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HomeMy WebLinkAboutRFP - 7486 UTILITY CUSTOMER INFORMATION SYSTEM CONSULTINGAddendum 1 - Page 1 of 1 ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Description of BID 7486: Utility CUstomer Information System Consulting OPENING DATE: 3:00 PM (Our Clock) April 18, 2013 To all prospective bidders under the specifications and contract documents described above, the following changes/additions are hereby made and detailed as follows: The Opening Date has been changed to April 18, 2013 at 3:00 PM (our clock). Please contact Opal Dick, CPPO, Senior Buyer at (970) 221-6778 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. 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 7486 Utility Customer Information System Consulting Page 1 of 17 REQUEST FOR PROPOSAL 7486 UTILITY CUSTOMER INFORMATION SYSTEM CONSULTING The City of Fort Collins, on behalf of Fort Collins IT Application Services – Utilities, is interested in creating a partnership with a qualified company that can provide consulting on the Ventyx Customer Information System 4.x and its supporting technologies, including Oracle. 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, four (4) copies and one (1) electronic copy, 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), April 4, 2013 and referenced as Proposal No. 7487. 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, Janice Jackson at (970) 416-2134 or jjackson@fcgov.com. Questions regarding bid submittal or process should be directed to Opal Dick, CPPO, Senior Buyer, at (970) 221-6778 or odick@fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement 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 7486 Utility Customer Information System Consulting Page 2 of 17 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 7486 Utility Customer Information System Consulting Page 3 of 17 REQUEST FOR PROPOSAL 7486 UTILITY CUSTOMER INFORMATION SYSTEM CONSULTING General Description Fort Collins Utilities is interested in creating a partnership with a qualified company that can provide consulting on Oracle and the Ventyx Customer Information System version 4.x, its successive versions, and supporting technologies. The consultant must have demonstrated expertise with: • Oracle 10g and 11g databases, Forms, and Reports • Oracle 10g application server • Oracle Web Logic • Oracle portal services • SQL Plus • Access database programming, reporting, and ODBC connectivity to Oracle databases • Ventyx Customer Information System version 4.x data architecture, processes, upgrading, and merges of custom code into base code • Java • Interfaces between smart meter infrastructure and a customer information system • Service oriented architecture; NextAxiom preferred • UNIX operating system • Perl • XSLT • XForms • Browser application design and troubleshooting • Knowledge of Ventyx archive-purge installation would be very helpful The consultant may be asked to: • Design • Program • Customize • Troubleshoot • Merge code • Consult on demand RFP 7486 Utility Customer Information System Consulting Page 4 of 17 The consultant must be willing to: • Work from specification documents • Be on-call to answer questions and troubleshoot • Work remotely • Document all edits and changes • Turn-around work orders rapidly Contract award does not guarantee any minimum amount of dollars or hours for any of the vendors selected. Background Platte River Power Authority, PRPA, licenses and operates Ventyx Customer Information System for City of Fort Collins and City of Longmont. Hardware is shared, but each City has separate production and test instances. PRPA provides system and database administration, some application development, and implements upgrades. Fort Collins has a small IT staff that supports their instance, designs small enhancements and applications, and troubleshoots user issues. As workload grows, Fort Collins needs additional development resources and assistance during peak workload seasons. Fort Collins anticipates upgrading their instance from Oracle 10g to Oracle 11g and from Oracle Application Server to Web Logic within a few months in anticipation of an upgrade of Ventyx CIS to the current version, most likely 4.4. Fort Collins is currently in the latter half of a project to install automated meter reading throughout the city and has programmed the interface between its instance of CIS and its meter data management system using NextAxiom, a service oriented architecture product. 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 one written and one e-mail copy of the proposal with the following information: • Attach a history of your firm’s experience with the technologies listed in Scope of Work below, including name, location, and resumes of key people who will be directly involved with this contract. • Describe projects you have completed for other Ventyx CIS (or Banner) clients or your solutions for problems they have encountered. • Provide two references that used your firm's services within the last two years. Ventyx CIS (or Banner) customers are preferred. • State hourly rates for resources fitting in the categories mentioned in Scope of Work below. Also, state any reimbursable expenses given a request for the consultant to be on-site. RFP 7486 Utility Customer Information System Consulting Page 5 of 17 • Provide the name of the person responsible for coordinating tasks between us. • Describe how service requests are handled between you and us. Scope of Work Following are services likely to be requested during the length of the contract. Through the system life cycle, there could be other services requested. • Customize Java Server Pages • Customize Oracle Portal “portlets” relating to Ventyx CIS • Customize Oracle 10g or 11g Forms and Reports • Advise on and troubleshoot configuration of Oracle Application Server and Web Logic • Troubleshoot Oracle messages • Troubleshoot Ventyx CIS 4.x and successive versions, both functionality and data • Implement a Ventyx CIS upgrade • Write PL SQL queries and scripts • Configure Ventyx "user exits" • Design and program small applications that deliver data to or distribute data from CIS • Alter or create icons • Document all edits and changes RFP 7486 Utility Customer Information System Consulting Page 6 of 17 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. These criteria shall be the basis for review of the written proposals and any required oral interviews. At the option of the City, telephone interviews may be conducted rather than onsite 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. Recommended weighing factors for the criteria are listed adjacent to the qualification. Weight Factor Qualifications Standard 2 Scope of Proposal Does the proposal show an understanding of the contract objective, methodology to be used, and results that are desired from the contract? Is the proposal complete?, 2 Assigned Personnel Do the people who will be working on the contract have the necessary skills? Are sufficient people of the requisite skills assigned to the project? Are they familiar with the City of Fort Collins configuration? 1 Availability Are the response times reasonable? Can the work be completed in a realistic timeframe? Are other qualified personnel available to help meet the project schedule if required? Is the project team available to conference as the needs require? 1 Motivation Is the firm interested and are they capable of doing the work in an expeditious timeframe? 2 Cost and Work Hours Are the cost and work hours proposed reasonable for the effort required? 2 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7486 Utility Customer Information System Consulting Page 7 of 17 Reference Evaluation (Top Ranked Firm): The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory or Unsatisfactory. Qualification Standard Overall Performance Would you hire this Professional again? Did they show the skills required? Timetable Was the work completed within the specified and agreed upon 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 work completed within the project budget? Were there any extra charges that were not anticipated? Job Knowledge Does the organization have a comprehensive knowledge of Oracle application server, Ventyx CIS, Java Server Pages? After completing activities, did the application operate properly? Were problems corrected quickly and effectively? Was there knowledge transfer? Proposal Acceptance All proposals shall remain subject to initial acceptance 90 days after the day of submittal. The City shall issue a letter notifying the successful firm of the acceptance of their proposal. The selected Contractor shall be expected to sign the City’s standard Professional Services Work Order Agreement prior to commencing Services (see sample attached to this Proposal). The contract will be awarded for one year with annual reviews and potential one-year extensions up to a maximum five-year period. The City reserves the right to award directly as a result of the written proposals. The City may or may not opt to conduct oral interviews. The City reserves the right to negotiate with any vendor as meets the needs of the City. The City reserves the right to reject any or all proposals, and to waive any irregularities. RFP 7486 Utility Customer Information System Consulting Page 8 of 17 PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and , 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: 4. Scope of Services. The Professional agrees to provide services in accordance with any project Work Orders for RFP issued by the City. A blank sample of a work order is attached hereto as Exhibit "A", consisting of one (1) page and is incorporated herein by this reference. No Work Order shall exceed $ . The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. 5. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 6. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 7. Contract Period. This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for an additional period of one (1) year at the rates provided with written notice to the professional mailed no later than ninety (90) days prior to contract end. 8. Contract Period. [Option 1] This Agreement shall commence , 20 , RFP 7486 Utility Customer Information System Consulting Page 9 of 17 and shall continue in full force and effect until , 20 , unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed ( ) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 9. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: City of Fort Collins Attn: PO Box 580 Fort Collins, CO 80522 With Copy to: City of Fort Collins, Purchasing 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. 10. 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 RFP 7486 Utility Customer Information System Consulting Page 10 of 17 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 $ . 11. Compensation. [Use this paragraph or Option 1 below.] In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of ($ ) plus reimbursable direct costs. All such fees and costs shall not exceed ($ ). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. [Optional] Insert Subcontractor 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 RFP 7486 Utility Customer Information System Consulting Page 11 of 17 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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 RFP 7486 Utility Customer Information System Consulting Page 12 of 17 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. 17. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 18. 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. 19. 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. 20. 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. 21. 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 RFP 7486 Utility Customer Information System Consulting Page 13 of 17 jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 17. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. RFP 7486 Utility Customer Information System Consulting Page 14 of 17 e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 19. 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. RFP 7486 Utility Customer Information System Consulting Page 15 of 17 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 Doing business as [insert name of business] By: __________________________________ Title: _______________________________ CORPORATE PRESIDENT OR VICE PRESIDENT Date: _______________________________ ATTEST: _________________________________ (Corporate Seal) Corporate Secretary RFP 7486 Utility Customer Information System Consulting Page 16 of 17 EXHIBIT "A" WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: ________________________________________________________________________________ Scope of Services: ________________________________________________________________________________ Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of Exhibits _, _, _, consisting of ___ (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. Professional: By: __________________________________ Date: ________________________________ City of Fort Collins Submitted By: _________________________ Project Manager Date: _________________________ Reviewed by: _________________________ (Dept. Supervisor) Date: _________________________ Approved by: _________________________ (Dept. Manager) Date: ________________________ Approved by: _________________________ Utilities General Manager (over $1,000,000) Date: ________________________ Approved by: _________________________ Director of Purchasing & Risk Management (if over $60,000.) Date: _______________________ RFP 7486 Utility Customer Information System Consulting Page 17 of 17 EXHIBIT “ ” CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City’s remedies at law for a breach of the Professional’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.