In an very unusual move, the city has released two rfps but has not made them public. You need to sign a non-disclosure agreement in order to get them. I can't figure out what could be in those documents that necessitates a NDA. I can see the need for secrecy in ongoing contract negotiations in order to ultimately protect taxpayers interests, but that doesn't seem to be the case here.
Any insight?
NORTHEAST FALSE CREEK TRANSPORTATION STUDY
http://former.vancouver.ca/fs/bid/bidopp/RFP/documents/PS20131164-Non-DisclosureAgreement.pdf
PRELIMINARY DESIGN OF THE GEORGIA RAMP AND STEPS
http://former.vancouver.ca/fs/bid/bidopp/RFP/documents/PS20131165-Non-DisclosureAgreement.pdf
The NDAs seem to be identical... here are a couple of quotes.
Quote:
5.0 Legal Requirement to Disclose
5.1 If the Recipient or any of the Recipient’s Team is or becomes legally required to disclose any Confidential Material to a government body or court of law, the Recipient agrees, to the extent permissible by law, to give, and will ensure that the Recipient’s Team give, the City sufficient advance notice to enable the City the opportunity to contest the disclosure or obtain a protective order
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Quote:
7.0 Injunctive Relief
7.1 The Recipient acknowledges and agrees with the City that
(a) the secrecy of the Confidential Material is of the utmost importance to the City, and the Confidential Material is of a sensitive and confidential
nature such that monetary damages alone may be inadequate to protect
the City’s interests against any actual or threatened breach of this Agreement
(b) the covenants and conditions of this Agreement are reasonable and
necessary for the protection of the City’s business and security and all
defences to the strict enforcement thereof by the City are hereby waived
by the Recipient to the fullest extent permitted by law, and
(c) a violation of any of the provisions of this Agreement will result in
immediate and irreparable damage to the City, and so the City will, in
addition to any other rights to relief, be entitled to the remedies of
specific performance and injunctive or other equitable relief in respect of
any actual or threatened breach of this Agreement, without proof of
actual damages or the inadequacy of monetary damages.
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Quote:
8.0 General
8.1 Upon the request at any time of the City, the Recipient will promptly
destroy all Confidential Material and any copies or reproductions thereof in the Recipient’s possession or under its control or in the possession or under the control of any of the Recipient’s Team, and will certify in writing such destruction or return of all Confidential Material. If compliance with the foregoing would violate any applicable law or regulation, then such information may be retained provided that it is not used for any purpose
other than to evidence the Recipient’s compliance with such law or regulation, and such retained information must be maintained in
confidence as set forth in this Agreement
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The wording of the NDA I'm sure will ruffle some feathers over at cityhallwatch.