HomeMy WebLinkAboutRFP - P1029 MARKET RESEARCH (9)REQUEST FOR PROPOSAL
CITY OF FORT COLLINS
MARKET RESEARCH
PROPOSAL NUMBER P1029
PROPOSAL DATE: 3:00 p.m.(our clock) SEPTEMBER 27, 2006
Administrative Services
Purchasing Divison
215 North Mason Street 2nd
Floor P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6775 Fax (970) 221-6707
www.fcgov.com
REQUEST FOR PROPOSAL
City of Fort Collins
Proposal Number P1029
Market Research
The City of Fort Collins is seeking proposals from firms for market research.
The Utilities is seeking proposals to conduct research and make recommendations about the
following:
Benchmarking to previous research aspects including measurement of top service
variables (approximately 12) and Fort Collins Utilities performance in those areas;
Overall rating of Fort Collins Utilities performance in its four utility service areas: Electric,
Water, Wastewater, Stormwater; (The selected consultant will receive a copy of previous
research at project onset)
Brand awareness;
Fort Collins Utilities’ customer attitudes, perceptions and price tolerances about wind and
other renewable electric power offerings, and demand-side management efforts to gain
energy efficiency; and
Fort Collins Utilities’ customer attitudes and perceptions about water resources and
conservation;
And general price (rates) sensitivity.
Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock), September 27, 2006. Proposal No. P1029. If delivered, they are to be
sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address
is P.O. Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Patty Bigner, Project
Manager, (970) 416-2432.
Questions regarding proposals submittal or process should be directed to Opal F. Dick, CPPO,
Senior Buyer, (970) 221-6778.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision-
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Administrative Services
Purchasing Divison
215 North Mason Street 2nd
Floor P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6775 Fax (970) 221-6707
www.fcgov.com
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
Proposal Number P1029
Market Research
Since 1999, Fort Collins Utilities has conducted comprehensive market research for all customer
segments as part of its strategic planning process. The plan calls for performance
benchmarking through periodic market research. The most recent research was conducted in
2003.
During the last five years, Fort Collins Utilities has implemented City Council adopted policy for
the four utilities. This policy direction includes the 2003 Electric Energy Supply Policy, the Water
Supply and Demand Management Policy and the Stormwater Master Plans for the City’s
stormwater drainage basins. In each policy area, Fort Collins citizens are impacted, and
successful implementation relies on interest and acceptance from Fort Collins citizens.
The Utilities is seeking proposals to conduct research and make recommendations about the
following:
Benchmarking to previous research aspects including measurement of top service
variables (approximately 12) and Fort Collins Utilities performance in those areas;
Overall rating of Fort Collins Utilities performance in its four utility service areas: Electric,
Water, Wastewater, Stormwater; (The selected consultant will receive a copy of previous
research at project onset)
Brand awareness;
Fort Collins Utilities’ customer attitudes, perceptions and price tolerances about wind and
other renewable electric power offerings, and demand-side management efforts to gain
energy efficiency; and
Fort Collins Utilities’ customer attitudes and perceptions about water resources and
conservation;
And general price (rates) sensitivity.
The City of Fort Collins, at their option, reserves the right to use the selected consultant for like
or similar work.
Background Information
The City of Fort Collins is a community of almost 140,000 highly educated and involved
residents located approximately 60 miles north of Denver along Interstate 25. The City utilizes a
city manager form of government and is governed by an elected seven member Council,
including an elected mayor. The Utilities provides electric, water, wastewater and stormwater
services to the community. The Utilities General Manager reports directly to the City Manager.
Two citizen advisory boards, the Electric Board and Water Board, advise Council regarding
electric and water utility policy issues. Council appoints Board Members.
Electric
The electric utility operates as a municipal utility wholly owned by Fort Collins citizens since
1935. In 1973, when operations at the City’s generation plant were no longer financially
feasible, the City of Fort Collins joined with municipal governments in Loveland, Estes Park and
Longmont to create the Platte River Power Authority (Platte River), a joint action agency. Platte
River allows the four cities to share the costs and benefits of generating, transmitting and
exchanging electric power. Fort Collins Utilities owns and operates the distribution system.
5
Electric Board
The Fort Collins Electric Board was created by City Council in1991. The primary function of the
Board is “to advise the City Council on policy matters pertaining to the municipal electric
system.”
Demand-Side Management Programs
Energy Services programs provide an opportunity for partnership with Fort Collins Utilities
commercial and residential customers by offering innovative design and energy solutions to
improve efficiency and reduce cost. These programs include commercial/industrial energy
audits and incentives, design assistance, lighting demonstrations, and Zero Interest Loans for
Conservation Help (ZILCH) and several Demand-Side Management programs.
Wind Program
Fort Collins Utilities offer residential and commercial customers the option to purchase clean,
renewable wind power. The wind energy is provided by Platte River, from its Medicine Bow Wind
Project and other sites.
In addition to the voluntary Wind Power Program, all electric customers are paying 1 percent
more in their electric rates to fund the renewable energy objectives of the Electric Energy Supply
Policy, which was adopted by City Council in 2003.
Water Resources & Conservation
Fort Collins Utilities strives to provide a reliable and high quality water supply to our customers.
Steps include diverting and storing the raw water supplies, processing the water at our
treatment facility, distributing the treated water, and assuring water quality during each of these
steps.
Through careful management of our supplies and with continued conservation efforts by our
customers, the City's water supply projections do not indicate the need for mandatory watering
restrictions. Water needs to be used efficiently, however, and voluntary conservation efforts are
still highly recommended.
The Water Supply & Demand Management Policy helps guide the Utilities in balancing supplies
and demands into the future, even during drought conditions.
Water Board
The City of Fort Collins Water Board advises the City Council regarding water, wastewater and
stormwater policy issues such as water rights, planning, acquisition and management,
conservation and public education, floodplain regulations, storm drainage and development
design criteria. The Board reviews and makes recommendations on Water, Wastewater and
Stormwater Utilities budgets, fees, water quality and local, state and federal water legislation. At
times, the Board acts as a quasi-judicial body on floodplain regulation variances. It cooperates
with regional entities to coordinate planning and maintain a dialogue on regional water issues.
The Board is also involved in master planning and provides advice and citizen input regarding
proposed policies and actions affecting Utilities customers.
6
Wastewater
Fort Collins operates two plants that treat wastewater. Before water is returned to waterways,
the Pollution Control Laboratory ensures that it meets or surpasses state and federal standards.
Wastewater that enters the facilities is monitored for heavy metal contaminants. Some industries
must pretreat their wastewater before it can be collected and treated.
Stormwater
Fort Collins Utilities updated the City's Drainage Basin Master Plan in June 2004 and revised
the Floodplain Regulations in March 2005.
Master plans describe the flooding history, identify potential problem areas and look at possible
solutions. Floodplain regulations are used to manage the floodplain by reducing future damages
and helping protect the health and safety of citizens.
Fort Collins Utilities provides information and promotes awareness of flooding hazards and
water quality issues; reduces flooding hazards with cost-effective capital projects; assists in the
emergency response to flooding; manages policies and regulations to reduce future flooding
hazards; and makes recommendations to City Council. Monthly rates fund these activities.
Expected Results
The following is a brief outline of the expected results of the research and consulting effort:
Deliverables:
1. Development of market research methodology, including survey instruments, vendor
hiring and management, and research report.
2. Secondary research to identify potential for customer satisfaction benchmarking with
other similar communities and or utilities.
3. Recommendations based on customer perceptions found in primary and secondary
research.
Expected Outcomes
1. Fort Collins Utilities will have current information about attitudes, perceptions and price
tolerances among commercial and residential customers with regard to the wind power
and other renewable energy programs, and energy efficiency programs based on
objective, statistically valid market research.
2. Fort Collins Utilities will have current information about attitudes, perceptions and price
tolerances among commercial and residential customers with regard to water quality,
water conservation and water resource and stormwater management based on
objective, statistically valid market research.
3. Fort Collins Utilities will have current information about benchmarked customer
satisfaction attributes.
7
Submittal
Qualified consultants interested in the work described in the RFP should submit a minimum of
the following information to the City:
Statement of understanding of the Utilities’ situation, needs and objectives
Proposed consulting and research approach
Proposed scope of services
Proposed consulting team
Proposed schedule of activities
Service rate schedule (hourly rates applicable to consulting team members
Proposed range of project cost
Firm qualifications including reference projects and contacts, consultant’s resume
Review and Assessment
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals. Evaluation may also include an interview session.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5
being an outstanding rating.
Weighting
Factor Qualification Standard
2.0 Scope of Proposal Does the proposal show and understanding of the
project objective, methodology to be used and
results that are desired from the project?
2.0 Assigned Personnel Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
1.0 Availability Can the work be completed in the necessary time?
Can the target start and completion dates be met?
1.0 Motivation Is the firm interested and are they capable of doing
the work in the required time frame?
2.0 Cost and Work Hours Do the proposed cost and work hours compare
favorably with the project Manager’s estimate?
Are the work hours presented reasonable for the
effort required?
2.0 Firm Capability Does the firm have the support capabilities the
assigned personnel require? Has the firm done
previous projects of this type and scope?
8
Reference evaluation (Top Ranked Firm)
The project manager will check references using the following criteria. The evaluation rankings
will be labeled Satisfactory/Unsatisfactory.
Qualification Standard
Overall Performance Would you hire this Professional again? Did they show the
Skills required by this project?
Timetable Was the original Scope of Work completed within the
specified time? Were interim deadlines met in a timely
manner?
Completeness Was the Professional responsive to client needs; did the
Professional anticipate problems? Were problems solved
quickly and effectively?
Budget Was the original Scope of Work competed within the
project budget?
Job Knowledge Did the project outcome meet the Scope of Work?
Standard Professional Services Agreement- rev09/01/06 9
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below, by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and _____, [insert either a corporation, a partnership or an
individual,doing business as _______________, hereinafter referred to as "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance
with the scope of services attached hereto as Exhibit "A", consisting of () pages, and
incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit
"B", consisting of () pages, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence 2006, and shall continue in
full force and effect until 2006, unless sooner terminated as herein provided. In addition, at the
option of the City, the Agreement may be extended for additional one year periods not to exceed
four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and
agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State
Planning and Budget Office will be used as a guide. . Written notice of renewal shall be
provided to the Service Provider and mailed no later than ninety (90) days prior to contract end.
4. Early Termination by City. Notwithstanding the time periods contained herein, the
City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to
Standard Professional Services Agreement- rev09/01/06 10
the termination date contained in said notice unless otherwise agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage prepaid and
sent to the following addresses:
Professional: City: With Copy to:
City of Fort Collins, Purchasing
PO Box 580
Fort Collins, CO 80522
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination, subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
5. Design, Project Indemnity and Insurance Responsibility. The Professional shall
be responsible for the professional quality, technical accuracy, timely completion and the
coordination of all services rendered by the Professional, including but not limited to designs,
plans, reports, specifications, and drawings and shall, without additional compensation, promptly
remedy and correct any errors, omissions, or other deficiencies. The Professional shall
indemnify, save and hold harmless the City, its officers and employees in accordance with
Colorado law, from all damages whatsoever claimed by third parties against the City; and for the
City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's
performance of any of the services furnished under this Agreement. The Professional shall
maintain commercial general liability insurance in the amount of $500,000 combined single
limits and errors and omissions insurance in the amount of $.
6. Compensation. [Use this paragraph or Option 1 below.] In consideration of
the services to be performed pursuant to this Agreement, the City agrees to pay Professional a
fixed fee in the amount of ($) plus reimbursable direct costs. All such fees and costs shall not
exceed ($). Monthly partial payments based upon the Professional's billings and itemized
Standard Professional Services Agreement- rev09/01/06 11
statements are permissible. The amounts of all such partial payments shall be based upon the
Professional's City-verified progress in completing the services to be performed pursuant hereto
and upon the City's approval of the Professional's actual reimbursable expenses. [Optional]
Insert Subcontractor ClauseFinal payment shall be made following acceptance of the work by
the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other
services rendered by the Professional shall become the sole property of the City.
6. Compensation. [Option 1] In consideration of the services to be performed
pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable
direct cost basis according to the following schedule:
Hourly billing rates:
Reimbursable direct costs:
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed ($). Monthly partial payments based upon the Professional's billings and itemized
statements of reimbursable direct costs are permissible. The amounts of all such partial
payments shall be based upon the Professional's City-verified progress in completing the
services to be performed pursuant hereto and upon the City's approval of the Professional's
reimbursable direct costs. Final payment shall be made following acceptance of the work by the
City. Upon final payment, all designs, plans, reports, specifications, drawings and other services
rendered by the Professional shall become the sole property of the City.
7. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
8. Project Drawings. [Optional] Upon conclusion of the project and before final
payment, the Professional shall provide the City with reproducible drawings of the project
Standard Professional Services Agreement- rev09/01/06 12
containing accurate information on the project as constructed. Drawings shall be of archival,
prepared on stable mylar base material using a non-fading process to provide for long storage
and high quality reproduction. "CD" disc of the as-built drawings shall also be submitted to the
owner in and AutoCAD version no older then the established city standard.
9. Monthly Report. Commencing thirty (30) days after the date of execution of this
Agreement and every thirty (30) days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Scope of
Services, Work Schedule, and other material information. Failure to provide any required
monthly report may, at the option of the City, suspend the processing of any partial payment
request.
10. Independent Contractor. The services to be performed by Professional are those
of an independent contractor and not of an employee of the City of Fort Collins. The City shall
not be responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
11. Personal Services. It is understood that the City enters into this Agreement
based on the special abilities of the Professional and that this Agreement shall be considered as
an agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
12. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The
City's approval or acceptance of, or payment for, any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement.
13. Default. Each and every term and condition hereof shall be deemed to be a
Standard Professional Services Agreement- rev09/01/06 13
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default.
14. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non-defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall be
liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and
costs incurred because of the default.
15. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
16. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply
to all Contractors whose performance of work under this Agreement does not involve the
delivery of a specific end product other than reports that are merely incidental to the
performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor
represents and agrees that:
A. As of the date of this Agreement:
Standard Professional Services Agreement- rev09/01/06 14
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th
Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the “Basic Pilot Program”) in order to verify that
Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to
perform works under this Agreement or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this
Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre-employment screening of job applicants while this Agreement is
being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting
with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor
does not cease employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal
alien.
F. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the “Department”) made in the course
of an investigation that the Department undertakes or is undertaking pursuant
to the authority established in Subsection 8-17.5-102 (5), C.R.S.
G. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Contractor shall be liable for
Standard Professional Services Agreement- rev09/01/06 15
actual and consequential damages to the City arising out of Contractor’s
violation of Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates
this provision of this Agreement and the City terminates the Agreement for
such breach.
17. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit "", consisting of ()
pages, attached hereto and incorporated herein by this reference.
Standard Professional Services Agreement- rev09/01/06 16
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
DATE: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name] or
Doing business as [insert name of business]
By: __________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary
Standard Professional Services Agreement- rev09/01/06 17
[Optional]
EXHIBIT “”
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Contractor hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Contractor has agreed to perform, the Contractor hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Contractor
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City , or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City) . The Contractor shall not disclose any such information to any person not having a
legitimate need-to-know for purposes authorized by the City. Further, the Contractor shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Contractor ceases to perform services for the City, or the City so requests
for any reason, the Contractor shall promptly return to the City any and all information described
hereinabove, including all copies, notes and/or summaries (handwritten or mechanically
produced) thereof, in its possession or control or as to which it otherwise has access.
The Contractor understands and agrees that the City’s remedies at law for a breach of the
Contractor’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.