as to enable Purchaser to perform certain visible laser light visual display works ("Visual Works") created by SFC that are set forth on Exhibit "C"; (the software physizally inside the Equipment and the Software Programs are hereafter collectively called the "Software"); and (C) A license of the Visual Works as hereafter set forth in Article IV. SFC further agrees to provide those services ("Services") set forth in the Bid and hereafter set forth in Articles VII and VIII. The price ("Price") for the System and Services shall be the sum of $319,200. The purchase of the Equipment, the lease of the copy of the Software, and the license of the Software and Visual Works set forth on Exhibits "B" and "C" are subject to the terms and conditions herein. The Equipment and Software will be used solely by Purchaser and for no other purpose than to perform the Visual Works at the Tower of Light ("Tower") in Bayfront Park in Miami, Florida, except in the event of the sale, transfer or assignment of the System pursuant to Article X or as may be required by the legislative act of federal, state, county and city or local authorities (hereafter "Legislative Act"). Purchaser agrees to purchase the System, including all of the foregoing, and pay the Price for the System. Payment for the System shall be made in the manner hereinafter provided in Article XII. 3 88-1046 0 -;P!!! Article II Uj SFC'S WARRANTIES AND REPRESENTATIONS SFC warrants and represents to Purchaser that: (1) The Equipment will be free from defects in work- manship and materials for a period of one year after installa- tion by SFC at the Tower. In the event of any breach of the aforesaid warranty, SFC's sole liability will be to repair or replace within one year of sale to Purchaser, any defective component of the Equipment manufactured by SFC provided that such defects) is the result of SFC's defective workmanship or materials. In the event SFC cannot repair or replace such defective component within sixty (60) days after having been notified to do so, Purchaser shall, in addition to any other rights it may have under this Agreement, have the right to repair or replace the defective component and charge SFC for its costs and expenses in connection therewith. (As used in this Agreement, "clays" shall mean business days.) SFC agrees to repair or correct defects in installation of the System if caused by SFC. Purchaser understands that SFC's warranty does not cover the Spectra Physics or coherent Innova lasers. SFC agrees to assign to Purchaser any manufacturers' warranties covering the Equipment or any component thereof to the extent assignable. SFC agrees to make all such repairs and replacement covered by the warranty at SFC's facility in New York City, during the warranty period without charge. Purchaser hereby agrees to pay any and all shipping, n u 88--1046 transportation and related expense to and from SFC's repair facility for all such warranty repair. In the event Purchaser elects to have such warranty repair made at site of Systems's installation, Purchaser agrees to pay all reasonable transportation 'and lodging expenses for each and any of SFC•s employees sent to the installation site for the purpose of conducting such warranty repair. Purchaser understands that - frequent causes of product failure or less than optimal performance are simple misadjustments or dirty optical surface(s). The warranty does not cover the cleaning or - adjustment of products and their components if dirty optical surfaces and misadjustments are causes of failure. SFC will charge the City its standard rates in the event that a returned or f+eld-inspected unit requires cleaning and/or adjustment - only. Purchaser shall have the option to extend SFC's warranty with respect to the Equipment for four (4) successive one year periods as follows: Purchaser shall notify SFC that it desires to extend the warranty period for an additional year at least thirty (30) days prior to the expiration of the then current option period and shall pay SFC's annual charge of Twelve Thousand ($12,000) for the extension of the warranty for an additional year at the time it so notifies SFC that it desires the warranty extended for the additional year. (2) The Software licensed to Purchaser is compatible with the Equipment. (3) The System when operated in accordance with 5 SS--1046 ►1 Ak SFC's written instructions and manuals will: (a) produce the Visual works and (b) comply with all relevant regulations of federal, state and local agencies having reculator'y jurisdiction over the use of laser products at the Tower -in: force on the 'date hereof, including without limitation the Center for Devices and Radiological Health (hereinafter "CDRH") and the Federal Aviation Administration (hereinafter - "FAA"). SFC further warrants to Purchaser that SFC will comply with all relevant filing requirements of such agencies in force on the date hereof, including without limitation fil- ing CDRK Product Report, CDRH Variance Application, FAA notification and the Florida Radiological Health Unit notification and will obtain necessary authorizations, if any, from the federal, state and local agencies having regulatory jurisdiction over the use of laser products at the Tower on the date hereof authorizing operation of the System at the Tower for the maximum period of time permissible under the relevant regulations in effect as of the date hereof. (4) In accordance with CDRH regulations the Systsn will incorporate a means of preventing projection of laser emissions into windowed portions of building facades. (5) The Equipment, Software and Visual Works will be free and clear of all liens and encumbrances. (6) The license of the Software and Visual Works will not violate any copyright, patent, patent right, trademark or other rights of any third party and to the best of 6 88-i046 1 its knowledge, there is no litigation pending or threatened by any third party asserting any such rights in the Software or Visual Works. (7) The Visual Works will not contain any pornographic images or images that are offensive to any race, religion or ethnic group. SFC MANS NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE EQUIPMENT, LICENSED SOFTWARE OR LICENSED VISUAL WORKS INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS EXPRESSLY SET FORTH HEREIN. IN NO EVENT SHALL SFC BE LIABLE TO PURCHASER OR ANY THM PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES TO PURCHASER OR ANY HIRD PARTY THAT MAY RESULT FROM ANY DEFECT IN THE EQUIPMENT, OR LICENSED SOFTWARE OR LICENSED VISUAL WORKS OR SERVICES OR ANY BREACH OF SFC'S WARRANTIES SET FORTH IN THIS ARTICLE, THE WARRANTIES IN THIS ARTICLE SHALL NOT EXTEND TO ANY THIRD PARTY. Article III SOFTWARE LICENSE Purchaser acknowledges that the Software is the exclu- sive property of SFC. SFC licenses the Software to Purchaser only for the uses set forth in Article I and subject to the following conditions: (1) The license of the Software is perpetual and 7 88--104 non-exclusive. 'the one-time license fee for the Software and for the lease of a copy of the Software is one ($1) Dollar. The license shall commence upon payment by the City of the installment payment due SFC under Article XII Paracraph (B). (2) The license may be revoked by SFC only in the event of a breach of this Agreement by Purchaser which breach is not cured within thirty (30) days after notice thereof is given to Purchaser. ( 3 ) The Software will be used by Purchaser only in conjunction with the Equipment. (4) Except to the extent required by law or prohibited by existing civil service or collective bargaining agreements, Purchaser shall not make the Software available in any form to any person, firm or corporation except Purchaser or Purchaser's agents or employees concerned with Purchaser's licensed use of the Software. Purchaser agrees to require its agents or employees directly concerned with such licensed use to execute a copy of the confidentiality agreement which is attached hereto as Exhibit I'D". (5) Purchaser agrees to: (i) keep the Software in strict confidence to the extent permitted by law; (ii) reasonably secure the system from access by unauthorized persons; (iii) give SFC's authorized representative access to the Equipment and Software at reasonable times and on reasonable notice to Purchaser in order to comply with its obligations under the Agreement; and (iv) to keep the Software 8 �--1046 r intact and free of modifications or chances of any kind, except - as provided elsewhere in this Agreement. (6) Purchaser may not rent, lease, sublease or sell, assign or transfer the Software except in accordance with Arti - cle X of this'Agreement or as may be required by Legislative Act. (7) Purchaser may not reverse assemble or reverse compile the Software. (8) In the event that a request is made pursuant to Florida Statutes, Chapter 119, for inspection or examination of the Software leased and licensed by SFC to Purchaser under this Agreement, unless otherwise required by law, Purchaser shall not permit the examination or inspection of the Software on the ground that the Software is exempt from such examination or in- spection under the Statute and shall notify SFC within twenty- four (24) hours after receiving such request. If Purchaser is required or deems it advisable to permit examination or inspection of the Software, to the extent permitted by lav Purchaser shall require the person requesting the examination or inspection to sign the non-use agreement with SFC in tha form attached hereto as Exhibit "E". (9) Each Software Program for a visual work, when taken in its entirety, will not be identical to any other Software Program previously created by SFC, but such Software Program may contain elements, sequences or designs that have been previously created and used by SFC. �1 9 88--104Fy Article IV LICENSE OF VISUAL WORKS 1) Purchaser acknowledges that -the Visual Works set forth on Exhibit "C"- annexed hereto are the property of SFC. SM hereby grants Purchaser a perpetual and non-exclusive license for the Visual Works on Exhibit "C" annexed hereto for use only in conjunction with Purchaser's authorized use of the Software on the Equipment. The one-time license fee for the Visual Works licensed hereunder is One ($1) Dollar. SFC may revoke this license only in the event of a breach of this Agreement by Purchaser which breach is not cured within thirty (30) days after notice thereof is given to Purchaser. Z) The parties hereto acknowledge that Purchaser may create Additional Visual Works by using the Equipment and Soft- ware (without making any change therein) subject to Purchaser's compliance with all other provisions hereof. In the event that Purchaser creates anv Additional Visual Works with the Software, Purchasar waives any and all rights, claims and causes of action of any kind or nature whatsoever it may have for appropriation, violation or breach of any rights that Purchaser has with respect to the Additional Visual Works against any person, firm, corporation or entity including but not limited to SFC that may create, use, display, sell, assign, transfer, lease, sublease, rent or otherwise use, transfer or dispose of visual works that are the same or similar to the 10 88--1046 Additional Visual Works created by Purchaser. SFC shall not be entitled to any additional compensation in the event Purchaser creates Additional Visual Works. Article V PURCHASER'S REPRESENTATIONS AND WARRANTIES OF COMPLIANCE Purchaser hereby represents and warrants to SFC: (1) So long as SFC is available to provide Technical Support as provided in Article VIII, the System will be serviced, maintained and operated only by personnel who have satisfactorily completed the training course referred to in Article VII or have subsequently been trained by SFC in accordance with Article VIII. (2) Purchaser will in no way alter, modify, or otherwise tamper with design, installation, or operation of the System nor will Purchaser allow such alteration, modification or tampering with System by other persons. (3) Purchaser and its personnel will operate the System only in accordance with SFC's written instructions and manual. (4) Purchaser and its personnel will operate the System in compliance with all relevant federal, state and local governmental laws and regulations. Article VI LOSS OF WARRANTIES 11 IL 88-1046 --a Purchaser hereby agrees and understands that any material breach of the representations and warranties by Purchaser sat forth in Article V hereinabove shall, in addition to any other - rights or remedies that SFC may have arising from said branch, excuse SFC frOlr any liability for breach of its warranties and representation in Article II hereinabove to the extent SFC's breach is caused by Purchaser's breach of its warranties and representations. Article VII INITIAL TRAINING SFC shall provide such technical training and assistance conducted by an SFC employee as is reasonably required for the purpose of familiarizing Purchaser's employee(s) with the operation, maintenance and service of the System and with the safe use of laser products in general to reasonably qualify such employee(s) to operate the System safely. SFC shall sand one (1) employee to Purchaser's facility in Bayfront Park in Miami, Florida for a period of three (3) days followinq installation of the System at the Tower to provide such training and assistance. Article VIII TECHNICAL SUPPORT SFC agrees to make available to Purchaser for five (5) years after the date hereof, technical field personnel employed 12 88-1046 _ by SFC for the purpose of assisting the Purchaser with re- - spect to the operation, maintenance, programming and/or service of the System not covered by SFC's warranties in Article II or - training with respect to the system. Purchaser understands that SFC employees will be available on a regular basis, and that SFC will require reasonable advance notice to make on- ployees available for such purpose. Purchaser agrees to pay to SFC its then current Field Service rates (currently Fo=- Hundred ($400) Dollars per person per day for field service technicians or Two Thousand ($2,000) Dollars per day for Richard C. Sandhaus), plus all reasonable transportation and reasonable lodging expenses for each of SFC's employees when- ever SFC sands its employees to Purchaser's facility at Pur- chaser's request for all work done under this Article. Article Ix LIMITATION OF USE BY PURCHASER AND NON-DISCLOSI7RE OF TRADE SECRETS Purchaser agrees and acknowledges that the System contains confidential, technological and scientific know -hose, trade secrets and information. Purchaser agrees that Purchaser shall not, nor shall any person, firm or corporation affiliated in any way with Purchaser, nor any person, firm or corporation in which Purchaser has a controlling interest, directly or indirectly make, repair, sell or lease the system or any devices similar to the System, or any component parts of s the System, including the Equipment and Software systems, • 13 8N-1046 A t procrams and Visual Works specified in The Bid and on Exhibits and "C" or provide technological, scientific or - confidential know-how, trade secrets or information to any person, firm or corporation in possession of the System or any of its components except as provided in Article X or as may be required by law. Purchaser further agrees that to the extent permitted by law it shall not, nor shall any person or company affiliated with Purchaser, nor any firm or corporation in which Purchaser. - has a controlling interest, directly or indirectly disclose any confidential technological information or know-how relating to the System or any of its components to any person, firm or - corporation other than Purchaser's employees or SFC, its officers and employees. Article X OPTION TO PURCHASE Purchaser shall not sell, assign or transfer the System or - any of its components or any scientific or technological infor- mation or know-how relating to the System or any of its components either voluntarily or pursuant to Legislative Act to any party other than SFC except those entities to which consent -- has been given in this Article unless at least sixty (60) days prior to making such sale, assignment or transfer, Purchaser shall first have offered in writing to sell, assign or transfer the property that is the subject of said sale to SFC on the 14 NS--1046 same terms and conditions as the intended sale or transfer to such third party (hereinafter the "Notice of Transfer"). The Notice of Transfer shall set forth the name and address of prospective purchaser, transferee, or assicnee and the taros and conditiond-of such sale, transfer or assignment and a copy of the assumption by said prospective purchaser, transferee or assignee of all of the terms, conditions, obligations, liabilities, representations and warranties to be performed or observed by the City under this Agreement. No such sale, assignment or transfer shall be effective unless the assumption is in a form reasonably satisfactory to SFC. SFC shall have sixty (60) days, after receipt of the Notice of Transfer, to purchase such rights and properties intended to be sold, assigned or transferred on the same terms and conditions as are specified in the Notice of Transfer. In the event that SFC does not exercise its said option within the sixty (60) day period, Purchaser shall be free to make such sale, assignment, or transfer to the party named in the Notice of Transfer, provided however what such sale, transfer or assignment shall be made in strict accordance with the terms set forth in tho Notice of Sale and the third party shall agree to assume all of the terms, conditions, obligations, warranties and representa- tions contained in the Agreement on the part of Purchaser to be performed or observed. SFC hereby consents to an assignment by the City to the Sayfront Park Management Trust ("Trust") or to a Managing Agent appointed by the City to manage the entire is 88--1046 W 0 Bayfront Park provided that the Trust or Managing Agent assumes all of the terms, conditions, obligations, liabilities, representations and warranties in this Agreement made by the City or on the part of the City to be observed or performed under this Agreement and such assumption is in farm reasonably satisfactory to SFC. The assignment of this Agreement by the City to the Trust or to the Managing Agent or to another entity as may be required by Legislative Act, shall not relieve the City of any of its obligations, liabilities, terms, conditions, warranties or representations under this Agreement or on its part to be performed or observed. Article XI INSURANCE SFC shall obtain personal injury and property damage lia- bility insurance from an A+ -XI rated Company, in an amount not less than One Million ($1,000,000) Dollars per occurrence and One Million ($1,000,000) Dollars in the aggregate and shall maintain such insurance so long as SFC is providing the Technical Assistance hereinabove set forth in Article VIII and (i) the insurance premium(s) for such insurance have not increased fifty (50&) percent over the premium(s) for such insurance for the previous year, or (ii) the premium(s) for such insurance are in excess of five (5%) percent of SFC's gross receipts for its last complete fiscal year or (iii) SFC shall provide the City with the names of five (5) A+ -XI rated 16 88-1046 4 insurance companies that will not provide such insurance to SFC. The insurance shall provide for at least thirty (30) days written notice of a material reduction or cancellation as to Purchaser and shall name Purchaser, its officials, employees, and permitted "assignees, as Additional Insureds under the policy. SFC has provided the City with a certificate evidencing such insurance prior to the execution of this Agreement and will continue to provide the City with certificates evidencing such insurance so long as SFC is obligated to maintain such insurance under this Agreement. SFC further agrees to: (a) maintain automobile liability insurance in an amount of not less than one Million ($1,000,000) Dollars per occurrence and one Million ($1,000,000) Dollars in the aggregate during the installation and demonstration of the System at the Tower naming the City its officials, employees and permitted assignees as Additional Insured: and (b) provide Workers Compensation Insurance, as appropriate, and Employers Liability Insurance in an amount not less than One Hundred Thousand ($100,000) Dollars. SFC has provided the City with certificates evidencing such insurance prior to execution of this Agreement and will continue to provide the City with certificates evidencing such insurance so long as SFC is obligated to maintain such insurance under this Agreement. 17 88-1046 I* Article XII 10 PAYMENT AND DELIVERY The Price, Three Hundred Nineteen Thousand Two Hundred 0319,200) Dollars, shall be paid by Purchaser to SFC as follows: _ (A) Purchaser shall pay SFC One Hundred and Twelve Thousand ($112,000) Dollars not later than ten (10) days after Purchaser has accepted delivery of the two Spectra Physics laser units, Model 2030-20 or two Coherent Innova laser units, Model 100-20, at SFC's offices, 333 West 52nd Street, New York, New York. Purchaser shall accept delivery of the two laser units upon SFC's demonstration to Purchaser's authorized representative at SFC's offices that the two laser units are in working order. Upon such demonstration, Purchaser's authorized representative shall sign an Acceptance of Delivery in the form of Exhibit 'IF" annexed hereto. Purch.aser herebv designates Mr_ Shoji Sadao or Mr. Sadao's designee as its authorized representative for this purpose. Purchaser may change its authorized representative for this purpose by giving SFC 48 hours notice of such change by Express Mail, Federal Express or hand delivery. SFC shall give Purchaser's authorized representative for this purpose fifteen (15) business days notice by Express Mail, Federal Express or hand delivery to attend such demonstration at SFC'S offices. Prior to giving such notice and as soon as SFC can reasonably estimate the approximate date and time that the demonstration will be held, is 88-1046 6 6 _�- SFC shall advise Purchaser of the approximate date and time that the demonstration will be held. Purchaser shall. use ita bent efforts to cause its authorized representative for such purpose to attend the demonstration at SFC's offices within 48 hours after much notice. if Purchaser's authorized representative for this purpose does not attend the demonstration within fifteen (15) business days after notice of the demonstration has been given to Purchaser by SFC, delivery of the two Spectra Physics laser units, Model 2030-20, or the Coherent Innova laser units, Model 100-20, shall be deemed to have been made to Purchaser fifteen (15) business days after notice of the demonstration has been given by SFC to Purchaser and Purchaser shall pay SFC One Hundred and Twelve Thousand ($112,000) Dollars not later than ten (10) days after the lasers are deemed to have been delivered to Purchaser. I! Purchaser's authorized representative is unable to attend the demonstration within fifteen (15) business days after notice by SFC because of acts of civil authorities, weather conditions, fires, floods, strikes, accidents, labor problems, civil commotions, transportation difficulties, acts of God or other events of a force majeur nature, then the time for Purchaser's authorized representative to attend such demonstration shall be extended for a period of time equal to such delay. (H) Purchaser shall pay SFC One Hundred and Five Thousand Two Hundred ($105,200) Dollars not later than ten (10) days after SFC has (i) completed the installation of the 19 88---1046 4 Equipment and demonstrated that the Equipment and software produce visible laser light displays with a sample of the Visual Works and (ii) delivered to Furchaser copies of the filings referred to in Article II, Paragraph 3(B) together with copies of the FM/CDRH-issued Approved Variance and a letter of_ non -objection issued by the FAA. 'In the event that SFC is.. unable to obtain an FDA/CDRH Approved Variance for the Systes or a letter of non -objection from the FAA within a reasonable time, which shall not be less than one hundred and twenty (120) business days after application for the same, then this Agreement may be cancelled at the option of either party hereto, in which event Purchaser shall redeliver to SFC all Equipment and Software and any Software Programs provided to it by SFC and SFC shall refund to Purchaser all sums paid by Purchaser to SFC under this Agreement. SFC agrees to demonstrate to Purchaser that the Equipment and Software produce a sample of the Visual Works promptly after completion of the installation. The demonstration shall be conducted during the hours of darkness. Purchaser hereby designates the City Manager or his designee as its authorized representative to attend the demonstration. Purchaser may change its authorized representative for this purpose by giving SFC at least forty-eight (48) hours notice of such change by Express Mail, Federal Express or hand delivery. SFC shall give Purchaser's authorized representative for this purpose at least five (5) business days notice of the demonstration by Express 20 4 0 T- Mail, Federal Express or hand delivery and Purchaser agrees to use its best efforts to cause its authorized representativa to attend such demonstration within forty-eight (48) hours after such notice, but in any event not more than five (5) business days after nottcs from SFC. At least thirty (30) days prior to giving such notice, SFC shall advise Purchaser's authorized representative of the approximate date that the demonstration will be held. Upon demonstration that the Equipment and Software are capable of producing a sample of the visual Works, Purchaser's designated representative shall sign the Acceptance of Demonstration in the form annexed as Exhibit "G". If, after five (5) business days notice, Purchaser's designated representative for this purpose does not attend SFC's demonstration of the Equipment and Software installed at the Tower of. Light, the demonstration will be deemed to have occurred five (5) business days after notice of the demonstration has been given to Purchaser by SFC and Purchaser shall pay SFC one Hundred and Five Thousand Two Hundred ($105,200) Dollars not later than ten (10) days after the last to occur of (i) five (5) business days after SFC has notified Purchaser to attend the demonstration and (ii) SFC's delivery to Purchaser of (a) copies of the filings referred to in Article II, Paragraph 3(B) hereinabove; (b) copies of the FDA/CDRH-issued Approved Variance; and (c) the letter of non - objection issued by the FAA. If Purchaser's authorized representative is unable to attend the demonstration within 21 8--1046 40 0 five (5) business days after notice by SFC because of acts of civil authorities, weather conditions, fires, Moods, strikes, accidents, labor problems, civil commotions, transportation difficulties, acts of God or other events of a force majour- nature, then the -time for Purchaser's authorized representative to attend such demonstration shall be extended for a period of time equal to such delay. (C) Purchaser shall pay SFC Ninety Three Thousand ($93,000.00) Dollars as follows: (i) SFC shall deliver to Purchaser the 93 Software Programs set forth in Exhibit "B" as follows: (a) thirty-one (31) Software Programs by the date that SFC demonstrates that the Equipment and Software are capable of producing a sample of the Visual Works ("Visual Works Demonstration Date"); (b) thirty-one (31) Software Programs thirty (30) days after the Visual Works Demonstration Date; (c) thirty-one (31) Software Programs sixty (60) days after the Visual works Demonstration Date. Purchaser hereby designates the City Manager or his designee as his authorized representative ("Representative") to accept delivery of the Software Programs. SFC shall give the Representative forty-eight (48) hours notice — of its intended delivery of Software Programs to Purchaser. - Upon delivery of Software Programs to Purchaser, the Representative shall sign a receipt in the form of Exhibit "H" annexed hereto. Purchaser may change its Representative by • 22 pU giving SFC at least forty-eight (48) hours notice of such chance by Express Mail, Federal Express, or hand delivery. (iii) Purchaser's Representative shall have thirty (30) days after delivery of each group of thirty-one- (31) Software -Programs to review each software Program in the group for the purpose of determining that each Software Program, when properly used with the Equipment, produces a Visual Work in accordance with this Agreement. Thirty -sever (37) days after delivery by SFC to Purchaser's Representative of each group of thirty-one (31) Software Programs, Purchaser shall submit a written report to SFC specifying which of the reviewed Software Programs in the group of thirty-one (31) it - has objected to, if any. The only basis for an objection to.a Software Program shall be that such Software Program when properly used with the Equipment does not produce a Visual Work in accordance with this Agreement. Any reviewed Software Program which has not been objected to by Purchaser as hereinabove provided shall be deemed accepted. Within seven (7) days after the date at which each written report is due, Purchaser shall pay SFC One Thousand ($1,000) Dollars for each Software Program deemed accepted by such written report. (iv) If Purchaser objects to a Software Program and such Software Program when properly used with the Equipment - does not produce a Visual work in accordance with this Agreement, SFC agrees to revise the Software Program in order to cause such objected to Software Program to produce a Visual 23 S8--1046 Work in accordance with this Agreement. SFC shall notify Purchaser of the revisions to the objected to Software Program and the Representative shall include such revised Software Program in the next thirty (30) day review. �v) in the event that Purchaser fails to timaly submit a written report covering a group of thirty-one (31) Software Programs delivered by SFC to Purchaser, then all - thirty -one (31) delivered Software Programs in the group for - which no report is submitted shall be deemed accepted and. - Purchaser shall pay SFC for such delivered Software Programs within seven (7) days after the date the written report is due. Any Software Programs which have been delivered but remain unreviewed at the expiration of the thirty (30) day review period shall be deemed accepted and Purchaser shall have no right to defer payment for any such delivered but unreviewed Software Programs. (D) SFC agrees to complete installation of the System not later than one hundred and fifty (150) days after SFC has received two (2) signed copies of this Agreement. Notwithstanding the foregoing, SFC agrees to use its best efforts to complete installation of the Equipment at the Tower of Light within seventy-five (75) days after execution of this Agreement by Purchaser. (E) Purchaser agrees to provide SFC with unrestrict- ed access to the completed Tower (including lift device, elec- trical service and water service) upon execution of this 24 Rs-104h 4 0 Agreement by Purchaser, to enable SFC to install the Equipment in the Tower. (F) In the event that Purchaser fails to provide SFC with unrestricted access to the Tower upon execution of this Agreement as provided in Paragraph XII(E) above or fails or -is -- unable to perform any of its other obligations under this Agreement, or SFC is unable to complete the installation of the System within the period provided for in this Agreement- by reason of acts of civil authorities, weather conditions, inability to attain access to the site, fires, floods, strikes, accidents, labor problems, civil commotions, transportation difficulties, shortages of materials or supplies, changes in regulations or controls by federal, state or local authorities, acts of God or other events of a force majeur nature, then SFC's time to perform its obligations under this Agreement shall be extended for a period of time equal to such delay. (G) SFC and the City each agree to notify the other as soon as may be reasonably practicable of any circumstances that may cause a delay in the performance of their respective obligations regarding the installation and demonstration of the System. (H) SFC shall bear all risk of loss with respect to the. System until its installation at the Tower. 25 88 -1046 40 -�•= Article XIII ASSIGNMENT BY SFC In the event SFC assigns, transfers or sells this. Agreement or the licenses of the Software or visual works, SrCr shall obtain from such assignee, transferee or Purchaser an. assumption of all of the terms, conditions, obligations, warranties and representations on the part of SFC to be., - performed or observed under this Agreement or under the licenses. Within five (5) days after such assignment, transfer or sale, SFC shall provide the City with the name and address of the transferee and a copy of the assumption by said transferee of SFC's obligations, liabilities, warranties and representations under this Agreement or the licenses. Article XIV INDEMNIFICATION SFC agrees to indemnify and hold Purchaser harmless from any and all direct expense, loss, claim and damage, including reasonable attorneys' fees arising out of a breach by SFC of its obligations under this Agreement or a breach of any of its warranties and representations in this Agreement provided that in no event shall SFC be liable to Purchaser for any incidental or consequential damages and provided that such breach was not - caused by the act of the City or its agents, servants or - employees. The foregoing agreement of indemnity is in addition to and not by way of limitation of any other agreements herein. 26 one Dollar ($1.00) is given as distinct, separate ands independent consideration for the granting of this indemnity, along with other valuable consideration, receipt of which. - is_ acknowledged by SFC. Article XV , JURISDICTION SFC agrees that any suit, action or proceeding arisinq- out of or relating to this Agreement may be instituted against- it in a state or federal court in the City of Miami, Dade County and State of Florida in the United States of America and. waives any objection that SFC has or may have to the laying of - venue of such suit, action or proceeding. Purchase= acknowledges that this Agreement shall be deemed to have been executed and delivered in the City of Miami, Dade County, State of Florida. Article X7I CREDIT FOR WORK Purchaser hereby agrees to give credit to SFC and Richard. Sandhaus in any and all publicity bulletins, press releases, brochures, advertising or other promotional materials prepared or distributed by or at the direction of Purchaser that contain any reference to the System, Equipment, Software, Visual Works or that in any manner specifically refer in writing to the — laser display originating in the Tower. Specifically, WE 27 NS-10460 0 1 Purchaser agrees to credit SFC as the "designer and manufac- turer of the laser systems" and to credit Richard Sandhaus as the "laser artist responsible for the creation of the laser exhibition". Article XVII GOVERNING LAW This Agreement shall be construed and interpreted in accordance with the laws of the state of Florida. Article XVIII SEVERABILITY In the event that any provision of this Agreement should be held invalid or unenforceable for any reason unless narrowed by construction, this Agreement shall be construed as if such invalid or unenforceable provision had been so written as not to be invalid or unenforceable. If, notwithstanding the fore- going, any prevision of this Agreement shall be held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall attach only to such provision and shall not affect or render invalid or unenforceable any other provi- sion of this Agreement. Article XIX NOTICES Except as provided in Article XIII, a notice or communica- 28 88--1046 tion under this Agreement by either the City or the City Manacer, on the one hand, to SFC, or, on the other, by SFC to the City or the City Manager shall be sufficiently given or delivered if dispatched by registered or certified mail, postage prepaid;- return receipt requested, as follows: (a) M. In the case of a notice or communication to SFC, if addressed as follows: Science Faction corporation 333 West 52nd Street New York, NY 10019 Attn: Richard C. Sandhaus (b) City or City Manager. In the case of a notice or communication to the City or City Manager, if addressed as follows: City Manager 3500 Pan American Drive Miami, Florida 33133 With a copy to: City Attorney One Southeast Third Ave. 1100 AmeriFirst Building Miami, Florida 33131 or to such other address or designee as a party may, from time to time, so notify the other as provided in this Article. Article XX ENTIRE AGREEMENT This Agreement (including exhibits) contains the entire agreement and understanding between the parties as to the subject matter hereof and may not be amended or modified except by a writing signed by both parties hereto. 29 88-1046 �►J Article XXI ASSIGNMENT This Agreement shall be binding upon the parties hereto and their permitted successors and assigns. This Agreement may not be assigned'by Purchaser except as provided herein or as may be required by law. Article XXII WAIVER MUST BE IN WRITING No waiver of any of the provisions of this Agreement shall be valid or effective unless in writing signed by the party charged therewith Article XXIII CONDITIONAL EXECUTION BY SFC The execution and delivery of this Agreement by SFC is expressly subject to and conditional upon the approval of this Agreement by the City Comsi.ssion of Miami on December 15, 1988. 30 88--1046 IN NITRS88 WMRSOF, the parties have hereto asnouted that Agrsment as of the date and year first above vritten. Attest: SCIENCE FACTION CORPORATION byl Corporate Secretary President Attest: CITY OF MIAMI by: City Clark City Manager Approved as to Form and Correctness Jorge L. Fernandez; City Attorney 31 88-1046 -- -_ -` _ � -- � I� 9 LEGAL ADVERTISEMENT BID NO. 86-87-141 Sealed bids will be received by the City of Miami City Clerk at her office located at 3500 Pan American Drive, Miami, Florida, 33133 not later than 2:00 p.m. October 5, 1987 for furnishing equipment, materials, installation and programming of a Laser Light Show Projection System for the Department of Public Works. Bids submitted past such deadline and/or submitted to any other location or office shall be deemed not responsive and will be rejected. Ordinance No. 10062 established a goal of Awarding 511 of the City's total dollar volume of all expenditures for All Goods and Services to Black. Hispanic and Women 'Minority Business Enterprises on an equal basis. Minority and women vendors who are interested in submitting bids and who are not registered with the City as minority or women vendors are advised to contact the City Procurement Office, 1390 N.W. 20th Street, Second Floor, Telephone 579-6380. Detailed specifications for the bids are availabLe upon request at the City Procurement Office. The City Manager may reject all bids and readvertise. (Ad No. 4533) Cesar H. Odio City Manager CITE" cF MIA -MI, 1-LORIDA �PID 1101 6-P %-i 4I GENERAL INFOFUTATI ON TO S I DDrRS =11 Fee t-e l cw Do not include State or Federal Taxes not applicable tc mun)cipalities, The c'i ty reserves the right to award item t y i tem or Ly the total of all items bid, in accordance with that which hest serves the interest to the City. In the event of an error on the part of the bidder in extendina unit l)rices or in totaling the extended prices, the unit price shall prevail, except when the bidder clearly states that the tutaI ;,rice 13 based on consideration of being awarded the entire lot. The specifications and brands names are merely to establish type and quality and any equal thereto will be considered, subject to the approval of the City. It is the intention of the City of Miami to purchase the item(s) as specified herein from a source(s) of supply that will give prompt and convenient shipment and service. Any failure of the Supplier to comply with these conditions may be cause for terminating any resulting contract immediately upon notice by the City. For purposes of Bid Evaluation, Bidders must indicate any variance to the specifications, terms and conditions, no matter how slight. If variations are not stated in the proposal, it shall be construed that the bid fully complies with the Specifications, terms and conditions. The City of Miami reserves the right, before awarding the contract to require a bidder to submit such evidence of his qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and, abilities of a Bidder# including past performance (experience) with the City in making the award in the best interest of the City. Bids shall be sealed and marked "Bid No. 86-87-141 ; Laser Liaht Show Pro)ection Svstem at Baviront Park and shall be in the office of the City Clerk, City stall, binder hey, 3500 Pan American Drive, P.O. Box 330708, Miami, Florida, 33133, no later than the date and time first mentioned on the attached bid form, at which time all bids received will be opened publicly and read aloud. The City Commission reserves the right to waive irregularities of any kind. The City Manager reserves the right to reject any or all bids and to accept that bid which beat serves the interest of the City. The City reserves the right to require the successful bidder to furnish an acceptable performance bond for the total amount of the award. During the evaluation of bids and the subsequent award of contracts and Purchase Order for products and services, preference shall be given to those items manufactured and produced in the City of Miami, Metropolitan Dade County and the State of Florida, provided said products and services are comparable in price and quality as well as meet other necessary criteria such as delivery, services and availability of replacement parts. ® BIDDERS 14HO DESIRE TO REMAIN ON THE BID MAILING LIST FOR THIS REQUIRE14ENT MUST RESPOND TO THIS INVITATION TO BID. IF NOT BIDDING - INDICATE REASON. A8--1046 SUBMIT BIDS TO: Office of the CitV CJPrk 3500 Parts Artievrrrnr+ Drive P.O. Box 330709 Wesivli, Florida 33133 Pieties, I of TELEPHONE NUMBER OPP" 579 - 6380 Bids v"fl be ocenen October 5, 1987 at 2:00 P.M. and "%IV not be withdrew" vermin ntneh• dour after tucn date and tune. All Sweros rowoo; as a tetun of this bid dull Conform to Sectlbns of the charter and coot of the City of Miami. CITY OF MIAMI. FLORIOA INVITATION TO 910 Riddor Ack"oveoedllm►ent MAILING DATE ICityl BID NO, Seetember 2, 1987 86-F7-141 810 TITLE Laser Projection System for Eavfront Park Reason tot 'no bid" NAME OF VENDOR A CORPORATION OF THE AREA CODE TELEPHONE NUMBER VENDOR NO. STATE OF: N/A MAILING ADDRESS VENDOR MAILING DATE. ITYSTATE2W I trimly thor into ord is mane rw t/te", prier rnnrers/erwlnt�. orreerrio f or co•ereclrort with a.tv ceroogfien, hrm or Oe'rwer ttic-s Mq a wrl /or the sarrrr nrarlrwtt hreot.et or ethrtahrpit, Ares it It off rezurcm fair atwl wllhorlf colittt.ert or rraiwl I a"ree to ofwfM fIv NI corwhrrorts at this h.tl are Mnfv that I join wflfew "a 10 tiro M" ere slew fire hmorso CERTIFIED OR CASHIER'S CHECK OR 810 BOND IS ATTACHED. WHEN REOUIREO, IN THE AMOUNT OF s AUTHORIZED SIGNATURE IManusti AUTHORIZED SIGNATURE ITyptdt TITU GENERAL CONDITIONS RIDDERt To (noire ecesptence of the bid. follow ►hose Instructions. SEALED E1031 All pie Sheets and this form Mutt be executed and submitted re a sealed onvol s . The face of the o"vaioae shall contain. In addition to the above *.at . the don and "Me of ono bid o0#mnp, and the bid f urttber. Bids PW tu0mined an attached old form may at ►floc ad . All bids are Subject to me Conditions specified herein. Those which d0 riot comply wit" f"eso cbngf"om art sublect to ralactlon. I. EXECUTION OP Blot EN Mona► cdnlalnl a Manuel Signature a an summ m r"r"onfo"vo in fire soact of @if d Spew. The CemdaMv M Herat also Seater on each page of Mes bid as regmMad. t. NO S too 11 tS UPWWN11M a bid. reeww" 13V rehtrnmg ane copy of ths form. marking It "NO SID". ane OUPOin the ff~ in the $Data pralrlNd above. ReDMIdd talk" /0 pilau WlMduf tuNlcleM Justification Mee be came Nor railvan al W me stoom r•f name Mee" she ON thoomm itot. MOTE' TO auNNy es a resatlNtM, bNNsr must tmamlf • •'NO R I p". and N must N reteyel JIB Mow' then tole stated life OPOWM "to and hello. 3. EIDOIENiN01 Sheilbe" Ic. an the deft and of the time t0ecn1e0 an ten b/d form, it Is tl o 6~1t resOnllbllity M 0~0 Mot hit bid IS detyerta at the oreler M1no am Steel of me bid opening. Bids which for a e rees#n are rat to daflvored, will not be considered. Of (art by toftg/am or tNeaEoorIO we not acceptabli. 4. BID TASULATIONSt WIM not bit furnished. bid files may be ssathlned during nornMf working hours. S. PRICES. TERMS and PAYMENT/ Firm orices shall be Ovotedi typed or britem in Ink sod Mlchlde all pecking, handling, SmisOinig Charles and dallvef V to the *""notion show" her". Bidder is reaunne N arfer cma discount for Of~ htveet oavnwm. Discount tlrnewui be computed 00'0e" tMdate of satisfactory dellvery at Oita of aci1a10rao or trio" fete"" of cw . ott Mvwca st Ina off Ica fptcNMd. lr1lWMvaf M NM. al TAXR$t Oo not Include state or federal tastes. NM BMMBM% le nxmlcloaluies. bl MISTAKES:8looses are expected tolfaMine"to SOeettlgRelle. delivery schedule, bid prices. extensions ane all MMSft1e1MM pertaining to Supplies and services. Failure to M M MN M of bidder's risk. c) OISCOUNTSi Will be COfsWered In determining MIe iWMW fat cat. dl CONDITION AND PACKAOINOt if Is unifarsedad WO agree that env item offered or Impose as a reslnt of onto W WAN be Isom (current toroduCtlon model of the time of the Me$. AN cell. talltor$ shall be Suitable for store" or shldmenf, and all Rri M shell Include standard commercial aaCksging, el SAFETY fTANOAMOft Unless ethe►Wnse stIpwigeed #0 he sod. all manufactured Items end Interleaved eseslatilloe spiel cemPly with gyHesbls requirements of OccuPotkmd-Sefwy and Health Act end any stertdards thwwweer. f) UNDERWRITERS' LAEORATORIE$e Unis a aflNreest stfpulStad In the bid, all manufactured items ono NB/tM%O aS"fw Wlss Shall Carry U.L. aparlavel and rn"WMMNM MOM wime such hell beam esteWMhed. g) PAYPA*kTt Pays M 1 wool be made by th# city NM Saw Noma f Welded fee vanew have boen ?helves. lmou lw. mar ftmm M Cooney with award specifications. free of dannste er aaftt:t anst preperiy InvOlted. All Invoices sill bee me fourdslao MOM nufrlber. 4. ORLIVERYi lJnie$$ actual date of dellverY if SOKCNfed fed N spacnlod delivery cannot be mail, show number ef day$ lomm a ft make delivery after recal"t of purcnafi order to SOoca MaeNed. Otl Wary time May became a bass for making on #were (sea too" C011111H1Om I. Otliyory mall be within the normal werkonlg hoes M Ms user. Malay Trough Friday. 9. MANUPACTURERS' NAMES AND APPROVED BOUIVALEIIMs Any manitfactllferl• nafnes. itade Mines, brand -Meow nets6 w formation and or Catalog numbers listed in a fbeeMftagwl Sea air Information, not ft Ilr"It CoMDafMfat. The alader may 4~ ally brand tM wont" he to an &W"W me reeroedhfttiw, warm RIM% M ekcoo/a end s"ocititati n Ito WW Itstwft). It ten aides we bah! M -• 88-1 n4c ear "OVlvolanf ft'eet,09, Inetcaft M the e,e term thr m"flartur Pry ^#Ilia pate ntfineer 0me rndirefe any evvief ion fret" Mr 1brc firall" YOUR PID. LACKING ANY WRITTFN INDICATION OF fNTFNT TO OUOTE AN ALTERNATE PRANO. WILL BE RECEIVFD AND CONSIDERED At A OVOTATtON fN COMPLETE CDMPLIAaCF WITH THE SPECIFICATIONS ASLISTE0014 THE E10 FORM. INFORMATION AND DESCRIPTIVE LITERATURE: Blddoes must furnle" ell iMernifinan raeVeelsd In the 1Pet M PrdvW" on MN bee form Further. as t"M M oeMCNleu eteew"4w*. earn bldeN fntnt Submif for bee evehlsaeon Cuts. Sketched, and eMtrretfve tlnerahfre one real: hnfeel,peetf Ice flans "overate the twoduc" C"W" Reference Pei literature lubu"Iffed with IF Prevlstrs boo or on Ilia wrth the buyer Will IMt satisfy this Provo $001. _ f. INTER►RETATIONfiAnY avewtwns csncem,"If condlrio"s and tvocificwte"t should be dfreetee to 111e ourchos" Avant /n wftltlg me law shah fhrwe 13) pore ♦not to the bid event., Imptireo mew refsre.ae the date of bill pent., and bid nuw bet, Is. CONFLICT OF IMTEREsT: The aware twounew Is subleef to ail conflict of Interest provisions w tan city of Mlemt. oat" County, of "to state of Florida. it. AWARDSt As the bag/ in to t at the city may ►eoutre, the right Is rasar"a to ►11Kf Iny one aft bins aria to watW arty Irrrpulorlty In bids reesivee t to accept any Itwfl or group or Item unless eVoltfN/d by blades. 11. ADDITIONAL OUANTITIRSt Fer a ee►Nd not oseeedtng nlnwv MI day, Iteia the date ei eeesofatce of this offer by the buyer, 1ho fight Is teswved as acquire, additional ovonNNoo of the encee bed in this Invltatfe.. If eddttfonal eudrtftnea we not acceptable, the bid shows must be rioted "BIG IS FOR SPEC1. FLED OUANTITY ONLY." 13. IER VICE AND WARRANTY: Vnlesq elharwrea sosclflvd, Mob~ Shall define err warranty, service and reefecemM9 that will be provided. •lowers Tuft 1aoism an a" attached shed/ to what "to", werromy ash Service fec111tIN era pow to w. Ia. SAMPLISi Sompres a If0f11S. wneft called for, must be furnished free of twmmo. and if net dMfroyed will. upon rgeuost, be rerur"ee Of "W bete % immme. Rsawat for the return of samproo may be, mall wttnfn Mn(1a) days following Opel I W of bids. Each Ifldhisousl Sengfe muff bo sabered with bidder-s name, me"oeftwor7 brand ns#M ere hllmbw. bid slumber ere Item role lie . IS. NONCONFORMANCE TO CONTRACT CONDITION$, Item may be NIS?sO For compliance off specNlc$?Ions under the dlreclon of me Florida O"OftnNnt of Agriculture end Consumer Services or by Other adorocrlate falling Laboratories. The dale derived from env testa lee Compliance with soaCNlcellem era public records and am" ,o ekat"Inatlon thereto in accordance with Cheolw it,, Florida Slafufeq. I'll. Item detivered not cprforr"Ing to SOKNltsflom May br Jeers Errs ettro rrfurnee el ventf+ery ♦r rt"11e Tn.er 1h/rte •rte liens "set oel.veree as ear erli!,Pry eels In Dort one w morChele favor may •ryuff in h.eder being ftalrfe, M ea*aurt in whfro. •rant ofw Pne all rp"reetlre^'ottt Cos" may be ChlrgPe paef"ll the go O'Nd Cbn. 1reCner Anv yfeleflhn tan thitee 9/1Pu1a►Irrn+ mev else Jesse► In " wowofry none I!♦IM refnevoe ►rom Ma City of Mien" Mr1MM meHYtg tllf 16. INSPECTION, ACCEPTANCE AND TITLE: frypleeltph end at cabtanea ""Of he el eel►melee. unless Othorwllo n"w" M. Title so or role to Eels 1r QamoOe to ate Items shall be Me relowwollNfy of the Successful b10dw unfil feceofo.tf ev the City u"1ess lea w so""" r►sulre fret" n►glgerwo by the Lily it. DIS►UTESt in Case of any eloubf or elfforeryte of ePNMen M to she Ilams ►e be KW"ts"" ftwvunear. me erciston of ►he city mpriower shah to final and blndmg an been Parties. III. OOVERNMEf1TAL REITRICTIONSt in the event any OPeww• mantel ♦ryfrlrtim" may be Itripogoe Whlt" tvoutp nocgw*pto anwelton IN the t"aterfol, Quality, werarhortshlo or Parompari n!! of the Itanq altered On this prOOosal prior to their Oflfvgry. N shell lie the f"tm stbillty Of /hf successful bidder to nollfy the NH of aha. ,ndlcating rn n,s latter the spetNit regulstlon wn" fem ra'e M ollerafion The Cory reserves the right to accept any such M/Mvillem . Including any price odlust~m occostonee t woev, K Ipcancpf Rio contract of lie "Pe se 10 the city. If. LEGAL REOUIREMENTS! Federal, stale, county. and City law n- ordinances. ►uies. and reguietfer.a Ihaf In any monad/ effacf the iffmil cOverld floret" @ MY. Lock Of 11new4eeee by Cho bfdew WOI I" noway bs a cause for rauM fret" resoondtemev. 71. PATENTS AND ROYALTIES, The bidder. without emcee»Ian, Mall ineelmnlfy and save harmless the city one its errteleepae from Iiabillty of ens mature Or kind, Including coot and axoonm far or on account of ally cbpyro"tv", patented, Or unpatonNe wwoeww. process. or article martutaClurwt0 or used In Ile OMbrmMlQe W Me contact, Including Its US" by me CITY of Mlantl. 1f the eow tees any deston, device, or me so to covered by tells". OOMMW ar cOollrtghf. If Is mutally agreed SM understood without out@~ Wool the bid prices shell lhclude all royelnev or cost o/reltg erM1I WWMaOf Such design. device. or matertare In any gray involved Nt WAIWWU. 71. AOVERTIIINOi In submlt►ing a proposal, b►ddw as►eel no on use tan require thwNrom as a Part of any com►nwelal advw1le". violation of MN snowislion may be suOloc/ to action cOverpp sneer Paragraph is of Ills document. 11. ASSIGNMENT: Any Pvrcnoso Order Issued pursuant se, INS ale Invltolfan one the mentes wMcn may beeorhe due nero{NMar We IMf esSi impoio exceal wilt the Priorwrlfton aporeval of the efM. 71. LIAEILITYt The supplier Shall hold and Save the City Ile MIa1M. Florida, ere officer. &gem, ash emdl-ii I MJt"less Mom nawlNh M any kind M the mot Oat mance a this contract. 74.1n the event of at wrw on the part of the bidder at eMiahitng unit prices at f" totdlifng the oateffdo prices, the unit Price shill Prsved, except ohifft the bidder clearly %false that the total Prltq is beaed on an oil or none basis. NOTE: ANY AND ALL SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. 1 CITY OF 11I AM IV FLOR I DA PP,OCUREPIENT MANAGEMENT DIVISION P.O. DOX 3 30708 rliami, Florida +3233-0708 Telephone - 579 -6380 13ID NO.86-87-141 : nip SHEET IMPORTAUT: BID S110ET AND BIDDER ACKNOWLEDGEMENT MUST BE RETURNED IN DUPLICATE IN ATTACHED ENVELOPE IDGNTIPIED BY DID NUKDER, TIME AND DATE OF BID OPENING. Terms: (Include cash discount for prompt payment, if any) Additional discount of I if awarded all items. Warranty and/or guarantee: State any variances to specifications (use separate sheet if necessary)s Delivery: calendar days required upon receipt of Purchase order. Delivery Point(s): Miami's Bayfront Park Light Tower 201 N. Biscayne Boulevard Miami, F1 33132 In accordance with the Invitation to Did, the Specifications, General Conditions, Special Conditions, and General Information to Bidders, we agree to furnish the Item(3) at Prices indicated on the attached hid sheet(3). MINORITY PROCUREMENT COMPLIANCE The undersigned bidder acknowledges that it has received a copy of Ordinance No. 10062, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable suhstantive and Procedural provisions therein, including any amendments thereto. BIDDER: Signature: company name Print Name: Indicate if Minority Business: Dates [ ] Black [ ] Hispanic [ ] Women FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY THIS BID. HS-104f; ^� I CITY OF MIAMI, FLORIDA BID NO. 86-87-141: 91D SHEET 4 Y ITEM DESCRIPTION 1 Laser Light show Projection System for Bayfront Park, including equipment, materials, installation and programming (in accordance with specifications) Total price $ Warranty: years Additional cost for warranty after original year(s) expires Social Security or Number BIDDER: company name Federal Employer Identification Signature: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY THIS BID. 88-1046 T)FnARF3JarT i*J;D U5r[.N- City of Miami C'czde S(,c. 7 (a) :thority and rrynuircrent to c)r17;ar .-inr' ru^near!: 'after reasonable notice tc an actual or hroalacctivc, ccntractual party, )rd after reasonable opportunity to :UCh party to to head, tiic city :anaecr, after consultat;cn rrith the chief proeercracrat otificcr :ntl il:u _ity attorney, :,hall have the LuLhority to 6CJ3: a C0T1t:uCCUi11 i-.arty fcr the causer: listed belcw from conoicJeraticn for ward of city contracts. ;he uobarmcnt ;gall b3 fur o pericd of rat ic�rcr than three (3) years. Trio city manager ,hall alZc have the authority to suspend a contractor from consic?erotion_ icr aa,ard of city ,entracte if :hero is a Probable cause for debarment, pcnciinci the ,debarment determination, tho authority to debar and cu--pcncJ contractors ciaall ba exercised in-accordanco with regulc.tions which shall be ic--ueJ by tho chief procurement officer after approval by the city manager, the city attorney, and the city commission, . (b) Czuscu for debarment or ,uspenr,icn include the folloarinn: 1. Conviction for commiLcion of a criminal offcn.-c inciJcnt to obtaining or attempting to obtain a public 'or private contract or subcontract, or incident to the perforanance of such contract or oubcontract; 2. Conviction under state or federal ztatutcs of cm bczz1cncnt, theft. forgery, bribery, falsification or doctruction of rccorda, receiving stolen property, er any ether offence indicating a lack of business integrity or business honcs-ty; J. Conviction under ctate or federal intitru:;t :;tatutc:; ari:;ing out of the submission of bids or proposals; •1. Violation of contract provisions, which i:; regarded by the chief procurement officer to be indicative of a ronrecpo:r::ibility. Such violation ray include failure t/ithout goal cau:,e to perfor:r in accordance with rho terms and ccriditiona of a contact or to perform within the tine limits provided in a contract, orcviued that failure to perform caused by acts beyond the control of a party shall not he considered a baui-- for dcbarcrcnt or suspensions 5. Debarment or ous:pension of the contractual party Ly. and fc doll, state or other governmental entity; G. False certification pursuant to paragraph (c) below; or 7. Any other cause judged ty the city manager to be so-criouz iind compelling as to affect the resporrciUility of the contractual party conforming city contracts. (e) certification: All contracts for goods and cervices, and luasca by the city aha11 contain a certification that neither the contractual Party nor any of its principal owners or per-sonnel haves been convicted of any of the violations set forth above or debarred or suspended as met forth in paragraph (b)(5). The undersigned hereby certifies that neither the contractual party nor any of its principal owners or porconnel have boon convicted of any of tint violations set forth above, or debarred or rucpcndcd as scat forth in paragraph (b)5. Company none: Signature: Uat_: (RETURN WITH DID SIMET) F1AILURE TO COMPLETr, SIGN, AND RCTU.^.N THIS POM MAY DISOUALIFY THIS DID. 4 BID NO. 86-87-141: I17FORMATION S11EET } MINORITY CLASSIFICATION AND PARTICIPATION 1. Indicate MINORITY/WOMEN CLASSIFICATION of Business Enterprise (BIDDER): [ J BLACK [ ] IiISPANIC [ ] WOttE[J [ ] NON -MINORITY 2. If OTHER, detail MINORITY/WOMEN PARTICIPATION within your firm, or as as it may apply to this bid, if awarded: A. JOINT VENTURE: Provide Information regarding Minority/ Women firm participating as such, and the extend of participation a of Dollar Firm Name Business Address BID Amount B. SUBCONTRACTORS: Provide Information regarding '.Sinority/ Women firms participating as such, and the extend of the work % of Dollar Firm Name Business Address BID Amount C. SUPPLIERS: Provide detail regarding tinority/ Women firms that will supply you with goods or services, and the extend 2 of Dollar Firm Name Business Address BID Amount D. AFFIRMATIVE ACTION PROGRAM! If existing, Date Implemented: If planned, Date of Proposed Implementation: UIDDER: Signature: FAILURE TO COMPLETE, SIGN_ , AND RETURN 'PHIS FORM i-:AY DISQUALIFY THIS 81D. 88-1046 CITY OF MIAMI, FLORIDA z BID NO. 96-87-141: SPECIAL CONDITIONS I. SCOPE AND PURPOSE It is the intention of the City of Miami to purchase, at the earliest possible time and lowest possible price, equipment, materials, installation and proaramming for a Laser Light Show Projection System at Bayfront Park for the Department of Public Works. 2. BIDDER QUALIFICATIONS a An inspection of the Bidders' facilities and/or equipment shall be made prior to award. b) Bids will be considered only from firms that are regularly engaged in the business of providing the goods and/or services as described in this Bid; that have a record of performance for a reasonable period of time; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established industry as determined by the proper authorities of the City of. Miami, Florida. 3. PRODUCTS AND DESCRIPTIVE LITERATURE Bidders may offer any brand for which he is an authorized representative, which meets or exceeds the specifications. Bidders shall indicate on the Bid Sheet the Manufacturer or brand name and model or product number they intend to supply to the City. Warranty information shall also be indicated where required. Bidders shall submit complete product literature, including specifications, technical data and warranty for all items bid. The City shall be the sole judge in the determination of equals. FAILURE TO PROVIDE ALL INFORMATION REQUESTED MAY BE CAUSE FOR REJECTIOU OF BIDS. 4. DELIVERY TIME: — BB— iders shall indicate on the Bid Sheet, the number of calendar days required to complete delivery after receipt of order. Delivery time may be extended only if such delay is beyond the control of the successful bidder and provided that the City is notified immediately upon knowledge of impending delay. POINT: All items shall be priced and delivered F.O.B. Miami, to the following location: SN--100; page 1 of 4 31 D NO. 86-87-�4 1 : PFCIAL C CNDIT i ONS (Continued) I _ City of Miami, Bayfront Park Lioht Tower 1-01 N. Biscavne Boulevard Miami, Fl 33132 5. PERFORMANCE GUARANTEE Within ten (1.U) days after notification of award of Bid, the successful bidder shall furnish to the Chief Procurement Officer a Performance Bond in the amount of one hundred per cent (1001) of the contract -price. The Performance Bond or Guarantee shall be accompanied by an affidavit of a qualified officer or attorney -in -fact of the Surety Company or of the entity tendering such guarantee, setting forth the amount of capital and the amount of surplus held by such entity as of its last published report, and the bate of such report. The limit of surety acceptable from any other risk shall not exceed ten per cent (10%) of the combined capital and surplus shown by such affidavit. No Performance Bond or Guarantee will be accepted by the City of Miami unless it is signed by a licensed agent of the state as attorney -in -fact for the entity writing the same and unless the same is written by a properly licensed insurance agent located in Metropolitan Dade County. The cost of the above bond may be included in the Bid Price. A certified or cashier's check, cash, or an irrevocable (local) bank letter of credit, in the amount of one hundred per cent (100%) of the contract price, and made payable to the City of Miami, Florida, may be provided in lieu of the Performance Bond. The City reserves the right to reject any and all bonds or guarantees. 6. DEFAULT The City shall be the sole judge of non-performance, which shall include any failure on the part of the successful bidder to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated or within thirty (30) days, whichever is earlier. The City may be written notice to the Contractor, terminate the bid/contract if the contractor has been found to have failed to perform his services in a manner satisfactory to the City. In the event the contractor is found to be in default, any and all reprocurement costs may be charged against the Contractor, and may also result in the supplier being debarred or suspended from future City Bids. 88 -1046 page 2 of 4 Mw BID NO, 86-8. 141: SPECIAL CONDITIONS (Continued) r 7. 'MINORITY PROCUREMENT PROGRAM t Ordinance No. 10062 entitled the Minorityand Women Business ' Affairs and Procurement ?rdinance of the pity ()t Miami, clor_ida sets forth '...a goal of awaraing at least 51 percent of the City's total annual dollar volume of all expenditures for all goods and services, to Black, Hispanic and Women minority business enterprises on an equal basis." A minority business enterprise is defined as a business firm".•.in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women whose management and daily business operations are controlled by one or more Blacks, Hispanics or Women. To achieve the goal established by Ordinance 'lo. 10062, participation in providing goods and services to the City by minorities is being encouraged in a number of ways. N11 vendors doing business with the City are encouraged to include the participation of minority firms in their bids. In evaluating bids for determination of awards, minority participation may be a factor. Failure to adequately involve minority firms may be a basis for rejecting any and all bids. Possible ways to include minority participation would involves I. joint venture with a minority firm(s) 2. utilizing minority firm(s) as subcontractor(s). 3. utilizing minority firm(s) to supply goods and/or services. 4. successful implementation of well defined affirmative action program. S. Other forms of minority participation, if properly documented. Included in this package is a copy of Ordinance vo. 10062 Additionally, a special Information Sheet has been provided to assist Proposers in presenting information concerning minority participation. Minority business firms are encouraged, but not required, to register with the City prior to submitting bids. The Procurement Office will provide the necessary forms and instructions upon request. ALL VENDORS ARE URGED TO SUBMIT BIDS FOR ANY GOODS OR SERVICE'S THAT MY ARE ABLE TO SUPPLY, REGARDLESS OF MINORITY CLASSIFICATION. However, compliance with all requests for information regarding Minority Status or Participation is required. Bidders cooperation is greatly needed to aid the City in achieving its goal. 8. RESOLUTION OF PROTESTS Bidders attention is directed to the attached Section 18-56.1 of the City Code, In the event of protests, compliance to the procedures described therein is mandatory. 88-1Q 4 C page 3 of 4 BID NO. 86-8 ~_41s SPECIAL CONDITIONS (continued) 8. INQUIRIES Questions regarding this bid should be directed to Mr. Luther E. Long at 372-4590, or Ms. Sara Gonzalez at 579-6380. NO CHANGES IN THIS INVITATION TO BID SHALL BE VALID UNLESS IN AUTHORIZED WRITTEN ADDENDUM FORM AND SENT TO ALL POTENTIAL BIDDERS. Bids will be available for inspection at the Procurement Management Offtce, 1390 N.W. 20th Street - Second Floor, two (2) days after the Bid Opening. BID RESULTS WILL NOT BE FURNISHED BY TELEPHONE. ' 9. ANTITRUST PROVISION At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive and award additional bids for these herein items, and to make use of other competitively bid (governmental) contracts for the purchase of these items as may be available. 10. DEBARMENT AND SUSPENSION Bidders attention is directed to the attached Section 18-56.4 of the City Code and certification which must be executed and returned with the Bid Sheets. 88-1046 page 4 of 4 10 0 _ID 2:0. 86-87-141 SPLCIAL COUDITICUS (Continued) RESOLUTION OF P::UI'CSTS (City Code Section 18-5G.1. ) !a1 ?sight to Protest. Any actual cr ;)rospective ccntrac:.;.i;1 -)arty t,no Lcc!s aggrievcd in c.onnccticn i t h L;ie solicitaticn o;: award of a contract may pro,.­_st• tc the chief procurement officer. 'rho _Protest shall he submitted in writing «irhin yourteen (I,!) days after such ccgriazvcd party I;no:rs or should have known the iicts givi rg rises to th'o actica complained of. (�) Authori tv to resolve protest::. Thu chicf 7vocutenant �cricr=r mall litvc site auchot l_; , ctttt]_ct to t C 9-0Va'_ ,jt: the cizv manager and the city a,:to_ricy, Lo cc_l•'_c an _usel.►'� a protest of an aggrieved actual or -rozpactive contractual ,arty ccacerning thr. solicit .Lien o< Lward o= :,-he contracti.n cuestion. Provided thaL in c..ccz= two _1.'i:t'; ;.".ure than l:oUr LhOU: MILI ):? VC: ltU:lj_ Cd d0l lar (` 1: , 500. CO) , tit.', dCCIZICno of tItCT Ct11C.%; i:GCUrCIICaL" v[L' i CC_ ;:;L'.^rt be approv-:!d 1)y the city comnicsicn arLcr a rccor__t_n_-'C. ion b the City cictorney and city m iiay.,r. Tile chief -)rccur:. _,nt shall obtain the rcaui-itc ap:p=ova:lam Inc communicate to the protesting CUIIL•racLua.l cart o= alternatively U the amount involved is grcater�U an four thousand ive hundred dolla_c (1,34,:M.00), sui.:cit a decision Lo Lhe city commission t:'it,tiri thirt,,r (Z�C) c:a..�:, after lie rccei ves the protcut. (c) Compliance :ri'Ch time requirements. failure of an -Liggrievcd party to submit a protest within the time provided in subsection (a), above, sliall constitute a Lorf':_ture of such partv's right to complain and shall bar any legal action Llicrc!'or by zuch party. failure b'I LI t officials to comely with the time requirements provided in subsection (b) shall entitle the aggrieved party, z:L its option, to bypass the provisions oL. this section end to institute: 'legal action immediately. (Ord. iio. 9572, Is 1,2-20-03). 88--1048 J.aS•'9aA 1oi11ie5 ORDINANCE No. 1006 2 - AN ORDINANCE REPEALING ORDINANCE 40. 977S, THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF THE CITY OF MiAMi. FLORIDA ANO SUBSTITUTING THEREFOR A NEW MiNORiTT PROCUREMENT POOGRA14 OROTNANCE TO BE KNOWN AND CITED AS "NE MINORITY AND WOMEN BUSINESS AFFAIRS `t10 PROCUREMENT ORDINANCE OF THE CITY OF MiAMI. FLORIDA,' ESTABLISHING A MINORITY AND W014EN BUSINESS AFFAIRS PROCUREMENT PROGRAM ANO COMMITTEE: PROVIDING FOR THE CREATION ST THE CITY MANAGER OF AN OFFICE OF MINORITY ANO WOMEN BUSINESS AFFAIRS AND PROCUREMENT; FURTHER SETTING FORTH A GOAL OF AWARDING AT LEAST 51 PERCENT OF THE CITY'S TOTAL ANNUAL DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES TO BUSINESSES OWNED Of BLACKS (17:1, HiSPANiCS (1751, AND WOMEN (175); AUTHORIZING THE CITY MANAGER TO PROViIIE FOR MINORITY AND WOMEN•OWNED BUSYNESS ENTERPRISE PROCUREMENT SET -ASIDES AND CONTRACT PROVISIONS: PROVIDING FOR THE DEVELOPMENT OF PROrEDURES, MEASURES AND RESOURCES TO IMPLEMENT SAiD PROGRAM, GOALS AND OBJECTIVES; AND CONTAINING A SEVERABiLITY CLAUSE. WHEREAS. Ordinance No. 9775 dealing w1th minority procurement has been found to be in need of revision and modification to strengthen the effectiveness of the City of 141ami's MIMarl ty Procurement Po11cy and Program; and WHEREAS. the City Commission, in repealing Ordinance No. 9775 and in adopting and substituting therefor the herein Minority and Women Business Affairs and Procurement Ordinance Is authorized pursuant to the Charter of the City of Miami. Sections 52 and 51; and the Municipal Home Rule Powers Act of 1973. Chapter 166.001 at sea., Florida Statutes. as amended; and WHEREAS. the U.S. Supreme Court has upheld Oade County Ordinance No. 82-57. adopted July 20. 1984, restricting bidding on construction projects to Black -owned fires when prior unwarranted discrimination has been proven; and WHEREAS. findings of a City of Miami Minority Procurement Disparity Study indicated a substantial exclusion of minority and women -owned businesses from the City's procurement process for the fiscal years between 1971 and 1981: and WHEREAS, this Ordinance will prevent the perpetuation of the effects of prior unwarranted discrimination which has 1 88--1046 A. 9usiness (ntfrerist means any Corooratlon, partnership, 'n041vidua1, Solt Croe rip ter snio. !oint Stoe t Company. joint venture , p►efelsiOnal association or Any other itgal entity that is properly licensed to do business with the City Of Miami and/or Dade County end/or the State of Florida. 9. Minority and Women -Owned Ausiness Enterprise means a business enterprfit in which at least 51 percent of said tnterprito Is awned by al acts, Hispanics or Women whose mamaltment-and daily business operations are controlled by one or more Blacks, Hispanics or Women. C. Contract means agreements for the procurement of goods. services or construction of facilities for the City of 141 ant . 0. Faeiiitfes moons all total or partial publicly financed projects including. but without limitation. unified development projects. municipal public worts and municipal improvements to the extent they are financed with City money, utilize City property, or require City services. E. Goods and services include. without ltalitation, pebiie works, improvements. facilities. professional services, eomineditios. supplies, materials and equipment. ' F. Goal moans the percentages of the annual dollar ,slum* of procurement expenditures determined by this ordinance to be offered for Minority and Women business participation. G. Set aside is the term which wilt be used to designate a given purchase or contract or a portion of a given purchase or contract award for Black, Hispanic and/or Women- owmed businesses. Sat -asides may only be utilized where it is determined, prior to the invitation to bid or request for proposals, that there are a sufficient number of cortified Black. Hispanic and/or Women.owned businesses to afford effective Competition for the purchase. H. Joint Venture shall mean an association of persons or legal entities with the intent to engage In and carry out a single business enterprise for profit. 3 1 i •� o 0 6 88--1046 �ction a. The objective of the City IS to achieve a goal of awardinq a minimue of S19. of trip total annual dollar volume of all procurement expenditures to Blacks. HispaniC% and Women. owned business enterprises to be apportioned as foiIowl: seventeen percent (11t1 to Blacks, seventeen percent (111) to Hltpanics and seventeen percent (11t) to Women.l A. To further the goal of increasing the total annual volume of all procurement etotnditurts to minority and women - owned business enterprises, authority for a minority and women - owned business enterprise procurement set -aside Is hereby established for use by the City Manager as he or she may deem advisable or necessary to increase the participation of Black. Hispanic and Women -owned businesses in City procurement contracts. B. it $hat) be mandatory for all City of Miami contracts and/or procurement award documents to contain the following: (1.) A specific reference to the applicability of the Minority and Women Business Affairs and procurement Program established by this Ordinance; (2.1 A provision Stating the right of the City to terminate and cancel any contract or contractual agreement entered into, Including elimination of the individual(s) and/or business enterprises) from consideration and participation in future City contracts, on the basis of having submitted del iberste•and willful, false or misleading information as to hit, her or its status as a Black, Hispanic and/or Women -owned business enterprise and/or the Quantity and/or type of minority and women -owned business participation; (I.) A requirement that each succtssful bidder or offeror egret to provide a sworn statement of compliance with the provisions of this Ordinance and its specific applicability to the purchase or contract award under consideration; such statement shall certify that the bidder or offeror, during the 1 Women, deoending upon their own annual self-selection, shall be lifted in only one 11) of the categories: race, ethnicity, tender. s 1G4R 2 - 88-1046 ATTEST: City Clerk Section 9. Should any part or provision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, same shell not affect the validity of the Ordinance as a •hole. PASSED ON FIRST READING BY TITLE ONLY this :sta day Of Neweeber , 1989. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONI.T this 1_9th day of Deeember , 1985. 444. /�� XAMILK . 4UAIKL, Mayor PREPARED AND APPROVED BY: 0 o ty C1ty ttorney APPROVED AS TO FORM AND CORRECTNESS: 441-ly �GL ' City Attorney . AQJ/roc/pb/ab/6156 7 100132s $8--1046 q~ 1 PART 1 GENERAL CITY OF MIAMI, FLORIDA BID NO. 36-87-141: SPECIFICATIONS 1.01 GENERAL DESCRIPTION All bids shall include all cost for the furnishing, installation, and testing of all equipment and materials; and all cost for the computer automation, for a laser light show as described elsewhere in these specifications. Bids not including all of the above will be considered nonresponsive and not considered. 1.02 EQUIPMENT AND MATERIALS Bids shall include all work for furnishing and delivery of all equipment and material required by the following Technical specifications and not listed in Section EQUIPMENT AND MATERIAL, FURNISHED BY THE CITY. Delivery of all equipment and material shall be to the City of Miami's Bayfront Park Light Tower at approximately 201 North Biscayne Boulevard, Miami, Florida. 1.03 INSTALLATION AND TESTING Bids shall include the installation of all equipment and materials furnished by the bidder and any installation, reinstallation, relocation and/or modification of equipment and materials furnished by the City. Installation of the light show will be within the Bayfront Park Light Tower approximately as indicated on plan sheets; LT-3 as revised 7 August 1986 LT-5 as revised 12 May 1986 LT-6 as revised 12 May 1986 LT-16 as dated 15 Sept. 1986 LT-E2 as revised 8 October, 1986 LT-E3 as revised 8 October 1986 LT-E4 as revised 24 October 1986 LT-E6 as revised 8 October 1986 LT-E2 as revised 8 October, 1986 88-1046 page 1 of 6 BID NO. 86-81/--141: SPECIFICATIONS (Continued) LT-E7 as revised 8 October 1986 - LT-E9 as revised 24 October 1986 ti LT-Pl as revised 8 October 1986 LT-P6 as revised 8 October 1996 of the City of Miami's Bayfront Park Redevelopment Project -phase II plans (File No. Rec. 816). These plan sheets are included as part of the bid package. 1.04 TESTING �s Testing of the equipment shall be as required by the City's Consultants for the Bayfront Park Redevelopment Project, Fuller and Sadao P.C./Pancoast Albasia, Architects, and shall include a demonstration of the laser light unit in New York City for the artist Isamy Noguchi, and Fuller and Sadao P.C. as required by the following Technical Specifications. 1.05 COMPUTER AUTOMATION All bids shall include all costs for the computer program for fully automated control as required by the Technical Specifications. 1.06 EQUIPMENT AND MATERIALS PROVIDED BY CITY a) A Strand Lighting dimmer as described by the shop drawings for the dimmer which are attached will be furnished and delivered to the appropriate level of the light Tower by the City contractor for the Tower construction. b) The City will provide through the existing construction contract for the Light Tower, or by other means, the following: 1) Water supply and water supply lines 2) Drainage Pipes 3) Electrical power 4) Electrical conduits, conductors and appurtenances for receptacles all as shown or indicated by the abovementioned plan -sheets. 88-1046 page 2 of 6 BID NO. 86-87 kl! SPECIFICATIONS (Continued) 1.07 INQUIRIES All questions reciardina this purchase should be made to the City's Bayfront Park Redevelopment Coordinator, Luther E. Long 275 N.W. 2nd Street, Miami, Florida 33128, Ph. (305) 372-4590. All questions will be answered in written form. PART II - TECHNICAL The Technical specifications for the purchase consist of the followinv: OVERALL SYSTEM AUTOMATION Fully Automated Control a. Single switch "turn -on" for complete nightly show operation including auto -load and run program b. Synchronous operation between upper and lower laser system C. Twenty-four hour perpetual clock and cue output to trigger programmable controller for non - laser tower lighting system d. Additional cue output (or input) for program interaction with other external device (e.g., fountain, area lighting) e. Cue input for operation synchronous with music via standard synch format LASER PROJECTOR REQUIREMENTS Upper Laser System a. Dual -axis scanned output (G120D- or Gl00PD-type galvanometer scanners) b. 360-degree horizontal/180-degree vertical scan output via continuous and multiple horizontal revolution(s) of scanner and amplifier module (clockwise and counterclockwise) c. Pan speed range = 0-10 revolutions per second d. Pan/tilt positioning resolution: 250,000 parts per 360 degrees e. Real-time programmability of pan/tilt position and movement via joystick and keyboard input f. Pan/tilt acceleration and velocity programmable via keyboard input 88-1046 page 3•of 6 I A BID NO. 86-8� 141: SPECIFICATIONS (Continued) q. Architectural/spatial consideration: projection and control system to fit within upper laser room per Fuller and Sadao plan (attached). N.B.: scanner -nodule to extend through and above 18" - diameter roof hatch (and seal thereto) during hours of operation; to retract during non -operating hours. Optical alignment to be maintained during Oxtension. h. All-weather operation: scanner and amplifier module sealed to permit operation during precipitation i. Optics: steering and scanning elements with reflectivity greater than 99% for argon wavelengths; output window with transmissivity greater than 99%, substrates and coatings to accept 25W/cm 2 (argon) without thermal distortion j. Intensity modulation: 0-100% beam extinction between 0-10OHz for dimming and blanking functions k. Safety: scanning source point to be of fixed concentricity within 360-degree fixed mechanical aperture to absolutely prevent output of misdirected beam; scan -loss safeguard required Lower Laser Svstem a. Dual -axis scanned output (G120D- or G100PD-type galvonometer scanners) b. 90-degree horizontal/90-degree vertical scan output c. All-weather operation: scanner and amplifier module sealed to permit operation during precipitation d. Unscanned beam output (minimum of 10 output positions) to remote reflectors, as follows: - Programmable sequence rate, up to 10 positions per second - Accuracy/repeatability = + or - 1" per 100' of projection distance - Safety: double -pinhole type aperature for all beam output positions as Architectural/spatial consideration: projection and control system to fit within lower laser room per Fuller and Sadao plan (attached). N.B.: all scanned and unscanned beam outputs through indicated porthole. f. Intensity modulation: 0-100% beam extinction between 0-1000Hz for dimming and blanking functions 88-1046 page 4 of 6 IS 16 BID NO. 86-8, 141: SPECIFICATIONS (Continued) PROGRAMMING FEATURES 1. Real-time rroarammability and editing of ail graphic animation parameters via keyboard and/or potentiometer devices, including: size, brightness, x/y/z offset, x/y/z spin and rotation, perspective, frame rate, image length, x/y/z center, x/y keystone correction 2. Data storage a. Floppy and/or hard disk configuration for non- volatile storage of 93 program sequences, each sequence to constitute an approximately 20- minute animated laser performance including aerial and/or graphic projections and each performance incorporating up to 50 images. b. RAM configuration for storage of a nightly program including up to four twenty -minute performances incorporating up to 50 images 3. Modem link through which laser system supplier may supply additional future programming. ADDITIONAL HARDWARE, SOFTWARE AND SERVICES 1. Lasers: 2 units of Spectra -Physics 2030-20 or Coherent Innova 100-20 2. Intearal baseplate/table structures to accommodate upper and lower laser/projector configurations; such structures to conform to dimensions indicated in attached Fuller and Sadao drawings 3. Two (2) water filtration/regulation/pumping units 4. Twelve (12) remote mirrors: coarse and fine x/y adjustment; full -surround housing with input and output apertures; provision for attachment to poles (poles to be provided by others) 5. Meetings with and demonstrations for artist in New York City at artist's convenience 6. Software: 93 show programs, each of approximately 20 minutes 7. Installation of Equipment a. Three-day (or longer) training course for local operations/maintenance personnel to be conducted at installation site. 9. Complete and detailed operations and maintenance manual for all equipment 10. Design of upper laser's projector -- roof hatch mating details 11. Design and program of non -laser lighting cues for Tower or Light page 5 of 6 88-1046 BID NO. 86-8t� 41: SPECIFICATIONS (Continued) WARRANTY AND CERTIFICATION 1. All equipment to be warranted for a minimum of one year, with extended warranty coverage available for a minimum of four additional years. All control and projection equipment to be verifiably field-tested for a minimum of five years. 2. All equipment to have been used in unterminated outdoor displays with no objection from FAA 3. All equipment to be CDRH compliant 4. All equipment to be deliverable within 120 days of order 5. Additional software (performances) to be available at fixed quoted costs 6. Documentation shall be submitted with the Bid to show: a. A minimum of 5 years experience producing outdoor urban laser light shows b. Performed laser light shows lasting a minimum of 180 consecutive nights c. These shows should be fully automated and attended by not more than one operator 7. The laser light unit to be furnished for this bid shall be demonstrated in New York for Isamu Noquchi and Fuller and Sadao P.C. 88-1046 page 6 of 6 1 CIBIDONOMI86187F141IDA a Pabrlcut(n er.tMtlru. :aI► main `P1r:JuN: •aTne11tG11 ha..l::r3 t11r.1' 1: t 0,7t :1:'.i ittt• ntnca � A A$El tr an Ina .,Ali I's- Pi Nublatt Iran tM bmlttat Jon not car..(:t% t� OyA��jlln�itl. af.J ewnbwut.laH ion B Oki! i!-- Da e 'T� s rtivtpt► >! 0111Y for mM• t»d � 4t len litent Cantnrrar .s ,rlr' gltM (L 91RI.bf1011! tp mQtIr171Mr Or bt .n'.to0 it t11e O 1.14 for qOR• to mats fo wcil atw nat:o"'X440- Jd+rwr rwt Ya,�n.: Ilw: aR w J=w¢/yltmiitt� ti tW. .rcw ' Strand Lighting BAY FRONT TOWER MIAMI, FLORIDA i DATE: May seer SHOP DRAWING REVIEW P. N. K CORP. THIS rill\ CONFIRIt TINT {HIS SUOtt1SStON r•>,S RTr1EWICD /RIOR 10 TRA1t;rti::t0r4 TO fNt A(Q. APPOINAL OI TWS UowsS104 REt1AWS fHE fic S►ON24"ITy Of THE NE TINS SEAM► SK1NE r1DT K CONSTRUED AS oMKv G 111E %U@C fMTSt1CT0111 ttE1tDON tM fm QWONSt "ITT POt1 COMrItNq IIRLf wpm T11E COMTAACi ODCUMETIf1E� 9 a h _ _ OAT �L f.i�i't �•s e j✓f , ..fit.: - _! _..._�—______ CITY OF MIAMI, FLORIDA BID NO. 86-87-141 Iwlw /�-_------ - _--- - - - - -- 1,1111 It I. AI1113 I C 1111 • 11 1 _,1 r•A 11.wI 1.11 •q .Ipl lral111i. Y'.I 1.• .. ._ 1.111E 11� _. 111.I In. s • M.! M111 •r11... IAll. •r•• . . II n. Y.1««• •••1 h•IIK -"__ 1 r'.r1. h.Y •, •'1 14 .'/M/.I.. I/ /1/: -- _ .r1 •••I � - _. ... 1r Y r1 N•NU h III. ••1. ... 11��111 � - aw.•Y .. t..aw• In-1r1Y rrw f�c•+a... .111I E.nsu11w11 • 1 � II I 1 / LJ /Slt t •nY - • - - 1 _-_ 1 1 1 nla _ t!I mcLrt_ 1 U_[1u. !Iw 11N ••g L - - •- -i /ww t•w{- _�1ww�I1.��ir Ir1Y\ wUl.lf r.11w ' •10t fM tires q.N larl. _Y rNIIA IIIINIOI N�-gpI•_ 1y�Lw� �i .OI ; w1111•-'I_ y- I-n/1�'iw __ � �_�lr!-� / -- /A L Ya1 • -�- I I ]. MY w 1 1 /)IJ 1 1 ..« _ .. ••.•1 t1..I.f, r._!_ IY w•u: rlMa •J � • In.• a c.. <-w. •. N.r •• 1 ....... ..r.••.. ... U Y I .n_. ••I .. II Y. Y.. 1., �Y�M.w / 4•IY•1 N4.'1.O1 IIYN.S {NIIIM 1•+ ar1 .w.n. 3 G' � •tff•w►••.w _ 6 /' � C /DIJ t• •I.V 11 -•- 17 1 1 � 1 -�- i IJ/1 1 1 •.I ... MIII•Gr / •1f./ 1I1a r1..a 11 • I. _ 1 .. •1 ilY�f 0.0 1 .� // /�JI J.•I.V I I I I I •• U Jilcl IS/1 I 1 9 / ?Saw Ir'16, I a 1 » c...1.q cwlla .nu � C o. U111 --- ,I 1�..GL li .i-aLia•► iIVS/1 .T 4. f� CO•.+A Ln.l .a. 11.. V Nni•E 11•N O/.Ncl.q IM "a \ / �� 7-1 A •c{ •i •3-^206 CM ( NY IwY Y1• (M.(IJI N•Y•1 IQ\ qw1 Attalla 411 +• � - 1 IrIC- I INIIE I/nJTC- rNI.E 110YYw.q n .rY.J/Y I I' -/ C • Ii 1 -11 O•ILs.uw L c .YWI. J sr • fal"ma im"S111G _ •:. W • `W s� {Kllwyl netts O WRNL!'1� --• -- wl\ MW/ a 1N1.bOW •w- r 1/IYr .YI..w.w111 �MO•l•LT \X _ \\ � 1S.w •Y GI•••1.1 +a••.M .1, . •A a�.0 ••.O YJf•'_ I• a i. •Ir.11(•.r(LI Iw., YII•. ON 110/ M 11 {IN1.O / 11.•1. 1 Iln ..11' .I-: wI 1I" as N11.a I.41 U 1 - .-al O lfl 1.1 . C. allies .1 LZL I.r. .. C11O.11t. MI•a. 11a•1+\ NI111 wl 13 NII Ir YILuI( - -- -- -- -- - ' Nlw1 f11•1111 J. 11•.1.• INrInA IOI W-la IY c- cml1 a .. 1•U.1.• Y•IN •1 •I rl•{.0 NI. .i I•.I.I.fOIIr IIl n•11UV1 111 C1111aN. UI(. •la\Iw W1\Derr: Sol. act,L11IW1[L WI. III I.",a 1.,X. A 1F U.•1 •l• 10C.. C r t. +. •Int P11S/n Y•N-O Oat�- I.- -- •11:{ a,1.1/•.la.Y • i•••Iall. .CI..1 • •-1. S. tU.O r�++ �_+�•r. +•�...� IOS .o Ills{ S•1t{•�11• \ /iIY.wvt11 • {•11 a.>Q.O -� �t T�•rbw. r.•�.� `..�J q w =+f • � � tot 1p1i.-1 1C1• A ro lil •►NII q IN�/I K1u+N t/N{IEq i-a- IIK •t C IN �'IM�fll 1i11�L L1�� •• .�wa�� • • 1 N Iy � x N1YII OIIN71/v1 K 11�� w 1/i{�w1w1/.I +a •IAIjw ICMI N S is and i. i gh l my � IIV IW IIQ q � III •1.,/, aal1.•1/w{ • =.sew Mw.e111. v 11 { L'41L/I 1{I Ihl lrl IN M'1{' .W[,.M Ii l�ial1�111 ttt��� N. INayLflOi ZIIi� M` "as 1[Il` Iq 14 111L_ j�'I,r�%���' _lbw �L i-�j �s �V 1r�.rj� J�I►1 s-10I CITY OF MIA,41, FLORIDA BIDD_NO. 86-87141 fr u O — 7tuw„„ we/ 1 ar MGo W �r 1 Ar-yam - rfl•. /f rl! 1 11044 / jff•r f1i: 1 Z.4. lM7, fl/l r 1 1 IIN Mir:.en•f RI lall. vl l •'f•'.•t.'„ / , AM.I iC.1:11b1I1» N►/• ,,/. •,I iS•I .I40d, la Slls:ltli. '11 i r V h'N CoLOQ qWt Ron 7,- 7Ir �t�arE; ..r..... v " rro 4t, �AQi E StfBINI J.hJJillfit_j ft �YIJ-.).t,;/�� ..rr .«,rrr Arr�� •�.. V • f,..N M.r L"i . �sion A ». ,0 10 Ls.r1 PfaMe CITY OF MIAMI, FLORIDA BID NO. 86-87-141 (_kil-11l ,00id H 10fill► 04 6rd b�l iil 4� 41t 7./• si f? li iE f? set ii �"(� I) 5�4444QQQQ94A � t7 - 5•i.ewlr Moilie Ca.N.r.l sbJ.le toe"- L- 1 prf.•,1 Mkn 2 6-4 e•.NM a tt Iwltr MtMew b/q. N l.. � r"e t.•.1•J 3 0/0 ca•fIN•. .Ith but« wd n. •.0 bllfwe e Ieift tt«1•..se .sift, 12 Itr•y...•c/1O f.11t1. Iv.,•w,.11l s. C.f se/•lee I1.1144 • /tar Nest t•..4W ! 11 . Mw OWN-1 Ito L_ V•fM I] Ow• bN fr.l..l 0 re Iwl.•e ..IM •l.p/•Irl 1-•11w. /. C.w..�.J 1t.�.../ 10 rs go" brll... 13 rw.ck- 0,•1..• Cams ale 344 tll.t..e.f, e.pmWULle in F60 1-0 w + e..00 s/ if11...1ifM11fi. op to Vs dreYleb G.aYlel IY1i Ni.INtlr bumpItYsleae wIY1 1 Vp IQ 40 s.etleppine erMnetlre e.1, sll, 0-6 W% at bfd t/W + 200 n.m.r..tab1 -• 11emalle tYWweelefs 01+ 1.1NY $eye + S►etlW Nlech package + G/wda.eftr + i..p 1g1111-Iltne.l clofel•J.re -1,Ja(IlLnurG td: 1.1.1te It...l.p •1.•..oif. I.e..yl U SOW — 41•V2• dye pw eels ept�? /' 21 2 f t2 2� 41-va-d.00 "a 041133 y l/2- w71. Ir• V2- tr.iN pr es+e eMa 24 40 33-L2• ievde to. • 24 so 43 VYtIwYe it. eer Nor 24 12 ea•vt- Ova% 111t Nis 2s es s!•V2.11.ar Ilr Nt:o x 2: es e]•VY swb 11w +set s! 41•s12'' eye Her sell I s! a Nita Ww No IN3 ► ae >M 331-W ft"*w ^ sets V q S! 33-W drAft No p! M q-wdrAfrtb we so 49-62,dembb son for seats !s ss ef-I+fCdslsae Ibf - •s ss s3-IVt•1Peib 11w QuihmW Qc"nouC1- (tll K II, •• /..leaf, N/ W.<I• ll Lt.+..N 4••.•� Lrnrp 1l S..•lt•�,-v-1w r..•..11•r•w1 b w�.�./r I.Nq 11•tIM•. Ulds: Ae 16 <a...»..t. •c; .seer <• ... .••...w..J A p.w•i • tl..r.N. ptw0w«Nw• ill h•.H • ctrr..N rMw.Np..•l..t ••►.e.•J ..fw J. •.. d.....<•, ./.«.6.wJ tM...N wM•«.tw...••. 651. !t. ufu .�Iw e0l1 v....l <-.. w ti.V2 t'�M 1... Ills ca.....f U060 tlOn seez v.11 c..w Iw rN v2 f.M. w. Iln f•...1.. ma. Nzt U9S v►..1 test. eft 31 .2'Jr•� If.r file m.•M•• MS. L104.0822 0021 W94 v1.hl is w. to A3.2 .r.+r h. ON# tees.*•, 00.5 04.e 00/,M2+, 0M.ttols 8093 v►..l <.,.. la. 3] vY.r,u.u. tn..v w.. nto.00t{eozu essl trj•1 ewe /a a v2'ct." Iw cw..Nt eN2 ree..t ctt.. Iw •1/•ttz-•t.etf p. fewer 040e3 ►e11.1 "ellM 33•V2•iwwf me ..,felt 0est1 1w.1 ... Ir 43•N2'66.1064 11e, fwfele ms He" ewe he s34p2•t1eJr w sf•eflr am Pans.. It11ss flew set this .Aewne. rr we low W w"b"A . as, ceflf.e sole Isar +Rso .46 3s' sow flue a/c.Nfn..,• W23 wwo.l 3-2304i•00 sft .if. boa Mai •etu4 1 1.0 1.•810 el Iwcl..p 4.011.6t• -• nuo 44•9 'oapYt 01410.ul 0w.Ole lucos ...Jpt1.1let e..mubl0 zwl w ..Vtd. N-w c«..•. Imo• lt.w •1 aJW. I1 st/911t1 I•UI11ilpj ..•...r..1. .....�.. ... sees. �. evvew .41109we ewNat 141 tM•wAme 1011NOut 114111ae lip L CITY OF MIAMI, FLORIDA RID NO. 86-87-141 f(. r� SLIwrL.r C-...1 /1n.4 [•A•r LAr.M.1 /... r.1 S-f.t�v fir..• . tr...« t.......• M.! CAr.Nf C*S l CA../ [•w..� S1Mu.Ir �rr.w«sI CArtd CM.wI CAr...f CA- of AS..! CAttw..1 CA-01 CA.-/ CA..-..f C*­1 I 1 J • •' [ t J • � 1 Lf1.K/ Sb�.a(1w C�•.wr�.I [.ww, Ce•.....•.f Cr. Sn..• $�, Dr1ys JF/Z C.f Na tIQI♦ C.f A:• 09.7 — _ -- - - --• 11«! �� 5..1.+.+f... L•A..r� C .nr.. CM....f • CA.... f / cAsmol CAwwrf J L CA.. -of I J Bbf.! L •A•.'y CA.n f CAa l CAww.f CAww.f St.Ow../w C.w.w.wJ CAww.1 CA...vf CA.—O CA-1 / l J t Ab tf s �.J 4 [.[r.•/ C44..w1 LM.tw.f Ct...wd CA...*$ L Lb�ur G.•«.r./ [Aral CA—# CAp...1 II, / j J CuxoQOf! L •M.V S.r.wUo 31.MYI/r Le•rtw0 jv.( [iA.wJ CA.w.N I CA.1 1 t p•lm..,rr A.Ma..fw CArww G.nw.1 / t / r [•rr/ Clwwwtf Aw.d J 11 t.lr.rl 74ww.fw 9.AA...(w Cawwtw/ CA.t.w/ / 1 1 . SCIENCE FACTION CORPORATION ITO NUMM 86-87.142 TABLE OF CONTEM 1. Bidder Acknowledgment 2. Bid Sheet 1 3. Bidder Certification 4. Bid Information Sheet b. Science Faction Corporation Bid Number 86-87-141 City of Maimi Laser Light Show Projection System at Bayfront Park 6. Attachment "A" Variances and Stipulations 7. Attachment "B" Performance Documentation 8. Attachment "C" Dimensioned Drawings of System Components N SRyrr . ti� wars:__ J 9. Attachment "D" ' Science Faction. Corporation — "Purchase and Sale and License Agreement" Including Payment Perms and terms of Warranty 5-104t; - 333WcA%r 3&rCCLKCvY.A 1M1O P C_'Oa -RU TM. 23U77 C18iL=5ot:JC.'tiV A211i'1I= Otfk* of -the City Oork CITY OF MIAMi: FLOR1ptW -+ = e _ Z tnsy ieXataOltlr►• i N VI T A T( ON-T" M seffil; Florida 33133- Bidder AcknovAsd Fpaa M TELEPHONE fMUMS111 MAILING DATE iCitvl 910 NO, _:....-- :..Par. P" SWI•6390 September 2 1987 Sofas w+u of o0enap BID TITLE October=5-i-19.07-at 21OOzPeM._ Laser --Pro ection-System for Ea Trout Park,- , ,...,=� POW" Mr"me bid" and may net be Wlthdrow" witllMt ninety days � alto► 1uCh data and time' All awards trwar b o r"Un of this bid shell tionWim to PpWicabls Wahonl of the snorter and a00lof Ww City of hlliamir• NAME OF VENDOR A CORPORATIMd OF THE AREA CODE TELEPHONEIVUMSER VENDOR NO. SCieme Faction. Corp. STATE OF: T.eW Rork 212 586 - A11 .. MAILING ADOREN h VENDOR MAILING DATE: 333 W: 52nd St:. October.lr 198M-- CITYdTAT!•21► CERTIrIED oe CAPO IW$ CHIM ON ale WNO U New York, New Yoxk • 10M9 ) T _ ATTACHED, rMIIN s1iO4nat{D, IN TMC AMOUNT OF S I rNfrrr Mr e: this fi.d mtov rw~ anion wwortaw". opmvnwrr. or Cornwrdvr win eny cwvmtr•ib firm. of Person WOMMOV a b.rl for t1w AUTHORIZED SIGNATURE (MaMraN i- WrM M OP011. 41AWNe. ar @UWARWAR. ri/ d W &W reL/eCff /br PW wrthWit Colluse" M ins" I sawn M acres♦ b all a»retrMerd 1/ ADrt OtA arhf/ rerhh Richard C • $ �idant the / air aulh #~ A era. ow 1I Per ofte "Wei. AUT'HORIZ[D SIGNATURE fTypes=- 7trU GENERAL. CONOITIONS SIDDlRi To Insure acceptance of the bid, follow mete Instructions. SEALED 110111t All bid •1194,1s and eilf fOrlU fnuff be exacwf d end Wbmiftap In a styled *ftvmm. The face Is the onvolo= shall contain, In •ddlfl•n to the •bNe Oddit& ih• N1• and Ume M PW big eb•n►ne. end the bid fwm•M. aids hat Mom"" an attached bid to may be rates. led. All bids are subloct as fie tendlfloria specified heroin. Those which do rofeen+olyw�n+tea•ea+dltlensaraevbledror•iaetien.; ,• . 1. axicuT10N OR BiD: old covet contain a manual slonsturs a an ovet►erited roor~slUve in me space Nrei►trad Own. The CofnDaM I & tl401 fit" appear on emm Does M the bid as rafaetr•d. S, is two , Mangling N "NO 11 0"'o am ex t Eby r• in woo �aw�ce above. Ron§W failure /b quNS WlMhblrt sufficient u 1111"flon shalt be a" ter removal of me tsar W-5 normal ubm bad fnatlifie INf. NOTE: ToOuslity n o rftooto nt. biddw mI1111 MAfntt a "NO SID". and „Itusi be rocttved no later then the statac bid Waning data end 1. SIOOPfktNOiShallbePWIc,enthedate and atVia WhOsoocilled ' on Ins bid form, it to tea vied•r'a resanaiblllly to a swis Mat his bid Is deliver" at the Wdae► Urns and plat• sea the bid ODwUM• Bids which for any reason ore not so delivered, wtli not to considered. often by telegram W islepmane ore fW acceptable. a. BID TiLIKATIONSI WIN " be turnishod. Sid Apes may be txamired elVaq normal workIne hlhmb. 1. PRICES, TERMS and FArAASNTt Firm prices Visit be tvOtdi tyW or •'MIN In Nhk and waluoo all Decfsin0, ht^Oline, &mooing oen.s ant flu"" to fed dastkwtim shown Wain. Sloafir to ►seiNsted to Wer cash discount for jwlw 0; Invows, foovmem. Olsaaunt time will be comeufed tent( tea date 011411O ctery delivery at place of occfotancs w from rectrMl of correct invoice at the office spesiffd, whichtvor Is later.. t . 0 TAXES: Do not Inchrdt state or federal taxes. NosOeelleabso IO "home Ica llfies. • bl MISTAKES: Biddersarat oecteeleexamineWASDOaM oMoro. dolhtery schedule, bid anctes. sxterslord and all irnlrYctlona ptrt•lninp to supplies and earvicel. Fsllura to as M WIN be of bldder'S risk. c) DISCOUNTS: Will be corglderw In dtleff"W" ow feadif fIN Cacti. dl CONDITION AMD ►ACKAOINOe It Is vnddrsft W MU 81~ ,Wwf leorrenl ny Iterit «Wed �tionn #nnor ovel at the result Oft MOL AU 4 latnars shall be SWItablo for Stara" M ahffWWW. rind act erka sAaN IftChMe Standard Comendretal paclueuq. 0) SAFETY STANDARDS& Unless etNerwlso sttipslatal Sn the Wd, all wanvfaetwed Items and (•flowed aasalablfee doll aNwly with epplieswo .errui.w•.n1• of 04011e411Mdl.IWO" end Haellis Act and any ohendfirde theremajol6• f) UNDERWRITERS' LASOR.ATORIESt unim �in SSW§ated In the Old, all manvfactvred tteme alit fed asNrlhOi K shall carry V.L. oplemai end r nabs 9M iKfpg wimp I such had Dean ex ablUMd. S) PAYMENT: Payment will to mace ow the city Naar few Nemis awarded toe vendor have been received, ImpeclM.alflt fahefl/ N Coot with award fpaCNlcations. trot of oadeN er 00*0 one PrOpproy InvIcOd. All iMalca shall bear the e1M NM Order Mumbler. A. ORLIVSRYi Unifies actual date at 01IN ry b *Me~ for V 10"ifl00 delivery cannot be mot), snow nvenoor of days MWAr le to tick* delivery after rocelat M purchsse wow in ere!► D$IIVO" timeam may betfi 0 Dabs for IMkIM Oh ewOryetaoes t�at�W t Caridltlons ). Delivery shall be witriln fee normal worRUp brAn ad IM u1er. AW"IV I%MvSh Friday, 1. MANUFACTURtRe, NAARES AND APPROVED EOUIVALENTS/ My Manufacturers, names. Nsdo names. branoAowo alemtea. YM formation and Or e41t610e numoM listed in a SOGWI="all ord tar Information, not 10 limit cornpatitl0n. The &~ dAee WW OMIe beend for welch M Is on ounrfirited roo►Mfintsffve, wrhia NW% Or excerds fee Specification for eny Itim(fil. If the bless ors bow A 104C w �y y.. •.�.}' ��;�y,.�q� r.,w ice`' V----.P. ....: R:_. elate �t tSI I►S+i1,,.aR I DA _ P . O . PRdCtfREtSCII''1"MANAGCrrNT"_" _._. _ �__. - FSi tell ,� rror:idax. 3 -' DS�►T52.OI�t� Telephone - 579=-f�3©0- AID_ 100.86-87-1 41 : BID SHEET -AM, IMPORTAIJTI_ BID S11EET-AND BIDDER ACKNOWLEDGBMEUT MUST BE:. R=I= -- IN DUPLICATE IN ATTACHED ENVELOPE IDENTIFIED' -NL14BER, TIME -AND DATV-OF BID OPEttING. - See.-Attaclu0M' 1 I t- 'D" , Pass 1 ,Article h'II .- Terms: (Inelude cash discount- for _ -�, paymenc, i any) _ Additional discount of NIA 8 if awarded all items. Warranty and/or. guarantee: See Attachment- IV, cle II, pg: 3"�-4 State any variances to- specifications (use separate shoe E` .. s,. necassary)n `Sep-�s.hmwt � ��r "flariG"iPC aT']ri Cf'{rwjintifficyl Delivery: calendar days required upon receipt= _qf Purchase r ere '" A~ Delivery Point(s): Miami's Bayfront Park Light Tower::'. 201 N. Biccavne Boulevard Miami, F1 33132 n accordance with the Invitation to Hid, the Specifications, General Conditions, Special Conditions, and General Information - to Bidders, we agree to furnish the Items) at Prices indicated on the attached hid sheet(s). _•_ MINORITY PROCUREMENT COMPLIANCE The undersigned bidder acknowledges that it has of Ordinance No. 10062, the Minority Procurement City of Miami, 'and agrees to comply with substantive and procedural provisions therein, amendments thereto. ' received a:Copy Ordinance of --the ; all applicable including.- any k BIDDER: Science Factioh Corpp'ration Signature: ' company name , Print Name: Ridu rd C. SarX a= Indicate if Minority Business: Dates October 1, 1987 , C ] Mack C 3 hispanic [ I Woman ' FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY , _THIS 815, SS-104f • y"�' "' w.�. .,air�ac CTTY�:OF_"MIAMI;. FLORIDA- ! �. BID�NO: 86-87 1411 BID SHEET' y ITEM DESCRIPTION- 1. Laseri-Light show_Projection.System for.Bayfront Park,_ --- �, including- equipment, materials, installation - and --- ..�..• programming (in accordance with specifications) 115 price is calculated on -an all7ornone basis. Total price $298,200.00- warranty: One a) years for all equiVMMt mnufactured by Science Fact Eighteen . CM mmtha for all eRuigaszt m%mdactured ,by Spect m—Physift-_ Additional cost for warranty after original year(s) expires S_ 12,000.00 per year for Science Faction Corporation equipamt $ 8,000.00 per year for Spectra-AMics equipment. - f Social Security or Federal Number 13-2255939 BIDDER: SdA=8 FactiM Corporations company name Signatures AILURE TO COMPLETE, SIGN, AND BID. RN THI Employer Identification DI Y 1 I �'.Rfl,►^ .e.ir, �' �wy.+•.a.�IPIINt •...l6.z ►"!'1•:ul: '.T'2.! -,MirCOF. MIAMI;M FLORIDA- M.: �. - BID=NO: 86-87--1411 BID SHEET" - - - ITEM DESCRIPTION_ _....-_ 1. Laserz-Light show -Projection System for. Bayfront Park, --- including-equipment; materials, installation-and�•�:� programming (in accordance with specifications) ' Zta1.: pri ce is calculated on - an . all--dr-rnne basin. Total price $298,200.007 warranty: One Cl) years for all equipment oan,, acted by Science Facts Eighteen .= =ntha for all t actured .by Spector-Physiea-z Additional cost for warranty after original year(s) expires S 12,000.00 per year for Science Faction Corporation equipment $ 8,000.00 per -pear for Spectra-FrWsics equipment. r f Social Security or Federal Number_ 13-295239 Employer Identification BIDDER: Science Facti= Corporation company name Signature: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY THIS BID. 88-104C. City of (a) Authority-and.rciuireranc to dchnr .end After-.ransonabla notica to on actual or rzc:pccciVc contractual party, _ and sitar- reatonobla opportunity to such party to to hccrd, Uic-city-4 nanaocr, after consuatot:on with the chiof procvrcrent cfficcr and tho city attorney, chfall hove tho outhority to debar a ccntractuvi party for the ceuscs listed Delon from connideration for ward of city contracts. • no dobarment shall ba for o period of not fcwor than- throo (3) yosrs. • 7bo city, nonager shall also havu tho authority to suspend a contractor from-considoration.for ovard of city contracts -if there ia_ a_. probable cause for- debarmont, ponding tho debarraant deterfaination, the authority to debar and suspend contractors shall -no~ axercisod In-accordanco with reguictions which shall bo issued byr the:. chiof procureasont officer after approval by the city canagor, tho city attorney, and the city commissions (b) Caucen for dobarmcnt or supponsion include the folloaino: 1. Conviction for co=icaion of: a criminal offcneo incident -.to - obtaining or nttcmpting to obtain a public 'or private contract or- subcontract, or -incident to the perforranco of buck contract- o C oubcontracti 2. Conviction under ctato or federal statutes of cmbeczlemcnt, theft, forgery, bribery, falsification or Jostruction of recordso rceeivinq ctolcn property, or any other offence indicating a last: of business integrity or business honostyl 3. Conviction under state or fedoral antitruut ntatutc:; arieing oot of the submission of bids or propocalai a0 violation of contract provioiono, which is regarded by Clio chiof procurement officer to be indicativo of nonresponoibility. such violation nay include failure without rovd cauLo to perfosra in accordance :iith the terms and conditiono of a contract or= to perform within the time limits provided in a contract, provided that falluro to perform caused by acts beyond tho control of-4 ' party shall not'bc concidored a bacia for dcUarncnt or aucronoiont S. Aet,armcnt or cucpenoion of the contractual Marty by::,ny federal, state or other governmental entity; G. Falco certification pursuant to paragraph (c) below; or 7. Any othor causo judged by the city wano9cr to be co soriouo End compelling as to affect the reaponcibility of tho contractual:. party conforming city contracts. (e) Certificaticns. All contracts for goods and cervices, and leases by tho city ty al►oll contain a certification that ncithur the contractual party nor `any of its principal owners or personnel havo boon convicted af'any of tho violations act forth above or debarred or, cunponded aa'oat forth in paragraph (b)(S)s The undersigned haroby cortifias that ncithor tho contractual party nor any. of its principal owners or personnel havo b0011 convicted of any of the violitiona cat forth. above, or debarred or rucpended as cut forth in paragraph (03. Ca np my nonce Science Fact:ic x Corporation si,nacuzc: (RETURN WITH DID SHEET) October 1, .1987i FAILURE TO COt•1pf.C'rE, SIGN, AND RETURN THIS F0rJ•1 MAY DISOUALIFY THIS 0 !. . 01D_Na:._86=67=I41 I1IFORMATION SJUXT ~ MINORITY CLASSIFICATION PXD PARTICIPATION L 1. Indicate MINORITY/WOMEN CLASSIFICATION of Business Enterprise (BIDDER) s C ] NL,ACK [ j HIS PANIC [ a WONE11 [X j NOj;-MINORITY Z. If- OTHER, detail MINORITY/WOMEN PARTICIPATION within- your - firm, or -as as it may apply to this bid, if awardedi A. JOINT VERTOREt Provide Information regarding Minority/ women firm participating as such, and. -the extend of 'participation. • - '•%�O* % of Dollar Firm Name Business Address BID Amount B. SUDCONTRACTORSs Provide Information regarding Minority/ Women firms participating as such, and -the extend of the work t of Dollar Firm Name Business Address BID Amount RA C. SUPPLIERS: Provide detail regarding 1linosity/ Women firms that will supply you with goods or services, and the extend t of DoUar Firm Name Business Address BID Amount D. AJFFIRJIATIVE ACTION PROGRAM If existing, Date Implemented: It planned, Date of Proposed Implementation: Signature: FAILURE TO compix,rE, SIGN, AND RETURN 'PHIS FORM NAY AISQUALIFY THIS BID. I SCI8RC8 FACTION CORPORATION BID RUM= 86-67-141 CITY OF 117AN11- _ 40 Science Faction Corporation offers to supply the below -specified equipment- f or the upper Laser- Projection System. --- -urs• One (1) unit of the-SVC - 360 Projector, with the following features: •-'Dual axis scanned output via two (2) 1200 galvanometer scanners and two (2) SFC Scanner Amplifiers •- Scanners and Amplifiers are enclosed within a sealed Scanner Module to permit operation during precipitation. (Note: SFC does not recommend use of the equipment in severe weather• conditions, e.g. Cale force winds and rain.) • Scanner Module may be translated vertically along three - rod slide extension to extend through the roof hatch in upper later room. Optical alignment is maintained during vertical extension ' Scanner Module is commutated to allow 380-degree horizontal scan/projection range via continuous revolution, clockwise and counterclockwise. Scanner Module also tilts back -and -forth to provide 240-degree vertical scan/projection range. Pan speed range is 0 - 10 revolutions per second. Pan/Tilt position resolution is 250,000 parts per 380 degrees. Pan/Tilt positions are real-time programmable via joystick and keyboard input. Pan/Tilt acceleration and velocity are programmable via keyboard input. • All reflective optics provide greater than 99% reflectivity without thermal distortion via fused quartz substrates and multi -layer dielectric coatings peaked to 488 - 314 na Arson wavelengths. Output window provides greater that 99% transmisaivity without thermal distortion via fused quartz substrate and anti -reflection V - coating for Argon wavelengths. * Scanning source point output is concentric within 360- degree fixed mechanical safety aperture. a Scan - Loss Safeguard circuit incorporated in Projector to provide priority closure for shutter to terminate projection. s Intensity Modulation is provided to achieve 0 - 100% beam extinction between 0 - 1000 Hz for dimming and blanking functions. • Integral Saseplate (honeycomb core)/table structure to support SFC - 360 Projector and Spectra Physics 2030. in conformity with dimensions indicated in Fuller and Sadao drawings. continued... 88-1046 Oft SCIEHCS FACTION CORPORATION PAGE TWO HID N = EX 86-87-241 CITY OF MIMII One (1) unit of the SFC Laseriter Computer Control System, with the following features: • S8C Laseriter CSQ Software, providing single switch turn - on for fully -automated nightly show operation, including auto -load and run program routines. • Cue output to provide synchronous operation between upper and lower laser systems. Additional cue output (or input) for program interaction with external device (e.g., fountain, area lighting). ' Twenty-four hour perpetual clock cue output to trigger programmable controller for non -laser tower lighting system. • Cue unput for operation synchronous with music via standard sych format. One (1) unit of Spectra physics 2030-20 Nigh Power Argon Ion Laser. Science Faction Corporation offers to supply the below specified equipment for the Lower Laser Projection System. One (1) unit of the SFC LaserChaser 2 Projector with Wide Anelse Scanner, with the following features • Dual -axis scanned output via 0100-PDM galvanometer scanners for 90-degree horizontal and vertical scan output. s Scanners and Amplifiers in scaled projector housing to permit operation during precipitation. e Intensity Modulation is provided to achieve 0 - 100% beam extinction between 0 - 100 Hz for dimming and blanking functions. • 10 - position unscanned beam output (for projection to remote reflectors), as follows: - Programmable sequence rate up to 10 positions per second. - Accuracy/Repeatability: +/- 1" per 100' of projection distance. - Safety: dual hemisperic aperature provides double - pinhole output aperture for all beam output positions. continued... A8-1046 004 SCIBNCR FACTIOX CORPORATION BID t11l ER SO-87-141 CITY OF MIAW—_ PAGE THREE *-Integral Baseplate (honeycomb core)/table structure to -- support M-LaserChaser 2 Projector and Spectra Physics 2030- 20. in conformity with dimensions indicated in Fuller and Sadao drawings. *' Equipments- will fit within lower laser room per plan, with all scanned and unseanned been outputs to exit through Indicated porthole. One (1) unit of the SFC Laseriter Computer Control System, with the following features: 4 SFC Laseriter CSQ Softare, providing single switch turn - on for Fully -automated nightly show operation, including auto -load and run program routines. * Cue input to provide synchronous operation between upper and lower laser systems. One (1) unit of Spectra Physics 2030•-20 High Puwer Argon Ion Laser. NOTE. The SFC Laseriter Computer Control System and the Integrated SFC Laseriter CSQ Software provide the following Programming Features: * Real-time programmability and editing of all graphic anlmatlon parameters via keyboard or potentiometer devices, including size, brightness, x/y/z spin and rotations. perspective, frame rate. image length, x/y/z center, x/y Keystone correction. *. Data storage: Floppy and/or hard disk configuration for non-volatile storage of 93 program sequences, each sequence to constitute an approximately 20-m1nute animated laser performance including aerial and/or graphic projections and each performance incorporating up to 50 images. * Modem link through which laser system supplier may supply additional future programming. continued... 88--1.046 71fir 04 - - _"•ter" ....- SCIRK "ACTION CORPORATI011' BID 1tIJ>KDSH 88-87=141 CITY OF NIANtg PAGE FOUR Science Faction Corporation offers to auppIy the following add ition&"__ equipment.- -Two (2) water filtration/regulation/pumping units, one (1) each for the upper and lower laser systems. •- Twelve (12) remote mirrors with the following features: .a . - coarse -and fine x/y adjustments --full--surround enclosure with input and output apertures by provision in for attachment to poles (poles to be provided SOFTWARE AND SERVICES : SPC offers to install all of tho above -specified equipment and to provide a complete and detailed operations and maintenance manual therefor. • SPC offers to conduct at the installation site a training course (minimum duration three days) for local operations/maintenance personell. •` SPC offers to design and specify the mating provision between the SFC - 380 Projector and the roof hatch in the upper laser room. • SPC offers to design and program the non -laser lighting cues for the Tower of Light, such lighting to be produced by Material provided by the City. • SPC offers to conduct meetings and demonstrations with the artist in New York at the artist's convenience. s SPC offers to supply 93 show programs, each approximately twenty minutes duration. ERTENS10hS OF WARRANTIES • SPC offers to extend the term of its equipment warranty for up to four (4) additonal, consecutive one-year periods for an additional annual fee of Twelve Thousand Dollare ($12.000.00). s Spectra Physics provides an extended warranty program for the 2030-20 lasers for up to four (4) additional. consecutive one-year periods for an additional annual fee of Four Thousand Dollars ($4,000.00) per each of the two (2) lasers. k SFC offers to provide additonnl software program performances for the additional fee of Two Thousand Five Hundred Dollars ($2.500.00) per programmed performance based on a minimum order of six (6) such programs per year. 88-1046 SCI F.NC6- FACTIONTCORPDRATI ON- BID NUKDEX 80 8 Z -1 e 1 CITY Oi ' K I'AI[M ATTAgEBT -A- VARIANCES AND STIPULATIONS Variance from the Specifications, Terms and Conditions. We indicate no variance from the Technical Specifications for the Laser-- Pro"ectlon System for Bayfront Park. we are able and offer to supply all - of the specified equipment. programming, services, warranty -and cartification. We indicate the following variances from the General and Special Conditions of the Invitation to Bid: We stipulate that the equipment does not carry U.L. approval or -- reexamination listing. With regard to Part 1.03 of `Specifications" and the September 23, 1961 "Addendum No. 1" thereto. we stipulate that the materials which we hereby offer to supply are compatible with the materials to be furnished by the - City. As such. no reinstallation. relocation and/or modification of th T City's materials would be necessary in order to properly interface with the materials we propose and offer to supply. However, in the event that.tha­ City, for its own reason or purpose, chooses to reinstall. relocate and/or - modify the materials furnished by the City, then the City shall be -- responsible for any and all costs associated with such reinstallation, relocation and/or modification. Nt'stipulate that this Bid for specified quantity only. We stipulate that the total price is based on the consideration that we be - awarded the entire lot. We further stipulate that our offer to suppl V materials and services is on an all or none basis. If we are awarded the contract, we would not provide a performance bond. ' letter of credit. or other form of surety. We respectfully request that the City Commission and the City Manager waive this requirement on the basis of our substantial history of successfully supplying the specified materials, and that these materials are standard. "off -the -shelf"; production items that we have manufactured for over five years. do research, development or engineering would be required for our fulfillment of the order. Moreover, we have demonstrated the reliability and effectiveness of the materials and services that we offer to provide a herein, throughout the world in thousands of performances, including ouf- August.'1985 performance in Bayfront Park during the groundbreaking, , ceremony. i if we are awarded the contract. we would require a variance frog the stated payment terms: we would require a payment in advance in the amount of one hundred thousand dollars, or approx1mately one-third of the total of our bid price. We respectfully request that the City Commission and the City Manager accept this variance on the basis of our need to purchase the' two "Spectra Physics Model 2030-20" lasers sixty days in advance of their delivery to the iob site in order to thoroughly teat then prior to installation. It Mould be financially burdensome for us to finance the purchase of these laser components. 88--1046 r SCIENCE FACTION CORPORATION BID MU)M R 68-•7-141 CITY OF 1IIARV t W&-ineluda the -iasedistaly fol lowing materials as documentation of aereraL of our outdoor urban laser light shows. r TM"#6 Was EXPOW4611 Va W=W BeqN Columba. ca"641 Mali 2.Oetobv 1i,19H VWO a PO sox less VW' ca"v8C W TOL W41669-"ss TOW 04•64264 ti ,October 6, 1986 Mr. Richard Sandhaus Science Faction Corporation 333 West 52nd Street Now York; NY 10019 USA Dear Dick On behalf of the Expo 86 Corporation, we would like to extend our warmest thanks for your participation on International Nights of Fire. The production has become one of the largest and most popular onsite and would never have achieved such heights without your personal contribution and the professionalism of the Science Pact i on staff. All the besE in future endeavours and we hope to see you soon. Thank you. Misha N. Tarasoff Manager Entertainment Services N U . Pamela A. Loughton Assistant Supervisor Entertainment Technical Services Glen Priest Assistant Manager Entertainment Technical Services - /ds 88-1046 '�•�D�`'�2"cit'�"'K4' -----i1��!�Pljl�l�?!4%N�r+r.iiw+7s-•�e►�%71v�,1l�ilt�e•_y:.�.. .��.----=---��:,.. ._.... re s4•�r — i_ R -- %M Op ,— 4 U 1 2 1 C 7 E" C 9 F-`-A C "r T 0 N IL The. Night. the Light Died If you've ever lived to the NortheasL you've been asked "Where were you when the lights went out?" The Urban Lfyht Festival in New York commemorated the Creat Blackout of 1965. If you're old enough to remember the early '60s. several events probably M an Indelible mark on your Life, and everybody else's. They were historic moments that, when mentioned today, make you remember where you were, what you were doing, and the circumstances surrounding your We at the time. One was - the assassination of President Kennedy. Mother was the Beades' first appearance on the Ed Sullivan Show. And another. i you lived in the Northeast. was the Great Blackout. On November 9. 1965, at twilight on a typkal bustling Tuesday in New York Gty, the fights went ouL Not just the str"t lights. Not a couple of buildings here and there. Everything. All at once. Modem Manhattan had' been thrown back to another age, into the gloom that once accompanied every nightfall. along with 30 rrullion other Easterners to the north. New York Gty was particularly hard hit because the power failure struck just as though Mr. Murphy had planned it personally, at the worst possible time and under the worst possible circumstances — niah hour after dark Thousands were stranded in eleva- tors and underground in Intnukkk subway can, not knowing what In the world had happered. It was, one might pun. an Tightening v perience for anyone who awn wondered what the modem world would be like without electricity. k was aim a vekwbit lesson. We lamed that amficfal fight does trove than extend the day, so we can work later and play longer. We ciao draw from fight an emotional warmth, a sense of secunty. akin to the physical warmth we receive from a controlled fire, and though we may rot be helpless, that's how we feel when the fight suddenly goes away. The point of Urban Ught was to show just how important light, In all its n u►ny and various forms, has become to the city. Co, ttgonscred by the irew York chapter of the Illuminating Erngineenng Society (IES) and the International Association of Ughting Designers (LALD) aria created by Patricia Pinckney, an instructor at the Parsons School of Oesign in New Vatic. Urban ught was a four -day festival held on the 2Gth anni%erssry 4 1-�e b!ackaut !ast Ncvernber 69. Focusing on the many ways fight can be used to affect an urban environment,, it encompassed the architectural to the avant-garde. with Indoor and outdoor spacial events, a tour of the city's best examples of urban fighting, and a seminar with a panel of architectural fighting experts on the issues feting illuminating engineers today and in the future. The idea for the festival started early in 1985 when Pinckney. who does not remember the Blackout because she grew up in Minnesota. decided to present some kind of outdoor laser performance es part of the yearly program of events sponsored by the IES for the design community. "iAser fight really spomks to the urban environment." said Pinckney recently, relaxed for the firs time since the planning for Urban Ught began almost five months before. "it's incredibly powerful and very exciting. and the city is both of those things. There's also something icy and kind of threatening about lasers. yet they inspire awe. I think the ctry's that way, too." Pinckney planned to wont with Dick Sandhaus of the Science Faction Corpora- tion (featured in LD In July/August. 1985). setting up lasers in three different parts of Manhattan and playing the beams off buildings and each other above the skyline. "I wanted it to be an art performance, something that would connect the city geographically in a way that you couldn't otherwise do. But because New York Is so dense with buildings, too many sight lines were blocked and the idea fell through." Instead. it evolved into Urban UghL %ble it styli involved a laser performance, the grand scheme became greater than Plinckney planned. At some point, she reaiited that the projected date for her original laser show was near the 20th anniversary of the blackout "l found that whenever I mentioned this to anyone. they'd start telling me where they were and v.hat they were doing when the blackout hit." she said. "That was when I thought of doing a festival to commemorate it." Gathering up a few friends for the "Urban Light Task Force.' she started to formuiate Flans for the event. 'There was some thought at the beginniN that you ahouidn't .elebrVe en r,rnt that realty had trNic �.. =snow implication& But I think most of the aww we commemorate have elements of tragedy, like Memonai Day, and even this Fourth of July." In July she presented the IES.. of which she is a board member. with her Ideas. "1 had sfi my arguments for it prepared." she said "1 passed my proposal around the table and made my presentation, and flay didn't even discuss ill Somebody said. 'Weil, let's vote on it. .: And they al voted yes!. I was very sum used. That same rtl K I presented it to the IALD board, and trey approved it as well." VVtth htnding from the two orgaNtatlons. Pinckney and her growing team of vtolis>• teers organized a festival featuring WAn events. The first, on November 6. was "Manhattan Ughts," a panel discus sbn at the Grand Hyatt Motet that invtMkMad tee impact of lighting on architecture and tea image of New York Gty. Panelists ktchrrded righting designers Howard Brandston, Paul Marano, and Douglas Le!gh. Ktnt Swokk of the M micipal Art Society, architects Frances Halsband, Frederic Schwarm and Der Scutt and writer Mcfwel Sorkin of The tillage voice The second and third events began on November 7, and consisted of an e lion of decorative luminaires at the new International Design Center, New York (IDCi'iY), and "Urban Light at Llmebghr." where a number of artists displayed Mtdr large scale fight Installations. both A -4 m a,s and outdoors. Fourth on the agenda wade glass1opped bus tour of the city'a Ilglltb with Leigh, an architectural (ightInt designer whose projects Include iahtlnp of the Empire State Building and Citicorp. (Leigh was profiled in LD In July/ALOJA I M). The final events were held on the last night of • Urban tkjht, and mvol%ttd around a laser performance by Sandhaus, who blasted laser beam patterns into the city sides from 8:30 to mkdnight. Also held on the final night were a "laser watch." a public celebration in Columbus Grcle with an appearance by Erie Stalfer's un flue Ughtmobile. and a gala on the 6dth Aoo► of the RCA Building, from which partkt• pants watchfd the lasei show %,ale. cir."rt.tto in Aw to �1(�.•� � q .�• ....... �„�, MCI R M LIV� � ^ T t1lrninar that, kklard tsRf tfie ie,�qusil. f "a -attended by ?aQ � r►err#Ws of that- SOO* design h - yr se=OitY Ib tang rY f eWii,onal. but riot no planning, and as flu as i know 6 tx now. appeaRnq There are places where that there still is *no plannina. Anyone COMM a W, and r w*,ed Iaroww the -sut"Iftt of how faM (be -it architectural or can juld isn't bve, such as Central Pnrlr and Eiattery decide. 'I want to light up M buRding! parts, which are illuminated Wth grace and There are plans to light the WCWW Trade orbs" affects the city dwteiie(. Attendees saw an e)eens►ve slide charm" Center, for instance, and rm afraid Owe rsr She 815-0 noted a strong concern ehavr displaying the wealth o/ urban 1110►tiny design in New York Oty, which about going to do 0 in color. Frankty, I think Uwe whit fie New York skyline is going to look can be loo much of a good thing• Wgva• "I can be easily seen by thou who knot, where and how to look for it like a few yeats down the road. worry got a couple of buikfvvs that use caW about what's going to happen to the alrttady. To me the Wcxid Trade Ca�tlsf The dlycussbn then fumed to txobkms skyline if there's no control. Their s been should be a silver buildincr-" of lighting in New York, and possible Continued an ft� 71 solutions from both the artistic and•'• �� d vkw. "One thing float n �. { � • •� ? ti' f ti hasn'tantic&poaddressed dressed as much as k could •`� S ti f 1� be in New York Is ��r � r said Plnckney "We h" ail this charm on . � the bps cif bui kiings, but i think that t><tsrt.OW • streetd muchlethought behlIL A lot ofW�g /. Jot Augusta s 'Figures Ong TUM, and Three- at the Umdiyhi Included this Plat made ofaerytk Wth coax and neon tubing. He was one d ) 0 artats ahlb UROF their uWics o/ Ilghf. t Ltsers dram over the city during the UrUR Light flna►a. nw Wormance was a eneatton e( Brltnu faction.5 pick Sanowus. A Painted slldo and loops accompanied by a ghosuy soundtrack Uwe nj Sc mh end/nger's "TowM Mill er of Alphaue face Babdte," Photthe o byfor Peter Goarbnan of [dIson Pi4ce. Inc. 2 .ii."K•'1'�►. Y ��,tt i�'•'v, „f J_.ii i!•' J �;r. �• - (. � :/r:i' jyi,iEy�•,T�: a•' i -J". �.���,rri�4�:.��'.:i"1 .: •Pt�� • �•; � T.. ar}r`A�'•v.?�$' �•:S"' a `5.� j tie , is �L\ ���!+ gyI ''+t fir' Y'.'"L i.' �. rte•..i Mi . ia•' '�•- •t"•,►"4� •` " `mot' �i:% T • MA 416 or Lf S e,y r •_ y� ,w �rt�%'�..}; �j� .t•. �;rir�-,:•�•,-'y-�.-:��'rrk�� "� Sew. rt ts..... 9. �a� ,i. �r }�� �'• �.-y- dui. • 'I 1 .9 f �e ,w.'a"'•"'*wr+s�-�'- •• _ — uMWr'e Mn�swsiena i! 7ttez �•�sc- t�otf+-r,tr Wild wem curated by Lorralow Borievteietra. an arsi itectural designer who works for designer/ tMmgiraro► Mon Glaser: and who has designed works with neon and glass. I think the Ow Umengfrt show -came off pretty well, all things cons►dered, for a couple of reasotn," she said 'First d sit, it was a different Idnd of suditence then these artists norTmily get, a much wider audi- tnca. Also, a lot of these "as wee not familiar mth each other — there are a lot of artists working with idght, and k weer a good woy for them to get to know each other." Soneverihm said Ow could have had three tdrmes the number of artists who finally displayed their writs at the club. "I think then will be more events Igoe this in the heurc Everyone 1 worked with was very enthusiastic." The artists represented included Joe Augusta, Catering Beftlotto. Calhey INIllan, Beth Galston, Ron Rocco, DuAlo PaasarieAo*Cocenes. Led Sd'rwend- inger, David Wtnileld Willson, Chris Freeman. and Anrtatee Koehn. Most d the works were premieres and were presented inside the limelight's main dance hall. which was packed throughout the (our nights of the exhibition. The me that drew the most attention wa4 Schw•endinger's outdoor exhibit. the 'Tower of Alpha Babble;' a projection piece using the Umelight's bell tower, a" wuh an abundance of smoke, as a surface. Basing the piece an the confusion of languages surrounding the Tower of Babel. book of Genesis. she used four 2kw Cheat American tWrket Scene Machines to project a six•frinute program of painted slides and moving loops onto tht tower, the images merging to create an ever - changing, colorful composition of symbols from ancient languages climbing the Suitt Avenue side of the 70roat high stone _ structure. "One thing about art is that there's usually one way to look at k, a perfect viewing place, and people tend to be somewhat passive when looking at it." said Schwendinger. " %hat I loved about doing this outdoor installation was that people took it upon themselves to watch from different vantage points. I could see people standing underneath It and craning tf^elr necks upwards. going across the street and locking at the whole thing, standing on the aide and tooling at it obliquely, and then chatting to each other about what they saw." She compared the reactions of the onlookers to those at a fire. "People were spellbound, and even though the pratram lasted only six minutes before 2 repeating itself, some would stay for ON hours. "A tot of people thought we were = malting a movie. which bnnga up the i good point." she said. "People don't beAeve in live art any more. They'd come Cur•unuedon?al;v 73 s feasv with-Nfedia SfTecia.lUs— - is ►• L - ,� y,�•t. k ttS � - ai e New we're ie ore wretsall eorpttrste headgUWVM b wh San Antonin, with s Ict-x- more equipmew. perwami and mrvn-rs. Fur lighting equips in studios, theaters or archammre, call out systems office IKIW. if you need rentals for film. television or - special events, call fbr— quality equipment srd expert personnel today. YOUT And Mi.-Tta Spacislties a lighting crimpany th+t undem=ds what it takes to serape a - bot klea electric. iA � M ED SPECIALTIES 911 ssark or trt c►a aAouii Wider SuNaa•ia EoWMcNT RENTALS AND SALES IJ" STMICAi9T DANE u SAM ANTONIO. i US 1VA7 0 W21 KIt t1S1c SM OLD OACYtAAO W 012 0 SKOraE. K.L#4M 4WO7 a (31:4 M7dat10 71 �pyaya'w>!,�rt r rtta�s 1.0 a fM performance of pre#Ktlk1P s and - roted and Smoke, and it's for you_ I never - thoVht people .Mould question sorneftrig so simpie." The IfJC`i1' show ran from November 7, 25, end featured lighting fb dures both practical and whimsical by dozens of designers. "I deed t think theme's eve:► been a show quite Ike it." said 8onavenwirs. who acquired an abundance of odd -Shaped fbdures that draped, floated, hung, and r1g• tagged every which way. Akxtg with the one o(a ldnd creations, the display also Included commercial r►xtures. period pieces, and Wures created by lighting designers for specific projects. Lao's tar of the dry dyhts, held on Friday, November 8, served several purposes, First. It gave Interested de• signers and others the chance to see Leigh's work while he described the techniques he used, k also prompted Pinckney and her staff to put together a comprehensive guide book to architectural lighting design In Manhattan, which site hopes will be used by tour companks. "We warn to give this book to companies that W dry tours, so that perhaps they will be more conscious of fight and incorporate some of this Information Into their descriptions of the sights of New York1" The kal nkjht's evtnts revotmd around the laser performance, which started at 8:30 p•rn. and went on into the night. The evening began at Columbus Circle, where several searchlights attracted a large crowd of passers-by. "What was so wonderful about Columbus circle was that all these unsuspecting people who didn't know what wns 9cing on wandered by and snid. 'Wbat's happening7 and stuck around. We gave them things to wear, things made out of cherrucal tight sticks and Urban Ught buttons. and they'd put them on. Some men were Interviewed by a television stathon wearing chemical light rabbit ears," said arxkrey. "People realty got Into the spirit of iL Of all the things that happened that would encourage me to do another urban environment' event, ft was that." The appearance of Eric Staller s Ught- mobile, a bulb -covered Volkswagen bug, also attracted attention in Columbus Circle. The unique autor -obile has 1639 lkjht bulbs for its finish, arranged so that Stallw can chase rows of lights in 23 marquee -like patterns, He tails it his "urban UFO." "Some people ask, 'What is V' hnd i answer: 'it's an'," said Staller, a New York sculptor, photographer, and architectural lighting designer. "They understar.d that immediately, because it's a car and light buibi, which are common to evcryory s e..penence, and nit the same antw it's alchemy. k stimulates the imagrna- Lion, it is a rare person •,Mho is not inauulay transformed into a child In the presence of ehe Ughtmobile " Stotler often leavrts his Dots : on7+tuW dining in New.Yo*-:CN -- restaurants, for which mettre d's are genersh thankful, "it attracts business to the restaurvnt.' he said. 'They oil tell me anitlme I Want a free meal, just palk in front and !ea,,e he lights on. Staller s car will soon tie seen In a Steven *erberg film. The Money FV, While the Llghtmobile was wowing them in Columbus Orr.Ie. Sandhaus revved up his equ#xr*nt on a 73rd floor terrace of the Crown Sutlding at the toner of West 57th street arM Fifth Avenue. Using an i 8W argon lash, which emits a bluelreen light, he scut changing pettems of exams thmvgh the corridors formed=bq I stcvscrapers to the rxxth, nc+rtheast"and� northwest. occasional►y beannsring thww-tr) ► Rockefeller Center fcx the benefit of Urban.-. Light pxsrticipants watching horn die ROV Bialkina. -Afthouah there was no muait,-I programmed die three short segmemsio musk In order to have a mi taln kind of rhythm," said S,ardhsus, e>slal" tA- what New Yorkers saw was his •vrsttafi+ tnterprecatson of Thus $+aloe Ierothtaba Beethoven's Fifth, and Spring harts G: CoruMued on Fb" ...., l J'r..• :. d ��/� ice.. J �,� •. t Zal b LEE COLOR GELS, the standard by which all others are measured, presents a world of color formulated for every lighting challenge. Preferred by the industry's most discriminating lighting directors and cinematographers, LEE COLOR GELS are immediately available in sheets and rolls In a full spectrum of colors. Ea usive West Coast Ofstributor LEE CAMERA FILTERS, designed and manufactured by our own exclusive process for the cinematographer whose needs surpass more than studio use, feature excellent color control. optical perfection and will not separate under all extreme Cold or heat conditions. lit a Liit,l (vr tin ? Call CI`iEMILLS for your noarest it?Xer. DEALER INQUIRIES INVITED m �Ivtrktrs .1" "T? burr pan came a few weeks later. when i wa+ ccynMng home from the-elirport and the cobble started telling me about this frrcrrdiblc Aght show he'd seen over the City. it was my show," . said Sandheus, C'Notrely pleased Of course, not everyt tiny wvrkedl out as plani.-Od. according to the director. ,Vh hst I learned Shout public e'veirits Is that there are good reasons to start a year in advance," said Anclvtey, "For inieu t -e, we %aimed to do a syntbak blackout of some of the lighted buildings in Ow city, for an hour and a half. The iiden was to let the lights of the City go on, turn some of those lights off, do the laser show. and then have Via laser show joined by the blacked-m buildings, Unfortunately, we started toe late to get all the appropriate ciea'ences, At Vie last minute, we began to gat cooperation from tie building imaniagements — the Empire State Building came through, and there were people at the Chrysler Building who said, "We'll do It but only if a cenain number of the others do it' But by then, we had already told three others that we couldn't do the blackout because we didn't have enough buildings. 50 the thing I find most unbelievable about d ds event is that ter--dod An four- monthr with - v su,R c,! %-,7,1ur,te" whit most rxrnle trn to do In 10 months wttn pe+d help. It s no woneer w r went s link cre y:- h was worth It she mv% "I think there are a number d ways that light has become Important to the urhan environmrn► in the last 20 years," continued Pinckney. "Part of h has t4 do +vftFt the energy crisis. and the fad that People are now aware that light can't be taken for granted. Also, for economic reasons. they see tf fat more isn't necessarily better. The whole profession of lightrhg design springs from that attitude -- architects, for instance, realize that if you have to use less light, you need p"Oe wtro know how to use less effectively. Remember, architectural lighting design Is a rclatively new prdession, beginning in the etuty `70s." The reasorts for holding the festival go deeper, howew, Into an emouonal vein. "Whether it's colrtcidental or not the whole economic recovery of Nevi• York in the mid '70s and the fighting up of the skyt'uhe seemed symbolic, like we were corning out of the energy crisis. Starting with the Empire State Building in 1976, wt began to sue a real gaiety In the skyline," she said. `Where I moved to New Yoric, I had a ConlTolk;j and Q arG This custom -designed, rack -mounted unit Is an example of combining different controllers to achieve a +•:? if" ` r, 1 greater flexibility for controlling large areas. The top unit, Model LOS-402. Is a 4-channel light ajkiSr a; orgarV ''` ,.T.,,. `` chaser ideal for strip lights or rain tights. Many automated features allow for a constantly changing pattern. • ,; . .� The two bottom units, Model SAS. ti 00310, each have an automatic 40 pattern routine at selectable rates and .•; enhancement, such as changes of color, pattern or sound response. These are standard features. A flash L`*. ``—'•'� feature, to achieve subliminal or strobe effects with an unlimited variety of patterns, colors or ditectional light flow, makes these units leaders in the field of Light Controllers, For more information, write or call; ELEOTROKIC DESiGNERS, [No. lit Rodeo Dr., arstntwood, KI 11717 a (lils) 242-14DO Matrcipoiltan area disiribJtors; farraiane Enterprises, FarmingdAde, NY 11735 (G18) 752= Universe Stage Lighting, N,Y,C., 10035 (212) 2t6.0597 :'ar.�.Tr.~�":���^!T. ['r. :`2SS,i�..�L.'Ti:1�.'T'i`+t: �•.��.-. R! ftAe, Samice 152 vriMow e+�e►hooidnp the ete*wlq'#ed 10 urea• � n vat like he%pro 01ristrnasstow &M. 4'9 - Nc*n a source or nnoe to New-viork and on attraction for tourists 1 drink fight has had a 101 to do with trnape bumirq in Plow York and I think 0 can do the omm Eon other aides as welt." piip MORE POWER PLAhT"- people could see their wad orowid the room, but kept tit theatrteai enough to that nobody would notice the n**r al Anrshes in that space. In a lot of char places, in had to be very careful that tine didnl #hm away the ghost illusions found throughout the facility, "I one were to design the bWidhV from scratch, it wouldn't have been this am. cated," he said. "I don't think any one person at any given trite ever knew the current sta%m of the fa ". At !last. fhb seemed to be disorganirs0ort. but R. was really because of the mspri ttWe of the BalUmore's response has been positive so far an a,-erage of 30,000 tustorners visit the Power Nnt roory walk GertaWy, being in tie middle of a booindi urban redevelopment program has heiprd boost attendance, but Gary Goddard admks that the real test will be whetter t>ht Power Rant can draw repeat business. Will confident that It can. "Residents want b show aff to their vWting reiatives," he said. 'Also, part of the repeat business WH be due tip marMUng, special everow fe"s that will be going on. There wig be number of reasons for people to coax back" 11HI PRODUCnOiY NOTES: Dame ff7annary can be rtaat:had 0mu4gh Theoria Productions, 6671 Sunset 6oWa- uerd, Suite 1597, tfoftyu=4 GI .9=h Tick. 213i461-3237. LtndffuA E.rtterta(A menu is located at 604 Baud& hard, Los Angeles. CA 900s? • 7-dtt 21S/ 469.2810, 8111 Synh" mar be otwi" d through mad Productions, 1910 ktgeraoif focnrre, Des Moines, to 50309, 7e1a; 313✓ 243.2121 Em/c 8ouvn Is at Tumpo 11p1+i1. Ing, 13324 Estlrrla Avenus. Cardats G 90248; Teler 213/770.822S dS1u Flags' Power Plant can be reached of .001/ 244737?. c)pp ((�� 8-104C is twt+w.e OYwu�laaa '�� lt'��►e�lI M tJ 1 aC 4 f i SCIENCR FACTION CORPORATION DID "Ma 86-e7=141 CITY OF NIARM We include the imadiately following dinensioncd drawings of •. SFC - 300 Projector • S!C LaserChaser t Projector • Spectra PbySicS 2030-20 IIIII�III�I�I'���nllinln � SIN 1131 r--------- .�:s �--9s 1 �---- io- --. Science Faction Corporation 333 Wea 52nd SIMM, New York. NY 10019 (212) 5WI911 TshotZV071' CamSCIENCEFACNEWVOfK { "aSMA.ElifoIIEwIOUNNA EOnma"tlllMMML AE ww Ow't1► Mw THE l kO-- EE l "E R i qm TCtOMOCO AM ArR►MtIplMlJlfIMtLMOREICC/E�NMIOtt MWmmM as/s OR4MRTTII/MOYI ll�EMON s a *Am our *.OW �Et�asstat�wrew�[t�■rsetr�Irerleew■rr�0a a. �� 74 i r., } A�. REV DESCRfPTiON DATE APf pimpslCoW f �, , 1R 1 IATE 7 OR 8 CHK BY oo«oT 40- l [E2 NMTwnz o � I, . TART OF OlIIIG MO .�;,I �� i INIII IummiIn'll III II V 1 11 111 *0 &fence faction Corporation sj. w1016 W&M wt•.ow.,Au wRitM+r,n �� t +eowt�ow.- I a Nois�o e.�r111010 M.wss .a a.�ao�arrfaersp+en. Rstwa PaEPmAlmlAft «ems e►wswtr tt ,.woir.soo..sw a sun s � r—Lc-Vfi,-rOrA b" 2" _0 �Om1 Z3/v,Nl t 86 -15 f ! '`.' It PF OACT IE SIR - fit ITOf � a 'i r._ Mechanical SPecificatiana' 2413 au�r-------_ 7 _ SEAM loll Xi DJ 1=� as � S G � 0 0 0• 1 s+ s s 0 13 22- 16.7 Etectrkal and Water Requirements 11742 LfAkICAI AM 2-:921A, %,1.001t3 631 CIA x 37000 LG. Input Power 3 phase with ground V "Is 480 V ±6% Current 00 A Power Consumption 38 kW Water Flow Rate 13.3 I/min (3.5 US gaVmin) Water Pressure 3.6 kg/cm2 (50 psig) Physical Olmenslons Laser Head su 208.244,141,7 cm (82.04.5x7.1 In.) Weight 90 kg (200 tb) l=j 4 1 27.7 DWOMOM n nw Power supply �""1��� Site 48.7x47.Ex91.T cm(18.38zi8.75x36.0ii fn.) , Weight N kg (217 tb) • .^ Aps S7�I8IT B SC HZDMZ OF SOFTNARS PROGRANs Ninety-Thr`se (93) software Programs identified as "Nognchi Tower of Light, Programs 1-93". aft, W S'uBIBIT C SCHEDULE OF VISUAL WORKS Ninety-Tli2�6a (93) Visual Works corresponding to and produced by the use of the software Programs identified as "Noguchi Tower of Light, Programs 1-93". EXHIBIT D THE SCIENCE FACTION CORPORATION N IM E"WYEES • CONFIDENTIALITY AND NON -COMPETITION AGRE CM This Agreement is made by and among SCIENCE FACTION CORPORATION, a New York corporation (hereinafter "SFC"), the City of Miami, Miami, Florida (hereinafter "City" and (hereinafter the "undersigned), residing at A. Pursuant to the Purchase and Sale and License Agreement for Bayfront Park Laser Light Projection System dated as of October , 1988, the City has obtained a laser lighting display system, including equipment and the license of software and visual works ("System") from SFC to enable the City to perform certain visual works created by SFC at the Tower of Light in Bayfront Park, in Miami, Florida. B. The System including the equipment and the licensed software programs and visual works contains unique, valuable, confidential, technological information, data and know-how developed and created by SFC. 8S-1046 C. The undersigned is or will be engaged in or exposed by the City of Miami to SFC's processes, designs, methods and unique, valuable, confidential know-how, information and technology relating to the System, the equipment and the licensed software and visual works. D. The City has agreed with SFC that the City's agents, servants and employees directly concerned with the System shall sign this Confidentiality and Non - Competition Agreement. Now therefore, in consideration of the employment, engagement or retention of the undersigned by the City, and the salary, fees or other charges paid to the undersigned by the city, the undersigned agrees with SFC and the City as follows: 1. The undersigned acknowledges and agrees that the System including the equipment and the licensed software and visual works contains valuable processes, designs, methods and other confidential technological and scientific know-how, trade secrets and other information developed or created by SFC. 2. The undersigned agrees that he will not directly or indirectly use or disclose to anyone other than an officer or employee of SFC, or an agent, servant, or employee of the City directly concerned with the use of the /: SS--1046 System by the City, either during bin employment, retention or engagement by the City or after his termination thereof, any methods, designs or processes, or other confidential. technological, scientific knov-hov, trade secrets or - information relating to the System and its equipment and -- the licensed software and visual works, obtained by his while in the employ of the city. upon termination of his employment, retention or engagement by the City, he will not take with him or retain any software, drawings, designs, plans, blueprints, reports, models, photographs, manuals, business information or other material of SFC or the City, or copies thereof relating to the System, its equipment, and the licensed software, and visual works, whether or not made or prepared by the undersigned and shall surrender all of the same to the City promptly upon such termination. 3. The undersigned agrees that for a period of five (5) years after termination of his employment, engagement, or retention by the City, he will not directly or indirectly hire or employ or attempt to hire or employ for any purpose relating to laser equipment, software and/or laser shcvs/effects any person employed by SFC or any division, subsidiary or affiliate of SFC at the time of or subsequent to the termination of his employment, engagement or retention by the City. 3 88-"104 C -,*IN 4. This agreement shall be binding upon the undersigned, and his heirs, executors and administrators and shall inure to the benefit of the City and SFC, and their respective successors and assigns. 5. This agraesrnt shall be governed and interpreted by the laws of the State of Florida and may not be modified, aasuded, terminated or released except by a vriting duly executed by both parties. IN WITNESS WHMCF, the parties have hereunto set their hands and seals this day of , 198 . City of Miami SFC By. 4 (Employee) 88-1046 SC MCB FACTION CORPORATION THIRD PARTY CONFIDENTIALITY AND NON-CO31Pr TON AGRSRMENT This Agreement is made by and among SCIENCE FACTION CORPORATION, a New York corporation (hereinafter "SFC"), the City of Miami, Niazi, Florida (hereinafter "City"), and (hereinafter the "undersigned") residing s at A. Pursuant to the Purchase and Sale and License Agreement for Bayfront Park Laser Light Projection System dated as of October , 1988, the City has obtained a laser lighting display system, including equipment, and the license of software and Software Program ("SoftwareO) and visual works (the equipment,, Software and visual works and called collectively the "Systmo) from SFC to enable the City to perform certain visual works created by SFC at the Tower of Light in Bayfront Park, in Miami, Florida. B. The Syntex including the equipment and the licensed Software and visual works contains unique, valuable, confidential, technological information, data and know-how developed and created by SFC. 88-1046 0 C. The City has agreed that in the event a request is made by a third party pursuant to Florida Statute Chapter 119 for inspection and examination of the Software licensed to the City under the Agreement, and the City is required or deems it advisable to permit such examination of the Software, the City shall require the person representing the examination or inspection to sign this non-use agreement. D. The undersigned has requested examination and inspection of the Software under Florida statute Chapter- 119 and pursuant to the Agreement, the City has required the undersigned to sign this non-use agreement and the undersigned agrees to comply with said request. Now therefore in consideration of the premises, the undersigned hereby agrees as follows: 1. The Software leased and/or licensed to the City for use in conjunction with the System is the exclusive property of SFC except to the extent leased and/or licensed to the City under the Agreement. 2. The Software contains valuable processes, designs, methods and other confidential technological and scientific know-how, trade secrets and other information developed or created by SFC. 3. The undersigned shall not, nor shall any person, firm or corporation affiliated in any way with the undersigned or in which the undersigned has an interest, K 88-1046 gg.. 046 r directly or indirectly, use or disclose the Software to anyone other than an officer or employee of SFC, or an agent, servant or employsa of the City directly concerned with the use of the Software. 4. The -undersigned shall not reverse assesble or reverse compile the Software or make any copies of the Software. S. This agreement shall be bindinq upon the undersigned, his, her or its hairs, executors, administrators, successors in interest and assigns, and shall inure to the benefit of the City and SFC and their respective successors and assigns. IN ASS WHEREOF, the parties have hereunto set their hands and seals this day of , 198 . City of Miami BY SFC 3 88-1046 EXHIBIT F ACCEPTANCE OF DELIVERY Pursuant to Article XII, Paragraph A,of the Purchase and Sale and License Agreement for Bayfront Park Laser LIght Projection System between the Science Faction Corporation and the City of Miami, dated as of October , 1988, the City of Miami hereby accepts delivery of the following laser units: ( Check whichever is applicable) /% two Spectra Physics laser units Model 2030-20 /% two Coherent Innova laser units Model 100-20 , referred to therein and acknowledges that said two laser units are in working order on the date hereof. Dated: , 1988 City of Miami By: Authorized Representative 138-1046 TXHIBIT G NCB OF DEMONSTRATION is XII, Paragraph B of the Purchase Agreeaent for Bayfront Park Laser system between Science Faction _ty of Miami, dated as of October , hereby accepts the Demonstration of -dare installed in the Tower of Liqht 1, Florida, by SFC and ac movledgas i Software are capable of producing ;plays. a City of Miami BY. Authorized Representative RAMS i C of the Purchase ►ayfront Park Laser science Faction Ad as of October , dqes receipt of the of the Software t Light Programs 1- of Miami thorized presentative 88--1046 114 e1 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO. Honorable Mayor and Members of the City Commission FROM Cesar H. Odi City Manager RECOMMENDATION: DATE: OCT 2 111 IVVV FILE SUBJECT. Laser Projection System Bayfront Park REFERENCES: ENCLOSURES: 0 It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute a contract, in substantially the form attached, with Science Faction Corporation.for the furnishing of a Laser Light System to be installed on the Light Tower at Bayfront Park. Funds for the purchase are available from a grant from the James L. Knight Foundation, which is being appropriated to Capital Improvement Project No. 331230, Bayfront Park Redevelopment -Light Tower. BACKGROUND: On November 19, 1987, the City Commission passed a resolution authorizing the City manager to negotiate a contract with Science _ Faction for the furnishing of a Laser Light System for the Light Tower at Bayfront Park at a total proposed cost of $298,200. The Administration has since been negotiating with Science Faction and an agreement has been reached. Due to price increases of the laser lights, the contract price has increased by $21,200. This increase is being covered by a similar increase in the grant funds from the James L. Knight Foundation. T4 0 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Cesar H. Odio, City Manager To Att: Aurelio E. Perez-Lugones DATE October 18, 1988 FILE SUBJECT Laser Projection System Bayf.ront Park FROM G. Miriam Maer REFERENCES Assistant City Attorney ENCLOSURES : ( 1 Attached please find Resolution for referenced item. The Ordinance appropriating the additional monies will be effectuated by Eduardo Rodriguez through a change in his Master Capital Improvement Ordinance. City staff will be providing you with more comprehensive cover memo. GMM/rcl/P489 Attachment cc: Vice Mayor Rosario Kennedy Carlos Smith Assistant City Manager Luther E. Long . Department of Public Works Eduardo Rodriguez Planning Department