Contract with Baker & Taylor

[Pat Wallace <DENWALL@AOL.COM>]

Forward from  Patricia D. Wallace,  Chair, Hawaii Working Group
(ALA Social Responsibility Round Table /Alternatives in Print Division)

From:   a librarian in Hawaii belonging to both HLA (ALA Chapter)
and  LAH (Librarians Association of Hawaii).
To:  Patricia Wallace <denwall@aol.com>
Date:  Jan. 27, 1997
Subject:  Contract with Baker & Taylor

I received a letter from Senator Marshall Ige on Friday.  As you may
recall he held a meeting of the Senate Committee on Government
Operations and Housing.  He sent a memo to Norman Mizuguchi,
President of the Senate.  The Committee "finds and recommends:"

        1.  Consider terminating the contract

        2.  Consider whether we can outsource and include the
expertise of local librarians regarding book selections, while
being able to purchase according to the existing contract

        3.  Recommend a financial and performance audit by the
legislative auditor

        4.  Obtain a legal opinion of the way the contract was set up

        5.  Conduct an investigation and report back on the language
of the procurement contract, Specifically:

The addendum to the General Terms and Conditions:

Page 6, 5.4 (d)
        The STATE may not withhold payment of particular charges
that it disputes.

Page 6, 6.1 (a)
        In addition to and including the delivery extension events and
excuse for non-performance referred to in Subsection (D) of Section
6.11 of the General Terms and Conditions, which the parties agree
will apply to the performance of all Services by Contractor under
the Contract, Contractor will not be liable for any failure to perform,
or delay in the performance of, the Services...

Page 15, 13.  CHALLENGES
        The parties agree that the STATE at its own expense will be
responsible for responding to any and all challenges, including
administrative or judicial, made by the public or the STATE'S
library patrons to the selection of library material provided under this
Addendum as part of the services, including attendance at meetings
and hearings relating to such challenges.

Aloha
Any opinions contained herein are strictly my own.
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