HomeMy WebLinkAboutRFP - 7174 CONSULTING ENGINEERING AND PLANNING SERVICES WATER RIGHTS ENGINEERINGFinancial 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 Proposals
Fort Collins Utilities
Consulting Engineering and Planning Services
Water Rights Engineering
RFP 7174
PROPOSAL DUE DATE: 3:00 p.m. (our clock) September 20, 2010
REQUEST FOR PROPOSAL
7174 Consulting Engineering and Planning Services
Water Rights Engineering
The City of Fort Collins is soliciting proposals from qualified consultants to perform the
engineering necessary to support a change of use of water rights application to be filed by the
City to convert 26.667 shares of the Water Supply and Storage Company for municipal uses.
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 20, 2010. Proposal No. 7174. 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 Project Manager Susan
Smolnik, (970) 224-6156 or ssmolnik@fcgov.com
.
Questions regarding bid submittal or process should be directed to Opal Dick, CPPO, Senior
Buyer, (970)221-6778 or odick@fcgov.com.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcgov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked ‘Proprietary’ in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
service pricing. Summary price information may not be designated as proprietary as such
information may be carried forward into other public documents. All provisions of any contract
resulting from this request for proposal will be public information.
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.
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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
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Request for Proposals
for
Consulting Engineering and Planning Services
Water Rights Engineering
RFP 7174
I. Purpose
A. Engineering for Water Rights Change of Use Case
The City of Fort Collins is soliciting proposals from qualified consultants to perform the
engineering necessary to support a change of use of water rights application to be filed
by the City to convert 26.667 shares of the Water Supply and Storage Company for
municipal uses. Tasks related to this objective are (1) reviewing existing decrees,
engineering reports and water right filings on shares associated with the system where
the water rights to be changed originate, (2) preparing the engineering report and other
technical documents to support the change of use case, and (3) meeting with objectors
in the City’s water rights application case and meeting with applicants in cases where
the City is an objector.
B. Future Related Tasks
Future engineering and planning contracts related to water rights change of use cases
either those filed by the City or those filed by others may be awarded. Future projects
will generally be managed by the City of Fort Collins Utilities and may involve a
cooperative effort between other City Departments. The contract generated from this
Request for Proposal may be renewed annually for up to five years. The intent of the
City of Fort Collins Utilities is to award a contract to a consultant that is qualified to
perform future Engineering and Planning Services as described below.
The selected consultant may be retained by the City of Fort Collins Utilities annually to
provide additional water rights engineering-related work including groundwater studies,
augmentation plans, water rights applications reviews and performing other technical
tasks. Work will be on an as needed basis with the scope of work to be defined and a
contract negotiated.
C. Sustainability
The selected consultant will be familiar with sustainable practices for water utilities and
be able to demonstrate its sensitivity to such practices. The consultant will be capable of
applying the “Triple Bottom Line (TBL)” concept to its work when appropriate. The TBL
concept takes into consideration the social, economic, and environmental aspects of any
Utilities’ policy, project, procedure, or purchase.
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II. Scope of Services
A. General Description of Tasks for Water Rights Engineering
. The key tasks associated with the water rights engineering should include the following
general tasks:
1. The review of similar change case engineering reports and decrees that
applicable to the City’s changed shares
2. The collection, analysis and incorporation of data on historic and current
irrigation diversions used to establish volumetric limits and yields on City-
owned shares to be changed
3. The collection, analysis and incorporation of data on historic and current
irrigation practices used to calculate consumptive use and return flow
patterns
4. The collection, analysis and incorporation of data on the City’s potential
lawn irrigation return flow credits
5. An evaluation of the impacts to other Poudre basin water rights
associated with the change of use of the City’s water rights
6. The preparation of engineering reports and technical memos used to
support the change of use water rights application
7. The development of accounting procedures and forms for the changed
water rights
8. Providing support to the activities of the City’s special legal counsel
9. The presentation of data, studies and other information to the objectors
and others, including water court expert testimony if necessary
The proposal should address how each of the tasks listed above will be accomplished by
providing adequate detail of the general methodology and approach used for each.
B. Water Rights Engineering Schedule
The water rights application for a change of use should be filed within about six months
from the time a consultant is selected. Additional analyses, responses to objectors and
negotiations will follow as needed leading to a final decree from the water court.
III. Instructions to Consultants
A. Submittal Requirements
Qualified consultants interested in performing the work described in this request for
proposals should submit the following information to the City.
1. Qualifications of your firm and staff proposed to perform the work on this
project. This should include resumes of staff and any recommendation or
commendation letters received for past projects.
2. A list of similar projects completed in the last five years. A history of
project work within the Poudre basin is desirable.
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3. Provide a scope of work and cost estimate for the water rights
engineering. Include a cost break down of hourly rates and number of
hours assigned for each task of work for all personnel and sub
consultants. Final scope of work and cost to be negotiated after the
selection is completed.
4. References from at least three other projects with similar requirements
that have been completed within the past five years and that have
involved the staff proposed to work on this project.
5. Detail any experience your proposed team has with the City of Fort
Collins’ on any engineering or planning studies.
6. Limit the total length of your proposal to a maximum of 40 pages
(excluding covers and dividers). The Director of Purchasing and Risk
Management may reject proposals received that are longer than 40
pages in length.
7. Submit a total of five (5) copies of your proposal.
8. Proposals must be received no later than 3:00 pm (our clock),
September 20, 2010 to:
City of Fort Collins – Purchasing and Risk Management Division
215 North Mason Street
P.O. Box 580
Fort Collins, CO 80522
B. Contacts
Questions related to procedures should be directed to:
Opal Dick, CPPO – Senior Buyer
City of Fort Collins Utilities
700 Wood Street
P.O. Box 580
Fort Collins, CO 80522
(970) 221-6778
You are encouraged to contact the project manager with any questions related to the
scope of work or project in general.
MAIN CONTACT:
Susan Smolnik – Project Manager
City of Fort Collins Utilities
700 Wood Street
P.O. Box 580
Fort Collins, CO 80522
970-224-6156
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IV. Terms and Conditions
The payment for services, as described under the Scope of Services, shall be based
upon hourly rates as outlined in the submitted cost schedule/estimate. Any changes in
scope to the original contract will be treated as a negotiated change order to the
contract.
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VII. 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 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 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? Is the project team available to attend
meetings as required by the Scope of Work?
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 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? Does
the firm have a history of working on projects
within the Poudre basin
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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 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?
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PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
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 any project Work Orders for RFP 7174 Consulting Engineering and Planning Services
Water Rights Engineering issued by the City. A blank sample of a work order is attached hereto
as Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. No Work
Order shall exceed $ . The City reserves the right to independently bid any project rather
than issuing a Work Order to the Professional for the same pursuant to this Agreement.
2. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time
is of the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. This Agreement shall commence upon the date of execution
shown on the signature page of this Agreement and shall continue in full force and effect for one
(1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the
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Agreement may be extended for an additional period of one (1) year at the rates provided with
written notice to the professional mailed no later than ninety (90) days prior to contract end.
4. Contract Period. [Option 1] This Agreement shall commence , 20 ,
and shall continue in full force and effect until , 20 , 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 ( ) 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.
5. Early Termination by City/Notice. 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 address:
Professional:
City
With copy to
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.
6. Design, Project Insurance 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,
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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
negligent 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 .
7. Compensation. In consideration of services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of ( ) page(s), attached hereto and incorporated
herein by this reference. At the election of the City, each Work Order may contain a maximum
fee, which shall be negotiated by the parties hereto for each such Work Order. 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 to the Work Order and upon
approval of the Professional's direct reimbursable expenses. 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.
8. 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.
9. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
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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.
10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on
any Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work Order,
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.
11. 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.
12. 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.
13. 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.
14. 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.
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15. 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.
16. 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.
17. 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.
18. 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
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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.
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19. Red Flags Rules. Service Provider must implement reasonable policies and
procedures to detect, prevent and mitigate the risk of identity theft in compliance with the
Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further,
Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or
more of the City’s covered accounts.
20. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit “ “ - Confidentiality, consisting of
one (1) page, attached hereto and incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
Date: ______________________________
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name]
Doing business as ____ [insert name of business]
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By: _________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
________________________________________________________________________________
Scope of Services:
________________________________________________________________________________
___________________________________________
User Acceptance
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional Services
Agreement between the parties. In the event of a
conflict between or ambiguity in the terms of the
Professional Services Agreement and this work
order (including the attached forms) the
Professional Services Agreement shall control.
The attached forms consisting of Exhibits _, _, _,
consisting of ___ (_) pages are hereby accepted
and incorporated herein, by this reference, and
Notice to Proceed is hereby given.
Professional:
By: __________________________________
Date: ________________________________
City of Fort Collins
Submitted By: _________________________
Project Manager
Date: _________________________
Reviewed by: _________________________
Senior Utility Engineer
Date: _________________________
Approved by: _________________________
Water Engineering & Field
Services Operations Manager
Date: ________________________
Approved by: _________________________
Utilities General Manager
(over $1,000,000)
Date: ________________________
Approved by: _________________________
Director of Purchasing & Risk Management
(if over $60,000.)
Date: _______________________
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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.
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