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HomeMy WebLinkAboutRFP - 8099 COMMUNITY ORIENTATION / TRANSITION SERVICESRFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 1 of 15 REQUEST FOR PROPOSAL 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES The City of Fort Collins (City) is requesting proposals from qualified firms to provide Community Orientation/Transition Services for prospective employees. The City’s intent is to connect candidates and new employees with a firm that can offer resources and access to information about advantages to living in Fort Collins in order to facilitate a candidate’s decision to accept employment with the City. This is to be a Zero-Cost Contract with the City. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB 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 must be received before 3:00 p.m. (our clock), April 20, 2015 and referenced as Proposal No. 8099. 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. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. Questions concerning the scope of the RFP should be directed to the Project Manager, Lori Greening at (970) 221-6814 or lgreening@fcgov.com. Questions regarding RFP submittal or process should be directed to Jill Wilson, Buyer at (970) 221-6216 or jwilson@fcgov.com. All questions must be submitted in writing via email to Lori Greening, with a copy to Jill Wilson, no later than 5:00 PM our clock on April 10, 2015. Questions received after this deadline will not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. A copy of the RFP may be obtained at 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. 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- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 2 of 15 New Vendors: The City requires new vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. 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. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Sustainability: Consulting firms/teams participating in the proposal are to provide an overview of the organization’s philosophy and approach to Sustainability. In no more than two (2) pages please describe how your organization strives to be sustainable in the use of materials, equipment, vehicles, fuel, recycling, office practices, etc. The City of Fort Collins incorporates the Triple Bottom Line into our decision process by including economic (or financial), environmental, and social factors in our evaluation. The selected Service Provider shall be expected to sign the City’s standard Agreement without revision prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry S. Paul Director of Purchasing & Risk Management RFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 3 of 15 REQUEST FOR PROPOSAL 8099 COMMUNITY ORIENTATION & TRANSITION SERVICES I. BACKGROUND The City of Fort Collins (City) is requesting proposals from qualified firms to provide Community Orientation/Transition Services for prospective employees. The City’s intent is to connect candidates and new employees with a firm that can offer resources and access to information about advantages to living in Fort Collins in order to facilitate a candidate’s decision to accept employment with the City. The ability to attract key employees is increasingly challenging given the competitive nature of the job market. Fort Collins and the Northern Colorado region offer advantages that other communities do not (i.e. favorable climate, outstanding recreation and cultural opportunities, good schools, family-friendly neighborhoods, safe communities, etc.). The total number of employees hired in 2014 was seventy eight (78). As of February 2015, eleven (11) new employees have been hired. The City recruits and hires approximately eighty (80) new full-time employees annually. The City expects to enter into an Agreement with the awarded vendor. The anticipated terms and conditions of the Agreement are set forth in attached Exhibit “A”, consisting of eight (8) pages and incorporated herein by reference; however, the City may include additional terms and conditions in the Agreement as deemed necessary. This is to be a Zero-Cost Contract with the City. The City and the City’s candidates and employees utilizing the services are not to be invoiced for the cost of any services provided pursuant to this contract. The benefit for the selected firm is the potential to network and generate sales leads for prospective future residents. II. SCOPE OF SERVICES A. The City may require any or all of the following services: 1. Area Orientation: Tours of Fort Collins and surrounding areas of interest including neighborhoods, schools, cultural and recreational facilities. 2. Family Assistance: Customized guidance based on particular family needs such as schools (pre-school, elementary, middle, high school and continuing education); partner/spouse career opportunities; child resources, such as day care; and community and cultural events available to families. 3. Housing Assistance: Aid with housing needs (e.g., temporary or rental housing as well as home-finding assistance and/or facilitation of a home purchase). 4. Relocation Information: Customized community information packets highlighting candidate’s specific needs. May include resources to assist with moves across town or across the country. B. Each firm who proposes must meet the following qualifications: 1. The firm must have the demonstrated authorization to perform all specified services. The proposal must identify and describe the legal representation, advice, licenses, and other authorizations the firm has received to perform this type of work. The RFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 4 of 15 proposal must list individually any lawsuits or related claims that have been filed against the firm within the last five (5) years related to performing these services. The proposal must describe how the firm stays current with changing local, state, and federal laws and regulations related to these services, and how the firm ensures compliance. 2. The firm must have the necessary systems, software, support and procedures to provide the services required. The firm must identify the specific technology and processes used, and describe how that sets the firm apart from others in this field, including any special reporting capabilities. The proposal must also list all informational databases that are available to the firm. 3. The firm must be fully bonded. III. PROPOSAL REQUIREMENTS The following information must be included in the proposal. Required proposal documents must be arranged in the order listed below. The City reserves the right to refuse any proposal that does not include these requirements. 1. Company name and address, as well as the name and contact information of the primary contacts for both account management and service. 2. Company profile to include qualifications of key personnel, firm availability, service standards and experience providing the same type of service to similar organizations. The City prefers listed experience to be from municipal and/or public agencies. 3. Identify and describe the legal representation, advice, licenses, and other authorizations firm has received to perform this type of work. List, individually, any lawsuits or related claims that have been filed against the firm within the last five (5) years related to performing these services. Describe how firm stays current with changing local, state, and federal laws and regulations related to these services, and how firm insures compliance. 4. Identify systems, software, databases, support and procedures firm utilizes for the services required. Does firm use an on-line computer process for electronic access to reports with guaranteed security and confidentiality? The firm must identify the specific technology and processes used, and describe how that sets the firm apart from others in this field, including any special report capabilities. 5. Include a list of proposed services with detailed descriptions. 6. Acknowledge firm’s consent to adhere to the Scope of Services and sample Agreement (including Insurance Requirements included therein) outlined in this solicitation, unless otherwise noted in proposal. 7. List of three (3) references, with whom the Project Manager can contact, from organizations in which similar services have been provided by the proposing firm within the last two (2) years. Include the name and address of each referenced company, as well as the name, title, and phone number of the contact person. The City’s preference is that the references are from municipal and/or public agencies. RFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 5 of 15 IV. PROPOSAL GUIDELINES Proposals shall be limited to ten (10) pages. The City reserves the right to reject any proposal exceeding ten pages. 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 contract negotiations. All proposals shall remain subject to initial acceptance ninety (90) days after the day of submittal. It is intended that the firm shall conform to the Scope of Services. Any deviations from the Scope of Services must be clearly identified and explained separately in the proposal. Commodity Codes Used for this RFP:  57863 - Real Estate, Land  95883 - Real Estate Management Services (To include Listing and Sales Services) RFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 6 of 15 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 sessions. The City of Fort Collins reserves the right to select a firm for this project on the basis of written proposals submitted only. 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 address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the Scope of Services or Agreement? 2.0 Assigned Personnel Do the persons who will be providing the services have the necessary skills? Are sufficient people of the requisite skills available? 1.0 Systems & Procedures Does the firm have the systems, software and support to provide requested services? Online access? Accessibility? Results reporting? Security? Quality Assurance? Regulatory compliance and updates? 1.0 Motivation Is the firm interested and are they capable of providing services in the required time frame? 2.0 Firm Capability Does the firm have the support capabilities required? Has the firm provided similar services of this type and scope to municipal and/or public entities? Does the firm have the experience to successfully provide the service? RFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 7 of 15 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 to provide the required services? Timetable Was the original Scope of Services completed within the specified time? Were the firm’s representatives on-time to scheduled appointments? Did the firm’s representatives spend the time necessary to meet the client’s needs? Completeness Was the firm responsive to client needs? Accurate reporting of results? Were problems/issues resolved quickly and effectively? Job Knowledge Did firm successfully fulfill the Scope of Services and did the program operate efficiently? Were problems/issues resolved quickly and effectively? RFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 8 of 15 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. Contract Period. 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. 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 from the onset of such condition. 4. 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 City of Fort Collins Attn: Purchasing RFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 9 of 15 Fort Collins, CO 80522 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. 5. 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. 6. 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. 7. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Scope of Services 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 of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 8. 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. 9. 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. 10. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with RFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 10 of 15 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. 11. 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. 12. 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. 13. 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. 14. 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 RFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 11 of 15 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. 15. 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. 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., 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. 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 RFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 12 of 15 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. 18. 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 ( ) pages, attached hereto and incorporated herein by this reference. RFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 13 of 15 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 __________________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date:_____________________________ RFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 14 of 15 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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. RFP- 8099 COMMUNITY ORIENTATION/TRANSITION SERVICES Page 15 of 15 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.