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HomeMy WebLinkAboutRFP - 7008 EXECUTIVE SEARCH LIBRARY DISTRICTFinancial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing REQUEST FOR PROPOSAL 7008 Executive Search Services – Library Executive Director The City of Fort Collins on behalf of the Poudre River Public Library District (pop 160,000) f.k.a the Fort Collins Regional Library District is seeking proposals from library consulting firms who provide executive search services to aid in hiring an Executive Director 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), January 28, 2009. Proposal # 7008. 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 either Shelly Kalkowski at (970) 377-1193 or Robin Gard (970) 204-4927. Questions regarding proposals submittal or process should be directed to James B. O’Neill II, CPPO, FNIGP (970) 221-6775. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the Purchasing Webpage www.fcgov.com/purchasing or Library District webpage. 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the request for proposal. 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. 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 7008 Executive Search Services – Library Executive Director SCOPE OF SERVICES The City of Fort Collins on behalf of the Poudre River Public Library District (pop 160,000) f.k.a the Fort Collins Regional Library District is seeking proposals from library consulting firms who provide executive search services to aid in hiring an Executive Director. A search committee, appointed by the District’s Board of Trustees, will work closely with the successful search firm throughout the search and selection process. The Executive Director will report to the District’s Board of Trustees and oversee operations of the Library District’s multi-facility library system. The Library District encompasses 1,780 square miles within northern Larimer County, Colorado, operates 3 libraries including a branch library scheduled to open in March 2009, and has approximately 150 employees. Services required will include the following: 1. Work closely with the District Board of Trustees on the position profile for the Executive Director. 2. Coordinate recruiting efforts for the position, including advertising and personal recruitment of candidates. 3. Review and screen applications. 4. Conduct preliminary interviews on selected candidates in conjunction with the Search Committee. 5. Perform reference checks and provide a short list of approximately 5-7 candidates as soon as practical, but no later than May 2009. . PROPOSALS Proposals should address the following questions: 1. What process do you recommend be used in conducting this type of search? a. What are the key steps? b. Provide a proposed timeline for the process. 2. Provide a breakdown of estimated costs and fees for tasks 1-5 above. a. How are expenses of the search included in your proposal? b. What expenses will be charged to the District separate from any basic fee? c. Is there a maximum cost? 3. Who will be the primary contact for this search? a. Secondary contacts? b. What are the qualifications and backgrounds of each of these individuals? 4. Describe the experience of the primary contact person in the recruitment. a. How many searches has this individual conducted for Library Executive Director positions? b. List representative Libraries for which this service has been provided. 5. In what ways have members of your firm developed personal contacts with potential candidates for this type of position? 6. What procedures do you use in assessing your client organization's needs and values? How do you use this information in selecting candidates who meet those needs and share those values? 7. What procedures does your firm utilize in investigating the background of candidates including references, education and work history? 8. How many other executive searches is the primary contact currently involved in? How will you ensure that the District receives prompt and timely attention throughout this process? 9. Explain how you will target specific regions, vs. doing a "wide and shallow" search. How can the search be focused to ensure a candidate who will be compatible with the needs of this District and the Rocky Mountain region? 10. Explain any guarantees of services provided and related time periods. Specific experience with recruitment in the field of library executive directors is required. Please provide at least ten references from past public agency clients. The City and the District reserve the right to contract with the selected firm for future executive searches as they deem necessary. A review board will rank interested firms based on their written proposals, using the ranking system set forth in the City's procedures for acquisition of professional services. A copy of the rating criteria used is attached. The three highest ranked firms may be requested. EXECUTIVE DIRECTOR POSITION DESCRIPTION: * SUMMARY Reports to and works under the direction of the Library District Board of Trustees to support the mission and policies of the Library District Oversees operations of the Library District’s multi-facility library system. ESSENTIAL DUTIES AND RESPONSIBILITIES The following duties and responsibilities are illustrative of the primary functions of this position and are not intended to be all inclusive.  Directs the activities of the public library system to provide on-going library services and other information programs which are responsive to customer needs.  Prepare the agenda for each Board meeting, present monthly performance metrics and a financial report of library activities to the Board and submit an annual report to the State Library and appropriate local governments.  Assist the Board in developing policies for all aspects of the District's operations to ensure exemplary service to the public; implement policies adopted by the Board.  Define Standards of Excellence for all library operations.  Evaluate the effectiveness of library services and conduct a critical review of internal library operations (acquisitions, circulation, children's, etc.)  Formulate and administer an annual budget, implement investment strategies, and be accountable to the taxpayers through regular reports to the Board and the public.  Grow and make easily accessible a first-class collection of print and non-print media that encompasses the ethnic, cultural and age diversity of the communities served by the District and that represents a wide variety of viewpoints.  Maintain attractive, safe, comfortable and convenient buildings to serve the public.  Provide up-to-date technical software, equipment, training and support for the public and the staff.  Identify and implement data-driven efficiencies to continuously improve the cost effective delivery of library services and programming.  Lead a District-wide planning process to establish the mission, goals and objectives of the District.  Investigate new trends and specific library programs that the district might adopt.  Facilitate testing of new techniques, materials, and equipment to improve the operation of the library.  Be a public presence of the District, inspiring community support through active leadership involvement in community organizations and activities.  Learn the service needs of the public, and provide frequent and on-going information to the public regarding District services and operation.  Partner with and support other community service programs supporting literacy and open access to information.  Engage the District in cooperative activities with other libraries, and participate in activities of the State Library.  Inform the Board of opportunities to actively engage in advocacy for libraries at all levels of government -- local, county, state and federal.  Ensure the ongoing professional growth and development of the library staff. SUPERVISORY RESPONSIBILITIES This position is responsible for the supervision of Library employees. Carries out supervisory responsibilities in accordance with the organization's policies and applicable laws. Responsibilities include interviewing, hiring, and training employees; planning, assigning, and directing work; appraising performance; rewarding and disciplining employees; addressing complaints and resolving problems. QUALIFICATIONS The requirements listed below are representative of the knowledge, skills and abilities required to perform the necessary functions of this position. KNOWLEDGE, SKILLS, AND ABILITIES  Demonstrated knowledge of professional techniques, principles, methods, materials and practices used in the operation of a public library.  Ability to use word processing and spreadsheet software .  Demonstrated knowledge of the budgeting process.  Problem solving skills.  Excellent written and oral communication skills.  Excellent interpersonal skills.  Ability to interact effectively with the Board of Trustees, community organizations, other governmental entities, Library staff and the general public. EDUCATION and EXPERIENCE Master's degree in Library and Information Services from an ALA accredited university; five to seven years progressively responsible management experience in a public library environment. LANGUAGE SKILLS Ability to read, analyze, and interpret technical journals, financial reports, and legal documents. Ability to respond to common inquiries or complaints from customers, regulatory agencies, or members of the business community. Ability to write speeches and articles for publication that conform to prescribed style and format. Ability to effectively present information to top management, public groups, and/or boards of directors. REASONING ABILITY Ability to define problems, collect data, establish facts, and draw valid conclusions. Ability to interpret an extensive variety of technical instructions in mathematical or diagram form. CERTIFICATES, LICENSES, REGISTRATIONS Valid driver's license. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; and talk or hear. The employee frequently is required to walk. The employee is occasionally required to stand; and reach with hands and arms. The employee must occasionally lift and/or move up to 25 pounds. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Normal office environment. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. *It is possible that the District will modify the Executive Director job description as part of finalizing the position profile with the selected search firm. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and any interview session. It is the intent of the District to select from the written proposals. 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 an 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? Are other qualified personnel available to assist in meeting the project schedule if required? 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 Search Committee's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 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? Reference evaluation (Top Ranked Firm) Library District staff 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 completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? 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, acting on behalf of the Poudre River Public Library District (”District”), 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 () page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence 200 and shall continue in full force and effect until 200, 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 Professional 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 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: Fort Collins Regional Library District Attn: 201 Peterson Street Fort Collins, CO 80524 Seter & Vander Wall, P.C. 7400 E. Orchard Rd., Suite 3300 Greenwood Village, CO 80111 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, the District, their 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 negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance and name the District as an additional insured in the amounts of $500,000 combined single limits and errors and omissions insurance in the amount of $ , in accordance with the attached Insurance Requirements. 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 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, a City or District 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 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 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 Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify 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 “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional 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 Professional 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. e. Professional 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. f. If Professional 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, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. 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. 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 POUDRE RIVER PUBLIC LIBRARY DISTRICT By: _________________________________ Print Name: ___________________________ Title: _________________________________ Date: _________________________________ [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 EXHIBIT ““ INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. [Optional] EXHIBT “” 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.