Operating Agreement

OPERATING AGREEMENT
for the
WISCONSIN PROJECT FOR AUTOMATED LIBRARIES
The parties hereto being legally constituted municipalities acting in accordance with the Statutes of the State of Wisconsin herewith agree to constitute and operate an automated library project. This agreement is constituted under Wisconsin Statute, s66.03(01), (02), intergovernmental cooperation, which gives municipalities, as defined therein to include WTCS districts, the authority to cooperate with other municipalities for the purpose of receiving or furnishing of services or the joint exercise of any power or duty required or authorized by law.

1. Purpose of the Consortium

The WISPALS Library Consortium (“Consortium”) provides member libraries shared access to a library automation system, information resources, electronic databases and other services and technology at reduced costs. It promotes the exchange of knowledge, skills and best practices for libraries. The Consortium also serves as a liaison between local, state and national library organizations and vendors.

2. Governance

The Executive Committee – Governance of the Consortium, direction and activities, shall be the responsibility of the Executive Committee consisting of the library director or designee of each respective institution. The Committee will elect one of its full member representatives to serve as chair for a one-year term. Each full member Executive Committee representative shall have voting rights. The Executive Committee shall advise and consult with the Consortium Board as needed.

The Board – Governance is also conducted by the Consortium Board consisting of the chief executive officer or designee of each respective full member institution. The Consortium Board shall elect one of its members as chair for a term to be defined by the Board. Each full member Board representative shall have voting rights. The Consortium Board shall advise and consult the Consortium Executive Committee as needed.

3. Consortium Administration

Administration of the Consortium shall be the responsibility of Gateway Technical College, unless otherwise changed by the Consortium Board. Gateway shall maintain all WISPALS records, including fiscal, be responsible for all public meeting notices and house the WISPALS Coordinator. Waukesha County Technical College shall house the Consortium’s servers and the WISPALS System Operations Manager.

4. Budget Development and Fiscal Operation

A budget for the operation of the Consortium shall be submitted by the Executive Committee to the Consortium Board for review by January 1 of each year, to take effect on July 1. The budget shall include all costs for Consortium operation with the understanding that all costs will be borne by each Consortium member equally. The fiscal operation of the Consortium shall be coordinated through Gateway Technical College unless otherwise changed by the Consortium Board. Said district shall also assume responsibility for all accounting functions related to proper and legal consortium operation, maintenance of all records, including fiscal, and for all public meeting notices.

5. Consortium Membership

Full members – are those academic institutions designated as municipalities in accordance with Wisconsin Statutes which elect to share equally all initial and ongoing costs associated with Consortium operations, including purchase, operation, and maintenance of a shared library automation system. Each Full Member institution is entitled to be represented on the Consortium Board of Directors and the Executive Committee and have one vote. Institutions seeking full membership after August 1, 1997, must be approved by both the Executive Committee and Consortium Board.

Participating members – are those academic institutions in Wisconsin that elect to contract with the Consortium for access to its electronic reserves system and associated services. Participating members will be assessed annual charges as determined by the Consortium Executive Committee. Participating members are entitled to representation on the Executive Committee and Consortium Board but shall have no voting rights. Institutions seeking participating membership shall be approved by the Executive Committee.

Cooperative Purchasing members – are those academic institutions in Wisconsin that contract for purchasing services with the Consortium for a specified fee. Cooperative Purchasing members shall be assessed a negotiated surcharge for each purchased service as determined by the Executive Committee. Cooperative Purchasing members are not entitled to representation on the Executive Committee or Consortium Board. Institutions seeking cooperative purchasing membership must be approved by the Executive Committee.

6) Term of Agreement

Institutions joining the Consortium as a Full or Participating Member shall do so for a five (5) year period after which membership is automatically renewed for a one year period on an annual basis unless a notice of termination is received by the Executive Committee and Consortium Board. Such notice must be presented at least one fiscal year prior to the date of termination. Any institution terminating membership will be liable for its financial costs incurred during the period of its membership until such costs are fully paid, including costs for removal of its records from the database. The district maintains ownership of hardware, software, communication equipment and bibliographic records. The district must remove its bibliographic records in standard ASCII format for a fee.

7. Additional Terms

1) Authority for WISPALS employees shall be solely the responsibility of the Consortium Executive Committee Personnel Committee. This includes, but is not limited to, hiring, termination, training, disciplining, determining rate of pay, conducting performance reviews, determining merit increases and all related human resource functions.

2) All Full members shall share equally all liability and expenses including defense of actions brought against the Consortium for actions taken on behalf of members of the Consortium.

3) The signatures on the attached form indicate the acceptance of the provisions of this operating agreement by the actions of the respective members on the dates shown.

WISPALS Board of Directors Approved December 13, 2007