RLSC MOU Working Group Notes from a Conference Call May 8, 2006

We reviewed the types of information needed in an MOU. Our initial sense is that the MOU should not include unnecessary detail, especially about aspects that may change over time. More detailed information will be included in formal policy documents adopted by Council, descriptions of workflow, descriptions of “best practices,” etc.

ACTION: Hanawalt will contact Paul Gehrman

ACTION: Helmer will contact PASCAL to seek a copy of agreement and explore conditions of host decision to discontinue lease.

ACTION: Helmer will revise list of MOU concepts (below) and arrange another conference call.

ACTION: Helmer will distribute documents received from ICOLC colleagues.

NEXT STEPS: A second conference call, presentation of concepts to Council in July, consultation with Ed McFarlane & Carl Vance, review by Linfield & UO, approval by Council.

Draft MOU Concepts

This understanding is made as of the date of last signature by and between _________________ , the Orbis Cascade Alliance (hereafter known as the “Alliance”), and the State of Oregon acting by and through the State Board of Higher Education on behalf of the University of Oregon (UO). For the purposes of this agreement, ________________ is designated as a ___ member & depositor OR ___ member only as defined in Section XX.

Establishment

The Regional Library Services Center (RLSC) is a program of the Orbis Cascade Alliance. Major elements of this program include:

• Building: office space, processing areas, reading and meeting space, high-density storage modules, and related spaces.
• Services: processing deposits, library material cleaning, storage, inventory control, shipping, preservation, digitizing and electronic delivery.

The Orbis Cascade Alliance governs RLSC and determines policies, the University of Oregon serves as fiscal agent. The RLSC facility is located on the campus of Linfield College in McMinneville, Oregon. In addition to this MOU, other agreements may describe services provided by Linfield and the terms of lease between UO and Linfield.

Note: should the RLSC MOU address the role of Orbis Cascade Alliance MOU? is it irrelevant? is it the primary agreement? is it only applicable where the RLSC MOU is silent?

Definitions

• Alliance: Orbis Cascade Alliance, a consortium of academic institutions.
• Council: the Orbis Cascade Alliance Council of library directors .
• RLSC: Regional Library Services Center, a program of the Orbis Cascade Alliance.
• Depositor: an Alliance member institution that reserves a specified portion of RLSC storage space for its collections
• Member: all Alliance member institutions. By definition, all “depositors” are also “members.”
• Major withdrawal: the removal of more than [number?] deposited items.
• [other legal or library terminology]

Subleasing storage space
Members must seek Council permission and approval of terms and conditions prior to subleasing storage space.

Rights and Responsibilities

• Each member complies with RLSC policies adopted by Council
• Each member may elect to participate in shared collection space and other optional services located at RLSC
• UO: as described in the Alliance MOU? more? different?
• Linfield College : specified in lease agreement

Ownership of collections
Each member retains ownership of library materials deposited at RLSC. The management of materials that form part of a shared collection
(e.g., journal archive) are governed by RLSC policies.

Financial

• Orbis Cascade Alliance Council determines fee structures
• Decisions to build and funding additional work areas or storage modules are determined by Council in consultation with UO and Linfield College

Withdrawal of Collections

• Limited withdrawal of collection: Members may repatriate collections to a limited degree as specified in RLSC policies
• Major withdrawal of collections

• Notification period [should be long, how long is possible?]
• The process and cost of withdrawing collections are subject to Council approval.
• All labor and material costs associated with withdrawal are borne by the withdrawing member.
• Funds that member institutions have invested in RLSC cannot be recovered upon withdrawal.
• Collections: subject to a shared collections MOU?

Governance

• Council determines all budgets and policies related to RLSC
• RLSC Advisory Board
• RLSC Advisory Board provides recommendations for Council decision.
• Charge, membership, and scope of RLSC Advisory Board responsibility is determined by Council
• Alternative: if specificity at the MOU level is desired then it could describe membership, for example
• All depositors must appoint one representative
• Council appoints two members that are not depositors to serve in “at-large” positions
• Council appoints a chair from among at-large and depositor representatives
• Council may appoint one member of the Orbis Cascade Alliance Executive Committee
• Council may appoint an Alliance staff member to in an ex-officio and non-voting capacity

Human resources

• Orbis Cascade Alliance MOU determines UO’s human resources role
• Linfield personnel may conduct work subject to service agreement between UO and Linfield College

Risk management

Dissolution
In the event of the dissolution of the RLSC, all assets will be distributed to institutions that are members at the time of dissolution, in amounts to be determined by the Council.

Additional legal topics

• Force majeure
• Jurisdiction
• etc.

Signature block

• FOR Member Institution: Library Director, President or designee
• FOR Orbis Cascade Alliance: Council chair, Executive Director
• FOR The State of Oregon, Acting By and Through the State Board of Higher Education, on Behalf of the University of Oregon: UO Dean of Libraries, UO Director, Business Affairs