Memorandum of Understanding - Original

MEMORANDUM OF UNDERSTANDING

This understanding is made as of __________________ by and between
_______________________________________ and the Ohio Library and
Information Network (OhioLINK) on behalf of the Ohio Department of Higher Education.

OhioLINK Establishment and Goals:

A.      OhioLINK is a consortium of institutions of higher education
located in the State of Ohio and the State Library of Ohio.  OhioLINK
is authorized by the Ohio Department of Higher Education to procure and implement a
state-wide automated library system, for use by current member
Institutions and for future use by additional members and affiliated
institutions.  The goal of OhioLINK is to make the information
resources in the libraries of the Ohio institutions of higher education
and the State Library of Ohio more widely available and accessible to
enhance the economic and educational development of the citizens of
Ohio and to reinforce Ohio as a leader in the delivery of information
services.

    Each member's goal is to maintain and enhance its historically
strong working rela-tionship with state-supported and private
institutions of higher education.  All member institutions subscribe to
the goals and primary functions of OhioLINK as noted below.

B.      OhioLINK is governed by a Governing Board as authorized by the
Department of Higher Education. In turn, a Library Advisory Council consisting of
library directors of member institutions, and a User Advisory Council
and a Policy Advisory Council, consisting of faculty, administrators,
computer services staff and librarians of each member institution serve
as the primary advisory bodies to the Governing Board.  The Governing
Board has sole authority to approve fiscal budgets and expenditures,
and set policies for OhioLINK and for its relationship with member
institutions.

C.      OhioLINK is based on integrated library software and computer
equipment located at each institution and a central site, and linked
via the Ohio Academic Resources Network (OARnet), which in total
constitutes the automated system (the "System").

D.      A primary function of the System is to provide access to the
union catalog of OhioLINK institutions.  Access will allow patrons to
request needed materials from the collections of all participating
institutions.

E.      A primary function of the System is to provide access to
electronic databases other than the union catalog to all participating
institutions and their patrons.

F.      A primary function of OhioLINK is to support cooperative
electronic and physical document delivery of materials held by OhioLINK
members.

G.      A major support function of OhioLINK is to provide the
organizational and financial impetus and support for research and
development in the access to and delivery of information to patrons of
member institutions and to wider audiences of Ohio citizens.

1.0    OhioLINK Duties

1.1     OhioLINK purchases with central funds, the initial local system
hardware and software to be placed at and operated on member
institutions premises.  The specific items included are determined by
the OhioLINK Governing Board.

1.2     OhioLINK funds new system-wide services; and supplements,
replaces, and/or upgrades computer hardware and software,
telecommunications equipment and facilities and other equipment and
software as determined by the OhioLINK Governing Board.

1.3     OhioLINK installs, operates and maintains a central site
facility with central funds which provides access from each
institution's campus to the union catalog and other databases mounted
at the Central Site.

1.4     OhioLINK provides support with central funds to the Ohio
Academic Resources Network (OARnet) to provide reliable backbone and
Central Site capacity for OhioLINK related telecommunication traffic to
and from the central system to each member campus.

1.5     OhioLINK installs, operates, and maintains with central funds a
union catalog of OhioLINK members accessible to member institutions.
To the extent that this requires the support and coordination of
locally-generated data or activities OhioLINK will not obligate the
members to pay additional expenses without the institution's prior
approval.

1.6     OhioLINK installs, operate and maintain other databases at the
Central Site 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.

1.7     OhioLINK  provides support with central funds for electronic
and physical document delivery services between member institutions
arising as a result of use of the system.

1.8     The OhioLINK Governing Board can unilaterally terminate a
member institution's OhioLINK membership only if the institution
materially breaches its duties and such duties remain breached for 180
days after notification by OhioLINK or if to continue participation
would violate State law.

2.0    Member Institution Duties

2.1     Each member institution  provides, at its expense, the physical
housing, utilities and other local costs not covered by OhioLINK to
install, operate, and maintain the local system hardware and software.
A major element included in this is the annual hardware and software
maintenance charges of the System located at each institution, which
may include maintenance covering additional hardware and software
provided by OhioLINK under Section 1.2  and accepted by each
institution.

2.2     Each member institution provides, at its expense, all costs to
link and provides reliable access from the institution's local system
to the OARnet backbone.

2.3     Each member institution  provides to OhioLINK a copy of its
bibliographic, authority and holdings databases for loading into the
central system at the time of its initial system installation.  Each
member institution  provides to OhioLINK on an on-going basis,
additional records added to the above mentioned databases (new or
retrospectively converted material) by mutually acceptable means.

2.4     Each member institution  assists OhioLINK in maintaining the
central site database through support and coordination of
bibliographic, authority, and holdings data.  The specific means for
these procedures  is a function of the initial RFP, the Innovative
Interfaces contract, and discussions and decisions made within the
OhioLINK management process.  Each member institution is expected to
provide its reasonable best efforts to comply with the maintenance
procedures established.

2.5     Each member institution  participates in central system
inter-library circulation to the extent generally agreed to by OhioLINK
members.  Each member institution must fully supply services under
OhioLINK circulation policies to retain membership.

2.6     Each member institution  participates in the OhioLINK
electronic and physical document delivery services that support the
circulation processes noted in Section 2.5 and other cooperative
services and activities, to the extent generally agreed to by OhioLINK
members.

2.7     Each member institution actively participates in the general
management and advisory activities of OhioLINK as afforded to it.  Each
member institution must maintain active participation in the Library
Advisory Council and Policy Advisory Council or any corresponding
future groups. Each member instituion uses its discretion as to its
participation in additional groups and committees at any given time.


3.0    Data and Equipment Rights and Obligations

3.1     Each member institution can, at its discretion, withdraw from
the OhioLINK program.  Such withdrawal will be effective on 180 days
written notice.  Disposition of the hardware and other components of
the local system will be subject to the following:

    a.      If the notice to withdraw is made within four years of
    the initial installation, the institution can either reimburse
    OhioLINK the original costs of centrally funded hardware and
    software related to the local system and OARnet backbone
    access; or return all equipment to OhioLINK.  

    b.      If the notice to withdraw is made after four years
    following the initial installation, the institution can either
    reimburse OhioLINK for the market value of centrally funded
    hardware and software related to the local system and OARnet
    backbone access; or return all equipment to OhioLINK.

3.2     When OhioLINK uses central funds as noted in Section 1.2 the
trade-in value of existing equipment and software will accrue to
OhioLINK.  If as the result of an action under Section 1.2, old
equipment and software is discarded, the old equipment's use or
disposal price will be determined by the OhioLINK Governing Board
within state-approved policies.

3.3     If a member institution upgrades its local system with local
funds, causing OhioLINK centrally funded equipment and software to be
replaced or disposed of, the trade-in value of such equipment and
software can be applied by the member to its upgrade costs.  The
trade-in value of the equipment and software will be deducted should
Section 3.1.a. or b. be invoked and wherein the institution seeks to
purchase the equipment.  If the equipment and software is to be
returned, the upgraded items can be kept if under 3.1.a., the original
value of the replaced item is paid to OhioLINK or if under 3.1.b. the
market value price of the replaced item is paid.

3.4     Data obtained by the central site from each member institution
are hereby licensed in perpetuity to the State of Ohio for use in
achievement of OhioLINK's goals, subject to any third-party license
restrictions attached to such data.

3.5     If a member institution ceases participation in OhioLINK, the
data submitted to the central system at that point will remain with
OhioLINK.  In that event, designation of ownership of records by that
member  in the central system will be removed by OhioLINK from central
system data at the member's request.

3.6     Data obtained by each member institution from the central
system are hereby licensed in perpetuity to the member institution,
subject to any third-party license restrictions attached to such data.


APPROVED:

 

______________________________
Institution

______________________________
President

______________________________
Date

 

______________________________
Chair, Governing Board, OhioLINK  

______________________________
Date