Memorandum of Understanding

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The party to this agreement is the El Paso Area Libraries (EPAL) Consortium, 812 N. Virginia, El Paso, in the state of Texas.

EL PASO AREA LIBRARIES ESTABLISHMENT AND GOALS 

It is the desire of EPAL to provide membership services to the District. It is the desire of the District to become a member in good standing of the consortium. 

1.1 El Paso Area Libraries (EPAL) is a consortium of publicly and privately funded institutions and libraries in the southwest.  Its mission is to enrich the collections, share the resources, enhance the services and strengthen support for its member institutions and the communities.  The mission is achieved through supporting a unified catalog of library resources, materials requests, and delivery system, and other activities that enable E-PAL and its members to provide library services efficiently and effectively. 

1.2 Start up funds for the EPAL project will be provided by member institutions either by cash funding, in-kind contributions, foundation, state and /or federal grants. 

1.3  E-PAL is based on integrated library system (ILS), which includes hardware and software, located at each member institution and a centralized administrative site, linked via the Internet, which in turn constitutes the automated union catalog system. 

1.4 Each member’s goal shall be to maintain and enhance a strong working relationship within the consortium.  All members shall support the goals and objectives as listed below.

a.  to provide public access to the consortium members’ catalogs, collections, databases, and other media.

b.  to support shared resource development and acquisition activities.

c.  to enhance cooperative electronic and physical document delivery of materials held by consortium member institutions.

d.  to provide access to electronic databases other than the member catalog to member institutions, their patrons, and the community at large.

e.  to support cooperative collection development activities by consortium member institutions. 

Cost:   The District agrees to pay $10,000, or $.50 a student for small organizations,  for the services and benefits accured to the membership of the consortium.

Term: The term of this agreement is the date when both parties have affixed their signatures. 

2.0 THE EL PASO AREA LIBRARIES GOVERNANCE STRUCTURE

2.1 A governing council governs the El Paso Area Libraries. The council shall consist of one voting representative from each consortium member institution.

2.2 The council will elect a Chair.  The term of service and obligations of office shall be published in the El Paso Area Libraries Bylaws.

2.3 Each consortium member institution shall have one vote.

2.4 The El Paso Area Libraries shall develop and maintain bylaws governing the consortium activities and services.

2.5 The council shall approve budgets and expenditure plans.

2.6 The council shall set policies for the consortium and its relationship with member institutions.

2.7 The Technical Advisory Council, consisting of staff designated by each member institution, shall advise the council on technical management issues.

2.8 The council shall establish other advisory groups or ad-hoc committees as needed. 

3.0 EL PASO AREA LIBRARIES (E-PAL) ADMINISTRATIVE ENTITY RESPONSIBILITIES

3.1 The El Paso Area Libraries shall serve as the business agent for the consortium members and shall provide administrative and technical support as follows:

3.2 The El Paso Area Libraries shall purchase with private and public funds the shared hardware and software to be located at designated sites.  The council members shall determine the specific items purchased.

3.3 The El Paso Area Libraries shall provide reliable and sufficient capacity, availability, and access for consortium-related telecommunication traffic to and each member institution’s catalogs and databases.

3.4 The El Paso Area Libraries shall install, operate, and maintain with public funds, including annual member contributions, software, hardware and resources accessible to member institutions.  To the extent that this requires the support and coordination of locally-generated data or activities, neither El Paso Area Libraries nor the representative on the council shall obligate a member institution to pay additional expenses without the member institution’s prior approval.

3.5 The El Paso Area Libraries may install, operate, and maintain other databases at the central or designated site(s) for access by member institutions.  If access to any database requires direct institutional expense, the member has the option at its discretion to decline participation and access to that database.

3.6 The El Paso Area Libraries shall prepare and administer budgets and make expenditures pursuant to the direction and approval of the council.

3.7 The El Paso Area Libraries shall maintain budget and accounting activities for consortium.

3.8 The El Paso Area Libraries shall provide the council with the necessary management information, including but not limited to technical, financial, and statistical reports.

3.9 The El Paso Area Libraries shall draft an annual report subject to the approval of the council.

3.10 The El Paso Area Libraries shall be the official repository for the consortium documentation, correspondence, and other business records. 

4.0 MEMBER INSTITUTION DUTIES

4.1 Each member institution shall be responsible for purchasing and maintaining its own local system of hardware and software.

4.2 Each member institution shall provide, at its expense, all costs to link and ensure reliable access from the institution’s local system to central system.    

4.3 Consortium members whose ongoing participation in El Paso Area Libraries shall pay the consortium a pro-rata amount for differential maintenance, supplies, and equipment reserve costs.  The payment amount shall be determined according to published schedules approved by the El Paso Area Libraries council.

4.4 Each member institution shall participate in the El Paso Area Libraries interlibrary loan according to current circulation policies as approved by the council.  Provision of the widest possible circulation services under these policies shall be a condition of membership.

4.5 Each member institution shall participate in the El Paso Area Libraries electronic and physical document delivery services that support and other cooperative services and activities as approved by the council.

4.6 Each member institution shall actively participate in the general management and advisory activities and by maintaining active participation in the El Paso Area Libraries consortium and additional groups established by the Council including, but not limited to, standing committees, task forces, and advisory bodies. Travel costs are the responsibility of the member institution unless grant or other specified funds pay those costs.

4.7 The El Paso Area Libraries may unilaterally terminate a member institution’s membership only if the institution materially breaches its duties and such duties remain breached for 180 days after notification by the Council or if to continue participation would violate laws or bylaws of the El Paso Area Libraries.

4.8 Each member institution can, at its discretion, withdraw from the consortium. Such withdrawal will be effective upon 180 days written notice. 

5.0 DATA RIGHTS AND OBLIGATIONS

5.1Data obtained by the central site from each member institution are hereby contributed in perpetuity to the El Paso Area Libraries for use in achievement of the consortium goals, subject to any third-party license restrictions attached to such data.

5.2. Data obtained by each member institution are hereby contributed in perpetuity to the member institution, subject to any third-party license restrictions attached to such data. 

6.0 MISCELLANEOUS

6.1 If sufficient funds are not provided in the future to permit the El Paso Area Libraries to operate as the fiscal and program manager, member institutions may terminate this agreement without liability or determine a new administrative agent.

6.2 This agreement constitutes the entire agreement between the parties.  There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement.  No amendment, consent, or waiver of terms of this agreement shall bind either party unless in writing and signed by all parties.  Any such amendment, consent, or waiver shall be effective only in the specific instance and for the specific purpose given.  The parties, by the signature below of their authorized representatives, acknowledge having read and understood the agreement and to be bound by its terms and conditions. 

Organization’s Name                                              EPAL 

____________________________                    __________________________ 
Authorized Signature                                                President of EPAL 

Date ______________                                           Date ______________

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