Date: Mon, 31 Mar 2003 10:45:15 -0500
From: Marsha J. Hamilton (Ohio State U.) <hamilton.8_at_osu.edu>
Subject: Re: ACQNET: Contracts with Vendors
It's difficult to respond to this question without seeing exact wording
of
the contract your vendor wishes you to sign.
I highly recommend before signing any contract, you check with your
governing body's legal counsel. Legal counsel can review wording to
make
sure it doesn't lock your library into commitments that will haunt you
later. Your counsel may recommend against signing, in which case you
can
go back to the vendor and recommend an MOA that may specify discounts or
services provided for differing levels of activity but doesn't commit
you
to maintain a set level. Legal consultation also means you are not in
the
position of determining the "right" decision alone. Undoubtedly, the
vendor had lawyers write/review the contract they want you to sign.
We don't sign contracts or MOA's in the Monographs Dept. (firm orders
and
approvals) that specify a minimum level of business. [Specialized
gathering plans state the maximum dollar we wish to spend annually]. We
sometimes state an anticipated level of activity based on past
performance
but say this is no way commits us to maintain that level. The reason is
that our needs, budgets, and the level of service provided by the vendor
may change over the period of the MOA. If funds are cut substantially,
we
must retain flexibility to address reallocation of resources to meet our
needs.
IMHO, reputable vendors attempt to provide good service to all their
accounts, although larger accounts have more leverage in negotiating
discounts. I doubt ongoing service on an account is negatively affected
by
individual MOA language (or lack of MOA), unless provision of additional
services is stated in your contract. Vendors want your business. It is
counter-productive to give you bad service -- they may still hope to
sign
you in the future.
Review by legal counsel is good insurance.
Marsha Hamilton
Date: Mon, 31 Mar 2003 09:28:53 -0700
From: Nancy Hill (U. of TX El Paso) <nhill_at_LIBR.UTEP.EDU>
We haven't signed or been asked to sign such an agreement. But one
thought:
what if you sign and then your acquisitions funds
get frozen or reduced due to across-the-board budget cuts?
Nancy Hill
Head, Acquisitions & Cataloging
University of Texas at El Paso
500 W. University, El Paso TX 79968
915-747-6722
nhill_at_libr.utep.edu
===============================================================
Original message:
>Date: Tue, 25 Mar 2003 10:50:25 -0500
>From: Gretchen Gabbert (Las Vegas - Clark Co. Lib. District)
><gabbertg_at_LVCCLD.ORG>
>Subject: Contracts With Vendors
>
>We have recently been asked to sign a 3-year contract with our primary
>book vendor and will receive certain services and discounts only if we
>maintain a stated volume of business. In the past I have signed MOAs
for
>approval plans, but this is different.
>
>Have others been asked to sign similar contracts? Is this current
common
>practice? What happens if you do not sign? Have service and discounts
been
>affected, positively or adversely, if you do or do not sign?
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Received on Wed Apr 23 2003 - 19:05:27 EDT