A Small World

Here's an insight into who I am, by golly. I spend 10-12 hours a day in this space, putting out an international news letter, digitally editing photographic images and making a little music now and then.

Can you find:

• Two photographs of my daughter?
• A photograph of my wife?
• A wood model of a WWII P-38?
• An Art Deco bronze statue?
• A 1960's Lava Lamp?
• A Yamaha keyboard?
• An HP multifunctional fax-printer-scanner-copier?
• A Canon i950 photo printer?
• A Microtek s400 scanner?

A Little Further Down the Road 

Down the Road Apiece

I find the mundane scenery within the walking distance radius of the house to be very interesting. I think I has to do with the fact that I'm from the east and living here in the desert is still a novelty.

Tucson is a 'low" city. Even multi-story buildings appear less tall than they are. There's also a certain desolation that comes with the absence of lush grass lawns. Very often it's difficult to tell the poorer neighborhoods from that that are comfortably well off.

Real Life

A Study in Contrasts

Here on the desert floor the vegitation is green while on the mountain above us, the snow is several feet deep.

Candy and I spent Saturday in the Emergency Room. The pain in her arm was too much for her to handle. After about 10 hours and an MRI the final E-room diagnosis is there a problem between vertibtae 5 and 6, where the nerves pass through from the inside of the spinal column and connect down her right arm. The hole through which the nerves pass is growing smaller. This has gone to the point where there is a pinching on the nerve.

We'll be talking to a specialist on Wednesday. In the meantime, Candy is heavily medicated for pain.

New Toy

It's a beautiful day in the neighborhood ...

I bought a little Sony CyberShot, 4.1 megapixel, point-and-shoot camera to use alongside the Canon 300D SLR. I plan to use it mostly for "street" shooting. The things that recommended the camera to me were the facts that:

1. It's physicaly pretty small. It fits easily in the palm of my hand or in my pocket and I can carry it with me where ever I go.
2. It's quiet. You don't get that barn-door slam that comes part and parcel with an SLR mirror. You can turn off the shutter beep, making the camera totally silent.
3. It's one of the least expensive 4 megapixel cameras on the market. It puts out decent resolution - though I think I'm going to have to buy a little more memory than the 16 Meg that comes with the camera.

The shot above is one of the first from the Sony. I shot it on the way back from one of the neighborhood community mail boxes - shooting from the hip.

The Man on the Bottom

Output from the Canon 300D. For purposes of web publishing, the camera doesn't really make much difference.

Commuter Hell

I shot this while we were still living in New Jersey. It's on the way home from the office in the Miata. I was using the Olympus 460-z that has since made it's way to the care of my son-in-law in the hope that he'll get hooked on photography. The Olympus C-700 that followed on the heels of the 460-z is now in the hands of the other son-in-law - along with the Miata.

From a recent chili cook off ...

Some times you eat the chili, sometimes the chili eats you.

Metamorphosis

Roots ... thank you Alex Haley.

Well, now! With the arrival of Hello and Picasa2 this blog just took a 90 degree turn. It's new stated purpose is a gallery for my photographic ego.

Memories

When my father was alive both my mother and I pressed him to record his memories; all those stories about being young and foolish before and during the Depression, about being in the Merchant Marine during the war, about teaching in the VA hospital about being a high school teacher ... all those stories that so often had a point of some sort - to be interjected into a conversation as a way of making the point more digestible and more memorable. He never did anything about it and I've felt the lesser for that fact.

I pressed my mother to embark on a similar project while she was alive, too. Nothing ever came of the thought except for a couple of voice activated tape recorders; one for each of them, bought about 10 years apart.

Now they are both gone and, except for some small anecdotes of theirs that I remember so imperfectly, their memories, insights and life's lessons with them.

I have started writing down all of my favorite stories; those little anecdotes taken from incidents in my life that I love to bring into a conversation to make a point - to make the point more digestible and more memorable. The outline is now about 15 pages long and I add new things as I think of them. At the same time, I'm doing a little literary back filling; writing out some of the memories as I go along.

If I don't capture these things, however unimportant they may be for the world, no one will. I want to give them to my daughter. When I'm gone they will be a nice reminder - a reminder I wish I had of my parents and their past.

I don't think it's out of ego. I think it's out of love for the future that will come through me and Alexandra and out of a respect for the past - and a fear of forgetting and being forgotten.

I am not a grand player on the stage of life. I have not been at the center of historic events, important discoveries or heroic deeds. But I have been here and I have seen the things I have seen. I have learned things from my mistakes and I have learned things from the mistakes of others. I think it's important to share those kinds of things.

On Adding Ads and Other Thoughts from an Insomniac

Just some personal Stuff

Fool that I am, I've added AdSense to the "Double Negatives" blog. It would be a moneymaker IF I actually had something to say. But that's right up there with "If we had ham we'd have ham and cheese sandwhiches, if we had cheese."

I'd hoped that some of the other people on my list would like to participate. McGowan seems to be the only one. I'm not sure that they have an intuitive access to posting ... there have been a couple added comment lines, though.
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I'd hoped Ali (daughter) would be able to spend Christmas here. That became impossible so, I hoped that Ali would be able to come in January. That's become impossible. She's new with her job and doesn't want to jeopardize it by asking for some time off. I'd sent her money for air fare. When she offered to send it back, I told her that she should keep it as a Christmas present. Buy some clothes or some furniture for her apartment.
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Candy (wife) has been in a great mood since she got some shots for her back pain. It had been getting progressively worse ... to the point that it was impossible to contemplate going anywhere much beyond grocery shopping. We got an electronic gizmo that has electrodes for her back ... and electronic back massage in twenty minute cycles. We're saving that as we keep the effects of the shots under observation.

In the meantime, my blood sugar level is still elevated. I won't say that it's amusing to watch death creep into our lives but it is at least interesting. I've come to the conclusion that it is not death that I fear so much as the dieing. The process is the scary part.
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Contract Delights

The first draft of the new contract was a lawyers dream ... something that could be litigated for years.

My initial response to the 16 page wonder:

Pursuant to our phone conversation earlier this morning, here are my questions regarding the proposed contract and suggestions for contract modifications (absent my pithy remarks about the Declaration of Independence being only a single page document, 1/3 of which is devoted to signatures).

Page 1 Paragraph 1:
Are we talking about a single PO covering the full 12-month period or individual POs for each of the succeeding months?
If XXXXXX Company considers this a subscription service and we are doing this on the basis of POs, why do we need a 16-page contract? Does XXXXXX Company now require a 16-page agreement when purchasing a subscription from The Wall Street Journal?
Where is/are the PO(s)?

Page 3 Paragraph 6
Regarding Communication – I don’t think these paragraphs complicate the issue enough. I’ll get back to you with proposed modifications so convoluted that they render communication totally impossible.

Page 4 Paragraph 8 (and following pages)
Regarding Confidentiality – pages 14, 15 and 16 represent a separate Confidentiality Agreement. Should there be a conflict between these two Confidentiality agreements, which agreement will XXXXXX Company consider to be the binding agreement? Given that everything I do for XXXXXX Company involves materials obtained in the public domain, is this a moot point? Is it now a requirement in XXXXXX Company legal that all attorneys therein wear both belts and suspenders in order to ensure their pants don’t fall down?

Page 6 Paragraphs 9, 10 and 11
Work Product - Based on our conversation this morning I was left with the impression that XXXXXX Company’s intention is to structure our relationship predicated on a.) I am not an employee of XXXXXX Company and that I am a self employed contractor [all very agreeable]; and b.) that, as a result, I am free to peddle my services around the block [we discussed why this can not and will not happen – but it furthers neither XXXXXX Company nor me to include language defining the agreement as being in any way exclusive] – yet the legal department seems to see it as appropriate to include language that does just that – rendering what I do as part and parcel of an exclusive relationship. Should we ever find ourselves in court [heaven forbid], it would seem that for me to try to maintain that the relationship with XXXXXX Company was exclusive would be as deniable as if I characterized the relationship as non-exclusive based on. Legal gymnastics of this sort would prompt even the most obtuse Solomon to cut the baby in half. If there were ever language included in an agreement that would provide justification for employee status, Paragraphs 9, 10 and 11 would form the basis for making that case – most particularly in light of the public domain nature of the material.

Page 8 Paragraph 14 / Page 9 Paragraph 17
It is absurd for XXXXXX Company to require me to maintain insurances for liability, personal injury and property damage in 14 while at the same time requiring me to hold XXXXXX Company harmless from liability in 17. If XXXXXX Company wants to run my “business”, they should either buy me out and hire me as an employee or underwrite the costs of their requirements. If none of these options represent an agreeable course, then XXXXXX Company should be satisfied to be simply “held harmless”.

I was, of course, requested to tone down the sarcasm so that my comments could be shared with the legal department without starting WWIII. I came up with the following:

Here are my questions and concerns regarding the proposed contract and some suggestions. I hope we can resolve these issues to everyone’s satisfaction in short order. I certainly believe that to be possible.

Page 1 Section 1:
Are we talking about a single Purchase Order (PO) covering the full 12-month period or individual POs for each of the succeeding months or daily POs to cover each successive OPI Report?

If XXXXXX Company considers this a subscription service and we are doing this on the basis of POs, why do we need a 16-page contract? If the OPI Report is, in fact, going to be dealt with as a subscription service, not unlike the Wall Street Journal, wouldn’t it make more sense to base the relationship on Purchase Orders as it is with the other subscription service?

Where is/are the PO(s)?

Page 3 Section 6
Regarding Communication – I believe the more control XXXXXX Company insists on having over how I conduct the internal administrative functions of my business, the more I begin to look like an employee. I believe it would be sufficient to substitute language that says all substantive communication between us will be via certified or registered US Mail.

Page 4 Section 8 (and following pages)
Regarding Confidentiality – pages 14, 15 and 16 represent a separate Confidentiality Agreement. Should there be a conflict between these two Confidentiality agreements, which agreement will XXXXXX Company consider to be the binding agreement? Given that everything I do for XXXXXX Company involves materials obtained in the public domain and I have no access to anything at XXXXXX Company other than the database of public domain materials I maintain for XXXXXX Company, is this a moot point?

Page 6 Sections 9, 10 and 11
Work Product – It is my belief that our collective goal is to structure the relationship between XXXXXX Company and me as being predicated on (a.) I am NOT an employee of XXXXXX Company and that I am a self employed contractor; and (b.) that, as a result, I am free to peddle my services to other companies – yet the this document seems to include language that severely impedes that – rendering what I do as part and parcel of an exclusive relationship. It would seem that for me to try to maintain that my status with XXXXXX Company was exclusive and definable as an employee would be a point as easily made as if I characterized my status as non-exclusive and independent. I believe XXXXXX Company would be confronted by the same dilemma based on the language set forth within these and other sections of the agreement. If the object of this agreement is to make clear that I am an independent contractor who provides a specific service on a business to business basis, I believe this language coupled with language in other sections within the document which appear to speak to an exclusive relationship between XXXXXX Company and me only serve to undermine that premise.

Page 8 Section 14 / Page 9 Section 17
It is counter productive for XXXXXX Company to require me to maintain insurances for liability, personal injury and property damage in Section 14 (for reasons stated in the previous paragraph) while at the same time requiring me to hold XXXXXX Company harmless from liability in Section 17. If XXXXXX Company wants to run my “business”, they should either buy me out or hire me as an employee or directly sustain the costs of their requirements. If none of these options represent an agreeable course, then XXXXXX Company should be satisfied to be simply “held harmless”.

My basic premise here is that I am an independent contractor providing a very specific and specialized service. I maintain that XXXXXX Company secures other similar products and services, such as a subscription to the Wall Street Journal, by means of a simple Purchase Order and without benefit of a 16 page agreement defining how the publishers of the Wall Street Journal should administrate their internal affairs. Though defining the specifics of what that product and service XXXXXX Company expects makes sense in this agreement (or on a Purchase Order for that matter), I believe the more XXXXXX Company defines how I administrate the internal workings of my business, the harder it is to make the case that I am an independent contractor. Given that XXXXXX Company can disengage from the relationship with 15 days notice, for any reason what so ever, without further liability other than to pay for services accepted, I believe we are all far better served by keeping the agreement between us as simple and straightforward as possible. I believe the more demands and restrictions XXXXXX Company imposes in this agreement the more we undermine the premise of independent contractor status and the more we support the case that I am an employee.

In defining what I do with respect to XXXXXX Company as a “subscription service” I believe XXXXXX Company is obligated to deal with me in a manner consistent with its relationship with other “subscription services”. To do otherwise runs the risk of creating issues where none need exist.

The draft response was a nine page wonder that addressed some of the questions I raised. It's an agreement based on the previous versions that we've been using for the last year and a half. If there are no major changes of mind on their side between now and the formal final version is available, I think I might be able to sign their effort.

It will be nice to have a full year contract ... even if there is a cancellation clause in it.

Alexander

Well, we went to see the movie. It certainly wasn't as bad as the reviews made it out to be - but it wasn't a great and epic movie, either - though it had all kinds of pretentions to be just that.

Personally, I felt it was a casting error (challenge). The bleeched blond Irish dude simply didn't strike me as having the kind of charisma that would inspire men to folllow him to the ends of the earth.

The battle scenes (were there only two battles in seven years on the road?) were awsome. The first, against Darius, gave me for the first time a feeling that I knew the scale and scope of an ancient battle, of how the armies were arrayed, how they actually fought (much better staged in this regard than Braveheart, to be sure) and what the tactics looked like. The battle in India had more gratuitous bloodshed and was far less informative and enlightening for the effort.

Given we took in an afternoon showing at discounted prices of $5.50 a head (no discounts on the pop corn and soda - which actually cost us more than the tickets to the movie), I felt the first battle scene was worth the price of the flick.

Would love to have sat around over coffee or brandy or whatever for a post mortem (and there certainly was a fair share of mortem to go around).

Too bad about the blond dude, what's his name? He struck me as being more suited to a smaller screen. I liked him better in both Telephone Booth and Heart's War whre his characters were really quite credible. It was all too obvious that he couldn't fill Alexander's sandals, coming off more as being a little person filled with post teen angst and confusion than being a highly complex, emotionally torn conquerer of the known world. But then, maybe the conquest of the world was merely an overly dramatic cry for daddy's attention and approval after all.

We'll buy the DVD when it comes out and prices drop to about $14.95. I could stand to watch it again, now and then - but Band of Brothers would probably get more frequent rotation on my hit list of war movies.

Unhealthy Insurance

Fell off COBRA effective yesterday. We now have "affordable" health insurance from BCBSAZ. Interesting how it works - the insurance / health care business. If you have insurance, you pay $17 for prescriptions that would cost you $84 if you don't have insurance (even thought we have no prescription benefit). It'll be some time before we hit out five kilobuck deductible. The system is structured specifically to hold down those who are already down. Also, having insurance affords one cut rates on visits to the doctor as well. How much is health care? If you have to ask, you can't afford it. Fortunately, I see it as a relatively minor thing for us, however, my heart goes out to those who are really "going it alone".

Out of pocket cost of a visit to a doctor's office - granted, a specialist,
but it points out a severe inequity:

• With company insurance policy: $15 co-pay
  
• With private insurance: $165
  
• W/Out Insurance: $325
  

a reason to withstand corporate humiliation handed out by bone headed bureaucrats... they pay for the privelege.

There is an argument that would suggest that an unintended consequence of current health care system profit structures will be socialized medecine. It is little wonder that so many people don't have health care insurance, preferring instead to let the state take care of it via Medicare and Medicade and the passage of laws that hold hospitals liable for providing "free" health care to those who can't afford it.

A doctor of our acquaintence complained that malpractice insurance caused him to close his practice and retire (in his 40s) - he said that it was breaking him. Interesting to note that, following the closure of his practice he took a six month vacation before retiring to his new home in the Caribbean. Is there something about this that strikes you as ... odd?

Contract Time

The contract has arrived. It's been modified .. oh, how it's been modified! First, to the good. The contract has been changed to an annual renewal cycle from the original six months cycle. The bad news is that the new version was assembled by emptying a wastebasket full of boilerplate into an agreement format and throwing it at me to see if I noticed anything smelly about it.

1. The first paragraph of the 16 page document announces that I am a subscription service and that the company will arrange to buy the output of my services by means of a Purchase Order. If we are going to use a purchase order, why do we need a 16 page document?
   
2. A second and related question that is unanswered in the grey ambiguities is are we talking about a single, blanket PO to cover the twelve month period or are we anticipating twelve purchase orders, one fir each successive month?
   
3. The agreement outlines provisions for communication so convoluted as to make communication totally impossible.
   
4. and on and on and on ...
   

Thought process like the one outlined in the agreement would have even the most obtuse Solomon cutting babies in half.

Is it now fashionable for corporate attorneys to wear both suspenders and a belt to keep their pants from inadvertently falling off?

I'm assembling my concerns and suggestions for modification - the original run at it involves some level of sarcastic humor and Bob thinks that to be a tad inappropriate. Must do a serious version that he can take to the legal department without, in his words, "starting World War III."

Walter Mitty