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 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 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,
Section 16.1 20 Employees shall be compensated in accordance with the provisions of this Agreement for all hours
Section 16.4 37 If any provision of this Agreement or the application of any such provision is held invalid, the 38 remainder of this Agreement shall not be affected thereby. 39
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 18.3 34 This Agreement may be reopened and modified at any time during its term upon mutual consent of the 35 parties in writing; provided, however, that this Agreement shall be reopened as necessary to consider 36 the impact of any legislation enacted following execution of this Agreement which directly affects the 37 terms and conditions herein or create authority to alter personnel practices in public employment.
Section 16.2 29 All provisions of this Agreement shall be applicable to the entire term of this Agreement 30 notwithstanding its execution date, except as provided in the following section.
Section 18.2 2 All provisions of this Agreement shall be applicable to the entire term of this Agreement 3 notwithstanding its execution date, except as provided in the following section.
Section 11.1 28 The District shall have the right to discipline or discharge an employee for justifiable cause. The issue 29 of justifiable cause shall be resolved in accordance with the grievance procedure hereinafter provided.
