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HomeMy WebLinkAboutR-87-1059J-87-1082 — 11/19/87 RESOLUTION N0. A RESOLUTION 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 313230, BAYFRONT PARK REDEVELOPMENT - LIGHT TOWER. WHEREAS, the James L. Knight Foundation desired that the addition of a computer controlled laser light projection system be included in the redevelopment of Bayfront Park and has given the City a grant in the amount of $858,171.00 to cover _ construction modifications necessary to incorporate the system into the redevelopment of the park and for the purchase and ® installation of the equipment and the computer programs; and WHEREAS, the City's consultants on the Bayfront Park Project were authorized and directed to proceed with the preparation of = plans and specifications for the furnishing of equipment, — materials, installation and programming of the desired system; and WHEREAS, after a determination by the City's Chief Procurement Officer that Science Faction Corporation, the supplier who had been suggested by the James L. Knight Foundation and the City's Downtown Development Authority, was not a sole source provider, competitive bids were solicited and bids received for the furnishing of equipment, material, installation and programming of the laser light system in accordance with plans and specifications prepared by the City's consultants; and WHEREAS, two bids and one "no bid" accompanied by a letter of protest were received; and WHEREAS, it was determined by the Chief Procurement Officer that neither of the two bids received were responsive to the advertisement; and CITY COMMISSION MEETING OF NOV 19 1987 ION No. 97-11 WHEREAS, it was determined by the Chief Procurement Officer that the low bid of $298,200.00 submitted by Science Faction Corporation was not responsive to the advertisement because it - was accompanied by a proposed agreement to be executed by the City and Science Faction Corporation that differed from the City's bid specifications pertaining to: (a) The providing of the required performance bond. (b) The indemnification of the Science Faction Corporation against the wrongful use of the system by the City personnel. (o) Protection of the system's confidentiality by the City, and (d) Payment and delivery schedules; and WHEREAS, it was determined by the Chief Procurement Officer that the bid of the second low bidder, Image Engineering Corporation was not responsive in that the bid received was not to furnish a system that provided the specified 380 degree projection; and WHEREAS, it was determined by the Chief Procurement Officer that the "no bid" accompanied by the letter of protest received by the Laser Media Incorporated was without substance; and WHEREAS, under provisions of Section 18-52.2 the City Code, the City Manager after rejecting all bids then entered into competitive negotiations with the two bidders Science Faction Corporation and Image Engineering Corporation, and Laser Media Corporation, the three firms responding to the City's intitial solicitation; and WHEREAS, negotiations have been successfully completed with Science Faction Corporation that provide the following agreements pertaining to the conflict between the agreement originally submitted by Science Faction Corporation and the City's bid specifications: 1. The requirement for a performance bond will be waived by the City and protection provided to the City by other means. 2. Science Faction has agreed to waive the requirement that it be indemnified against the wrongful use of the system by -2- Y 97-1QS9 1 City personnel and instead shall hold and save the City of Miami, Florida, its offioers, agents and employees harmless from liability of any kind in the performance of the contract. 3. Science Faction has agreed to the protection of the confidentiality of its equipment only to the extent as can be provided under the provisions of the Florida's Public Records Act and "Sunshine Law" provisions. 4. A payment and delivery schedule as detailed below: a. The City will make payment in the amount of $100,000.00 to Science Faction Corporation upon certification by the City's consulting architect, Shoji Sadao, that the required laser tubes have been delivered to their assembly and testing point in New York City, New York. b. The City will make an additional payment of $100,000.00 to Science Faction Corporation upon the delivery and installation and successful testing of the entire system in the light tower in Bayfront Park. o. The City will pay the remaining $98,200.00 upon the completion of all other work pertaining to the laser light system such as the seouring of all permits and licenses, testing of all equipment, and upon the providing by Science Faction Corporation of the 93 system programs as required by the speolfioatione ; and WHEREAS, the City Manager, as a result of the aforementioned negotiations recommends the execution of an agreement with Science Faction Corporation in a000rdanoe with the aforementioned provisions; 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 a form aooeptable to the City Attorney for the purchase of equipment, material, installation and programming of an oomputer controlled laser projection system with Science Faction Corporation in accordance with provisions set forth in the preamble to this resolution, which preamble is adopted and incorporated by referenoe as though setforth therein. -3- R�-1059 Seotion 2. This Resolution shall be effeotive upon its adoption and the provisions thereof, unless otherwise indioated herein, shall also beoome operative upon its adoption. PASSED AND ADOPTED this 19th day of November 1987. XAVIER L. SUA2tZ, MAYOR ATT &04�� NATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: G. IAM MAER TA ASSISNT CITY ATTORNEY APPROVE AS TO FORM AND CORRECTNESS: L CIA A. DO GHERTY CITY ATTORNEY LEL/GMM/rol/bss/MS71 -4- 9 7-IL059