Staff recommends approval of the resolution authorizing execution of a Mutual Non-Disclosure Agreement with GE Energy Services (GE).
The City has identified GE Energy Services as the top ranked firm for the AMI and related technologies proposal previously solicited. The next step is negotiation of a contract with GE Energy Services. Negotiations for technology based projects may require the exchange of information that could be considered confidential. GE has requested the City to execute a confidentiality or Mutual Non-Disclosure Agreement (MNDA). This is common practice in technology project contract negotiations. The City will notify all business partners, affiliates, and representatives related to this project of the MNDA between the City and GE. Our business partners will be held to the terms of this agreement as well.
The State of Florida has a very broad public records law. Under the statute very little is considered confidential; it classifies only trade secrets as confidential information exempt from the public records statute.
The City attorney has reviewed this MNDA and requested some changes be made. GE has made those changes and the final agreement is provided for your review.
1. Approve the resolution authorizing execution of the MNDA with GE Energy Services;
2. Such alternative action as the Commission may deem appropriate
There is no fiscal impact unless the MNDA is breached. Should the agreement be breached by the City, GE may be entitled to recover monetary damages.
Department: _Finance / Purchasing_____
Prepared by: _Mike Thornton________
Attachments: Yes_X__ No ______
Advertised: ____Not Required __X___
Attorney Review : Yes___ No ____
Reviewed by: Dept. Head ________
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. ______NA_________
Project No. ___________________
WF No. ______________________
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MUTUAL NON-DISCLOSURE AGREEMENT WITH GE ENERGY SERVICES; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:
THAT the Mayor and City Clerk are hereby authorized to execute a Mutual Non-Disclosure Agreement with GE Energy Services whose address is 4200 Wildwood Parkway 2018-6-4C-11, Atlanta, Georgia 30339-8402 for a confidentiality agreement related to contract negations under Request for Proposal 100372.
THAT this resolution shall become effective immediately.
PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the __11th___ day of ___July___ 2011.