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
Section 12.3 5 The District shall make required contributions for State Industrial Insurance on behalf of all employees 6 subject to this Agreement.
Section 7.2 25 Each employee shall be assigned to a definite and regular shift and workweek, which shall not be 26 changed without prior notice to the employee of two (2) calendar weeks, except in emergencies.
Section 15.2 26 Salaries for employees subject to this Agreement, during the term of this Agreement, are contained in 27 Schedule A attached hereto and by this reference incorporated herein.
Section 15.3 46 The grievance or arbitration discussions shall take place whenever possible on other than school time. 47 The employer shall not discriminate against any individual employee or the Association for taking 48 action under this Article. 4 5 Section 16.1.
Section 17.3 13 This Agreement may be reopened and modified at any time during its term upon mutual consent of the 14 parties in writing; provided, however, that this Agreement shall be reopened to renegotiate Article XII,
ARTICLE Attached hereto and forming part of this Agreement are the following appendices and Letters of Understanding Short Shifts, Modified Work, Job Sharing and Payment for Bargaining Unit President Professional Responsibility Complaint Joint Benefits Review Joint Central m Joint Central Committee Labour Relations Education Grievance Administration Best Practices Hospital Central Agreement March Regional Listing of Experts Joint Letter to Minister of Health Quality of Compendium of Standards of Practice Feasibility Study of Grievances Harassment and Discrimination Paid Professional Leave Days Part-time unta Benefits Appendix Appendix Appendix Appendix Appendix Appendix Grievance Form List of Professional Responsibility Assessment Committee Chairpersons Salary Schedule Superior Conditions If Any Appendix of Local Provisions Professional Responsibility Complaint Form Hospital March APPENDIX GRIEVANCE FORM Hospital Central Agreement March APPENDIX LIST OF PROFESSIONAL RESPONSIBILITY ASSESSMENT COMMITTEE CHAIRPERSONS Xxxx Xxxxxxx Executive Director Capital Health Alliance Road, Room Ottawa, ON Xxx Xxxx Principal Chair Seneca College Toronto, ON Xxxxxxx Xxxxxx Associate School of Nursing University Thunder Bay, ON Hospital March APPENDIX PROFESSIONAL RESPONSIBILITY FORM NOTIFICATION OF IMPROPER WORK ASSIGNMENT DE TRAVAIL complete OF OCCURRENCE DATE DE TO EMPLOYER DE TYPE TYPE BED CARE DE de STAFFING the undersigned, believe that I given an assignment that was inconsistent with proper patient care for the reasons. (Brief outline of attached). us. patients pour que a tache ne de la pas de et No correct this problem, recommend: Pour la situation. below: nom X do not believe this response was to resolve committee refer these concerns association may consider these issues under the professional therefore request local the nurses' concerns.
Section 14.3 24 The parties recognize that an employee should have the option of declining to participate as a member in 25 the Association, yet contribute financially to the activities of the Association in representing such 26 employee as a member of the collective bargaining unit. Therefore, as an alternative to, and in lieu of the 27 membership requirements of the previous sections of this Article, an employee who declines membership 28 in the Association may pay to the Association each month a service charge as a contribution towards the 29 administration of this Agreement in an amount not to exceed the regular monthly dues. This service 30 charge shall be collected by the Association in the same manner as monthly dues.
Section 7.4 43 In the event an employee is assigned to a shift less than the normal work shift previously 44 defined in this Article, the employee shall be given a fifteen (15) minute rest period for each 45 consecutive/continuous four (4) hours of work. Employees assigned six (6) or more hours shall 46 be given two (2) 15-minute rest periods and an unpaid lunch period.
Section 17.2 9 All provisions of this Agreement shall be applicable to the entire term of this Agreement 10 notwithstanding its execution date, except as provided in the following section.