Consortium of MnPALS Libraries

This AGREEMENT is made between PARTICIPANT and PALS, A Program of the Minnesota State Colleges and Universities, hereinafter referred to as PALS.

WHEREAS the Minnesota State Colleges and Universities (MnSCU) operates an automated library system, called MnPALS;

AND WHEREAS additional libraries and institutions outside the Minnesota State Colleges and Universities have been participating in a cooperative and collaborative entity known as the Consortium of MnPALS Libraries to share bibliographic data, information, and library materials since 1980;

AND WHEREAS PARTICIPANT wishes to participate with PALS to have access and utilization of the on-line catalog system of MnPALS and to utilize other functional MnPALS systems as appropriate.

NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, PARTICIPANT and PALS agree as follows:

A.] MEMBERSHIP

PARTICIPANT and PALS agree that this agreement provides for participation in the Consortium of MnPALS Libraries.

A.1.) BASIC PARTICIPATION

PARTICIPANT will

a.] allow their On-line Computer Library Center (OCLC) records to be loaded in the MnPALS on-line catalog,

b.] allow their records to be displayed for all members,

c.] allow open searching of the database by their constituents,

d.] interlibrary loan to other MnPALS participants items which are requested according to policies adopted by the Consortium Administrators and Coordinators Group and subject to such restrictions as PARTICIPANT may have on the loan of its materials.

A.2.) ADDITIONAL SERVICES

Participation in additional services (e.g.; electronic data bases) is at the discretion of PARTICIPANT and at additional cost as detailed in the attached document, “PALS Participant Library Charges,” and subsequent revisions as provided for in Section B below.

A.3.) PARTICIPANT agrees to participate in MINITEX to the extent allowable and to retain a current contract for OCLC membership.

A.4.) PARTICIPANT agrees that the title for all PALS central site (Minnesota State University, Mankato) computer equipment and software shall remain with MnSCU.

A.5.) PALS agrees that the title for all PARTICIPANT computer equipment purchased and/or leased by PARTICIPANT shall remain with PARTICIPANT.

A.6.) PARTICIPANT agrees that other institutions may be added to MnPALS at the discretion of the PALS Executive Director. The decision on new participants will be made on the basis of (1) ability of PALS to provide adequate computer resources and access, and (2) determination that there would be no material degradation of overall system or support staff response time as a result of adding new participants.

A.7.) The same levels of service (response time, delivery of off-line products, support staff available, etc.) will be available to all MnPALS participants without regard to type of library or source of funding or geographic location.

A.8.) The total data base is owned by PALS. However, each participating institution retains jointownership and access to its own bibliographic data and may, upon request, receive an electronic copy of the institution's database with that institution’s enhancements in MARC format, for which the MnPALS participant will be charged the cost of production (including materials, equipment, and staff costs).

a.] In the event PARTICIPANT ceases to participate in MnPALS, said PARTICIPANT may receive its circulation records and other data such as acquisitions, interlibrary loan, serials, and patron records at a mutually negotiated cost.

A.9.) PARTICIPANT may elect to participate in other automation cooperative activities, provided PARTICIPANT meets the membership requirements contained in Section B of this agreement.

A.10.) PALS is responsible for installation and maintenance of telecommunications equipment at the MSU Computer Center in Mankato. This equipment shall meet generally accepted state and national standards so as to promote compatibility and interconnections. PARTICIPANT is responsible for obtaining and maintaining a link to the PALS telecommunications network.

B.] COSTS FOR SERVICE

B.1.) Charges for membership in the consortium of MnPALS Libraries, which includes access to PALS, OPAC participation, specific module utilization, and additional fee based services will be determined annually by the PALS Executive Director after consultation with the Administrators and Coordinators Executive Committee..

a.) For charges which take effect on July 1 of any calendar year, the PALS Executive Director will attempt to provide preliminary cost estimates for budgeting purposes to PARTICIPANT by November 30 of the previous calendar year.

b.) Final cost charges and allocations will be determined as soon as practical in advance of the commencement of the fiscal year. Changes in the funding algorithm will require a minimum of 90 days notice from the PALS Executive Director to PARTICIPANT before taking effect.

c.) The requirement in Section B.1b.) above may be waived by PARTICIPANT on its own behalf or by a 2/3 vote of the Administrators and Coordinators Executive Committee acting on behalf of all the members of the consortium.

d.) PARTICIPANT will be billed in July and January of each fiscal year. Payments are due upon receipt of invoice. Payments not made within 60 calendar days after receipt of invoice will be increased by 1% per month until paid in full.

B.2.) PALS agrees to provide, at a cost based on a current fee schedule, appropriate orientation, instruction, and training in the use of MnPALS, through workshops and on-site activity, and to keep PARTICIPANT promptly apprised of MnPALS modifications and changes related to PARTICIPANT access.

a.) PALS may adjust this fee structure annually.

b.) By July 1 of each calendar year, PALS will provide to PARTICIPANT a support services fee schedule and a Description of Standard and Optional Support Services.

B.3.) PARTICIPANT may purchase requested products from the MnPALS data bases (such as special bibliographic lists, etc.) at its discretion and at a price determined by PALS.

B.4.) PARTICIPANT and PALS may jointly contract for additional products or services at mutually negotiated fees provided that such agreements are not detrimental to the products and services enjoyed by all the members of the consortium as parties to this agreement.

C.] ORGANIZATIONAL STRUCTURE

C.1.) The MnPALS automated library system will be administered by an executive director appointed by the MnSCU Chancellor.

C.2.) A PALS Administrators and Coordinators Group is confirmed for policy, procedure, budget, and problem resolution and to provide advice, counsel and recommendations to the PALS Executive Director. The Governance Structure for the Participants in MnPALS is described in Attachment B, which is attached and made part of this document by reference

C.3.) The administrative head or coordinator of the PARTICIPANT library shall be a member of the Administrators and Coordinators Group.

D.] DURATION OF AGREEMENT

D.1.) This Agreement shall be in force and effect upon signing and shall remain in effect until terminated under the provisions described below.

a.) This Agreement may be modified at any time upon the mutual written consent of both PALS and PARTICIPANT.

b.) This Agreement may be terminated at any time upon the mutual written consent of both PALS and PARTICIPANT.

c.) This Agreement in its entirety may be terminated at any time by either party provided that a minimum of one calendar year’s prior notice is given to the other party in writing by either PARTICIPANT or PALS.

In addition,

c.1.) This notification requirement may be reduced to 180 days after the start of the membership year if charges to PARTICIPANT increase by more than 10% over the previous fiscal year for the same services.

c.2.) Basic Participation as described in Section A1 may be discontinued at any time by either party provided that a minimum of one calendar year’s prior notice is given to the other party in writing by either PARTICIPANT or PALS.

c.3.) Participation in Additional Services as described in Section A2 above may be discontinued by either party provided that notice is given to the other party in writing by either PARTICIPANT or PALS no less than 90 days before the expiration of the contracting period for the service being discontinued.

E.] PERFORMANCE

E.1.) PALS shall not be liable or responsible for losses caused by interruption of service due to causes beyond its control including, but not limited to, acts of God, equipment failure, power outages, inclement weather, and sabotage to the system.

E.2.) PALS agrees to provide an automated library system consisting of OPAC, Cataloging, Serials, Acquisitions, and Interlibrary Loan modules and such other services and enhancements as shall be added from time to time. Said system shall generally be available to PARTICIPANT 24 hours a day, seven days a week, except for needed downtime for maintenance and repair.

E.3.) PALS shall maintain at a secure site remote from the MSU computer center, a complete set of the entire data base plus all software necessary to recover the system in the event current operating software and/or records are destroyed. At no time shall this data for PARTICIPANT be more than 30 days old.

F.] SUPERSESSION AND JURISDICTION

F.1.) This Agreement supersedes all prior agreements between the parties related to the topics addressed herein.

F.2.) This Agreement and performance hereunder shall be construed in accordance with, and the rights of the signatory parties shall be governed by, the laws of the State of Minnesota.

IN WITNESS WHEREOF, PALS and PARTICIPANT hereto cause this Agreement to be executed the day and year first written above.

Accepted By: Accepted By:

Date ______________________ Date ____________________

__________________________ _________________________

(Authorized Signature) (Authorized Signature)

__________________________ __________________________

Title Title

PARTICIPANT PALS

Date _____________________ Date _____________________

__________________________ _________________________

(Authorized Signature) (Authorized Signature)

PARTICIPANT MnSCU Finance and Administration

Consortium of MnPALS Libraries Generic Contract