HomeMy WebLinkAboutRFP - 7466 CABLE TV FRANCHISE RENEWAL CONSULTING SERVICESRFP 7466 Cable TV Franchise Renewal Consulting Services Page 1 of 18
REQUEST FOR PROPOSAL
7466 CABLE TV FRANCHISE RENEWAL CONSULTING SERVICES
The City of Fort Collins is requesting proposals from qualified firms for consulting
services and a series of reviews related to the City’s Cable TV franchise renewal. The
renewal process will include a financial audit, technical analysis, needs assessment,
and it will conclude with negotiations with Comcast for a new franchise agreement.
Proposals may be submitted by E-mail in Microsoft Word or PDF format. E-mail
submittals shall be e-mailed to: purchasing@fcgov.com. If submitting hard copy
proposals, five (5) copies, 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), February 8, 2013 and referenced as
Proposal No. 7466. 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.
The City encourages all disadvantaged business enterprises to submit proposals in
response to all requests for proposals and will not be discriminated against on the
grounds of race, color, national origin for all proposals for negotiated agreements.
Questions concerning the scope of the project should be directed to Project Manager,
Kim Newcomer at (970) 221-6207 or knewcomer@fcgov.com.
Questions regarding bid submittal or process should be directed to
Ed Bonnette, CPPB, CPM, Buyer, at (970) 416-2247 or ebonnette@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
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.
Financial 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
RFP 7466 Cable TV Franchise Renewal Consulting Services Page 2 of 18
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
RFP 7466 Cable TV Franchise Renewal Consulting Services Page 3 of 18
REQUEST FOR PROPOSAL
7466 CABLE TV FRANCHISE RENEWAL CONSULTING SERVICES
Section 1.0: Proposal Requirements
1.1 General Description
The City of Fort Collins is soliciting proposals for consulting services and a series
of reviews related to the City’s Cable TV franchise renewal. The renewal process
will include a financial audit, technical analysis, needs assessment, and it will
conclude with negotiations with Comcast for a new franchise agreement.
1.2 Proposal Submittal
The City of Fort Collins shall not reimburse any firm for costs incurred in the
preparation and presentation of their proposal.
Firms submitting proposals shall submit five (5) copies of the proposal with the
following information:
a. Company history and experience in consulting services for Cable TV
franchise renewal, as described in the scope of work.
b. The name and résumé of the company’s representative(s) — both primary
and backup — who would be responsible for coordinating with the City on
all aspects of the requested services.
c. References from five or more organizations whom have used your
company for similar products and services within the last two years.
d. A written description of the proposed products and services as required
below.
e. Pricing, as requested; to include a Schedule of Rates and Cost by Task.
f. Availability: Describe the availability of project personnel to participate in
this project in the context of the consultant firm’s other commitments.
The proposal must be signed by a duly authorized representative of the firm
submitting the proposal. The signature shall include the title of the individual
signing the proposal.
Section 2.0: Background
The City of Fort Collins is a community of approximately 140,000 residents. The existing
Franchise, with Comcast, expires March 16, 2015. This franchise was originally
negotiated with the World Company, dba Columbine Cablevision. The system was sold
to TCI in 1996 and to AT&T Broadband in 1999. The merger of AT&T Broadband and
ComCast Cable in 2003 was the final transfer of ownership. The non-exclusive cable
franchise agreement went into effect on March 17, 2006. Last year, the City of Fort
Collins received a request for renewal from AT&T/Comcast using the informal renewal
process allowed for under the 1992 Cable Act.
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City ordinances governing the Cable Franchise can be viewed by going to the City
website: www.fcgov.com. Click on Public Records at the top. Click on either City
Charter or Municipal Code. Click on CHARTER; go to ARTICLE XI. FRANCHISES AND
PUBLIC UTILITIES; or Click on CHAPTER 6 CABLE COMMUNICATIONS.
Section 3.0: Scope of Work
The City is seeking professional consultation services in the renewal of its cable TV
franchise agreement. The City Attorney’s Office and the Communications and Public
Involvement staff will work closely with the consultant to complete activities related to
the technical, financial and legal aspects of franchise renewal; as well as a review of
past performance and current community needs.
Joint proposals from consulting and technical firms are welcome. Professionals must
receive prior approval from the City for any subcontractors who will be working on this
project. The City will not unduly withhold approval.
The City Attorney’s office has retained outside counsel for assistance with legal review.
The following describes requirements and anticipated activities. Proposals may include
other activities the submitter deems important or necessary. Please include specific
details related to timelines and costs of services in the proposal.
Scope of Work Tasks #1 through #9
1 Review the City’s plan for the review process; work with staff to modify the
plan as appropriate.
2 Assist City staff with various review activities, including a community needs
assessment, customer satisfaction survey, and public meetings.
3 Prepare a written plan for the renewal process, accompanied by a timeline.
4 Review existing Cable TV franchise agreement and current agreements with
other communities and suggest additional elements that the City might wish
to consider including in any new franchise agreement.
5 Attend and/or assist with negotiations with the Comcast Cable TV Company
as requested by the City. Provide a technical review and engineering
expertise for an evaluation of infrastructure, signal quality, system integrity,
undergrounding, future capabilities, etc.
6 Engineering firms must be licensed in the state of Colorado.
7 Provide a financial audit including, but not limited to an evaluation of franchise
and PEG fees.
8 Provide guidance and assistance, as needed, regarding various regulatory
requirements at the Federal and state level.
9 Attend various meetings and events to discuss aspects of the proposed
franchise agreement with the City Staff, City Council work sessions, Council
hearings, necessary public meetings, etc.
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Section 4.0: Pricing and Invoicing
4.1 Pricing Submittal
In your written response to this proposal please provide pricing to cover the
following items:
Estimated hours, Hourly Rate, and Total Not to Exceed Cost to complete each
Scope of Work Task #1 through #9. Please include a list of names of the
individuals and firms that will be working on each Task, the Estimated Hours they
will be spending on each Task, and the Price per Hour for each. Please include
the Total Not to Exceed Cost for completion of each Task.
Please include any Pertinent Comments relevant to your cost to complete each
Task #1 through #9.
4.2 Billing:
The consultant will be paid on a cost reimbursement basis. Invoices will be
submitted monthly.
For each individual charging personnel time on an Invoice, the invoice must be
accompanied by documentation showing:
Staff person’s name
Staff person’s hourly rate
Total hours worked for that billing period
Total Hours worked on each Scope of Work Task # (1 through 9)
Bullet points of tasks accomplished for that Billing Period
Expenses for any travel and materials must be itemized. Copies of receipts must
be provided for any itemized expenses.
Section 5.0: Time Line
The current franchise expires March 16, 2015. The firm receiving the award is expected
to begin in February 2013 and finish before the expiration date of the current
agreement. Please include a Time Line in your Proposal, detailing expected completion
dates for Scope of Work Tasks #1 through #9; and for successful completion of the
Project.
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Section 6.0: Evaluation
6.1 Evaluation and Assessment of Proposal
An evaluation committee shall rank the interested firms based on their written
proposals using the ranking system set forth below. Firms shall be evaluated on
the following criteria.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 an average
rating, and 5 an outstanding rating. Recommended weighing factors for the
criteria are listed adjacent to the qualification.
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 work on the contract
have the necessary skills? Are sufficient
people of the requisite skills assigned to the
contract?
1.0
Availability Can the work be completed in the time frame
required? Can targeted start- and completion-
dates be met? Are other qualified personnel
available, if required, to assist in meeting the
project schedule? 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?
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6.2 Reference Evaluation (Top-ranked firms)
The Project Managers 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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Section 7.0: Proposal Acceptance
All proposals shall remain subject to initial acceptance 90 days after the day of
submittal. The selected vendor will be expected to sign the City’s Professional Services
Agreement without revision. (See sample attached).
I have read and understand the specifications and requirements for this bid and I agree
to comply with such specifications and requirements. I further agree that the method of
award is acceptable to my company. I also agree to complete PROFESSIONAL
SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award.
If contract is not completed and signed within 30 days, City reserves the right to cancel
and award to the next highest rated firm.
FIRM NAME:
ADDRESS:
EMAIL ADDRESS: PHONE:
BIDDER’S NAME:
SIGNATURE:
PRIMARY SERVICES ISSUES CONTACT:
TELEPHONE: FAX:
EMAIL:
CELL: EMERGENCY:
BACKUP:
PLEASE GO TO www.fcgov.com/purchasing TO REGISTER IN OUR E-PROCUREMENT
SYSTEM FOR FUTURE BID OPPORTUNITIES! BE SURE TO SELECT ALL APPROPRIATE
COMMODITY CODES.
COMMODITY CODES USED FOR THIS RFP:
918-95 Telecommunications Consulting
918-90 Strategic Technology Planning and Consulting Services
918-32 Consulting Services (Not Otherwise Classified)
915-79 Telecommunication Services (Not Otherwise Classified)
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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 , 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 , 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
RFP 7466 Cable TV Franchise Renewal Consulting Services Page 10 of 18
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:
Attn:
City:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
With Copy to:
City of Fort Collins
Attn: Purchasing Dept.
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
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 $ .
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
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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 Clause 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.
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.
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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
City in an 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
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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:
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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
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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.
19. 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.
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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
By: __________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary
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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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