RLSC MOU Working Group Notes from a Conference Call July 10, 2006

We reviewed the draft MOU from our previous meeting, made several revisions, discussed making a presentation to Council, and further refined "next steps" via email.

ACTION: Helmer will revise list of MOU concepts (below).

NEXT STEPS:

• July 13, 2006: Presentation of concepts to Council
• July 2006: Consultation with Ed McFarlane & Carl Vance
• August 2006: Review of concepts by RLSC Leadership Group (by email, if no meeting scheduled during this time)
• September 7, 2006: Review of concepts by Executive Committee
• September 2006: Distribution to Council
• October 5, 2006: Review and approval of concepts by Council
• Late 2006: legal language finalized through review by Linfield, UO, State of Oregon, & State of Washington
• Early 2007: Distribution of signature copies (or return to RLSC Leadership Group and Council if significant new issues are discovered.)
  

Draft MOU Concepts

Note: Areas that changed significantly since the previous draft are indicated in red.

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, [institution name] is designated as a

___ member & depositor, or

___ member only

as defined in Section XX.

1. 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.

[Question: should the RLSC MOU address the role of Orbis Cascade Alliance MOU?]

2. 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.”

3. 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?]
• [Linfield College: specified in lease agreement?]

4. 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.

5. Financial

• Orbis Cascade Alliance Council determines fee structures.
• Decisions to build and fund additional work areas or storage modules are determined by Council in consultation with UO and Linfield College.
• Funds that member institutions have invested in RLSC cannot be recovered upon withdrawal of collections or change in membership status.

6. Reallocating or subleasing storage space

Members must receive Council permission and approval of terms and conditions prior to temporary subleasing or permanent reallocation of storage space.

7. Withdrawal of Collections

• Withdrawals are subject to shared collections agreements.
• Limited withdrawal of collection
  • Members may withdraw collections to a limited degree.
• Major withdrawal of collections
  • Major withdrawal is defined as the removal of more than 500 deposited items over the course of 12 months.
• Notification period: the Alliance must be notified six months prior to any proposed major withdrawal.
• The process, timing, and cost of withdrawing collections are subject to Council approval.
• All labor and material costs associated with major withdrawal may be borne by the withdrawing member.

8. 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 is determined by Council.

9. Human resources

• RLSC staff are employees of the UO as described in the Orbis Cascade Alliance MOU.
• Linfield personnel may conduct work subject to service agreement between UO and Linfield College.

10. Risk management

11. Dissolution

In the event of the dissolution of the RLSC, collections will be returned to the owning depositors. All other assets will be distributed to institutions that are members at the time of dissolution, in amounts to be determined by the Council.

12. Additional legal topics

• Force majeure
• Jurisdiction
• etc.

Signature block

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