Applicability Definitions and Duration of the Tenure Review Process
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EFFECTIVE DATE AND DURATION OF AGREEMENT Subject to ratification by the parties: This Agreement shall be effective from the 1st day of January, 2020 November, 2015 and shall be valid until the 31st day of December, 2024, and thereafter from year to year unless a written notice is given by either party within the period of four months immediately preceding the date of expiration of the term of the Collective Agreement, of their desire to terminate this Agreement or negotiate a revision thereof, in which case this Agreement shall remain in effect without prejudice to any retroactive clause of a new Agreement until negotiations for revision or amendments hereto have been concluded and a new Agreement superseding this Agreement has been duly executed. The amendments to the Collective Agreement, unless otherwise agreed, are effective upon the date of ratification by the parties. SCHEDULE A Employees shall be paid in the following salary ranges according to the salary grade. An employee’s pay level within the range for the employee’s salary grade will be determined based on the employee’s demonstrated performance. The parties recognize the salary ranges and the salary paid to individual employees are minimums. In the event of job reclassification, employees will be moved into the appropriate salary grade and be paid in accordance with the corresponding salary range. In cases where employees are being paid a wage/salary below that of the new salary range, they shall be brought up to the minimum of the new salary range. In cases where employees are being paid a wage/salary above that of the new salary range, their salary shall be red circled until such time as their wage/salary is within the salary range, however, they will be provided with a lump sum payment in lieu of their annual wage/salary increase. Those employees who have been trained pursuant to the Company’s “Train the Trainer” Program, shall receive an additional one hundred dollars ($100.00) per day, when facilitating scheduled Divisional Operational Training. The Company reserves the right to implement employee retention programs, share purchase programs, incentive plans and market supplement programs in its sole and absolute discretion. Salary Grades and Ranges Grad e Minimum Annual Mid-Annual Maximum Annual 1 $36,192 $51,607 $67,022 2 $41,682 $59,414 $77,145 3 $48,341 $68,968 $89,595 4 $56,156 $80,042 $103,927 5 $68,791 $98,115 $127,439 Job Positions In-Scope: Job Title Le Area Administrator, Retail Credit Canada 1 Regina Office Clerk Seed Plant/Lab 1 Country Ops Customer Service Representative 1 Country Ops Operations Support 1 Country Ops Technician I 1 Country Ops Warehouse Worker 1 Country Ops Seed Analyst II 2 Country Ops Technician II 2 Country Ops Agronomist 3 Country Ops Crop Production Advisor Trainee 3 Country Ops Operations Lead 3 Country Ops Technician III 3 Country Ops Assistant Manager 4 Country Ops Crop Production Advisor 4 Country Ops Seed Quality Assurance Coordinator Advisor, Canada Seed Regulatory 4 Country Ops Branch Manager 5 Country Ops Leasing Administrator 1 Regina Office Collections Coordinator 3 Regina Office Credit Analyst /Trainer 3 Regina Office The following adjustments will be made to compensation:
SECTION I - DEFINITIONS As used in this Agreement, the following terms shall have the meanings ascribed herein unless otherwise stated or reasonably required by the Agreement, and other forms of any defined words shall have a meaning parallel thereto.
COMMENCEMENT AND DURATION OF AGREEMENT 9. This Agreement shall commence on the [insert date] and shall remain in force for [2] years (“Initial Contract Period”).
Key Definitions As used herein, the following terms shall have the following respective meanings:
Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2
