[Eg-oversight-board] Fwd: draft agreement to send to MOBIUS

Fri May 18 18:58:44 EDT 2018

I just had a chance to look this over. I see a few issues:

5.1: Why would MOBIUS, or any organization that runs the conference, have to pay this fee? It is the Evergreen project's trademark, and, since MOBIUS is providing this service on behalf of the Evergreen project, the Evergreen project should simply license the use of the trademark without a fee.

5.4: This addresses Profit and makes sense, but what happens if, say, there is a terrorist attack next spring and the conference ends up losing money? Who would cover the loss? Or is that what the insurance is for?

5.5: This covers the initial payments, but the contract with the venue specifies additional payments at various intervals. Why are these subsequent payments not addressed in this agreement?

This is more general. There is an awful lot of language about the work MOBIUS is expected to perform when, in truth, my organization, PaILS, will be performing most of the work. Can this be addressed in the language of the agreement? Should PaILS also be a signatory? Or can this be addressed by a sub-agreement between MOBIUS and PaILS wherein PaILS agrees to perform these activities thereby protecting MOBIUS?

Scott

Scott Thomas
Executive Director
PaILS / SPARK
(717) 873-9461
scott.thomas at sparkpa.org

-----Original Message-----
From: eg-oversight-board [mailto:eg-oversight-board-bounces at list.evergreen-ils.org] On Behalf Of Mike Rylander
Sent: Friday, May 18, 2018 4:01 PM
To: Donna Bacon <donna at mobiusconsortium.org>
Cc: eg-oversight-board at list.evergreen-ils.org; karen at sfconservancy.org; evergreen <evergreen at sfconservancy.org>
Subject: [Eg-oversight-board] Fwd: draft agreement to send to MOBIUS

Hi Donna,

I am forwarding here the draft agreement that Karen Sandler from SFC has created to facilitate MOBIUS' assistance with the 2019 Evergreen conference.  Donna, as you'll see below, Karen invites you to communicate directly with her regarding final detail.  I believe this captures the intent of our plan and has all parties interest represented.  Thank you for your patience in this matter.

Karen, thank you again for all your help with this.  I, and the project, appreciate it greatly!

I am here to help in any way I can so feel free to contact me directly on on-list if I can be of further assistance, but my hope is to step out of the way so this can be finalized ASAP.

Thanks again, all!

--
| Mike Rylander
| President
| Equinox Open Library Initiative
| phone:  1-877-OPEN-ILS (673-6457)
| email:  miker at EquinoxInitiative.org
| web:    http://EquinoxInitiative.org

---------- Forwarded message ---------
From: Karen M. Sandler <karen at sfconservancy.org>
Date: Fri, May 18, 2018 at 3:51 PM
Subject: draft agreement to send to MOBIUS
To: evergreen <evergreen at sfconservancy.org>

Hi Mike and EOB!

Here's a draft agreement to send to MOBIUS. I'm attaching a libreoffice document and also a .pdf for convenience. I'm happy to also send a .docx if that's helpful.

As we've discussed, this agreement is written to codify the relationship that MOBIUS and Conservancy have as MOBIUS helps out the Evergreen project with its 2019 conference. I've put together the agreement as I've understand from you it should look, but of course I'm ready to make any edits that need to be made. There are still a few placeholders in the agreement we'll need to fill in, like the name and title of the signatory at MOBIUS. I'm on a plane today but I'll do my best to turn around a final version of the agreement quickly.

MOBIUS should feel free to contact me directly with any questions or comments they have and I'll keep the EOB in the loop. I'm only sending this via you as I'm not 100% sure who the right contact is at MOBIUS to send it to and I know we want to move quickly.

best,
karen

Karen M. Sandler
Executive Director, Software Freedom Conservancy __________ Become a Supporter today! http://sfconservancy.org/supporter/