Revised Joinder Agreement

Mayor Marty Walsh released on Tuesday a revised Joinder Agreement (above) between Boston and the United States Olympic Committee that removes certain “boilerplate” language included in an original agreement that suggested city employees and officials were not allowed to speak negatively about the city’s bid for the 2024 Summer Games. Other language found in the original agreement – pertaining to disclosure of Olympic bid documents and the “irrevocable binding” nature of the Joinder Agreement – has also been removed.

Update 4:45 p.m., Wednesday: Mayor Walsh spokesperson Laura Oggeri tells BostInno, “The revised joinder agreement still constitutes as a binding agreement” between Boston and the USOC.

Here’s what isn’t in the revised agreement.

The revised version includes an additional “Article IV,” which states prior contracts or agreements “between the City and the USOC relating to the [International Olympic Committee] Bid and the other matters addressed or governed” are superseded upon signing of the revised agreement.

This bit of text found under “Exhibit D” of the original Joinder Agreement:
“Upon execution by the City, this Agreement shall constitute an irrevocable binding offer by the City to the USOC, which offer shall either be accepted by the USOC’s countersignature hereto or terminated upon any public statement by the USOC that it has selected a city other than the City as the sole city with which to continue consideration of submitting an IOC Bid.”

Section 2.05 of original Joinder Agreement:
The City, including its employees, officers and representatives, shall not make, publish or communicate to a Person, or communicate in any public forum, any comments or statements (written or oral) that reflect unfavorably upon, denigrate or disparage, or are detrimental to the reputation or statute of, the IOC, the IPC, the USOC, the IOC Bid, the Bid Committee or the Olympic or Paralympic movement. The City, including its employees, officers and representatives, shall each promote the Bid Committee, the USOC, the IOC Bid, U.S. Olympic and Paralympic athletes and hopefuls and the Olympic and Paralympic movement in a positive manner.

Section 2.07 of original Joinder Agreement:
The City agrees that it shall not disclose to any third party any information with respect to the terms of this Agreement or the Bid City Agreement except: (A) to the Bid Committee and the OCOG, (B) to the extent required by Law or by a valid order of a court of competent jurisdiction or (C) as part of its normal reporting or review procedures to its auditors, attorneys, agents, and appropriate federal, City and State officials, provided that such third parties are under an obligation of confidentiality no less stringent than the conditions of the Bid City Agreement.

Section 3.01, Claus C of original Joinder Agreement:
“(c) any other aspect of the IOC Bid.”

Here’s what’s been added.

Article IV:
“This Agreement constitute the entire agreement by and between the City and the USOC relating to the IOC Bid and the other matters addressed or governed hereby and supersedes all prior contracts or agreements with respect to the IOC Bid and the other matters addressed or governed hereby, whether oral or written.”

BostInno has reached out to the mayor’s office for comment in regards to the removal of certain language found under Exhibit D of the original Joinder Agreement – specifically whether or not the omission means that the revised version could be changed at any time. This post will be updated if we hear back.


Author’s note:
If readers notice other omissions or additions in the revised version, feel free to tell us in the comment section below.