Disagree. Venue of dispute resolution with a TIPS Member In the event of litigation or use of any dispute resolution model when resolving disputes with a TIPS member entity a s a result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or ot her agreed upon model shall be in the state and county where the customer resides unless otherwise agreed by the parties at the time the dispute resolution model is decided by the parties.
Disagree. The City disagrees with the characterization of River Ridge Golf Club revenues collected by High Tide as “City money.” As stated in the City’s response to Items C-11 through C-20 of the 2003 Grand Jury Report: “The agreements provided that Operator did not act as the City’s agent, ‘except as City may specify in writing’ (Original Agreement section 57; Second Agreement section 52). By letter dated February 7, 1994, the City Treasurer notified the Ventura County National Bank, where Operator maintained a golf course bank account, that the City conveyed to Operator ‘the right to act as agent for the River Ridge Golf Club which is owned by the City’ and to accept checks in the name of the golf course; and that the title of the account should be the name of Operator ‘as agent for River Ridge Golf Club or River Ridge Golf Course.’ “Money derived from the operation of the golf course, collected by Operator and deposited in Operator’s golf course bank accounts was not at that point money to which the City was entitled. Section 10 of the agreements required the City to pay Operator for Operator’s services. As the Grand Jury noted (e.g., F-46, F-47 and F-70), Operator deducted payments for Operator’s services from money that Operator collected from golf course operations deposited in Operator’s golf course bank accounts. Annually, Operator paid the City as called for in the agreements, by writing a check to the City on Operator’s golf course bank accounts. The City Treasurer deposited that check in City bank accounts, to which Operator was not a party. “Based on the foregoing background, the City disagrees with statements in C-11, C-12, C-15, C-16, C-17 and C-18 that characterize money in Operator’s golf course bank accounts as ‘City money’ or ‘City funds’ and revenue from golf course operations as ‘City revenue.’” F-51. Interest accruing from the City money in these accounts becomes part of the base revenue amount to be divided between the City and High Tide rather than being segregated as accruing to the City, i.e., the City shares with High Tide the passive interest accruing on its money.
Disagree. 8 7 Automatic renewal of contracts or agreements with TIPS or a TIPS member entity This clause DOES NOT prohibit multiyear contracts or agreements with TIPS member entities. Because TIPS and TIPS members are governmental entities subject to laws that control appropriations of funds dur ing their fiscal years for contracts and agreements to provide goods and services, does the Vendor agree to limit an y automatic renewal clauses of a contract or agreement executed as a result of this TIPS solicitation award to not lo nger than "month to month" and at the TIPS contracted rate. Agreed
Disagree. 9. This Accession Agreement shall terminate automatically if the Consortium Agreement or the License Agreement is terminated. If the Consortium Agreement between Consortium Leader and ORCID is terminated and Consortium Member is not in breach of this Accession Agreement or the License Agreement, Consortium Member shall be given the opportunity to timely enter into a direct agreement with ORCID to allow for uninterrupted access to the Member Benefits. Under such an agreement, Consortium Member would be liable for standard (non-discounted) ORCID fees.
Disagree. 10. If the Agreement between Consortium Leader and ORCID is terminated and Consortium Member is not in breach of this Accession Agreement or the Agreement, Consortium Member shall be given the opportunity to timely enter into a direct agreement with ORCID to allow for uninterrupted access to the Trusted Party Member Benefits. Under such an agreement, Consortium Member would be liable for standard (non-discounted) ORCID fees.
Disagree. 1 0 0 Indemnity Limitation with TIPS Members Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others. TIPS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or other binding documents OR by prefacing all indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws or the Constitution of the state where the customer resides, ". Agreement is a required condition to award of a contract resulting from this Solicitation. Disagree Vendor changed to agreed 7-30-21 RP Arbitration Clauses Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered into between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agree to exclude any arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through an awarded contract with TIPS? Agreement is a required condition to award of a contract resulting from this Solicitation. Agreed Upload of Current W-9 Required Please note that you are required by TIPS to upload a current W-9 Internal Revenue Service (IRS) Tax Form for your entity. This form will be utilized by TIPS to properly identify your entity. REFERENCES ALL INFORMATION MUST BE TYPED AND FORM MUST BE UPLOADED IN EXCEL FORMAT. DO NOT HA Please provide three (3) references, preferably from school districts or other governmental entities who have used your services w the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE. References are Required for
Disagree. Alternative Dispute Resolution Explanation of No Answer See redline agreement in attachment section Infringement(s) The successful vendor will be expected to indemnify and hold harmless the TIPS and its employees, officers, agents, representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or intangible property rights attributed to or claims based on the Vendor's proposal or Vendor’s performance of contracts awarded and approved. Do you agree to these terms? No Infringement(s) Explanation of No Answer 4 See redline agreement in attachment section Acts or Omissions The successful vendor will be expected to indemnify and hold harmless the TIPS, its officers, employees, agents, representatives, contractors, assignees and designees from and against any and all liability, actions, claims, demands or suits, and all related costs, attorney's fees and expenses arising out of, or resulting from any acts or omissions of the vendor or its agents, employees, subcontractors, or suppliers in the execution or performance of any agreements ultimately made by TIPS and the vendor. Do you agree to these terms? No Acts or Omissions Explanation of No Answer 6 See redline agreement in attachment section Contract Governance Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language. Yes, I Agree (Yes)
Disagree. As stated in the City’s response to F-01, the City Clerk provided the Grand Jury with an incorrect version of the 1993 agreement with High Tide and Green Grass, Inc. (“High Tide”). However, on January 6, 2004, the City Council ratified the version of the agreement that had been utilized by both the City and High Tide in the operation and management of River Ridge Golf Club. The City Council designated such agreement as the official version to be maintained on file with the City Clerk. Thus, the Correct Agreement ratified by the City Council on January 6, 2004, is the same agreement whose provisions have been utilized by both the City and High Tide in the operation and management of River Ridge Golf Club.
Disagree. Automatic renewal of contracts or agreements with TIPS or a TIPS member entity This clause DOES NOT prohibit multiyear contracts or agreements with TIPS member entities. Because TIPS and TIPS members are governmental entities subject to laws that control appropriations of funds during their fiscal years for contracts and agreements to provide goods and services, does the Vendor agree to limit any automatic renewal clauses of a contract or agreement executed as a result of this TIPS solicitation award to not longer than "month to month" and at the TIPS contracted rate. 4 Agreed Indemnity Limitation with TIPS Members Texas and other states restrict by law or state Constitution the ability of a governmental entity to indemnify others. TIPS requires that any contract entered into between a vendor and TIPS or a TIPS Member as a result of an award under this Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or other binding documents OR by prefacing all indemnity clauses required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws or the Constitution of the state where the customer resides, ". Agreement is a required condition to award of a contract resulting from this Solicitation. Agreed Arbitration Clauses Except for certain circumstances, TIPS forbids a mandatory arbitration clause in any contract or agreement entered into between the awarded vendor with TIPS or a TIPS member entity. Does the vendor agree to exclude any arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through an awarded contract with TIPS? 6 Agreed
Disagree. H. Strongly disagree
