ACQNET v7n026 (August 5, 1997) URL = http://www.infomotions.com/serials/acqnet/acqnet-v7n026 ISSN: 1057-5308 *************** ACQNET, Vol. 7, No. 26, August 5, 1997 ======================================== (1) FROM: P. Wallace SUBJECT: Hawaii Contract with Baker & Taylor Terminated (79 lines) (2) FROM: P. Wallace SUBJECT: Bart Kane Gets 6 Months (to improve) (38 lines) (3) FROM: K. Walker SUBJECT: Baker & Taylor Refutes Hawaii's Claims (76 lines) (1)---------------------------------------------------------------- Date: Sun, 27 Jul 1997 18:25:08 -0400 (EDT) From: Pat Wallace Subject: Hawaii Contract with B&T Terminated http://www.hcc.hawaii.edu/hspls/pr970711.html State Librarian To End Book Contract HSPLS News Release 98-01: July 11, 1997 Paul H. Mark - Information Specialist State Librarian Bart Kane today notified Baker & Taylor, Inc. that the Hawaii State Public Library System will cancel the book-buying contract, citing nine areas of default. The nine areas of default are: 1) response to profiles; 2) library materials for the Library for the Blind and Physically Handicapped; 3) award books; 4) standing orders; 5) best sellers; 6) children's book selections; 7) young adult book selections; 8) reference books and 9) Hawaiiana books. Kane notified Baker & Taylor, Inc. that his decision on defaults is final and conclusive, unless Baker & Taylor files suit in the State of Hawaii Circuit Court within six months of the written notice. Also, Kane notified Baker & Taylor that the proposed termination of the contract for default permits them to cure the defaults within a 10-day period from the written notice, or the contract is terminated. Baker & Taylor was also notified that if a court of competent jurisdiction determines that the Hawaii State Public Library System had no right to terminate the Baker & Taylor contract for default, then the Hawaii State Public Library System will terminate the contract for convenience. ***************************************************************** The letter Kane handed to Baker & Taylor yesterday cited nine areas of default: **Library profiles were not used to select quality materials in appropriate quantities. **As of May 22, less than 20 percent of 461 books for the Library for the Blind and Handicapped for fiscal year 1997 had been received. Of the books received, 57 percent included videos without closed captioning or regular, not oversized print, books. **Fourteen percent of award books--among them Nobel, Pulitzer and Newberry Winner books--have not been delivered. **Seventy percent of standing orders--mostly reference books that every library needs on a regular basis and which are replaced annually or quarterly, such as the Physicians's Desk Reference--had not been delivered as of June 30. **Bestsellers were not provided two days after they appear in bookstores here nor in quantities requested by Hawaii libraries. **Children's selections received were far below numbers requested. **Young adult selections were not of satisfactory quality and did not arrive in a timely manner nor in sufficient quantities. **Only 40 percent of reference books required by the contract for fiscal year 1997 were delivered; only 58 percent for fiscal year 1996 have been sent. **Selections of Hawaiiana materials have been slow to arrive and of poor quality. From: "Notice of Determination of Default," Bartholomew A. Kane, Hawaii State Librarian to Margaret A. Nordstrom, Baker & Taylor, Charlotte, NC via telecopier. Cc to B & T General Counsels in Bridgewater and Somerville, NJ (12 pages) >From Patricia Wallace Chair, Hawaii Working Group American Library Association Social Responsibilities Round Table Alternatives in Print Task Force (2)---------------------------------------------------------------- Date: Sun, 27 Jul 1997 18:48:28 -0400 (EDT) From: Pat Wallace Subject: Bart Kane gets six months (to improve) Honolulu Star-Bulletin Friday, July 25, 1997 Kane Gets 6 Months BOE says he must clean up book-buying mess, win staff's respect By Debra Barayuga "State librarian Bart Kane has six months to clean up the mess surrounding the controversial Baker & Taylor book contract and try to earn back the respect of his employees. The state Board of Education early today voted 11 to 2 in favor of retaining Kane for the next six months, provided he meets certain conditions... The decision to retain Kane came after the board deliberated for more than three hours behind closed doors, following a slew of testimony from librarians and concerned citizens who strongly opposed Kane's reappointment. By the time the board made its decision at 12:55 a.m ... the subdued group of librarians filed quietly out of the room after the decision." Conditions to be met: --settle all issues surrounding the Baker & Taylor contract dispute --come up with an administrative plan to address selection and processing of books --improve communication within the library system ***************************************************************** Patricia Wallace American Library Association Social Responsibilities Round Table Alternatives in Print Task Force Chair, Hawaii Working Group (3)---------------------------------------------------------------- Date: Thu, 31 Jul 1997 16:48:13 -0400 (EDT) From: Kimberley Walker (Baker & Taylor) Subject: Baker & Taylor refutes Hawaii claims BAKER & TAYLOR REFUTES HAWAII LIBRARY CLAIMS OF CONTRACT July 24, 1997--Charlotte Baker & Taylor officials today challenged the Hawaii State Public Library System (HSPLS) contention that B&T had defaulted on its outsourcing contract, and charged State Librarian Bart Kane with trying to cancel the contract out of "political necessity." In a strongly worded letter to Kane this week, B&T outlined in detail how it complied with its obligations under the outsourcing contract, reinforcing its earlier position stated in letters delivered to Kane in March. B&T also responded to these same concerns in its response to the findings of the Board of Education Blue Ribbon panel, which were released in June. "This outsourcing contract has turned into a political football, and Bart Kane wants to use Baker & Taylor as a scapegoat to cover its fatal flaws in the HSPLS outsourcing model and the failure of the HSPLS to meet its own obligations under the contract," said Arnie Wight, senior vice president of Baker & Taylor. "HSPLS and the other state agencies involved have ignored the facts and have alleged 'defaults' that simply do not exist as an excuse to cancel the contract," said Wight. "We intend to challenge the termination of this contract on these false grounds, and if necessary we will take legal action to seek compensation from the state if they adhere to their decision to cancel the contract for convenience." "We have substantial documentation proving that the most troubling issues with the outsourcing contract-including alleged delays in shipments and problems with book selection-can be attributed directly to decisions made by the HSPLS staff or failures by the HSPLS to provide information to B&T as required under the contract. The contract was a failure because HSPLS and its leadership were unprepared to carry out their responsibilities." Wight said Baker & Taylor had made every effort to work with the HSPLS and the Hawaii Board of Education to modify the contract or to cancel it in a manner that satisfies both parties and provides the best outcome for Hawaii's library patrons. B&T officials met with HSPLS staff and representatives of the attorney general's office as recently as July 11 to work out a resolution. Unfortunately, HSPLS was unwilling to work with B&T to reach a reasonable resolution, and on July 11 issued a letter listing additional alleged defaults. Even though that letter allowed B&T ten days to "cure" these alleged defaults, Kane announced to the media almost immediately his intention to terminate the contract. "The fact is there are no defaults to cure, and Mr. Kane knows it," said Wight. "We will prove--in the courts if necessary--that this is a wrongful termination of the contract. In doing so, we will expose the multitude of problems that can be attributed directly to HSPLS management and its administration of the contract." Wight added, "We acknowledge the state had a right to end the contract for its convenience even though Baker & Taylor is not in default. However, the State will have to honor its obligations because Baker & Taylor will not take the fall for HSPLS." In correspondence with the HSPLS and the Board of Education over the past nine months, B&T outlined a number of specific problems with the outsourcing model designed by HSPLS, and provided numerous recommendations for improving the model and the operations of the contract. Wight said all of these concerns and recommendations were ignored. He said B&T has exhaustive documentation and factual data that will prove that HSPLS was involved in and approved the decisions that are now being called defaults. Wight said Baker & Taylor, which has successfully implemented other outsourcing contracts, remains committed to the concept of outsourcing, and intends to continue working with other library customers to determine the unique requirements that will support the needs of the library patrons while creating a more efficient and cost-effective system. ****** END OF FILE ****** ACQNET, Vol. 7, No. 26 ****** END OF FILE ******