HomeMy WebLinkAboutRFP - 8007 PRINTING & DISTRIBUTION SERVICES - CATALOG8007 Printing and Distribution Services – Catalog Page 1 of 14
REQUEST FOR PROPOSAL
8007 Printing and Distribution Services - Catalog
The City of Fort Collins is seeking proposals from qualified Service Providers to produce and distribute
the Recreation Department’s quarterly catalog of programs and activities, entitled the “Recreator”.
Please provide proposals per the Scope of Services specifications incorporated in this Request for
Proposal (RFP).
Proposals submission via email is preferred. Proposals shall be submitted in Microsoft Word or
PDF format and e-mailed to: purchasing@fcgov.com. If electing to submit hard copy proposals
instead, 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), October 24, 2014 and referenced as Proposal No. 8007. 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 or national
origin.
Questions concerning the scope of the project should be directed to Project Managers John Litel,
Recreation Department Public Relations Coordinator, (970) 221-6875, email: jlitel@fcgov.com and Jill
Mueggenberg, (970) 221-6358, email: jmueggenberg@fcgov.com
Questions regarding proposals submittal or process should be directed to Jill Wilson, Buyer, at 970-
221-6216, email: jwilson@fcgov.com.
The deadline for submitting questions is on October 13, 2014. Please submit your questions via
email to the Project Manager, John Litel and Jill Mueggenberg, with a copy to Jill Wilson.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the Rocky Mountain E-Purchasing System Webpage,
www.rockymountainbidsystem.com
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
8007 Printing and Distribution Services – Catalog Page 2 of 14
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,
Gerry S. Paul
Director of Purchasing & Risk Management
8007 Printing and Distribution Services – Catalog Page 3 of 14
8007 Printing and Distribution Services - Catalog
Scope of Services
I. Introduction:
The City of Fort Collins (City) is seeking proposals from qualified Service Providers to produce
and distribute the Recreation Department’s quarterly catalog of programs and activities, entitled
the “Recreator”.
The Recreation Department will provide the content. Selected Service Provider(s) will print up
to 35,000 copies per issue and may at the City’s option provide the direct mail services of up to
15,000 copies via delivery to the Fort Collins Post Office and approximately 10,000 to 20,000
copies to the City’s Recreation office.
II. Specifications:
Proposals should address each Option as a potential stand-alone project and provide PER
ISSUE cost estimates. Include price, shipping/freight charges (if applicable), delivery method
and qualification information per the below referenced Specifications for each Option.
Option 1: Quarterly Printing (4 issues per year)
Stock: Body - 40# 80brite text 4/4 with bleed.
Cover - 80# gloss text 4/4 with bleed.
Quantity Options: 1A) 25,000 each publication issue (four times per year).
(Quote 1A & 1B) 1B) 35,000 each publication issue (four times per year).
Size: 8.25” x 10.25” minimum size (other relatively close dimensions considered).
Pages: 124 (4- Cover, 120- Body).
Color: Body - 4/4 with bleed.
Cover - 80# gloss text 4/4 with bleed.
Bindery: Saddlestitch or Staple.
Varnish: N/A
Deadline: 2 weeks after submission of final artwork.
Other: Files provided in PDF format to Service Provider. Summer 2014 sample available
upon request. Please call or email John Litel or Jill Mueggenberg to request a
sample.
Option 2: Quarterly Printing (4 issues per year)
Same specifications as above except:
Stock: Body - 40# 80brite text 4/4 with bleed.
Cover - 80# gloss text 4/4 with bleed.
Single Insert - 60# gloss text 4/4 with bleed.
Pages: 132 (4-Cover, 120- Body, 8- Insert).
Color: Body - 4/4 with bleed.
Cover - 80# gloss text 4/4 with bleed.
Insert - 60# gloss text, single insert 4/4 with bleed.
Other: Files provided in PDF format to Service Provider. Fall 2014 sample available upon
request. Please call or email John Litel or Jill Mueggenberg to request a sample.
8007 Printing and Distribution Services – Catalog Page 4 of 14
Option 3: Mailing and Distribution Services (4 times per year)
- 15,000 copies direct mailed to residential and/or other locations through delivery to the Fort
Collins Post Office (bulk mail unit).
- Balance of approximately 10,000 to 20,000 copies delivered to the City of Fort Collins
Recreation office.
- The Recreation Department will provide all mailing address information.
- The Recreation Department will pay postage costs for direct mailing.
III. Proposal Instructions:
Proposals shall be limited to five (5) pages. The City reserves the right to reject any proposal
exceeding five pages.
Proposals must address each of the evaluation criteria per section “V. Review and Assessment”
and clearly indicate the name and address of the responding organization, as well as the name
and contact information of the primary contact. Proposals must also include the contact names
for the local Service Representative and the Account Manager with whom the City can call
directly.
The City assumes no responsibility for liability for any costs firms may incur in responding to this
RFP; including attending meetings, site visits and/or negotiations.
The City reserves the right to award multiple Agreements.
Awarded Service Provider(s) must sign a Service Agreement and provide proof of insurance per
attached Exhibit A, consisting of eight (8) pages and incorporated herein by this reference.
Deviations from Option Specifications:
It is intended that the Service Provider shall conform to the Option Specifications as much as
possible. Any deviations from the RFP Option Specifications must be clearly identified and
explained separately in the proposal.
The City retains the right to directly negotiate the finer points of the proposal that comply in spirit
with this RFP and that satisfy the City’s objectives for this RFP. The RFP may be amended or
revoked at any time prior to final execution of an Agreement with the City.
IV. Timetable:
The following is a proposed timetable developed for this project. Firms will be notified of any
significant changes which might occur:
Item: Date:
Questions due to the City October 13, 2014
Written proposals due to the City October 24, 2014, 3:00 P.M. (our clock)
Finalist Service Providers notified Week of November 3rd, 2014
Finalists interviews (if required) Week of November 10th, 2014
Contract negotiations (completed) Week of November 24th, 2014
First Issue Release Spring 2015 (files delivered by 1/16/15)
8007 Printing and Distribution Services – Catalog Page 5 of 14
V. Review and Assessment:
Firms will be evaluated on the following criteria. These criteria will be the basis for review of the
written proposals and interview session. The City may, at its option, choose the highest ranked
firm based on the written proposals or select up to three of the top rated firms for oral interviews.
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 Services?
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? 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 required
to complete the project? Has the firm done
previous projects of this type and scope?
8007 Printing and Distribution Services – Catalog Page 6 of 14
VI. 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 firm again? Did they show
the skills required for this project?
Timetable
Was the original Scope of Services completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the firm responsive to client needs; did
the firm anticipate problems? Were problems
solved quickly and effectively?
Budget
Was the original Scope of Services completed
within the project budget?
Job Knowledge
Did firm meet the Scope of Services?
Was the project properly completed?
Were problems corrected quickly and
effectively?
8007 Printing and Distribution Services – Catalog Page 7 of 14
EXHIBIT A
SAMPLE SERVICES AGREEMENT
(For informational purposes, do not fill in or submit with proposal)
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 "Service Provider".
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 Service Provider agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of ( )
page and incorporated herein by this reference. Irrespective of references in Exhibit
A to certain named third parties, Service Provider shall be solely responsible for
performance of all duties hereunder.
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
" ", consisting of ( ) page , and incorporated herein by this
reference.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within ( ) days following
execution of this Agreement. Services shall be completed no later than . Time is of
the essence. Any extensions of the time limit set forth above must be agreed upon in a
writing signed by the parties.
4. Contract Period. [Option 1] 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 Agreement may be extended for an additional period of one (1) year at the
rates provided with written notice to the Service Provider mailed no later than ninety (90)
days prior to contract end.
5. Contract Period. [Option 2] 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 ( ) additional one year periods.
Written notice of renewal shall be provided to the Service Provider and mailed no later
than ninety (90) days prior to contract end.
6. Delay. If either party is prevented in whole or in part from performing its obligations by
unforeseeable causes beyond its reasonable control and without its fault or negligence,
then the party so prevented shall be excused from whatever performance is prevented by
such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days
8007 Printing and Distribution Services – Catalog Page 8 of 14
from the onset of such condition.
7. 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 Service Provider. 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:
Service Provider: City: Copy to:
Attn:
City of Fort Collins
Attn:
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the
Service Provider's obligations under this Agreement. Such payment shall be the Service
Provider's sole right and remedy for such termination.
8. Contract Sum. The City shall pay the Service Provider for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit
" ", consisting of ( ) page , and incorporated herein by this
reference. Service Provider shall submit invoices to the City monthly. Payment will be
made for all undisputed charges via Automatic Clearing House (“ACH”) direct account-to-
account electronic deposit within thirty (30) days of receipt of an invoice. The Service
Provider herein agrees to execute the applicable direct deposit authorization form.
9. City Representative. The City will designate, prior to commencement of the work, its
representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the services provided under this Agreement. All
requests concerning this Agreement shall be directed to the City Representative.
10. Independent Service Provider. The services to be performed by Service Provider are
those of an independent service provider and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other
taxes or benefits or for any other purpose.
11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the
Exhibit A, Statement of Work without the prior written consent of the city, which shall not
be unreasonably withheld. If any of the Work is subcontracted hereunder (with the
consent of the City), then the following provisions shall apply: (a) the subcontractor must
be a reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
8007 Printing and Distribution Services – Catalog Page 9 of 14
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Service Provider.
12. Personal Services. It is understood that the City enters into the Agreement based on the
special abilities of the Service Provider and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Service Provider shall neither assign
any responsibilities nor delegate any duties arising under the Agreement without the prior
written consent of the City.
13. Acceptance Not Waiver. 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 or cause of action arising out of performance of this
Agreement.
14. Warranty.
a. Service Provider warrants that all work performed hereunder shall be performed with
the highest degree of competence and care in accordance with accepted standards for
work of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to
City.
c. Service Provider warrants all equipment, materials, labor and other work, provided
under this Agreement, except City-furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship
for a period beginning with the start of the work and ending twelve (12) months from
and after final acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors of any tier.
Upon receipt of written notice from City of any such defect or nonconformances, the
affected item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
15. 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 thereof.
16. 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.
17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
8007 Printing and Distribution Services – Catalog Page 10 of 14
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.
18. Indemnity/Insurance.
a. The Service Provider agrees to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an
additional insured under this Agreement of the type and with the limits specified within
Exhibit , consisting of one (1) page, attached hereto and incorporated herein by
this reference. The Service Provider before commencing services hereunder, shall
deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580 Fort
Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage
required from an insurance company acceptable to the City.
19. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
20. 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.
21. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et.
seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement; and
2. Service Provider 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.
8007 Printing and Distribution Services – Catalog Page 11 of 14
b. Service Provider 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. Service Provider 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 Service Provider obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider 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 Service Provider 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. Service Provider 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 Service Provider 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, Service Provider shall be liable for actual and
consequential damages to the City arising out of Service Provider’s violation of
Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
22. 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.
8007 Printing and Distribution Services – Catalog Page 12 of 14
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:_______________________________
Gerry Paul
Director of Purchasing and Risk Management
Date:_____________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By:_______________________________
__________________________________
PRINT NAME
__________________________________
TITLE
Date:_____________________________
8007 Printing and Distribution Services – Catalog Page 13 of 14
EXHIBIT
INSURANCE REQUIREMENTS
1. The Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insureds on the Service Provider'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 Service Provider shall
maintain during the life of this Agreement for all of the Service Provider'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 Service Provider 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 $1,000,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider 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.
8007 Printing and Distribution Services – Catalog Page 14 of 14
EXHIBIT
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Service Provider 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 Service Provider has agreed to perform, the Service Provider
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 Service
Provider 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 Service Provider shall not disclose any such information to any
person not having a legitimate need-to-know for purposes authorized by the City. Further, the
Service Provider 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 Service Provider 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 Service Provider 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 Service Provider ceases to perform services for the City, or the City so
requests for any reason, the Service Provider 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 Service Provider understands and agrees that the City’s remedies at law for a breach of the
Service Provider’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.