[Board] [OSGeo-Conf] 2017 Boston agreement & seed funding - IMPORTANT

Massimiliano Cannata massimiliano.cannata at supsi.ch
Wed Mar 16 03:19:58 PDT 2016


Dear all,
my vote is +0

You may know, since last year, i'm not inclined to take any risk and sign
anything before the current FOSS4G is closed.
I don't like to be exposed two time.

Anyway, said that my vote is expressed, I have a request related to risk:
- What about US FOSS4G conference in 2017?
- Do you have any information on this?

Maxi


>
>
>
> 2016-03-16 9:35 GMT+01:00 Dirk Frigne <dirk.frigne at geosparc.com>:
>
>> I already responded to the answers we've received. So:
>> +1 to approve request for FOSS4G 2017
>>
>> I also want to investigate how we can get an insurance for such an
>> additional guarantee for future events. Who is in a good position to
>> take here some action and get some information. Do we have a volunteer
>> who can take action here?
>>
>> Dirk
>>
>>
>>
>> On 16-03-16 03:08, Michael Smith wrote:
>> > ----
>> > Michael Smith
>> > OSGeo Foundation Treasurer
>> > treasurer at osgeo.org <mailto:treasurer at osgeo.org>
>> >
>> > From: Board <board-bounces at lists.osgeo.org
>> > <mailto:board-bounces at lists.osgeo.org>> on behalf of Venkatesh Raghavan
>> > <raghavan at media.osaka-cu.ac.jp <mailto:raghavan at media.osaka-cu.ac.jp>>
>> > Date: Tuesday, March 15, 2016 at 7:47 PM
>> > To: OSGeo Board <board at lists.osgeo.org <mailto:board at lists.osgeo.org>>
>> > Subject: Re: [Board] [OSGeo-Conf] 2017 Boston agreement & seed funding -
>> > IMPORTANT
>> >
>> >     Dear Board,
>> >
>> >>     MOT7: Seek additional clarifications and attend to this agenda
>> >>     item by e-mail within 7 working days
>> >
>> >     Pending the approval of the above motion moved at
>> >     the Board meeting held on 10 March, I would like to
>> >     remind that we have two working days remaining
>> >     to seek further clarification concerning the
>> >     2017 Boston agreement & seed funding request and
>> >     vote for board approval.
>> >
>> >     Considering the time available and also the fact that I
>> >     do not intend to seek further clarification from my side,
>> >     I would like to move the motion to approve the request
>> >     from BLOC.
>> >
>> >
>> > +1 to approve request for FOSS4G 2017
>> >
>> >
>> >
>> >     Best
>> >
>> >     Venka
>> >
>> >
>> >
>> >
>> >     On 2016/03/15 21:17, Michael Terner wrote:
>> >>     Venka:
>> >>     Thanks for the fair questions and thanks to the board for the
>> serious
>> >>     consideration of our request.
>> >>
>> >>     Steven, thanks for the general outline of a response and an
>> enumeration of
>> >>     our request. Your four points are entirely accurate and indeed
>> several
>> >>     people guided us to examine the Bonn agreement as a template for an
>> >>     OSGeo/LOC agreement. This is precisely what we did, although in
>> our case,
>> >>     and unlike Bonn, the BLOC is not a legal entity and thus as with
>> some past
>> >>     conferences our PCO is part of the agreement as our "financial
>> agent". So
>> >>     here are a few additional details on the four main points:
>> >>
>> >>        1. *Names*: Our agreement has three parties: OSGeo, the Boston
>> Location
>> >>        Organizing Committee (BLOC) and Delaney Meeting & Event
>> Management, our
>> >>        PCO, who is acting as our financial agent.
>> >>        2. *Seed funding*: We are asking for approval of up to maximum
>> of
>> >>        $70,000 of advances. As per the email threads, we anticipate
>> doing this
>> >>        through two separate requests. The first would be for $20,000
>> +/-
>> >>        immediately following our hoped for approval of the agreement.
>> The second
>> >>        would be for the remaining $50,000 after the Bonn Conference
>> concludes and
>> >>        as we begin to ramp up at a faster pace (and as deposits come
>> due).
>> >>        3. *Additional guarantee*: Again, we followed the Bonn
>> agreement model,
>> >>        and as Steven points out the "total exposure" for OSGeo between
>> the
>> >>        advances and additional guarantee are the same for both Boston
>> and Bonn. I
>> >>        would also observe that the known precedent of OSGeo providing
>> these
>> >>        guarantees was something we considered strongly in forming our
>> bid. Indeed,
>> >>        both the BLOC and OSGeo are "in this together" with substantial
>> "skin in
>> >>        the game" and we are both strongly motivated for a superior and
>> financially
>> >>        successful event. We will work tirelessly to ensure Boston
>> continues the
>> >>        FOSS4G streak of being financially successful.
>> >>        4. *Contractual clauses*: As has happened over the years, we
>> would
>> >>        certainly urge OSGeo to continue building on the template
>> agreement and
>> >>        these clauses provide important *mutual *protections as well as
>> >>        providing a framework for cost-effective dispute resolution in
>> the unlikely
>> >>        event it is needed. They are standard clauses, but they also
>> articulate
>> >>        important principles.
>> >>
>> >>     Last, please consider the BLOC to have a strong +1 to Dirk's
>> suggestion
>> >>     that OSGeo look at an insurance approach for FOSS4G that could be
>> designed
>> >>     to cover future events and could leverage the good financial
>> record of past
>> >>     FOSS4G's. This would be one more thing that the "next conference"
>> (e.g.,
>> >>     2018) would not have to start from scratch with. Along those
>> lines, we very
>> >>     much appreciate Cameron resuscitating the "Priorities for
>> Conference
>> >>     Committee" thread, and anticipate chiming in over the coming
>> weekend.
>> >>     Indeed, the "starting from scratch" issues are something that are
>> >>     resonating with our team.
>> >>
>> >>     Please let us know if you have any further questions, or need
>> >>     clarifications on the points made above. We remain very hopeful
>> that we can
>> >>     receive Board approval *this week*. And, we are also hopeful that
>> if we do
>> >>     receive that approval it will be provided with some guidance on
>> "what comes
>> >>     next" in terms of putting signatures on the agreement and formally
>> >>     initiating the financial request for an advance. The signatures
>> part is
>> >>     most important as we continue to face a near term deadline for
>> signing an
>> >>     agreement with our venue that will legally secure the date.
>> >>
>> >>     Thanks in advance...
>> >>
>> >>     MT & the BLOC
>> >>
>> >>
>> >>
>> >>     On Tue, Mar 15, 2016 at 4:19 AM, Dirk Frigne <
>> dirk.frigne at geosparc.com>
>> >>     wrote:
>> >>
>> >>>     Thank you Steven,
>> >>>
>> >>>     This is a clear statement and an improvement of the contract in
>> relation
>> >>>     to last year in relation to exposed risk.
>> >>>
>> >>>     i.m.h.o. this should pass the board's decision for this event. If
>> the
>> >>>     board should have still questions about the contract in general,
>> we
>> >>>     should discuss them and formulate an advise for improvement for
>> future
>> >>>     events.
>> >>>     One improvement could be that OSGeo get insured for the extra
>> exposed
>> >>>     risk (for future events), based on the financial history of all
>> the
>> >>>     FOSS4G events in the past.
>> >>>
>> >>>     Dirk.
>> >>>
>> >>>
>> >>>     On 14-03-16 16:39, Steven Feldman wrote:
>> >>>>     Venda, Board
>> >>>>
>> >>>>     The proposed agreement is identical to the one that OSGeo has
>> entered
>> >>>     into with Bonn for 2016, with the following variations:
>> >>>>     1. The names
>> >>>>     2. The seed funding is up to £70,000 not $57.500
>> >>>>     3. The advance is for up to $45,000 not $57,500 (overall the
>> total
>> >>>     exposure is the same as 2016 at $115,000)
>> >>>>     4. The insertion of Mitigation, Indemnification and Arbitration
>> clauses
>> >>>     which I understand are standard clauses in US agreements of this
>> type and
>> >>>     apply equally to both parties.
>> >>>>     The additional guarantee is intended to cover the very unlikely
>> >>>     circumstance that the FOSS4G is financially unsuccessful. If the
>> event
>> >>>     loses money OSGeo is at risk of losing our seed money and an
>> additional
>> >>>     $45,000 up to a maximum exposure of $115,000. This agreement
>> limits our
>> >>>     exposure to $115,000 previously we had potentially unlimited
>> exposure.
>> >>>>     I hope this helps the board in considering this motion
>> >>>>
>> >>>>     Cheers
>> >>>>     ______
>> >>>>     Steven
>> >>>>
>> >>>>
>> >>>>>     On 14 Mar 2016, at 14:36, Venkatesh Raghavan <
>> venka.osgeo at gmail.com>
>> >>>     wrote:
>> >>>>>     Dear Micheal, Guido and all,
>> >>>>>
>> >>>>>     The agreement of seed funding was presented by Guido
>> >>>>>     at the Board meeting on 10 March, 2016 and the Board
>> >>>>>     members requested for further clarification especially
>> >>>>>     about the "additional guarantee".
>> >>>>>
>> >>>>>     Since all the board members are not following conference
>> >>>>>     mailing list, I would request that Micheal of Guido
>> >>>>>     to provide a brief summary of the request including
>> >>>>>     clarification on the "additional guarantee" and also
>> >>>>>     link to any relevant documents. This will help the
>> >>>>>     board members to get a clearer understanding and
>> >>>>>     facilitate to taking timely decision.
>> >>>>>
>> >>>>>     Thanks in advance.
>> >>>>>
>> >>>>>     Best
>> >>>>>
>> >>>>>     Venka
>> >>>>>
>> >>>>>     On 2016/03/10 2:51, Michael Terner wrote:
>> >>>>>>     Eli:
>> >>>>>>     Thanks for the pointer to SVN, Guido is versed in these
>> technologies
>> >>>     and
>> >>>>>>     will act as our "user" and POC on this (and you've seen he's
>> already
>> >>>     chimed
>> >>>>>>     in to this effect). We will do our part to document our
>> experiences and
>> >>>>>>     make everything available via SVN.
>> >>>>>>
>> >>>>>>     Also, apologies for the "FOSSGIS e.V." reference; we
>> understood what
>> >>>     it was
>> >>>>>>     and attempted to excise them all from "our version" of the
>> document.
>> >>>>>>     Apparently we missed one so thanks for the heads-up. As per
>> Steven's
>> >>>     note,
>> >>>>>>     his latest version with the lower "additional guarantee"
>> amount should
>> >>>     have
>> >>>>>>     this corrected already.
>> >>>>>>
>> >>>>>>     Thanks again to all for your assistance on this.
>> >>>>>>
>> >>>>>>     MT
>> >>>>>>
>> >>>>>>     On Wed, Mar 9, 2016 at 12:30 PM, Guido Stein <
>> gstein at appgeo.com>
>> >>>     wrote:
>> >>>>>>>     Hey Eli,
>> >>>>>>>
>> >>>>>>>     I would be happy to help with this.
>> >>>>>>>
>> >>>>>>>     Let me know the credentials and I will do my best to update
>> as we get
>> >>>>>>>     these official documents squared away.
>> >>>>>>>
>> >>>>>>>     -guido
>> >>>>>>>
>> >>>>>>>     On Wed, Mar 9, 2016 at 12:22 PM Eli Adam <
>> eadam at co.lincoln.or.us>
>> >>>     wrote:
>> >>>>>>>>     Hi Michael,
>> >>>>>>>>
>> >>>>>>>>     Are you or someone on the BLOC able to use svn?  If so, I'd
>> like to
>> >>>>>>>>     give them access to http://svn.osgeo.org/osgeo/foss4g/ so
>> that
>> >>>     things
>> >>>>>>>>     like these documents can be stored there (at least once
>> finalized and
>> >>>>>>>>     approved).
>> >>>>>>>>
>> >>>>>>>>     "FOSSGIS e.V." is a German organization/corporation/nonprofit
>> >>>>>>>>     associated with the FOSSGIS conference and Bonn LOC.  They
>> are not a
>> >>>>>>>>     party to this agreement and all mention of them should be
>> removed.
>> >>>>>>>>     Please revised the documents accordingly.
>> >>>>>>>>
>> >>>>>>>>     Eli
>> >>>>>>>>
>> >>>>>>>>     On Wed, Mar 9, 2016 at 6:20 AM, Michael Terner <
>> mgt at appgeo.com>
>> >>>     wrote:
>> >>>>>>>>>     Steven:
>> >>>>>>>>>     Thanks for keeping this moving and the good questions,
>> suggestions
>> >>>     and
>> >>>>>>>>>     observations.
>> >>>>>>>>>
>> >>>>>>>>>     Board:
>> >>>>>>>>>     Thanks very much for taking this up on short notice. We
>> really
>> >>>>>>>>     appreciate
>> >>>>>>>>>     the attention.
>> >>>>>>>>>
>> >>>>>>>>>     To Steven's questions/suggestions:
>> >>>>>>>>>
>> >>>>>>>>>     YES, we are comfortable changing the "additional guarantee"
>> >>>     downward to
>> >>>>>>>>>     match the Bonn "total value." Indeed, we were "connecting
>> the dots"
>> >>>>>>>>     based on
>> >>>>>>>>>     the Bonn template, and had not completed a full risk
>> assessment.
>> >>>     Steven
>> >>>>>>>>>     makes a very good point that the "insurance policies" that
>> we can
>> >>>     pursue
>> >>>>>>>>>     after we have an agreement will help better quantify
>> "actual risk"
>> >>>     and
>> >>>>>>>>>     exposure. We are comfortable proceeding with what Steven
>> proposes
>> >>>     (i.e.,
>> >>>>>>>>>     $115k max), and if we feel an alteration is
>> necessary/warranted
>> >>>     we'll
>> >>>>>>>>     bring
>> >>>>>>>>>     that back to conference dev at a later time. Indeed, our
>> nearest
>> >>>     term
>> >>>>>>>>     need
>> >>>>>>>>>     is to formally enter into agreement so that we can secure
>> our venue
>> >>>     via
>> >>>>>>>>     our
>> >>>>>>>>>     PCO. So, YES, $115k (i.e., $70k advance, $45k "additional
>> >>>     guarantee") is
>> >>>>>>>>>     good. Thank you.
>> >>>>>>>>>     YES, we appreciate your understanding and open mindedness
>> to the
>> >>>     legal
>> >>>>>>>>>     clauses (thank you Darrell for the +1 on that). Ultimately,
>> these
>> >>>     all
>> >>>>>>>>>     protect both OSGeo and the LOC/PCO and/or show a preference
>> for
>> >>>>>>>>>     non-litigious dispute resolution. Over time, these might be
>> >>>     considered
>> >>>>>>>>     as
>> >>>>>>>>>     additions to the "template agreement". And, we welcome
>> further
>> >>>>>>>>     review/input
>> >>>>>>>>>     from people familiar with contracts/agreements.
>> >>>>>>>>>     As Steven relays, our PCO reviewed and was comfortable with
>> the
>> >>>>>>>>     agreement's
>> >>>>>>>>>     existing language on guarantees. She only asked that the
>> additional
>> >>>>>>>>     clauses
>> >>>>>>>>>     be added. And, as per above, if we perform a more detailed
>> risk
>> >>>>>>>>     assessment
>> >>>>>>>>>     it sounds like there is an avenue to re-approach Conf Dev on
>> >>>     increasing
>> >>>>>>>>     the
>> >>>>>>>>>     guarantee.
>> >>>>>>>>>
>> >>>>>>>>>     Indeed, OSGeo's very good 10 year record of having strong
>> >>>     conferences
>> >>>>>>>>     should
>> >>>>>>>>>     help moderate insurance costs. And the BLOC has every
>> intention of
>> >>>>>>>>     extending
>> >>>>>>>>>     that success with Boston.
>> >>>>>>>>>
>> >>>>>>>>>     Sincerely and with thanks...
>> >>>>>>>>>
>> >>>>>>>>>     MT & the BLOC
>> >>>>>>>>>
>> >>>>>>>>>
>> >>>>>>>>>
>> >>>>>>>>>     On Wed, Mar 9, 2016 at 7:24 AM, Steven Feldman <
>> shfeldman at gmail.com
>> >>>>>>>>     wrote:
>> >>>>>>>>>>     Michael
>> >>>>>>>>>>
>> >>>>>>>>>>     The additional guarantee for Bonn was based upon a risk
>> analysis at
>> >>>>>>>>>>     different points in the build up to the conference and an
>> estimate
>> >>>     of
>> >>>>>>>>     the
>> >>>>>>>>>>     maximum exposure if the event had to be cancelled or
>> proceeded
>> >>>     with a
>> >>>>>>>>     lower
>> >>>>>>>>>>     than viable attendance. It was not automatically equal to
>> the seed
>> >>>>>>>>     funding.
>> >>>>>>>>>>     I don’t want to just negotiate you down to a lower figure.
>> Can you
>> >>>     and
>> >>>>>>>>>>     your PCO consider the exposure at different points and
>> come up
>> >>>     with a
>> >>>>>>>>>>     revised additional guarantee that you need. If you will be
>> >>>     offsetting
>> >>>>>>>>     any
>> >>>>>>>>>>     additional risk through an insurance policy it might be
>> worth
>> >>>>>>>>     exploring the
>> >>>>>>>>>>     premium versus excess ratios to come up with the most
>> efficient
>> >>>     balance
>> >>>>>>>>>>     between an OSGeo additional guarantee and insurance.
>> >>>>>>>>>>
>> >>>>>>>>>>     In my motion to the CC I asked for approval for the seed
>> funds but
>> >>>     did
>> >>>>>>>>     not
>> >>>>>>>>>>     mention the ‘additional guarantee’. Given time pressures I
>> am
>> >>>     going to
>> >>>>>>>>>>     submit a proposal to the Board for consideration at
>> tomorrow
>> >>>     meeting
>> >>>>>>>>     for
>> >>>>>>>>>>     seed funds of $70k and an additional guarantee of up to
>> $45k i.e. a
>> >>>>>>>>     total
>> >>>>>>>>>>     exposure of $115k which is the same level of guarantee
>> offered to
>> >>>     Bonn
>> >>>>>>>>     for
>> >>>>>>>>>>     this year. If you come up with a different level of
>> additional
>> >>>>>>>>     guarantee or
>> >>>>>>>>>>     the CC objects I will have to go back to the board and ask
>> them to
>> >>>>>>>>     adapt the
>> >>>>>>>>>>     motion subsequently.
>> >>>>>>>>>>
>> >>>>>>>>>>     Darrell has suggested, in a separate mail in this thread,
>> that the
>> >>>>>>>>>>     additional ‘legal’ paras are standard clauses, unless
>> someone else
>> >>>>>>>>     objects I
>> >>>>>>>>>>     am happy to forward the agreement (with additional
>> guarantee
>> >>>     amended)
>> >>>>>>>>     to the
>> >>>>>>>>>>     board for approval.
>> >>>>>>>>>>
>> >>>>>>>>>>     Darrell also raised the question of how OSGeo can limit
>> it’s
>> >>>     liability
>> >>>>>>>>     in
>> >>>>>>>>>>     the event that the PCO or the LOC undertakes irrevocable
>> >>>     commitments in
>> >>>>>>>>>>     excess of the agreed sum. My understanding is that the
>> agreement is
>> >>>>>>>>>>     primarily between OSGeo and the PCO with the LOC acting as
>> our
>> >>>     agent,
>> >>>>>>>>     the
>> >>>>>>>>>>     PCO by signing this agreement accepts that OSGeo liability
>> is
>> >>>     limited
>> >>>>>>>>     to
>> >>>>>>>>>>     $115k (or whatever sum we agree) and will take necessary
>> steps
>> >>>     (i.e.
>> >>>>>>>>>>     insurance to mitigate any risks). While we there is some
>> >>>     uncertainty
>> >>>>>>>>     about
>> >>>>>>>>>>     the enforceability of this agreement or its outcome, it is
>> a lot
>> >>>>>>>>     better than
>> >>>>>>>>>>     we had previously where nearly everything was done on the
>> basis of
>> >>>     a
>> >>>>>>>>>>     ‘gentleman’s agreement’ - that said, so far no global
>> FOSS4G has
>> >>>     had
>> >>>>>>>>     to call
>> >>>>>>>>>>     on OSGeo to bail them out.
>> >>>>>>>>>>
>> >>>>>>>>>>     I have copied the Board into this mail so that they are
>> fully
>> >>>     aware of
>> >>>>>>>>     the
>> >>>>>>>>>>     background and our discussions.
>> >>>>>>>>>>
>> >>>>>>>>>>     Cheers
>> >>>>>>>>>>
>> >>>>>>>>>>
>> >>>>>>>>>>     ______
>> >>>>>>>>>>     Steven
>> >>>>>>>>>>
>> >>>>>>>>>>
>> >>>>>>>>>>     On 8 Mar 2016, at 20:42, Michael Terner <mgt at appgeo.com>
>> wrote:
>> >>>>>>>>>>
>> >>>>>>>>>>     Totally fair questions. Here's where these things came
>> from:
>> >>>>>>>>>>
>> >>>>>>>>>>     Regarding the "advance" and the guarantee: We followed the
>> form of
>> >>>     how
>> >>>>>>>>>>     Bonn was setup. In the Bonn template "schedule" that was
>> shared
>> >>>     with us
>> >>>>>>>>>>     there was $57,500 for the "advance" and $57,500 for the
>> "additional
>> >>>>>>>>>>     guarantee". Then the schedule identified $115,000 for the
>> "Maximum
>> >>>>>>>>     total
>> >>>>>>>>>>     OSGeo financial exposure.".  The previous threads had
>> identified
>> >>>     our
>> >>>>>>>>     total
>> >>>>>>>>>>     "maximum advance" as $70,000 (that we would seek in two
>> >>>     installments).
>> >>>>>>>>     Since
>> >>>>>>>>>>     the "additional guarantee" had not been discussed
>> explicitly I
>> >>>>>>>>     followed the
>> >>>>>>>>>>     "Bonn model" and had the additional guarantee match the
>> advance
>> >>>>>>>>     payment,
>> >>>>>>>>>>     i.e., the $70,000; for a total exposure of $140,000. If
>> that's not
>> >>>>>>>>>>     appropriate, or the "additional guarantee"; or "total
>> exposure"
>> >>>     needs
>> >>>>>>>>     to
>> >>>>>>>>>>     back down we will figure it out with your guidance.
>> >>>>>>>>>>     Regarding the "legal" language: In reviewing the Bonn
>> agreement we
>> >>>     were
>> >>>>>>>>>>     both pleased and a little surprised that there weren't
>> more "terms
>> >>>     and
>> >>>>>>>>>>     conditions". We're all for simplicity and clarity. That
>> said, our
>> >>>     PCO,
>> >>>>>>>>>>     Delaney Meeting & Event Management (DMEM) made these
>> suggestions as
>> >>>>>>>>     they
>> >>>>>>>>>>     will be a signatory to the agreement. In short, these are
>> common
>> >>>     sense
>> >>>>>>>>>>     protections that are routine in almost all contracts. We
>> certainly
>> >>>>>>>>>>     understand and respect your potential need to have
>> additional
>> >>>     review,
>> >>>>>>>>     and we
>> >>>>>>>>>>     certainly reviewed the language but did not feel that
>> engaging
>> >>>     legal
>> >>>>>>>>     counsel
>> >>>>>>>>>>     was necessary due to the fact that these clauses are so
>> commonplace
>> >>>>>>>>     (i.e., I
>> >>>>>>>>>>     have seen this language many times before) and because
>> they protect
>> >>>>>>>>     both
>> >>>>>>>>>>     parties to the agreement. Here's my layman's summary of
>> what they
>> >>>     mean
>> >>>>>>>>     and
>> >>>>>>>>>>     why they are important (and this is in no way is designed
>> to
>> >>>     dissuade
>> >>>>>>>>     you
>> >>>>>>>>>>     from getting the reviews OSGeo thinks are necessary):
>> >>>>>>>>>>
>> >>>>>>>>>>     Mitigation Clause/Force Majeure: If something terrible and
>> beyond
>> >>>     the
>> >>>>>>>>>>     control of either of us happens (e.g., crazy weather;
>> terrorism
>> >>>     that
>> >>>>>>>>     locks
>> >>>>>>>>>>     down travel; etc.) that causes the event to be cancelled
>> late in
>> >>>     the
>> >>>>>>>>     game,
>> >>>>>>>>>>     there is a means to do that. As per later in the document,
>> we will
>> >>>     have
>> >>>>>>>>>>     "cancellation insurance" so that if this happens neither
>> party
>> >>>     loses
>> >>>>>>>>     already
>> >>>>>>>>>>     spent $'s.
>> >>>>>>>>>>     Indemnification: Is a mutual protection that if either
>> party is
>> >>>     acting
>> >>>>>>>>     in
>> >>>>>>>>>>     bad faith or shows negligence or blatant incompetence,
>> that causes
>> >>>>>>>>     damage
>> >>>>>>>>>>     and as a result the other party (i.e., the one that did
>> not cause
>> >>>     the
>> >>>>>>>>>>     problem) is sued, the party at fault is responsible for
>> those
>> >>>     damages
>> >>>>>>>>     and
>> >>>>>>>>>>     must indemnify the non-responsible party.
>> >>>>>>>>>>     Arbitration: If there is a dispute, this clause indicates
>> that it
>> >>>     will
>> >>>>>>>>     be
>> >>>>>>>>>>     resolved through arbitration, as opposed to a lawsuit.
>> Arbitration
>> >>>     is
>> >>>>>>>>>>     generally a quicker and less costly process (at least in
>> the USA).
>> >>>>>>>>>>     Event insurance: We will obtain insurance to cover both
>> >>>     cancellation
>> >>>>>>>>>>     exposure and liability that may result from this event.
>> This is
>> >>>>>>>>     commonplace
>> >>>>>>>>>>     and our PCO is familiar with these types of policies and
>> affordable
>> >>>>>>>>     means of
>> >>>>>>>>>>     obtaining them. These costs are included in our budget.
>> >>>>>>>>>>
>> >>>>>>>>>>     Even with these additions, this agreement remains very
>> lean.
>> >>>>>>>>     Obviously, we
>> >>>>>>>>>>     do not want to add unnecessary complexity or slow things
>> down.
>> >>>     Rather,
>> >>>>>>>>     our
>> >>>>>>>>>>     intent is to have a solid agreement that protects both
>> parties and
>> >>>>>>>>     helps to
>> >>>>>>>>>>     cement a productive and collaborative partnership.
>> >>>>>>>>>>
>> >>>>>>>>>>     Please let us know if there's any other information you
>> require; or
>> >>>>>>>>>>     anything else we can do to clarify things. If this needs
>> more
>> >>>     thorough
>> >>>>>>>>     and
>> >>>>>>>>>>     time consuming review we regret that, but also accept it.
>> >>>>>>>>>>
>> >>>>>>>>>>     Please let us know what comes next, and in particular
>> whether we
>> >>>     should
>> >>>>>>>>>>     revise our request for the size of the "additional
>> guarantee".
>> >>>>>>>>>>
>> >>>>>>>>>>     Thanks to all for the work you're putting into this...
>> >>>>>>>>>>
>> >>>>>>>>>>     MT
>> >>>>>>>>>>
>> >>>>>>>>>>
>> >>>>>>>>>>
>> >>>>>>>>>>     On Tue, Mar 8, 2016 at 3:04 PM, Steven Feldman <
>> >>>     shfeldman at gmail.com>
>> >>>>>>>>>>     wrote:
>> >>>>>>>>>>>     Michael
>> >>>>>>>>>>>
>> >>>>>>>>>>>     The overall guarantee including seed funding is $140k - I
>> do not
>> >>>>>>>>     recall
>> >>>>>>>>>>>     this high a number being advised previously. Could you
>> clarify.
>> >>>>>>>>>>>
>> >>>>>>>>>>>     While I do not have any fundamental disagreement with the
>> clauses
>> >>>     that
>> >>>>>>>>>>>     you have added at the end, they will need to be reviewed
>> by
>> >>>     someone
>> >>>>>>>>     more
>> >>>>>>>>>>>     legally qualified than me which may incur both costs and
>> delay.
>> >>>>>>>>>>>     ______
>> >>>>>>>>>>>     Steven
>> >>>>>>>>>>>
>> >>>>>>>>>>>
>> >>>>>>>>>>>     On 8 Mar 2016, at 16:43, Michael Terner <mgt at appgeo.com>
>> wrote:
>> >>>>>>>>>>>
>> >>>>>>>>>>>     Conference Dev Committee:
>> >>>>>>>>>>>     Thank you very much for your support of the motion to
>> provide our
>> >>>     team
>> >>>>>>>>>>>     seed funding.
>> >>>>>>>>>>>
>> >>>>>>>>>>>     As promised earlier in the thread, attached is a "draft
>> agreement"
>> >>>>>>>>>>>     between OSGeo and the Boston Location Organizing Committee
>> >>>     (BLOC), as
>> >>>>>>>>     well
>> >>>>>>>>>>>     as with our PCO, Delaney Meeting & Event Management
>> (DMEM). We are
>> >>>>>>>>     hopeful
>> >>>>>>>>>>>     that this is on target and can be passed on to the Board
>> in time
>> >>>     for
>> >>>>>>>>     their
>> >>>>>>>>>>>     meeting on Thursday. We are assuming that Conference Dev
>> will
>> >>>     bring
>> >>>>>>>>     this to
>> >>>>>>>>>>>     the Board's attention.
>> >>>>>>>>>>>
>> >>>>>>>>>>>     Here's what you will find in the attached document
>> (attached as
>> >>>     .DOC,
>> >>>>>>>>>>>     .ODT and .PDF):
>> >>>>>>>>>>>
>> >>>>>>>>>>>     Our re-work of the Bonn Template Agreement to include our
>> specific
>> >>>>>>>>>>>     requests for advance and guarantees; as well as our
>> "percentage of
>> >>>>>>>>     profits
>> >>>>>>>>>>>     returned to OSGeo" language that was also contained in our
>> >>>     proposal
>> >>>>>>>>     (and is
>> >>>>>>>>>>>     slightly different than 90%).
>> >>>>>>>>>>>     Some common-sense legal terms that were suggested by DMEM
>> for
>> >>>     things
>> >>>>>>>>     like
>> >>>>>>>>>>>     Force Majeur, mutual indemnification and arbitration of
>> disputes.
>> >>>     We
>> >>>>>>>>     also
>> >>>>>>>>>>>     affirm our commitment to purchase our own cancellation and
>> >>>     liability
>> >>>>>>>>>>>     insurance.
>> >>>>>>>>>>>     Attachment 1 which is structured as a PCO contract
>> between OSGeo
>> >>>     and
>> >>>>>>>>     DMEM
>> >>>>>>>>>>>     on behalf of the BLOC, allowing DMEM to serve as our
>> financial
>> >>>     agent
>> >>>>>>>>     and as
>> >>>>>>>>>>>     the entity that would sign the commitment with our venue
>> (this was
>> >>>>>>>>>>>     distributed earlier).
>> >>>>>>>>>>>
>> >>>>>>>>>>>     Given the nature of this arrangement we have three
>> signature
>> >>>     lines for
>> >>>>>>>>>>>     OSGeo, the BLOC, and also DMEM, on behalf of the BLOC.
>> >>>>>>>>>>>
>> >>>>>>>>>>>     Please let us know if you have any question, or need
>> anything
>> >>>     further.
>> >>>>>>>>>>>     And again, thanks in advance for carrying this forward to
>> the
>> >>>     Board.
>> >>>>>>>>>>>     Sincerely,
>> >>>>>>>>>>>
>> >>>>>>>>>>>     MT & the BLOC
>> >>>>>>>>>>>
>> >>>>>>>>>>>
>> >>>>>>>>>>>
>> >>>>>>>>>>>     This e-mail message and any attachments may contain
>> confidential
>> >>>     or
>> >>>>>>>>>>>     legally privileged information. If you are not an intended
>> >>>     recipient
>> >>>>>>>>     or
>> >>>>>>>>>>>     otherwise authorized to receive this message, you should
>> not use,
>> >>>>>>>>     copy,
>> >>>>>>>>>>>     distribute, disclose or take any action based on the
>> information
>> >>>>>>>>     contained
>> >>>>>>>>>>>     in this e-mail or any attachments. If you have received
>> this
>> >>>     message
>> >>>>>>>>     and
>> >>>>>>>>>>>     material in error, please advise the sender immediately
>> by reply
>> >>>>>>>>     e-mail and
>> >>>>>>>>>>>     delete this message. Thank you on behalf of Applied
>> Geographics,
>> >>>     Inc.
>> >>>>>>>>>>>     (AppGeo).<OSGeo + BostonLOC Agreement DRAFT v3.odt><OSGeo
>> +
>> >>>     BostonLOC
>> >>>>>>>>>>>     Agreement DRAFT v3.pdf><OSGeo + BostonLOC Agreement DRAFT
>> >>>>>>>>>>>     v3.doc>_______________________________________________
>> >>>>>>>>>>>     Conference_dev mailing list
>> >>>>>>>>>>>     Conference_dev at lists.osgeo.orghttp://
>> lists.osgeo.org/mailman/listinfo/conference_dev
>> >>>>>>>>>>     --
>> >>>>>>>>>>     Michael Terner
>> >>>>>>>>>>     Executive Vice President
>> >>>>>>>>>>     617-447-2468 Direct | 617-447-2400 Main
>> >>>>>>>>>>     Applied Geographics, Inc.
>> >>>>>>>>>>     24 School Street, Suite 500
>> >>>>>>>>>>     Boston, MA 02108
>> >>>>>>>>>>     www.AppGeo.com
>> >>>>>>>>>>     Please come to Boston for Global FOSS4G 2017:
>> >>>     http://2017.foss4g.org/
>> >>>>>>>>>>     This e-mail message and any attachments may contain
>> confidential or
>> >>>>>>>>>>     legally privileged information. If you are not an intended
>> >>>     recipient or
>> >>>>>>>>>>     otherwise authorized to receive this message, you should
>> not use,
>> >>>     copy,
>> >>>>>>>>>>     distribute, disclose or take any action based on the
>> information
>> >>>>>>>>     contained
>> >>>>>>>>>>     in this e-mail or any attachments. If you have received
>> this
>> >>>     message
>> >>>>>>>>     and
>> >>>>>>>>>>     material in error, please advise the sender immediately by
>> reply
>> >>>>>>>>     e-mail and
>> >>>>>>>>>>     delete this message. Thank you on behalf of Applied
>> Geographics,
>> >>>     Inc.
>> >>>>>>>>>>     (AppGeo).
>> >>>>>>>>>>
>> >>>>>>>>>>
>> >>>>>>>>>     --
>> >>>>>>>>>     Michael Terner
>> >>>>>>>>>     Executive Vice President
>> >>>>>>>>>     617-447-2468 Direct | 617-447-2400 Main
>> >>>>>>>>>     Applied Geographics, Inc.
>> >>>>>>>>>     24 School Street, Suite 500
>> >>>>>>>>>     Boston, MA 02108
>> >>>>>>>>>     www.AppGeo.com
>> >>>>>>>>>     Please come to Boston for Global FOSS4G 2017:
>> >>>     http://2017.foss4g.org/
>> >>>>>>>>>     This e-mail message and any attachments may contain
>> confidential or
>> >>>>>>>>     legally
>> >>>>>>>>>     privileged information. If you are not an intended
>> recipient or
>> >>>>>>>>     otherwise
>> >>>>>>>>>     authorized to receive this message, you should not use,
>> copy,
>> >>>>>>>>     distribute,
>> >>>>>>>>>     disclose or take any action based on the information
>> contained in
>> >>>     this
>> >>>>>>>>>     e-mail or any attachments. If you have received this
>> message and
>> >>>>>>>>     material in
>> >>>>>>>>>     error, please advise the sender immediately by reply e-mail
>> and
>> >>>     delete
>> >>>>>>>>     this
>> >>>>>>>>>     message. Thank you on behalf of Applied Geographics, Inc.
>> (AppGeo).
>> >>>>>>>>>
>> >>>>>>>>>     _______________________________________________
>> >>>>>>>>>     Conference_dev mailing list
>> >>>>>>>>>     Conference_dev at lists.osgeo.orghttp://
>> lists.osgeo.org/mailman/listinfo/conference_dev
>> >>>>>>
>> >>>>>>     _______________________________________________
>> >>>>>>     Conference_dev mailing list
>> >>>>>>     Conference_dev at lists.osgeo.orghttp://
>> lists.osgeo.org/mailman/listinfo/conference_dev
>> >>>>>     _______________________________________________
>> >>>>>     Conference_dev mailing list
>> >>>>>     Conference_dev at lists.osgeo.orghttp://
>> lists.osgeo.org/mailman/listinfo/conference_dev
>> >>>>     _______________________________________________
>> >>>>     Board mailing list
>> >>>>     Board at lists.osgeo.orghttp://
>> lists.osgeo.org/mailman/listinfo/board
>> >>>     --
>> >>>     Yours sincerely,
>> >>>
>> >>>
>> >>>     ir. Dirk Frigne
>> >>>     CEO @geosparc
>> >>>
>> >>>     Geosparc n.v.
>> >>>     Brugsesteenweg 587
>> >>>     B-9030 Ghent
>> >>>     Tel: +32 9 236 60 18
>> >>>     GSM: +32 495 508 799
>> >>>
>> >>>     http://www.geomajas.orghttp://www.geosparc.com
>> >>>
>> >>>     @DFrigne
>> >>>     be.linkedin.com/in/frigne
>> >>>
>> >>>     _______________________________________________
>> >>>     Board mailing list
>> >>>     Board at lists.osgeo.orghttp://
>> lists.osgeo.org/mailman/listinfo/board
>> >>
>> >>
>> >>     _______________________________________________
>> >>     Board mailing list
>> >>     Board at lists.osgeo.orghttp://lists.osgeo.org/mailman/listinfo/board
>> >
>> >     _______________________________________________ Board mailing list
>> >     Board at lists.osgeo.org <mailto:Board at lists.osgeo.org>
>> >     http://lists.osgeo.org/mailman/listinfo/board
>> >
>> >
>> >
>> > _______________________________________________
>> > Board mailing list
>> > Board at lists.osgeo.org
>> > http://lists.osgeo.org/mailman/listinfo/board
>> >
>>
>> --
>> Yours sincerely,
>>
>>
>> ir. Dirk Frigne
>> CEO @geosparc
>>
>> Geosparc n.v.
>> Brugsesteenweg 587
>> B-9030 Ghent
>> Tel: +32 9 236 60 18
>> GSM: +32 495 508 799
>>
>> http://www.geomajas.org
>> http://www.geosparc.com
>>
>> @DFrigne
>> be.linkedin.com/in/frigne
>>
>> _______________________________________________
>> Board mailing list
>> Board at lists.osgeo.org
>> http://lists.osgeo.org/mailman/listinfo/board
>>
>
>
>
> --
> *Massimiliano Cannata*
>
> Professore SUPSI in ingegneria Geomatica
>
> Responsabile settore Geomatica
>
>
> Istituto scienze della Terra
>
> Dipartimento ambiente costruzione e design
>
> Scuola universitaria professionale della Svizzera italiana
>
> Campus Trevano, CH - 6952 Canobbio
>
> Tel. +41 (0)58 666 62 14
>
> Fax +41 (0)58 666 62 09
>
> massimiliano.cannata at supsi.ch
>
> *www.supsi.ch/ist <http://www.supsi.ch/ist>*
>



-- 
*Massimiliano Cannata*

Professore SUPSI in ingegneria Geomatica

Responsabile settore Geomatica


Istituto scienze della Terra

Dipartimento ambiente costruzione e design

Scuola universitaria professionale della Svizzera italiana

Campus Trevano, CH - 6952 Canobbio

Tel. +41 (0)58 666 62 14

Fax +41 (0)58 666 62 09

massimiliano.cannata at supsi.ch

*www.supsi.ch/ist <http://www.supsi.ch/ist>*
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