Memo. of
Understanding for Librarians
MEMORANDUM
OF UNDERSTANDING BETWEEN TEXAS STATE LIBRARY AND ARCHIVES
COMMISSION AND UNIVERSITY OF NORTH TEXAS LIBRARIES
MEMORANDUM OF UNDERSTANDING BETWEEN TEXAS STATE LIBRARY
AND ARCHIVES COMMISSION AND UNIVERSITY OF NORTH TEXAS
LIBRARIES
RELATED TO THE GOVERNMENT INFORMATION ELECTRONIC DEPOSITORY
PROGRAM OF THE LIBRARY OF TEXAS
Purpose and Scope
This memorandum of understanding (MOU
or agreement) establishes the respective roles and
responsibilities of the Texas State Library and Archives
Commission (TSLAC) and the University of North Texas
Libraries (UNT), in a collaborative arrangement designed
to ensure permanent storage and access to electronic
state publications for the State of Texas.
Background
In the year 2000, TSLAC received a grant
from the Telecommunications Infrastructure Fund Board
(TIFB) to expand existing and establish new services
in an electronic environment. This initiative is called
the "Library of Texas" project.
One goal of the Library of Texas project
is to use TIFB monies to buy the hardware, software,
programming and server hosting needed to build a cooperative
State electronic publications network. This cooperative
service will capture and preserve electronic publications
from all state agencies so future generations can
enjoy the same continuing access to electronic publications
as they have with print publications. This initiative
is called the "Electronic Depository Program" (EDP).
The ultimate aim of the EDP is to guarantee that electronic
State Publications will remain available to future
researchers in the same way that printed state documents
are available in depository libraries in the state.
TSLAC plans to launch the EDP in the fall of 2001.
TSLAC staff formed a working group,
the Government Information Team (GIT), to identify
the parameters of the project and to establish the
methods by which the goals of the EDP will be achieved.
The GIT includes staff from TSLAC as well as from
other institutions that have expressed an interest
in playing a role in the preservation of the State's
electronic public information.
Terms of the Agreement
1. Definitions
EDP: Electronic Depository Program;
the project to acquire, process, redistribute, preserve
and provide access to depository copies of electronic
state publications that may become non-current due
to updates or revisions at the publishing agency's
web site.
HVAC: heating, ventilation and
air conditioning; standard environmental controls
to ensure proper operation of computer resources.
Collaborating Library: For the
purposes of this document, the University of North
Texas Libraries. Another Collaborating Library, Texas
Tech University Library, has a role in the EDP similar
to that of the University of North Texas Libraries
and has an MOU agreement with the Texas State Library
and Archives Commission that corresponds to this MOU
agreement.
TIFB: Telecommunications Infrastructure
Fund Board; the agency providing the grant funds for
the EDP.
TRAIL: Texas Records and Information
Locator; a service of TSLAC that provides access to
current electronic state publications.
TSLAC: Texas State Library and
Archives Commission; the agency that is the TIFB grant
recipient and the party of primary responsibility
for accomplishing the EDP project.
Unrestricted, unfiltered public on-line
access: provision of computer equipment, software,
network interfaces and other related equipment or
services to any library customer requesting electronic
State publications without limitation on the customer's
ability to search, retrieve or utilize the publications.
2. General Provisions
2.A The Collaborating Library
recognizes that Texas electronic government information
is in the public domain.
2.B The Collaborating Library
recognizes that all equipment, software and EDP files
provided by TSLAC for the provision of the service
remain the property of TSLAC and must be surrendered
to TSLAC in the event the Collaborating Library withdraws
from this agreement.
2.C The Collaborating Library
agrees to participate in a cooperative disaster recovery
effort, should the need arise.
2.D Each institution agrees to
work cooperatively to address common concerns about
security of electronic resources.
2.E State publications to be
acquired and preserved by the EDP will consist of
those publications that fall within the parameters
described by "Collection
Development Plan: Selecting Texas State Electronic
Documents to be Included in the Electronic Depository
Program". (see Appendix 1).
2.F Electronic resources to be
utilized by the EDP will consist of those described
by "Specifications of Hardware and Software to
be Utilized in Providing the EDP Service (see Appendix
3)
3. Collaborating Library Responsibilities
The Collaborating Library shall:
3.A Provide unrestricted, unfiltered,
public, on-line access to preserved electronic State
publications without charge or assessment of an access
fee.
3.B Impose no restrictions on
re-dissemination of preserved electronic State publications.
3.C Provide sufficient physical
space, electrical power, networking connections and
capabilities, HVAC and staff support for all hardware
and software providing direct EDP services under this
agreement, regardless of whether the equipment is
purchased or leased directly by TSLAC for these services;
and provide resources to ensure that local network
and Internet connectivity will adequately support
all Internet-based users seeking access to hosted
resources.
3.D Assure that under normal
operating conditions the server(s) on which the preserved
electronic State publications reside will be available
for remote public access at least ninety-five percent
(95%) of the time, excluding scheduled down time.
3.E Provide routine maintenance,
backup and operating system administration duties
for all equipment purchased or leased by TSLAC for
the EDP and located on the Collaborating Library's
premises. This stipulation may include, but is not
limited to, implementing routine procedures to maintain
and secure the integrity of the preserved electronic
State publications, such as manual review of transferred
files for purposes of validation and the use of firewall
hardware and software or other security-related products
used to prevent modification or reconstitution of
information content. Operating system administration
duties may include, but are not limited to, installation
of patches and operating system upgrades, responsibility
for security including user administration, and providing
liaison services with vendor support for maintenance,
enhancement or upgrades to the existing systems.
3.F Assure that a process exists
that provides backup for software and data files associated
with the EDP files, such as routine on-site backup
to magnetic or optical storage media, as provided
by TSLAC, with the backup media to be stored in a
physically separate facility.
3.G Assure that Internet addresses
for EDP files are persistent and current, regardless
of relocation or renaming of files.
3.H Acknowledge on the Collaborating
Library's web pages associated with the EDP that the
Collaborating Library is working in association with
TIFB and TSLAC to provide permanent public access
to the preserved electronic publications of the State
of Texas.
3.I Provide Internet links from
the Collaborating Library's web pages associated with
the EDP to the TRAIL service for access to current
electronic State publications.
3.J Load EDP files to hardware
provided by TSLAC and provide Internet access to the
EDP files, upon receipt of the files from TSLAC or
its agent, within five (5) working days of receipt.
3.K Obtain, in advance, TSLAC
approval before implementation of any reconfiguration
of equipment or software that directly or indirectly
increases or decreases availability of services covered
in this agreement.
3.L Obtain, in advance, TSLAC
approval before equipment or applications purchased
or leased for the collaborating party under this agreement
are used for any purposes not covered by this agreement;
and ensure that services will not be unduly impacted
or disrupted during implementation or operation of
any additional services if approved.
3.M Provide to TSLAC a written
disaster recovery plan that includes recovery of data
should the Collaborating Library's facility become
inoperable due to partial or complete destruction
of the facility; the recovery plan shall be provided
to TSLAC upon execution of this agreement and shall
become a part of this agreement as Appendix 2.
3.N Provide written procedures
to TSLAC that describe the method for handling on-site
and remote technical assistance for equipment and
software that is purchased or leased under this agreement.
The Collaborating Library shall provide to TSLAC contact
names and phone numbers for one or more technical
staff designated to work with TSLAC staff. The Collaborating
Library must ensure that staff designated to take
responsibility for technical assistance have sufficient
training and expertise to perform all duties related
to the EDP services. The Collaborating Library must
keep TSLAC informed, within seven (7) days of staff
departure, of any changes for the designated positions
and ensure that support will not be disrupted due
to vacancies. The Collaborating Library will work
cooperatively with TSLAC and other Collaborating Libraries
to ensure that staff designated under this provision
receive adequate training regarding maintenance and
upgrade of EDP computer systems.
3.O Provide to TSLAC, for planning
and implementation purposes, a diagram (incorporated
as part of this agreement in Appendix 4) of the Collaborating
Library's network architecture noting the location
where the hardware is to be installed, the location
of the firewall and the type of firewall, and the
type of network and operating environment providing
access to the service.
4. TSLAC Responsibilities
TSLAC or its agent shall:
4.A Recognize the Collaborating
Library as one of the official sites for depository
copies of electronic State publications and provide
notice on the TRAIL system acknowledging the collaboration
between the Collaborating Library, TIFB and TSLAC.
4.B Provide Internet links to
the Collaborating Library's web site for the EDP files.
4.C Provide to the Collaborating
Library the computer hardware and software necessary
to provide EDP services, including backup; and provide
vendor maintenance agreements for support of equipment
and software under this agreement. In the event that
new hardware or software is needed to replace all
or part of what is provided under this agreement,
the Collaborating Library will provide to TSLAC for
consideration a written documentation of the need
and cost quotes for the enhancements. All equipment,
software and EDP files provided by TSLAC remain the
property of TSLAC.
4.D Provide the Collaborating
Library with EDP files for upload to Internet-accessible
computer resources.
4.E Provide notice to the Collaborating
Library of any changes to be made in the project at
least ninety (90) days before any change is implemented,
to allow time for local planning.
4.F Establish and maintain hardware
and software that will act as an archival site for
all EDP files transmitted to the Collaborating Library.
4.G Work cooperatively with the
Collaborating Library to ensure that staff designated
to handle maintenance and upgrades of EDP computer
systems receive adequate training.
4.H Initiate, on a biennial basis,
a review of technology as a means to anticipate future
needs and to assess the adequacy of existing systems.
4.I TSLAC shall provide to the
Collaborating Library a contact name and phone number
for a staff person who will be responsible for representing
TSLAC in the administration of the EDP project with
the Collaborating Library, and provide 30 days written
notice of any staff changes.
5. Contacts
5.A Texas State Library and
Archives Commission
Coby Condrey, Coordinator, Texas State Publications
Depository Program
ccondrey@tsl.state.tx.us
512-463-5434
5.B Collaborating Library: University
of North Texas Libraries
Cathy Nelson Hartman, Documents Librarian: Electronic
Resources Coordinator chartman@library.unt.edu
940-565-3269
6. Effective Dates, Duration and
Amendments
6.A This agreement is effective,
as of the date of signature by all the authorized
representatives indicated below, for a term of five
years.
6.B This agreement may be extended
or amended by mutual agreement of the parties; any
extension or amendment must be in writing, executed
by the appropriate official for each party.
7. Ongoing Development and Collaboration
7.A The Collaborating Library
agrees to work cooperatively with TSLAC to identify
and pursue grant opportunities for later phases of
the project. Later phases shall include, but are not
limited to, developing methods for acquiring more
complex, non-text based file formats (such as databases,
audio files, video files, and mapping data and software
[GIS]) and for other related enhancements of the project
as needs are identified.
7.B The Collaborating Library
agrees to work collaboratively with TSLAC to pursue
cooperative cataloging initiatives for electronic
publication records.
8. Termination Responsibilities
8.A Any party may withdraw from
this agreement upon ninety (90) days written notice
to the other party.
8.B The Collaborating Library
must notify TSLAC in writing of the Collaborating
Library's decision to withdraw from the agreement
at least ninety (90) days before the performance of
responsibilities is terminated, in the event the Collaborating
Library can no longer perform its responsibilities
under the terms of this agreement, and continue, for
a period not to exceed one hundred eighty (180) days
from the date of the written notification, to make
the EDP files available as described under the terms
of this agreement.
8.C The Collaborating Library
must return, at the Collaborating Library's own expense
and within one hundred eighty (180) days of notification
to TSLAC, all equipment, software and data files associated
with the EDP to a location designated by TSLAC, if
the Collaborating Library is no longer able to perform
the responsibilities designated by this agreement.
The Collaborating Library will coordinate with TSLAC
and make every good faith effort to ensure that all
equipment, software and data files arrive in good
working order.
9. This is not a brokerage agreement
or an agreement of joint venture, joint enterprise,
partnership or employment. In the performance of this
Agreement, both parties shall act as independent contractors.
Neither party shall order any merchandise or equipment,
incur any indebtedness, enter into any undertaking
or make any commitment in the other party's name or
purporting to be on the other party's behalf except
as expressly authorized by the terms of this contract
or by a separate written agreement with the other
party.
Appendices
The following documents are incorporated
into this agreement:
App.1 Collection Development Plan: Selecting
Texas State Electronic Documents to be Included in
the Electronic Depository Program. [provided by TSLAC,
contact: Coby Condrey]
App.2 Disaster Recovery Plan of Collaborating
Library [provided by Collaborating Library, contact:
Cathy Hartman]
App.3 Specifications of Hardware and
Software to be Utilized in Providing the EDP Service
[provided by TSLAC, contact: Coby Condrey]
App.4 Diagram of Network Architecture
(noting the location where the hardware is to be installed,
the location of the firewall and the type of firewall,
and the type of network and operating environment
providing access to the service).
[provided by UNT, contact: Cathy Hartman]
