Re: [AGA-mcm] Fwd: Re: RE APC post and current efforts

["S. Hieber" <shieber@yahoo.com>]

Lots of things it might be nice to have but. . . quite a
few "buts. The main one being that there isn't much we can
do even if we have a contract in hand.

Normally, ime, in serious business, when a request for
proposals (RFP) is issued, a form included for prospective
responders to use as there submission document. The
submitted form, already signed by the submitter constitutes
a form of contract upon submission -- if the RFP is
accepted and executed by the requester, it is then a fully
binding contract -- signed sealed and deliverd, as they
say.

If the terms are not specifically known and expressed in
the RFP, so that the terms will be have to be subject to
negotiation, then the contract comes later, but failure to
negotiate would mean the proposal was not submitted in good
faith and could make the submitter liable for damages --
but hard to fight in court -- they just have to disagree
enough in neogtiations that an accord cannot be reached.

We can put language in the requirements and guidelines doc
that might impress prospective proposers with the
seriousness of submitting a proposal, but if a local club
felt it had to back out, I don't know what we could do
about it by any practical means. Any fees or penalties, it
seems to me, would be likely to cause bad blood and bad
word of mouth.

Having a signed agreement makes it easier to demonstate in
court that an agreement was reached -- but I doubt we'd
ever carry things that far. I suspect that if a written
contract gets very complicated, we could spend months
negotiating this or that clause or even scare a host club
away.

What AGA has done -- last year specifically anyway is write
to the rep for the host club stating that the club's
proposal has been accepted by the AGA subject to --- and
then list any necessary conditions that weren't spelled out
in the proposal (like e.g., in the 2004 doc they left out
what the split would be so I listed 50/50 split of all
revenues and expenses) *and* ask for the host club to
indicate it's understanding and acceptance. If the club
does so, then I believe that constitutes a contract in any
of the 50 states.

If we want to bind the proposer, then the first words in a
proposal should be " [local club name] hereby proposes and
offers to furnish, subject to the terms stated herein, the
services described herein. And then we should note in the
requirements that a proposal canot be deemed responsive
tothe RFP unless it is submitted bearing the signature of 
someone authorized by the club to execute contracts for and
on its behalf.

All yucky stuff that takes some of the fun out of having a
convention, huh?

But even then, if they fail to perform, and the members
quit the club, who do you go after?

sh

---  Mike Hellweg <mhellweg511@charter.net> wrote:
> I didn't really read all of the convention proposal
> document, but shouldn't 
> there be some sort of legally binding contract signed by
> both the AGA and 
> the host club's representative after agreement/acceptance
> is reached on 
> their proposal?
> 
> 


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